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HomeMy WebLinkAboutProject Files (6) R PLANNING AND ZONING CO1*1ISSION PLANNING AND ZONING COlMSSION ACTION �"J THIS APPLICATION SHALT.. BE ACCEPEEI BY THE PLANNING AND ZONING APPLICATION 'COMMISSION AT THE REGULARLY RECEIVED DATE: 2 - SCHEDULED MEETING OF THE FOURTH APPROVAL DATE: TUESDAY OF THE MONTH. IT SHALL Bl REJECTED DATE: SUBMITTED TO THE PLANNING AND RECEIPT ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUESDAY. �I, t&!f=taf%tA tt APPLICANT: r 4,- ADDRESS: ,N %n-, L� . t � p a,TNER OF RECORD ON S.W. LAND RECORDSAMY, LrX ADDRESSh� COMPLETE DESCRIPTION OF LOCATION OF PROPERTY ` ed+ 'e &AQ - �, 'S 4C ZONE A , l n TAIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1. Zone Change to -- - - Zone (public hearing) 2. Filing for Subdivision 3. Filing for Resubdivision (Public Hearing) 4. Special Exception to Article of the Zoning Regulations (Public Hearn 5. Site Development Plan 6. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (Public Hearing) - 7. , Other (explain in detail) Q�r1 �-C�. J Q J �"1 CA-) i�— THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE 01MI R OF THE PROPERTY AND S- _ 7-T) ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE PLkN ZING .�.'. ° OHMISSION. ' SIGNED: OWNER v L� .01&(i— s SOUTH WINDSOR INLAND WET L4NDS AGENCY MINUTES Monday, October 31 ,1983 SPECIAL MEETING Page 8. The permit is based on the plan entitled "Building NO. 29 Topo- graphic and Conservation Plan, Property of Michael K. Tartsinis 855 Sullivan Avenue, South Windsor, Connecticut," drawn by Lucek Engineering Associates, Inc. , Sheet 3 of 3, dated 10/10/83. The following conditions must be adhered to for this permit to be valid: 1. The proposal is subject to t the approval of the Town Engineer. 2. The applicant shall in-demnify and hold harm- less the Town of South Windsor against any liability which might result from the proposed operation or use. 3. The permit is valid for one year and shall expire if not initiated and com- pleted within one year from the date of approval. The motion was seconded by Mr, bane , unanimously voted in favor by those present. NOTE: Dr. Krahula had not returned yet. C. ;;CI�L: Dr. ra'rlula returned at this time. -,`ll Uccello and Ireland Builders, Inc. (Application NO. 257) Mr. Ireland and Mr. Lucek were present. Mrs. Eriksson asked if anyone had had the chance to read the report received today from SCS. Mrs. ~Marren asked about a capped well of some kind, a pipe that-u stands up with a board over it. Mr. Ireland noted there is a drain coming down the side of the property where he indicated on the plan, noting it goes out into the area he pointed out which he thought was a 36 inch pipe or a 24 inch pipe from Ellington Road. Mr. Ireland did not know of anyother pipe in there. Mr. Lucek asked if it were standing and Mrs. Warren told him yes. Mir. Lucek thought' it had to be an old well . Mr. Lane asked Mr. Lucek to address himself to Paragraph ,#2 of Mr. Anderson' s report and review the flow of the water on that property, and also check the lots that are mentioned in the letter, as suitable and not suitable for building (as suggested) , Mr. Jurewicz noted Lots 1 - 5 and 10, 18 and 28 - 32. Mr. Lacek wanted to redefine the question, noting that he (Mr. 4nderson) didn' t re=lly say these lots :►ere not suitable, Mr. Anderson repeated, according to Mr. -Lucek) what was said by A'ir . Lucek at the meeting last week, that those particular lots 1 - 59 10, 18, 28 to 32 would be within wetland boundaries. ,,. SOUTH WINDSOR INLAND WETLANDS AGENCY _ MINUTES Monday, October 31, "1983 SPECIAL, FETING Page 9. Mr. Lucek noted that anything shown in green and lighter .Y g o lighter green is a wetland soil. Mr. Jurewicz asked what type soil it was and wanted to know if it were a Wapping soil. Mr. Lucek noted he had just received his copy_ of the report today, and told the Agency there is no Wapping soils there, _nor Wethersfiled soils. -Mr. Lucek