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HomeMy WebLinkAboutSUBDIVISION (70) TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONINGLCOMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY IAPPLICATION # D 7 THE PLANNING AND ZONING COMMISSION AT RECEIVED DATE: 7--?, THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE : BE SUBMITTED TO THE PLANNING AND RECEIPT # Q ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUESDAY. APPLICANT: Windshire Abbe Estates , LTD ADDRESS : 1665 Ellington Road , South Windsor, CT TELEPHONE # 644-9441 OWNER OF RECORD ON S.W. LAND RECORDS W indshi re Abbe Estates, LTD ADDRESS • 1665 Ellington Road, South Windsor, CT 06074 COMPLETE DESCRIPTION OF LOCATION OF PROPERTY See attached maps ZONE AA-30 NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: Attorney Harold Cummings 1665 Ellington Road , South Windsor, CT 06074 TELEPHONE # 644-9441 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1. Zone Change to Zone (public hearing) X 2. Filing for Subdivision 3. Filing for Open Space Subdivision (public hearing) 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 Z�O�N�IN G C S ION A LICA n OWNER (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 #7. 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. to*N sft C .i - �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-CO AREA CODE 203/644-2511 March 11 , 1983 Harold Cummings , Esq . 1665 Ellington Road South Windsor , Ct . 06074 Dear Hal : Re : Sec . II of Windshire Abbe Estates The public hearing in this matter is scheduled for Tuesday , March 29th , at 8 : 00 P . M. in the South Windsor Town Hall . Please be sure signs advertising the hearing are posted on the property for 10 continuous days prior to the hearing (by March 18th) . One should be posted at the end of Windshire Drive where the new road is planned, and another on Abbe Road Extension . The signs may be purchased in the Town Hall at a cost of $5 each . Yours very truly, PLANNING AND ZONING COMMISSION vg By : Marshall Montana, Chairperson CC : Richard Kelley T-awn' 0-le sis� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 lN�SOR•CON� AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, MARCH 17, 1983 THURSDAY, MARCH 24, 1983 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 , March 29 , 1983 , at 8 : 00 P . M. in the Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue , to consider the following : 1 . Application of T & M Building Company for an open space resubdivision of 40 lots west of Avery Street , south of Dart Hill Road, known as Phase II of Country View Estates , in A-30 and AA-30 zones . 2 . Application of RWR Associates for a resubdivision on the north side of Chapel Road , east of John Fitch Boulevard , in an I zone . 3 Application of Windshire Abbe Estates , Ltd . for a resubdivision of 15 lots on the east side of Abbe Road Extension , north of Windshire Drive , known as Phase II of Windshire Abbe Estates , AA-30 zone . Copies of these applications and maps more clearly defining the property 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 AND ZONING COMMISSION Marshall Montana , Chairperson Raymond F. Hallowell , Jr . , Secretary pzc 10wN S[q ` ro Tawrt ?/,,N �,(� �y r qye SpaM W U [4 1 so (. e L) a u y �u 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 gpR,Cp AREA CODE 203/644-2511 'yOt� arc_'1 Lam , 1�JJ 'indshire _abbe �1'states trd. 15�� .Alin;ton oac, Out''q ' -indsor , �onnecticut �J0'4 ��. 1..:�11 '.I J -;ichard _:cllel , rresiden Harold Cu:':minl :s , _,ttornely entleraen: �e ore the inland et ,f enc;., can a ,.eterr:inaticn on your , _dication, the 1ollo,.in=' ?dditi0n 1 infOr '.i .t=on is necessarlr: 1. he im-cact .,ha e 11 '.rill have On the `etlan,^ , t}1e detention basin and the Surrounainr, ar ea , i?'!clu-dins7 the abutti n7 lrelan�. ,3ro ert,,%. G. 7 lease des ;*Hate on `he -)lan the :erL-eter o7- the lTetlana. j, _'he is-i, ^c- On -ae z.'eti3ll under l0'0 car Gto= -- c 0nditi Qily. -lhe incr�,ase in the v..io„nt o _.te._ w -n ac_'e ee- , ur e. 100-;rear sto— o�-le of the lan,:L ai0'_l i•_^_E �O L1 .ate 112ie tiv e e n �De s _ 01.e' a n,' a.., :r0'1er46 ase; on �_e1._ �urv9 T � -ou "4 sh C b� ti1., C!1 an -_le:..__ contact �cret no later -i-n r c h uo. t �6nstwncC . „,n,. CC . avi�U , :,e� ut "o ; �a. ir_a:r lli .. eill , _'ups „ . oo M SE,( e / Own- 0-ye sloam V1'qd'4'0t s� o 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ��osoe•co AREA CODE 203/644-2511 April 4 , 1983 Mr . Robert Deptula , Town Sanitarian Town Hall South Windsor , Ct . 06074 Dear Bob : Re : Windshire Abbe Estates A great deal of development is contemplated in the area of Windshire Abbe Estates , and a comment was recently made at a public hearing that there could be as many as 90 lots . Questions are being raised concerning whether public water should be brought into this area of Town . We currently have applications pending for Phase II , where they plan to install artesian wells , and for Phases IV and V which will have public water . We would appreciate a report from you concerning the desirability of wells ; whether the supply of water would be adequate for as many as 90 homes , etc . Please talk to Buck Page concerning the area in question. Thank you for your attention to this matter . Yours very truly , PLANNING & ZONING COMMISSION v g B y: Jt (✓�' i��--c� Marshall Montana , Chairperson CC : J . Page , Town Engineer P . DeMallie , Planning Director I 10WM SEA H rvn ales 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-CO AREA CODE 203/644-2511 April 4 , 1983 Mr . William Lanning , Fire Marshal Town of South Windsor South Windsor , Ct . 06074 Dear Bill : Re : Windshire Abbe Estates A great deal of development is contemplated in the area east of Abbe Road and Abbe Road Extension , west of Foster Street , .md to the north of the Carriage Drive and Lipman Drive development . Comments were recently made at a public hearing that there is the possibility of as many as 90 homes inthis area . At the moment the developers do not contemplate bringing in public water , and I would appreciate a report from you concerning the desirability of developing this area without public water from a fire safety standpoint . If you wish further information regarding the area in question , please contact Buck Page , in the Engineering Department . Thank you for your attention to this matter . Yours very truly , PLANNING AND ZONING COMMISSION vg By ��x� / --� Marshall Montana , Chairperson CC : J . Page , Town Engineer P . DeMallie , Planning Director I i h r / V c.�/ / [, V/ ,S--V 1 a a/ O � c � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 l��soe•c0 AREA CODE 203/644-2511 April 6 , 1983 Ms. Marshall Montana, Chairperson Planning and Zoning Commission Town Hall South Windsor , Conn. 06074 Dear Marshall : RE: Windshire Abbe Estates In answer to your letter of April 4 , 1983 requesting my feelings on the installation of public water in newly developed areas . I 'm sure you 're aware of the fire on Maskel Road that occurred on February 13 , 1981 in which a life was lost and the building totally destroyed. This is a prime example of what can occur even in modern construction. It must be understood that there was a delay in discovering this fire and the building was actually destroyed before the arrival of the fire department. Due to the fact that a water supply was not readily available the water had to be trucked from a considerable distance , therefore the fire burned out of control for a considerable period of time. The Town has spent a considerable amount of money to purchase fire apparatus and this apparatus coannot be fully utilized without an adequate water supply. A fire in a single family dwelling on the average size building lot presents very little danger to surrounding buildings in the neighborhood. Therefore , it can be assumed that even without water for fire protection the fire would be confined to a single structure. In most dwelling fires we have very little trouble in accomplishing rapid extinguishment with the water carried on our engines , but fires such as the Maskel Road incident will occur from time to time. It is this type of fire that requires readily available, adequate water supply for fire suppression. Another consideration is the insurance rates that will be paid by the individuals who buy these homes will be much higher due to the lack of water supply for fire suppression. I feel that the Town has some responsibility to its tax payers to see that they are adequately protected. I know that