told _ the Agency that.what they are dealing with are Walpole, saco and scarboro -soils. ' Mr. Lucek tried to contact Mr. Anderson last week and again today, but was unable to do so. Mr. Lucek noted that the Inland Wetlands Mau doesn' t designate them as Wapping and Wethersfield soils and he (Mr. Lucek) doesn' t know why Mr. Anderson referred to them as such. Mr.': Lucek explained that their soils report, which was submitted to IWA on a previous application, which was done by Henry Moeller, who did a very careful analysis with people from the Soil Conservation Service, it designated the soils in the area, and those soils are the ones ' - he has shown Mr. Lucek told the Agency that for some reason 17- Mr. Anderson has referred to them as Wapping and Wethersfield pp g soils and Mr. Lucek defines them as Walpole*, saco and scarboro soils and their characteristics are explained in great detail in the report. Mr. Lane observed tha4.they differ significantly from the soils that Mr. Anderson refers to. Mr. Lucek explained that the Wapping soil is similar to the ,Walpole soil, in that it is a well drained. Mr. Jurewicz observed that :dapping is a moderate] well drained. Mr. Lucek noted that the rla,lpole is a sandy soTi. Mr. Jurewicz told Mr. Lucek that he just wanted to make sure of what it (the soil) is because there is a disagreement apparently, with what Vern Anderson is saying and he (Hi. Jurewicz) wants to understnad it. Mr. Lucek repeated that they are Walpole soils. Dr. Krahula observed that they are not the ones Anderson says. Mr. Lucek told the Agency they are not , and he has not been able to get in touch with Mir. Anderson to discuss that disagreement with him. Fix. Jurewicz noted that Walpole soil is poorly drained. Pair. Lucek noted it is a poor drainage class, that is different, it means it is a high water table and it does not accept drainage. Mr. Lucek read from reference work defining Walpole soils: "permi.ability is moderate to rapid, but a high water table inter- } vvVlll 11L►JVt► 1111tijYJ WJ=,TJ.RINr)J AlT"1VlrY MINUTES Monday, . October 31, 1983 _ SPECIAL► MEETING Page 10. _ Peres with - -•internal drainage. It is a poorly drained soil be- cause it is already filled with water. Mr. O'Sullivan thought it didn' t sound like a soil classification, it sounds more like an accident. Mr. Lucek explained that these are the capability explanations, they are terraces developed by on a glacial till, stratified sand and gravel. It is a well draining soil, if it is not full of water to begin with. Mr. Jurewicz asked if it were full of water to begin with and Mr. Lucek said yes, because the whole area generally is not draining, but their proposrl is to install mechanical devi se s to assist in this dxaining away of the water. Dr. Krahula suggested he meant they would lower the water table and Mr. Lucek agreed. Mr. Jurewicz observed that the street system, of drainage is really to take the drainoff, that gets off the soil and off the roofs and onto the street, but it has to get there first, and if the sb±l is poorly drained, it wont get there. Mr. Luce_ reminded Mr. Jurewicz that last week they had talked about making any ap- provals subject to the Town Engineer' s ability to require under- drains in areas where the ground water necessitated that to lower the ground water table, down to the ultimate level of the detention basin outlet. Mr. Jurewicz did not recall it to lower the ground water table, he thought it was to keen the basements dry. Mrs. Warren noted it was the same thing and Mr. Lucek agreed. Mr. Jurewicz asked if it were the same thing, noting you can keep basements dry, but you can keen the major area Still wet. Mlr. Jurewicz cited his home where he has the drainage along his basement, but the people next door get -soaked cellars, but the reason he doesn' t is because he has gocd local drainage and the�� do not. I.ir. Davies observed that basically when you put a pipe in the ground it' s a drawdown curve. Mrs. Warren