the area in question is strictly residential but I would hate to see another Maskel Road incident or Ellington Road incident due to a lack of water. `v Non=hydrant areas Page 2 - 4/6/83 Another factor that must be considered is the safety of the firefighters that will be expected to enter these buildings to ex- tinguish fires with the limited water supply available on the en- gines. It is my opinion that we should not allow industrial/commercial property or residential property to be developed without the installation of water mains with a large enough capacity to supply water for fire suppression. Very truly yours, William R. Canning Fire Marshal i CC: J. Page, Town Engineer P. DeMallie, Planning Director "pWM Sfq< y O c � y, w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soR.00 AREA CODE 203/644-2511 April 19, 1983 Mrs. Marshall Montana, Chairperson Planning & Zoning Commission South Windsor, Ct. 06074 Dear Marshall: In response to your letter of April 4, 1983 concerning Windshire Abbe Estates, I offer the following information. To date, well completion reports have been submitted for four lots (# 4, 6, 8, 13) in Phase I of the subdivision. The wells range in depth from 150' to 200' feet with a yield of 15-20 gallons per minute and a static water level of 10 feet. A yield of three gallons per minute would be considered a minimum adequate supply for average residential usage. In addition, because of the high static water level in these wells each one would have a reserve supply of approximately 1-2 days. These reports are the most reliable, tangible data indicating the adequacy of the ground water supply in this area, since each of the four wells to date are providing yiblds five to six times greater than what would be considered minimum. However, since the writer does not have expertise as a ground water hydrolygist, individuals with such expertise at the State Department of Environmental Protection were consulted. The area of this subdivision is underlaid by a red rock type of bedrock system, therefore, all of the wells will be bedrock wells. In bedrock wells water is drawn from the fracture system within the rock. In this particular area, the sedimentary bedrock contains verticle as well as many horizontal fractures providing many sources to draw water from. In addition, as a well is drilled, water from higher fractures may seep down into the fracture at the completed well depth. Mapping indicates that the fracture system slopes from west to east and that a major recharge area is located to the west of the development site. The upper soil layers in this area are relatively permeable and capable of retaining water, therefore, there will also be some infiltration into the horizontal fracture system due to verticle fractures also present. It is felt that due to the structure of the horizontal fracture system, well yield should be relatively uniform throughout the site, and draw down of one well should not affect a neighboring well. Since the subdivision will be served by public sewers, contamination from septic systems will not present a problem. Much of this area has been used Mrs. Montana Page 2 April 19, 1983 for argricultural purposes for quite some time. Due to the addition of fertilizers to the land over a period of years, excessive nitrates may have infiltrated into the ground water supply, however, this has not proven to be the case based on the few water tests received by this department. Treatment systems to remove nitrates are available and could be installed on an individual supply if necessary. To conclude, based on all available data it appears as though the ground water availability should be sufficient to adequately supply private residences at the proposed density. This report should not be misunderstood to be a blanket guarantee of ground water quantity or quality. Perhaps, a more detailed study by a qualified hydrolygist may more satisfactorily address your concerns. gz/zw--Z� Robert Deptula, R.S. Town Sanitarian RD/ds cc: Jules Page, Town Engineer Peter DeMallie, Director of Planning 4O'NM Sf� y � U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soR•co AREA CODE 203/644-2511 April 2C , 1983 ---- .:indshire Abbe estates , Ltd . 166; Ellington Road South .lindsor, Connecticut 06074 CEFTIFIE'D I,.:AIL ATTE"TTICN: Richard S . Kelley, President Harold R . Cummings , attorney Gentlemen: At the April 119 , 1983 meeting, the South ,Jindsor Inland-::etlands agency approved with conditions your Application ";C. 216 for Phase II of the residential subdivision located on ,Jindshire Drive -Ext . and Framble Drae Road , South .:indsor, Connecticut . The permit is based on the plans entitled ".Jindshire Abbe LstatesLtd. , Phase II , South .:indsor , Connecticut , " Sheets 1-7 of 7 , dated 2/7/,3 , drawn by Fuss & C"iJeill , Consulting Engineers . The following conditions must be adhered to for this permit to be valid: 1 . The proposal is subject to the apprcval of the Town Engineer. 2. No rubbish or debris shall be left on the property, 3. The applicant shall indemnify and hold harmless the Town of South Tindsor against any liability which might result from the proposed operation or use . The permit is valid for one year and shall expire if not initiated and completed within one year from the date of approval . Ve ,y truly yours , `c"onstance Lr� scn, Chiarman iNLl',:7,D :�FTLa �S AGL:NCY TC,:"; CF SCUT': ."Ii-mSC-11 CJ : ch cc : . Davies , Deputy ^own Dnoineer (Continued on Fade 2 . ) Jindshire abbe Estates , Ltd. 1665 Ellington Road South 'Jindsor, Connecticut 06074 Letter of Permit - application NO. 216 - April 20 , 1983 Page 2. CC : Continued from Page 1 . .1illiam O 'Neill , Fuss & O 'Neill Richard J. Sartor, Town Manager Edward F . Havens , ;°ayor ZCharles Enes , Town Clerk rarshall D°ontana, Chairperson, PZC Thomas D 'Auria, Building Official Peter De T�"allie , Director of Planning Richard Ryan, Town Council Liaison Peter Bortolan, Chairman,EDC r qr� a..'a TV LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P.C. 968 FARMINGTON AVENUE WEST HARTFORD,CONN. 06107 (203) 236-2973 \ SOUTH WINDSOR OFFICE EDWARD R. KUEHN 1665 ELLINGTON RD. DANIEL P.CAVANAUGH SOUTH WIN DSOR,CON N.06074 HAROLD R.CUMMINGS May 5, 1983 — FRAZIER G.SCOTT (203) 644-9441 HARRY O.WELLER LORRAINE PAULHUS PLEASE REPLY TO Marshall Montana, Chairperson South Windsor Planning and Zoning Commission Town Hall - Sullivan Avenue South Windsor, CT 06074 In re: Windshire Abbey Estates, Ltd. Phase II Dear Mr. Montana: As attorney for and a principal of Windshire Abbey Estates, Ltd. , the above applicant for subdivision approval of 15 lots, Phase II, I am writing to request that our application be amended to provide that water service (through the Connecticut Water Company) be provided to service the 15 lots under consideration by the Commission. We would, therefore , have no objection to the Commission attaching the stipulation for the provision of such water service as a condition of the subdivision approval. The present terminus of the Connecticut Company Water main in that area is at the intersection of Foster Street and Ellington Road. In order for us to be able to economically bring water main service to Phase II, therefore, it would be necessary for us to run the water main along the proposed road in pending applications IV and V. Therefore, I would respectfully request that since we have completed our public hearings on Phases II, IV and V, that the requirement for the installation of water service in Phase II be considered in conjunction with our pending request for approval of IV and V. S , ely y s, _ ��la ld R. HRC/js cc: Richard Kelley William O'Neil /1 P. 0 box 525 C77— �v 5 OAKLAND ROAD �a2 c �y117ease SOUTH WINDSOR. CONNECTICUT 06074 al YCN TELEPHONE. a (203) 644-2501 (2031 644-2006 May 12, 1983 Planning and Zoning Ca mission Town of South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06040 Attention: Mrs. Marshall Montana Chair Person Dear Mrs. Montana: This office represents Mrs. Marie DiCiancia of 304 Abby Road Extension, South Windsor. As a consequence of construction on Lot #14, Windshire Estates, owned by Mr. Bryan Marsh, a serious drainage problem has devr10ped. In constructing his home, Mr. Marsh has caused considerable water run- off to drain onto a portion of my client's property. Since Mrs. DiCiancia's rear lot area is flat, water is collecting, causing a pool to form, creating a nuisance and an area for mosquitos to breed. In addition, of course, this drainage causes a portion of my client's land to be effectively unuseable. on behalf of my client, Mrs. DiCiancia, I would ask the Town to see that this nuisance, created by this construction, is ameliorated prior to the issuance of any certificate of occupancy. _.Vgr.y_tr_uly yours, ank E. Ahearn PLANNING AND ZONING COMMISSION MAY 17 , 1983 SPECIAL MEETING SOUTH WINDSOR TOWN HALL Members Present: Evans, Hallowell, Conde, Norman, Sorenson, Montana Alternates Present: Gilligan (sitting for Sorosiak) PUBLIC PARTICIPATION None NEW BUSINESS 1. App. #903 - The Balf Company - Savin Woods Subdivision App. #904 - 50 Acres, Ltd. - Wood Ponds, Section III Mr. Hallowell said he questions the validity of the application of Wood Ponds and noted that the application cannot stand on its own and is based on the approval of the Savin Woods application. He said that applications that cannot stand on their own should not be submitted. He raised a question as to what would happen to the Wood Ponds subdivision, if the Commission denies the Savin Woods application. The secretary told the Commissioners the attorney for Wood Ponds told her he would withdraw the application if Savin Woods was denied. Chairperson Montana said the question the Commission should consider is whether this large tract of open space land should be acquired for the Town. She read the letter of approval dated April 20 for Savin Woods and said IWA approved Lots #1 through 6 and 21 through 30 . Mr. Hallowell said the drainage on Meadowbrook Road in ihe Wood Ponds application is dependent upon the Savin Woods approval, and Mr. Page, Town Engineer, noted that only a very small portion of Meadowbrook drains onto Savin property and that he personally does not think it is a problem. Mr. Hallowell raised questions about whether all the lots requested in both applications should be approved and a lengthy discussion ensued. Mr. Page said that he has walked this entire area and the open space areas are probably some of the most beautiful land in Town, and it is the kind of open space land the Town would like to acquire. Mrs. Montana suggested the Commission should limit its discussion to the Savin Woods development first. Mr. Hallowell said he has no problem with the proposed Savin Woods subdivision, but he does have a problem with Savin Bros. and noted that this Commission has not re- ceived any cooperation from them regarding the industrial development. He said if this subdivision is approved the Commission should require a substantial amount of bonds to ensure its proper completion. Mrs. Evans and Mrs. Montana agreed, and Mrs. Evans noted that Lot #30 has a substantial portion of it in the detention area, and questioned how it could be redesigned. Mr. Hallowell said he didn' t think more than 12 lots should be approved, and suggested that #26 , 25, 24 and 23 not be approved. Mr. Norman said he can' t see the difference between approving the 16 lots or 12 lots, and the applicant would have to come back for 4 more lots in Phase I, plus the lots in Phase II. Mrs. Montana questioned whether it was economically feasible to make them build the cul-de-sac twice. Mrs. Evans said the Commission Planning & Zoning Commission -2- 5/17/83 should either remove all the lots on the cul-de-sac or leave it alone. She also noted that there is a Meadow Road in the surrounding area and the proposed "Meadowbrook" could cause confusion. It was also noted there is a Savin Road in Town, and"Savin Wood" could cause confusion. Mr. Hallowell said that the Commission should review the amounts of the bonds that will be required, and that it should not accept Letters of Credit or anything other than surety bonds issued by insurance companies, so they can be held indefinitely. Mr. Hallowell then moved approval of App. #903, The Balf Company, for an open space subdivision in an RR zone, located between Nevers and Abbe Roads, as shown on plans prepared by Lucek Engineering Assoc. , Inc. , dated February 6 , 1983, entitled Project 83-1, subject to the following modifications: 1. This approval is for 15 lots numbered 1, 2, 3 , 4 , 5 , 6 , 21, 221 23, 24 , 25 , 26 , 27 , 28 and 29 , as shown onthe aforementioned plans. 2. An open space improvement plan, bearing an A-2 certification, portraying locations of merestones, provisions for identifying open space access points and boundaries, and landscaping improvements including land restoration where necessary, must be submitted to this Commission for its approval. Said plan shall be prepared after a review of -the Environmental Review Team report concerning open space areas. 3. A deed for the open space must be submitted to this Commission prior to filing the final plans. Said deed will be held in escrow until acceptance of the land by the Town Council, and must be approved by the Town Engineering Department and Town Attorney. 4 . Deeds for the roadways shall be submitted to this Commission and are subject to approval by the Town Engineering Department and Town Attorney. Said deeds will be held in escrow by this Commission until the roads are accepted by the Town Council. 5. Easements for sanitary sewers and drainage shall be submitted to this Commission and are subject to approval by the Town Engineering Department and Town Attorney. Sanitary sewers must be accepted by the Water Pollution Control Authority prior to recording the easements. Planning & Zoning Commission -3- 5/17/83 6. Concrete sidewalks, built to Town specifications and in accordance with Section 2. 5h of the Subdivision Regulations , shall be installed on the east side of Nevers road for the full length of the property, and in front of all lots on Savin Wood Road and continuing on the north side of Meadowbrook Road, subject to the approval of the Town Engineer. The location of the sidewalk along Nevers Road must be shown on the plans and is subject to the Town Engineer' s approval. 7. The road names "Meadowbrook" and "Savin Wood" must be changed since there are other similarly named roads in Town. All street names and location of fire hydrants are subject to approval of the Fire Marshal, and location of hydrants must be shown on the plans. 8. Street name signs and supporting posts shall be installed by the developer in conformance with standards ofthe Town of South Windsor at no expense to the Town. 9 . All lots shall be connected to the Town of South Windsor sanitary sewer system and are subject to approval of the Water Pollution Control Authority. 10. Water shall be provided to this subdivision by the Connecticut Water Company. 11. The driveway for Lot #4 shall be to Meadowbrook Road. 12. The line for the 20 ' sewer right-of-way on Page 3 of the plans , above Lots #24 and #25 , shall be corrected to show a broken line rather than a solid line. 13. Lot #22 shall portray two front yards and two side yards. 14 . The lots shown on the key map for the entire subdivision shall be renumbered so that they are in numerical sequence. 15. The key map shall indicate "Wood Ponds" rather than"Woods Pond" . 16 . Phase I shall be clearly outlined on the plans. 17 . A conservation plan must be submitted and is subject to approval of the Conservation Commission. 18 . This approval is subject to conditions of approval of the Inland Wetlands Agency. 19 . Street lighting shall be installed at the intersections and cul-de-sac and shall be in accordance with the policy established by the Town Manager. Planning & Zoning Commission -4- 5/17/83 20. A drainage assessment fee inthe amount of $750 shall be submitted to this Commission prior to filing the final plans. 21. 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. 22. Surety bonds, in amounts to be determined, shall be submitted to this Commission prior to filing the final plans to ensure comple- tion of all subdivision improvements including roadways, sidewalks and sewers. In addition, a surety bond inthe amount of $20,000 shall be submitted to ensure that no damage will be caused to open space and detention areas from erosion or encroachment and to ensure conformance with the open space improvement plan to be approved by the Commission. A surety bond in the amount of $75, 000 ($5 , 000 per lot) shall be submitted to ensure completion of grading on individual lots. 23. Drainage is subject to the approval ofthe Town Engineer. 24 . 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 shall be submitted prior to the issuance of a Certificate of occupancy. 25. No building permits will be issued until the final plans have been filed in the office of the Town Clerk. 26 . 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 and elevations. No building permits will be issued until the proposed contours and floor "elevations have been approved by the Town Engineer. 27 . Black and white transparent mylars for Sheets 1, 2 and 3 shall be submitted to this Commission prior to August 15th to be stamped and signed. The letter of approval of this Commission as well as the Inland Wetlands Agency must be reproduced on the mylar prior to filing same in the Town Clerk ' s Office. Mr. Norman seconded the motion and it was unanimously voted in favor and so ordered. App. #904 - Wood Ponds Mr. Conde said he sees no reason why this application can' t be approved as is, but said building permits should not be issued for the lots on Planning & Zoning Commission -5- 5/17/83 Meadowbrook until the open space deed for the land to be acquired from Savin comes in. It was noted that the plans won' t even be filed until the deed has been received and approved by the Town Attorney and Engineering Department. Mr. Hallowell said the open space area to be acquired from Savin should be shown on these plans prior to filing. A discussion ensued regarding requesting a report from ERT concerning the open space, and Mr. Hallowell made a motion that a report be requested from the Environmental Review Team concerning the open space areas in both Savin Woods and Wood Ponds. Mr. Sorenson seconded the motion and it was unanimously voted in favor and so ordered. It was agreed that the applicant would be permitted to file the final plans prior to receipt of the report since it may take as long as several months. The Commissioners reviewed the plans at length and Mr. Conde then made a motion to approve Phase III of Wood Ponds, consisting of 20 lots in an Open Space subdivision in an RR zone, as shown on plans prepared by Lucek Engineering Assoc. , Inc. , dated January 30 , 1983 , Proj . No. 82-74 , subject to the following modifications : 1. This approval is for Lots *33 through and including #52 as shown on the aforementioned plans. 2. Easements for the cul-de-sac at the end of Meadowbrook, and for drainage and sewers, as shown on the plans , shall be submitted to this office and are subject to approval by the Town Engineering Department and Town Attorney, prior to the filing of the final plans. 3. The deed for the open space of 7. 96 acres must be submitted to this office and must be approved by the Town Engineering Department and Town Attorney, and will be held in escrow until acceptance of the land by the Town Council. 4. Deeds for the roadways shall be submitted to this office and are subject to approval of the Town Engineering Department and Town Attorney. Said deeds will be held in escrow by this Commission until the roads are accepted by the Town Council. I 5. An open space improvement plan showing all open space including the 7 . 96 acres to be acquired from the Balf Company, bearing an I ' A-2 certification, portraying locations of merestones, provisions for identifying open space access points and boundaries, ', and landscaping improvements including land restoration where necessary, must be submitted to this Commission for its approval. Said plan shall be prepared after a review of the Environmental Review Team report concerning the open space areas . 6. A conservation plan must be submitted and is subject to approval by the Conservation Commission. Planning & Zoning Commission -6- 5/17/83 7 . Concrete sidewalks, built to Town specifications and in accordance with Section 2. 5 .h of the Subdivision Regulations, must be installed on the east side of Nevers Road beginning at Wood Pond Road and extending approximately 360 feet to the north, on the east side of Meadowbrook Road, and on both sides of Wood Pond Road. The location of the sidewalk along Nevers Road must be shown on the plans and is subject to the approval of the Town Engineer. 8. Street names and location of fire hydrants are subject to approval of the Fire Marshal of the Town of South Windsor. The location ` of hydrants must be indicated on the plans. Street name signs and supporting posts shall be installed by the d veloper in conformance with the standards of the Town of South Windsor and at no expense to the Town. 9. All lots shall be connected to the Town of South Windsor sanitary sewer system and are subject to approval of the Water Pollution Control Authority. 10. Water shall be supplied to this subdivision by the Connecticut Water Company. 11. The plans shall be modified as follows: a. The cul-de-sac at the end of Meadowbrook Road shall be shown on the plot plan; b. Markers and monuments to be set in accordance with Section 3. 2. a (2)h of the Subdivision Regulations must be shown; C. The line between Lots 424 and 425 on the key map should be corrected to properly shown the line between these lots; d. The word "Abby" shall be corrected to read "Abbe" wherever it appears; e. The line between the open space and open space access strip near Lot fl should be deleted; f. The limits of Phase III must be clarified on the topographic map and plot plan so that it is consistent with the key map. g. All open space, including the parcel to be acquired from Balf Company, must be shown on the plot plans. 12. A drainage assessment fee in the amount of $1, 000 shall be submitted to this Commission prior to filing the final plans. 13. Street lighting shall be installed at the intersections and cul-de-sac and shall be in accordance with the policy establish d by the Town Manager. 14. Drainage is subject to approval of the Town Engineer. Planning & Zoning Commission -7- 5/17183 15. If, for any reason, finished grading and other site work is not completed, fae Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond shall be submitted prior to the issuance of a Certificate of Occupancy. 16. 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 . 17 . Surety bonds, or other acceptable surety, in the following amounts must be submitted to this Commission prior to filing the final plans: a. $5, 000 to ensure completion of drainage inthe area of the easement on the Balf property; b. $20, 000 to ensure that no damage will occur in open space areas from erosion or encroachment; C. $70 , 000 to ensure completion of roadways , sidewalks , sewers, and all other subdivision improvements; d. $5 , 000 to ensure completion of grading on individual lots. 18. No building permits will be issued until the final plans have been filed inthe office of the Town Clerk. 19 . This approval is subject to the conditions of approval of the Inland Wetlands Agency . 20 . 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 and elevations. No building permits will be issued until the proposed contours and floor elevations have been approved by the Town Engineer. 21. Black and white transparent mylars for Sheets 1 and 2 , shall be submitted to this Commission prior to August 15th, to be stamped and signed. The letter of approval of this Commission as well as the Inland Wetland Agency must be reproduced on the mylar prior to filing same in the Town Clerk ' s office. Mrs . Evans seconded the motion and it was unanimously voted in favor and so ordered. 2. App. #907 - Windshire Abbe Estates, Ltd. , Phase II Mrs. Montana referred to a letter from the applicant' s attorney stating they would be willing to provide public water to this subdivision if required by the Commission. A lengthy discussion ensued regarding Planning & Zoning Commission -8- 5/17/83 acquiring open space land for the Town now rather than waiting until the last phases of this development. The Commissioners agreed that they didn' t want another situation like Wood Ponds to occur where in the final phases of a sub divison there wasn' t enough desirable open space land available. They further agreed that in view of the way this area is being developed with Phases I and II being conventional subdivisions in AA-30 zones, and Phase IV and V being open space subdivisions in RR zones, plus the fact that they don' t know how Phase III will look, determining open space areas is difficult. Mr. DeMallie suggested the Commission hold the deed for the area of Phase III in escrow, and Mr. Hallowell pointed out that that land is mortgaged and would be of no value to the Town. He suggested one lot from Phase II be held in escrow and the other Commissioners concurred and agreed Lot #29 should be held in escrow as open space. There was further discussion concerning modifications to the plans and Mrs. Evans moved approval of theabove application as shown on plans prepared by Fuss & O'Neill, dated February 7 , 1983, entitled Proj . No. 82-119A, consisting of 7 pages, subject to the following modifications: 1. This approval is for 14 lots, numbered 15 through and including 28, as shown on the aforesaid plans. 2. An open space deed to the Town of South Windsor for Lot #29 shall be delivered to this Commission prior to filing the final plans. Said deed is subject to approval of the Engineering Department and Town Attorney, and will be held in escrow by the Town Attorney. The plans shall be modified to indicate the area of Lot #29 is open space. 3. Prior to submission of plans for the next phase, a plan must be submitted in accordance with Section 2 . 3. a of the Subdivision Regulations showing open space. 4 . The triangular parcel of land designated "Parcel C" shall be shown on the key map, and the plans must clearly indicate that this is not an approved building lot. 5. All plans including the topographic map shall bear an A-2 certi- fication in accordance withthe Zoning Regulations . 6. Sheet #2 of the plans shall be corrected to show "Abbe Road Extension" near Berle Road. 7 . The key map shall be modified to show the cul-de-sacs at the end of Windshire Drive and Bramblebrae. 8. Lot #22 on Sheet #3 shall be modified to indicate two front yards and two side yards in accordance with the Regulations . Planning & Zoning Commission -9- 5/17/83 9 . Water shall be provided to these lots by the Connecticut Water Company. 10 . A fire hydrant must be located near Phase I , subject to approval of the Fire Marshal. The location of any other hydrants is subject to approval of the Fire Marshal. The names of streets are subject to approval of the Fire Marshal. 11. Street name signs 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 and shall be installed prior to the issuance of the first certificate of occupancy. 12. Street lighting shall be installed at the intersections and the cul-de-sac, and shall be in accordance with the policy established by the Town Manager. 13. Concrete sidewalks, built to Town specifications and in accordance with Section 2. 5. h of the Subdivision Regulations, shall be installed on both sides of Windshire Drive and Bramblebrae. 14. All approved lots in this subdivision shall be connected to the Town of South Windsor sanitary sewer system, subject to approval of the Water Pollution Control Authority and State Department of Environmental Protection. 15. Drainage for this subdivision is subject to approval by the Town Engineer. 16 . 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 shall be submitted prior to the issuance of a Certificate of Occupancy. 17 . Deeds for the roadways, and sewer easements, must be delivered to this Commission and approved by the Town Attorney and Town Engineering Department, prior to filing the final plans. Sanitary sewers must be accepted by the Water Pollution Control Authority prior to recording the easements . The deed for the roadways will be held in escrow by this Commission until such time as the Town Council votes to accept the roads. 18. A drainage assessment fee in the amount of $700 shall be submitted to this Commission prior to filing the final plans . 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. 20. A surety bond, or other acceptable surety, shall be submitted to this Commission in the amounts of $5 , 000 to ensure grading on individual lots, and $150, 000 to ensure completion of all other subdivision improvements including roadways, sidewalks and sewers. 21. No building permits will be issued until the final plans have been filed in the Town Clerk' s office. 22. 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 and elevations. No building permits will be issued until the proposed contours and floor elevations have been approved by the Town Engineer. 23. Black and white transparent mylars for Sheets 2 and 3 shall be submitted to this Commission prior to August 15th, to be stamped and signed. The letter of approval of this Commission as well as the Inland Wetlands Agency must be reproduced on the mylar prior to filing same in the Town Clerk' s Office. 24 . This approval is subject to the conditions of approval of the Inland Wetlands Agency. Mr. Norman seconded the motion and it was unanimously voted in favor and so ordered. 3. Phase I - Windshire Abbe Estates Mr. Sorenson moved the Commission accept the renewal of the letter of credit in the amount of $45 ,000 issued by South Windsor Bank & Trust Company, expiring July 13, 1984 , for Windshire Abbe Estates, Phase I. Mr. Norman seconded the motion and it was unanimously voted in favor and so ordered. 4 . App. #883 - Charbonneau/Rossi Subdivision, Main Street Mr. Hallowell made a motion that the above applicant be granted a 90 day extension of time in which to file the final plans in the above Matter. The extension is from June 13, 1983 to September 11, 1983. Mr. Conde seconded the motion and it was unanimously voted in favor and so ordered. In view of the fact that it was almost 10 : 30 P. M. , Mrs. Evans made a motion that the meeting extend beyond 10: 30 P. M. Mr. Conde seconded the motion and it was unanimously voted in favor and so ordered. 5. App. #913 - Windshire Abbe Estates, Ltd. , Phases IV and V A lengthy discussion ensued regarding the right-of-way to land of Mr. Ireland and Parcels designated as C and D on the plans which were to be conveyed to Mr. Ireland. Mrs. Montana noted that the Commission already denied Ireland access to Ellington Road and cannot lock his land without access to a road. Access to the Town' s open space is also necessary. It was finally agreed that Parcels C and D Planning & Zoning Commission -11- 5/17/83 should be combined into one parcel with a 50 ' easement to the Town. After further discussion and review of the plans Mrs. Evans made a motion to approve the application for a resubdivision as shown on plans prepared by Fuss & O' Neill, dated March 8, 1983, entitled Proj . No. 82-283A, 83-4A, consisting of 15 pages, subject to the following modifications: 1. This approval is for 13 lots in Phase IV numbered #39 through and including #51, and for 19 lots in Phase V numbered #52 through and including #70. 2. Parcel C and D in Phase V, together with the 50 ' strip of land between C and D and Lots #63 and #64 , shall be combined into one parcel which shall be designated "Parcel D - not an approved building lot. " A 50 ' easement shall be given to the Town of South Windsor for the area that was formerly designated a 50 ' right-of-way to the property now or formerly of Philip Ireland. 3. Deeds for the area designated as open space shall be submitted to this Commission prior to filing the final plans and must be approved by the Engineering Department and Town Attorney. Said deeds will be held in escrow by the Town Attorney until completion of the subdivision and acceptance of the land by the Town Council. 4. Deeds for the roadways , and sewer and drainage easements , must be delivered to this Commission and be approved by the Town Engineer- ing Department and Town Attorney prior to filing the final plans. The deeds for roadways will be held in escrow by this Commission until the Town Council votes to accept the roads. Easements for sanitary sewers will be recorded after acceptance by the Water Pollution Control Authority. All areas of drainage easements must be shown on the plans before filing same. 5. An open space improvement plan, certified A-2, portraying locations of merestones, provision for identifying open space access points and boundaries, and landscaping improvements including land restoration where necessary, must be submitted to this Commission for its approval. 6 . The calculations for open space shall be modified, and are subject to approval of the Planning Director. 7 . An A-2 certification shall be added to the topographic map. 8. Sheet #4 of the plans shall be corrected to show that Lot #40 is actually Lot #39 . Planning & Zoning Commission -12- 5/17/83 9 . Water shall be provided to all lots by the Connecticut Water Company. 10. Street lighting shall be installed at the intersections and cul-de-sacs, and shall be in accordance with the policy established by the Town Manager. 11. Concrete sidewalks, built to Town specifications and in accordance with Section 2. 5.h of the Subdivision Regulations, shall be installed on both sides of Bourbon Street and Larkspur Lane. 12. Street names and location of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. 13. Street name signs 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 and shall be installed prior to the issuance of the first certificate of occupancy. 14 . All approved lots in this subdivision shall be connected to the Town of South Windsor sanitary sewer system, subject to approval of the Water Pollution Control Authority and State Department of Environmental Protection. 15. Drainage for this subdivision is subject to approval of the Town Engineer. 16. 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 shall be submitted prior to the issuance of a certificate of occupancy. 17. A drainage assessment fee in the amount of $1, 600 shall be submitted to this Commission prior to filing the final plans . 18. This approval is subject to the conditions of approval of the Inland Wetlands Agency. 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. 20. Surety bonds, or other acceptable surety, in the following amounts, must be submitted to this Commission prior to filing the final plans: a. $20, 000 to ensure that no damage will occur in open space due to erosion or encroachment; b. $5, 000 to ensure completion of grading on individual lots; C. $200, 000 to ensure completion of all subdivision improvements including roadways, sidewalks, sewers. Planning & Zoning Commission -13- 5/17/83 21. No building permits will be issued until the final plans have been filed in the Town Clerk ' s Office. 22. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" =401 , shall be submitted for each lot in the subdivision, showing proposed contours and elevations. No building permits will be issued until the proposed contours and floor elevations have been approved by the Town Engineer. 23. Black and white transparent mylars of Sheets 2, 3 , 4 , 5 and 6 shall be submitted to this Commission to be stamped and signed, and filed inthe Town Clerk' s Office prior to August 15th. The letter of approval of this Commission, as well as the Inland Wetlands Agency, must be reproduced on the mylars prior to filing same. Mr. Conde seconded the motion and it was unanimously voted in favor and so ordered. 6. AA2p. #917 - J. E. Shepard, Resubdivision, N/W side of Bidwell Road Mr. DeMallie said he would suggest the Commission required a conceptual plan for development of this entire site prior to any future applications. The Commissioners agreed it would be a good idea. Mrs. Evans moved approval of the above application for a resubdivision as shown on a plan prepared by Gardner & Peterson Associates, dated April 14 , 1983, entitled Map No. 6178 . Mr. Sorenson seconded the motion and it was unanimously voted in favor and so ordered. 7 . App. #918 - Raymond Vincunas and Edward O'Leary Co. , Site Plan of Development for Chemlawn, N S Bidwell Road, and Special Exception to Sec. 4 . 7 . 2. 8 a and e Mrs . Montana noted that the Commission has letters from both the Town Sanitarian and Dept. of Environmental Protection stating there is no danger from storage of fertilizers on this site. Mr. Hallowell suggested the Commission require a bond to ensure conformance with DEP' s requirements, and the other Commissioners agreed it would be a good idea. Mrs. Evans made a motion to approve this application for a special exception to Article 4 . 7. 2. 8 a and e, and a site plan of development, for Chemlawn Corp. for property located on the northwest side of Bidwell Road, in an I zone, as shown on plans prepared by Edward J. O'Leary Company, Inc. , dated April 12, 1983 , revised to May 9 , 1983. Prior to filing the final plan a surety bond in the amount of $10 , 000 shall be submitted to this Commission to ensure conformance with '.the requirements of the Department of Environmental Protection of the State of Connecticut. The bond will be held until such time a letter is received from DEP stating that their requirements have been met. Planning & Zoning Commission -14- 5/17/83 A 24" x 36" black and white transparent mylar of the plot plan, with the letter of approval of this Commission reproduced thereon, must be submitted to this Commission to be stamped and signed, prior to August 15, 1983 . The plan shall be stamped in accordance withthe "Rules and Regulations of the State Board of Registration for Professional Engineers and Land Surveyors. " The technical portions shall be certified by either a Land Surveyor or Professional Engineer licensed to practice in Connecticut. No building permits will be issued until the mylar has been stamped and signed and filed in the Office of the Town Clerk. Mr.Norman seconded the motion and it was unanimously voted in favor and so ordered. There being no further business Mr. Hallowell moved the meeting be adjourned at 10 : 50 P. M. Mr. Sorenson seconded the motion and it was unanimously voted in favor and so ordered. ctfully submi ted,,. Virgin}a S. Grodney, Recordin6 Secretar APPROVED: AI 4�wM SEA(® G V 0 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR•co ~ AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, MAY 21, 1983 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the May 17 , 1983 meeting, the Planning and Zoning Commission voted to take the following action: 1. Approve, with modifications , Phase I of an open space subdivision in an RR zone consisting of 15 lots, for The Balf Company, located on property between Nevers Road and Abbe Road, north of Wood Ponds, and south of South Ridge Estates. 2 . Approve , with modifications, the application of 50 Acres , Ltd. for Phase III of Wood Ponds, consisting of 20 lots in an open space subdivision in an RR zone, located between Nevers Road and Abbe Road. 3. Approve, with modifications , the application of Windshire Abbe Estates, Ltd. for a resubdivision of 14 lots on the east side of Abbe Road Extension, north of Windshire Drive, known as Phase II of Windshire Abbe Estates , AA-30 zone. 4 . Approve, with modifications , the application of Windshire Abbe Estates , Ltd. for an open space subdivision in an RR zone, consisting of 13 lots in Phase IV and 19 lots in Phase V, located north and south of Bourbon Street, west of Foster Street. 5. Approve the application of J. E. Shepard Company for a resubdivision on the northwest side of Bidwell Road, in an I zone. 6. Approve, with modifications , the application of Edward J. O'Leary and Raymond Vincunas, Partnership, for a special exception to Article 4 . 7 . 2. 8 a and e, and a site plan of development for property located on the northwest side of Bidwell Road, I zone. Dated at South Windsor, Connecticut this 18th day of May, 1983 . PLANNING & ZONING COMMISSION Marshall Montana, Chairperson Raymond F. Hallowell, Jr. , Secretary t Ow% bit . -awn o_/e soutA ?A�z� C � e . u .a • c~ 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN.-06074 40SUR-C AREA CODE 203/644-2511 May 23, 1983 Harold Cummings, Esq. 1665 Ellington Road South Windsor, Ct. 06074 Dear Hal: Re: App. #907 - Windshire Abbe Estates, Ltd. Phase II Please be advised that the Planning and Zoning Commission voted to approve the above application for a resubdivision as shown on plans prepared by Fuss & O'Neill, dated February 7 , 1983, entitled Proj . No. 82-119A, consisting of 7 pages, subject to the following modifications: 1. This approval is for 14 lots, numbered 15 through and including 28 , as shown on the aforesaid plans. 2. An open space deed to the Town of South Windsor for Lot 129 shall be delivered to this Commission prior to filing the final plans. Said deed is subject to approval of the Engineering Department and Town Attorney, and will be held in escrow by the Town Attorney. The plans shall be modified to indicate the area of Lot #29 is open space. 3. Prior to submission of plans for the next phase, a plan must be submitted in accordance with Section 2. 3 . a of the Subdivision Regulations showing open space. 4. The triangular parcel of land designated "Parcel C" shall be shown on the key map, and the plans must clearly indicate that this is not an approved building lot. 5. All plans including the topographic map shall bear an A-2 certi- fication in accordance withthe Zoning Regulations. 6. Sheet #2 of the plans shall be corrected to show "Abbe Road Extension" near Berle Road. 7 . The key map shall be modified to show the cul-de-sacs at the end of Windshire Drive and Bramblebrae. 8. Lot #22 on Sheet #3 shall be modified to indicate two front yards and two side yards in accordance with the Regulations. r Harold Cummings, Esq. -2- 5/23/83 9 . Water shall be provided to these lots by the Connecticut Water Company. 10. A fire hydrant must be located near Phase I, subject to approval of the Fire Marshal. The location of any other hydrants is subject to approval of the Fire Marshal. The names of streets are subject to approval of the Fire Marshal. 11. Street name signs 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 and shall be installed prior to the issuance of the first certificate of occupancy. 12. Street lighting shall be installed at the intersections and the cul-de-sac, and shall be in accordance with the policy established by the Town Manager. 13. Concrete sidewalks , built to Town specifications and in accordance with Section 2. 5. h of the Subdivision Regulations, shall be installed on both sides of Windshire Drive and Bramblebrae. 14 . All approved lots in this subdivision shall be connected to the Town of South Windsor sanitary sewer system, subject to approval of the Water Pollution Control Authority and State Department of Environmental Protection. 15. Drainage for this subdivision is subject to approval by the Town Engineer. 16 . 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 shall be submitted prior to the issuance of a Certificate of Occupancy. 17. Deeds for the roadways, and sewer easements, must be delivered to this Commission and approved by the Town Attorney and Town Engineering Department, prior to filing the final plans. Sanitary sewers must be accepted by the Water Pollution Control Authority prior to recording the easements. The deed for the roadways will be held in escrow by this Commission until such time as the Town Council votes to accept the roads. 18. A drainage assessment fee in the amount of $700 shall be submitted to this Commission prior to filing the final plans. 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. Harold Cummings, Esq. -3- 5/23/83 20 . A surety bond, or other acceptable surety, shall be submitted to this Commission in the amounts of $5 , 000 to ensure grading on individual lots, and $150, 000 to ensure completion of all other subdivision improvements including roadways, sidewalks and sewers. 21. No building permits will be issued until the final plans have been filed in the Town Clerk ' s office. 22. 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 and elevations. No building permits will be issued until the proposed contours and floor elevations have been approved by the Town Engineer. 23. Black and white transparent mylars for Sheets 2 and 3 shall be submitted to this Commission prior to August 15th, to be stamped and signed. The letter of approval of this Commission as well as the Inland Wetlands Agency must be reproduced on the mylar prior to filing same in the Town Clerk' s Office. 24. This approval is subject to the conditions of approval of the Inland Wetlands Agency. Yours very truly, PLANNING & ZONING COMMISSION vg By: enc. Ma shall Montana, Chairpe so CC: R. Sartor, Town Manager J. Page, Town Engineer B. McNamara, Assessor W. Lanning, Fire Marshal T. D'Auria, Building Official Inland Wetlands Agency Water Pollution Control Authority Fuss & O'Neill P. DeMallie, Planning Director Wayne Gerlt, Esq. , Town Attorney t°wH sf�t y ' ~ wn o-P S-outi ?d&uy,61� O � 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 Soe•co AREA CODE 203/644-2511 July 15, 1983 Harold R. Cummings, Esq. 1665 Ellington Road South Windsor, Ct. 06074 Dear Hal: Re: App. #907 - Windshire Abbe Estates, Ltd. Phase II The Planning and Zoning Commission voted on July 12th to amend its May 17 , 1983 approval in the above matter as follows: Paragraph 1 is amended to read as follows: "1. This approval is for 15 lots, numbered 15 through and including 29 , as shown on the aforesaid plans. " Paragraph 2 is deleted as written, and shall now read as follows: 112. An open space deed for 1. 8 acres located north of Lot #29 , with a 50' right-of-way on the westerly boundary, shall be held in escrow for a period of two (2) years from the date the final plans are filed. Said deed is subject to approval by the Engineering Department and Town Attorney. The plans shall be modified to portray this parcel. " Paragraph 18 is amended to read as follows : "18. A drainage assessment fee in the amount of $750 shall be submitted to this Commission prior to filing the final plans. " All other terms and conditions of the approval letter dated May 23, 1983 shall remain in full force and effect. This letter must be reproduced on the mylars prior to filing same. Yours very truly, PLANNING AND ZONING COMMISSION vg BY: Mars all Montana, Chairperson CC: T. D'Auria, Building Official C. Danna, Asst. Assessor P. DeMallie, Planning Director LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P.C. 968 FARMINGTON AVENUE WEST HARTFORD, CONN. 06107 (203) 236-2973 SOUTH WINDSOR OFFICE' EDWARD R. KUEHN 1665 ELLINGTON RD. DANIEL P.CAVANAUGH SOUTH WINDSOR,CONN.06074 HAROLD R.CUMMINGS FRAZIER G.SCOTT (203) 644-9441 HARRY D.WELLER LORRAINE PAULHUS W. Hartford PLEASE REPLY TO' May 24 , 1983 Mrs. Marshall Montana, Chairperson Town of South Windsor Planning and Zoning Commission South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Dear Marshall : Re : App. #907 - Windshire Abbe Estates, Ltd. Phase II Thank you for your letter of May 23 , 1983, with regards to the approval of the above application. At this time, we are writing to request that we be placed on the agenda for a future meeting of the Planning and Zoning Commission with regards to stipulations No. 1 and 2 in the above approval letter. The elimination of Lot 29 as a building lot and the requirement that it be labeled as open space, does create some degree of difficulty for us considering the total cost of the improvements that need to be made in the area. With that in mind, we have prepared a restructuring of Lots 28 and 29 for review by the Commission which would, leave hopefully, adequate open space acceptable to the Commission. With that in mind, I would appreciate your placing us on the next agenda convenient to you, in order that we might review our proposed restructuring of those two lots. Si rely o d R. C Oings HRC:lsb cc : R. Kelley D. Pa W. O'Neill 10r1N SEA o � e . � Taw, - ale SOUL11 ?A�2� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•co' AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, ' JULY 16, 1983 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the July 12, 1983 meeting, the Planning and Zoning Commission voted to take the following action: 1. Approve, with modifications , the application of T & M Building Company, for an open space resubdivision known as Phase II of Country View Estates, consisting of 21 lots west of Avery Street and south of Dart Hill Road, in A-30 and AA-30 zones. 2. Modify the approval of May 17, 1983, granted to Windshire Abbe Estates, Ltd. , for a resubdivision of 14 lots on the east side of Abbe Road Extension, north of Windshire Drive, AA-30 zone. Dated at South Windsor, Connecticut this 13th day of July, 1983. PLANNING AND ZONING COMMISSION Marshall Montana, Chairperson Raymond F. Hallowell, Jr. , Secretary LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P.C. 968 FARMINGTON AVENUE WEST HARTFORD, CONN. 06107 (203) 236-2973 SOUTH WINDSOR OFFICE. EDWARD R. KUEHN 1665 ELLINGTON RD. DANIEL P.CAVANAUGH SOUTH WINDSOR,CONN. 06074 HAROLD R.CUMMINGS FRAZIER G.SCOTT (203) 644-9441 HARRY D.WELLER LORRAINE PAULHUS T•77� +/� August 11, 1983 PLEASE REPLY TO'SO= YY114fWR Marshall Montana Chairperson South Windsor Planning & Zoning Commission Ton Hall/Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 In re: Application No. 907 - Windshire Abbey Estates, Ltd. Phase II Dear Marshall: Per the stipulations of approval with regards to the above Subdivision, enclosed please find a Warranty Deed to the Town of South Windsor of the roadways known as Windshire Drive and Bramblebrae. In addition, enclosed also please find a drainage easement to the Town of South Windsor of the three (3) drainage easement areas. Finally, enclosed please find a Warranty Deed fran Windshire Abbey to the Town of the Open Space Land "escrow area". With regards to the Warranty Deed for the 1.8 acre, more or less, escrow area, it is our understanding that this Deed is to be held in escrow by the Town for a period of two (2) years. Within this two-year period, the corporation, Windshire, intends to file with the Town, an application for a Subdivision in the area shown as Phase III on the various maps previously filed with the Commission. Our understanding is that, we will be submitting a plan for a Subdivision of that area which will include an appropriate open space area. The open space area that will be shown on the future Subdivision request may or may not include all or a portion of the area presently being deeded to the 'Town in escrow. In the event that Windshire does not submit a plan acceptable to the Town, within the two-year period, of the future Subdivision of the Phase III area, then, at the end of the two-year period (unless any further extensions are granted by the Commission at its discretion) , then, in that event, the Town has the right to file this Deed on the land records and, thereby, closing out the escrow and taking title, in the Town, to the land. Pending the expiration of the two-year period, or approval of a Subdivision of Phase III, whichever occurs first, this Deed will be held in the offices of the Planning Commission and not KUEHN, CAVANAUGH AND CUMMINGS Marshall Montana, Chairperson Planning & Zoning Camtission Town of South Windsor in re: Application No. 907 - Windshire Abbey Estates, Ltd. Phase II Page 2 recorded on the Land Records. I believe the above constitutes our understanding of the stipulation with regards to this area, as established by the Planning & Zoning Cotm.ission. If this summary, in any way, conflicts with the Commission's understand- ing of the escrow arrangement, please advise. Since ' y y s, old R. gs HRC:jmr Enclosures LAW OFFICES �ga3 KUEHN, CAVANAUGH AND CUMMINGS, P.C. 966 FARMINGTON AVENUE SQ w�NpSOR WEST HARTFORD, CONN. 06107 a (203) 236-2913 SOUTH WINDSOR OFFICE: EDWARD R. KUEHN 1665 ELLINGTON RD. DANIEL P.CAVANAUGH SOUTH WIN DSOR,CONN.06074 HAROLD R.CUMMINGS _ FRAZIER G.SCOTT (203) 644-9441 HARRY DWELLER • LORRAINE PAULHUS September 1, 1983 PLEASE REPLY TO: SO= WINDSO Mr. Peter Dema_l.lie Director Of Planning Town of South Windsor South Windsor T FAm Hall 1540 Sullivan Avenue South Windsor, CI' 06074 In re: Windshire Abbey Estates, Ltd. - Phases II, IV and V Dear Peter: Per our discussion the other day, this letter is to confirm, on behalf of Windshire Abbey Estates, Ltd. , that any site work, or other construction improvements, presently being undertaken in the Windshire areas II, IV and V, are being drone, strictly, at the developer's risk, understanding that not all documentation required by the Planning & Zoning Commission's letters of approval have been filed with the Town. With the authority of Windshire Abbey Estates, Ltd. , I also represent to you, on behalf of the Town, that Windshire will hold the Town harmless from any claim loss or lia- bility arising by reason of such construction activities on the Windshire property. I believe, there is already on file in the Town, insurance certificates specifically covering Windshire Abbey, and naming the Town as an insured on the policies. Please check your files and advise me imrediately if those insurance certificates are not in your files. Since ]/ yo f � 9 d; V. Qmmrmdings HRc:jmr f � Sept ember 22, 1953 SOUTH S•rIIMSOR Airs. Virginia ni a Grainy, Secretary Planning & Zoning CmTdssion Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 In re: Windshire Ahbey Estates, Ltd. - Phases IV and V Dear Gsnny: Enclosed please find the original Warrantee Deed of the five (5) parcels of Sand to the Town of South Windsor, required under the Oonditions of Approval for Phases 1V and V of Windshire. I an returning this to you, with the cis and corrections requested by Bo Davies. Sincerely Yours, Harold R. Ojmdngs M C:jmr Enclosures cc: Bo Davis Buck Page Richard Kelley Date: 9/23/83 MEMORANDUM TO: Town Treasurer FROM: Planning and Zoning Commission RE: Drainage Assessment Fees Enclosed is a check in the amount of $ 750 . which is the drainage assessment fee collected for Application No. 907 , WINDSHIRE ABBE PHASE II Please deposit it in the proper account. Thank you. vg enc 9Y ENDORSEMENT THIS C-C"WHEN F�ID IS•CCE-EO IN FULL PAYMENT OF THE FOLLOWING ACCOUNT 1262 DATE AMOUNT WINDSffiRE ABBEY ESTATES. LTD. Windshi 'ems Abbey- Estat6s 1665 FLLINGTON ROAD Ltd. Phase II SOUTH WIri'DSOR. CONN. 06074 September 22, 1983 sill 0 -drainag4 assessment fie OTHE Town of South Windsor 750.00 PITAY ORDEROF I � I I Seven Hundred FiftY and 00/100---------------------------- O LLAR S TOTAL OF INVOICES M A6,gIF7�FFICE LESS %DISCOUNT T H E CO Ind- F�IJanL LESS ° A N p T T�0.0/M F A N Y TOTAL DEDUCTIONS I SCVTX ZNQjS R',CC)HN. I AMOUNT OF CHECK r. 11000126211' ° ':0L11037S01: 196 7 J LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P.C. 968 FARMINGTON AVENUE WEST HARTFORD, CONN. 06107 (203) 236-2973 SOUTH WINDSOR OFFICE EDWARD R. KUEHN 1665 ELLINGTON RD. DANIEL P.CAVANAUGH SOUTH WINDSOR,CONN. 06074 HAROLD R.CUMMINGS - FRAZIER G.SCOTT (203) 644-9441 HARRY DWELLER LORRAINE PAULHUS September 21, 1983 SOUTH WINDSOR PLEASE REPLY TO' Marshall Montana, Chairperson Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Attention: Virginia Grainey Secretary In re: Application #907 - Windshire Abbey Estates, Ltd. Phase II Dear Marshall: Enclosed please find a check in the amount of Seven Hundred Fifty ($750. 00) Dollars, representing the drainage assessment fee due per the Commission's letter, dated July 15, 1983. Sinc ely y u s, ld R. ngs HRC:jmr Enclosure LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P.C. 968 FARMINGTON AVENUE WEST HARTFORD, CONN. 06107 (203) 236-2973 SOUTH WINDSOR OFFICE EDWARD R. KUEHN 1665 ELLINGTON RD. DANIEL P.CAVANAUGH SOUTH WINDSOR,CONN.06074 HAROLD R.CUMMINGS FRAZIER G.SCOTT (203) 644-9441 HARRY D.WELLER LORRAINE PAULHUS �+ ��71�7 �.7-��77-��+/� September 26, 1983 PLEASE REPLY TO' SOV ill YYJ..L DSOR Mrs. Virginia Grainey, Secretary Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Ginny: Per your request, enclosed please find the following: ✓ 1. New Schedule A for Parcel 3 on Deed for Phases IV and V, Windshire; t"""/2. corrected description on escrow deed for Open Space land, Phase II; and 3. revised drainage easement. I believe this completes all documentation for Deeds on hases IV and V. Sincer ours, H R. Cummings HRC:jmr Enclosures i T-awn- Ole sio� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 osoR Co�� AREA CODE 203/644-2511 September 27 , 1983 MEMORANDUM TO: Wayne C . Gerlt , Esq . , Town Attorney FROM: Planning & Zoning Commission RE: Windshire Abbe , Phase II Enclosed are copies of the following documents which have been approved by the Engineering Department . Would you please advise us if they are in proper legal form? 1 . Drainage Easement 2 . Deed for Windshire Drive and Bramblebrae; and 3 . Deed for 1 . 8 acres of open space vg enc . I '1 I t 10wM sEq( o 1,012 c��� � 011 to C 1 w� 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 soe•co AREA CODE 203/644-2511 April 23 , 1986 CERTIFIED MAIL Harold R. Cummings Attorney At Law 1665 Ellington Road South Windsor, Ct 06074 RE: Windshire Abbe Estate , Ltd/Richard S . Kelley Application #320 Dear Attorney Cummings : At the April 14 , 1986 meeting, the South Windsor Inland Wetlands Agency/Conservation Commission approved a one-year extension for Application #320 - Windshire Abbe Estates , Ltd - Phase II. The extension becomes effective April 18 , 1986 with an expiration date of April 18 , 1987 . Very truly yours , L ohn M. Moran,—Jr. , Ch malf Inland Wetlands Agen Conservation Commi on Town of South Windsor JMM:dlb CC: A. B. Davies , Deputy Town Engineer / Robert Gilligan, Chairman, Planning & Zoning Commission✓ Thomas D 'Auria, Building Official Peter DeMallie, Director of Planning K. Brill, Chairman, Economic Development Commission Richard S. Kelley John Shemo, Economic Development Coordinator �40MM 8f,4 co ? r Towt . �SptdA `� c � 5 m 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 yoSOR,CO AREA CODE 203/644-2511 August 10 , 1987 Attorney Harold Cummings CERTIFIED MAIL 1665 Ellington Road South Windsor , Ct 06074 Dear Attorney Cummings : Re: Application #500 - Windshire Abbey Estates , Phase II At the July 13 , 1987 meeting , the South Windsor Inland Wetlands Agency/Conservation Commission approved application #500, which is a renewal of permit granted under application #320, Phase II of the residential subdivision located on Windshire Drive and Bramble Brae . The permit becomes effective July 13 , 1987 with an expiration date of July 13 , 1988 . All original conditions granted under application #320 will apply to this permit . Very truly yours , A4)4,Av� Eliza h Warren , Vice-Chairman Inla Wetlands Agency/ Conservation Commission Town of South Windsor CC : A . B . Davies , Deputy Town Engineer Richard Martel , Town Engineer Marcia Banach , Director of Planning Michael Gantick , Director of Public Works Thomas D' Auria , Building Off ' ial Louise Evans , Chairman , PZC