noted that 17r. Jurewicz is draining the soil. IVr. Jurewicz agreed he was local to the pipe , but one is not draining it all over, where- ever you put the pipes. Dr. K.rahula asked how far away does this . pipe loner the water table . Mr. Lucek told the agency it varies entirely with the soil t e t •yp , these type of soils with good clean, coarse sand the effect will be felt a lot further than it would be felt in a silty clay and the subsoils here are good clean, course Monday, October 31, ' 1983 - SPECIAL MEETING • . Page 11, just for that reason, because they have been washed. The silt material has been washed out of there for millions of years and --, - there is a lot of .water traveling thruu �i th.e ground there. Mr. Lucek noted the water is coming out of the higher areas and traveling through and starting to break oul in the -brook : systems indicated"-on the plan. - � _ --:�;�1►'Ir. pane .was ..thinking of the 2 nd. paragr ph-; in ligbt of - what Mr .Lnderson -said in the first paragraph, which states fairly directly his concern 'iif i i lle d,these wetland soils would then u� destroyed, 'uie question_ �..c�.�.•.� then arises what the impact this development will have on the wetland aild the si o if icanee of preserving, or not preserving the wetlands. fir. Tucek told the Agency that is the question. Nr. Lane abked if Mr. Lucek would run through the location of the lots. 1r. LuceK remit ded the Agency- that they had di, Sussed t the last meeti3ig, there are wetilands to be pre served and t:zere are wetlands which they do not necessarily preserve and that is-> basically..what their proposal is here, aiiQ Mr. Lucek thought that Mr. Anderson is raising the same question. Mr. Lucek thou&ht that Mr. Anderson is saying that if you build on those lots, they are wetland soils, they wont be wetland soils any longer , bu t the question then arises whet ter they will preserve them or not, Mr. Anderson is raising the question that was raised last -ime and it is a question that this commission__has considered on numerous occasions. Mr. Lucek noted th ere are wetlands that are wildlife habitats, flood control, ground water recharge areas and these are the areas that have always tried to retain. noted the Woodcock building on Sullivan avenue. 11-:r. Lucek observed that on the other hand there have been areas where the ground water either is high, or breaks out of the ground and not particularly habitat, or flood control; and those areas they have by draining and proper management have made those areas desirable residential areas where people live and their cellars do not get wet. Mr. Lucek explained that in the lighter green areas are those type of areas which are labeled wetland more yp , • as warning to homeowners, thatthese areas where one has to be careful how the basements are handled and how the drainage is SOUTH WINDSOR INLAND V1ET1ANDS AGENCY MINUTES Monday, October 31, 1983 0 SPECIAL MEETING Page 12. i handled. Mr. Lucek observed that the darker green areas are areas that historically they have tried to reserve_. p , they are flood control and wildlife habitat. He felt what Mr. Anderson was saying, and is using the word "if" , if they do this, whether they do this or not, there are some lots that fall into the lighter l green area. Mr. Lucek noted that ,for some reason he (Anderson) had lot #1 in there, it is not and Mr. Lucek did not know why it is listed. Mr. Lucek noted that Lot 72 does tick a little bit of the end of the muck Lots y area, rr'4an �#5are in the lighter green, Lot 10 is in the lighter green, �11 (not mentioned) has a little of the light green area; Lots 28 through 32 are in the Walpole soils. Mr. Jurewicz noted they are in what Mr. Lucek says are �,Jalpole soils and Anderson says are ti►apping soils. Pr. Lucek ss.id he is saying Vr'alpole and all the soils scientists ti,ith the SAS back in Dec. , 1982 designated it. Mrs. Eriksson suggested it may be a typing error. Mr. Davies observed that the indication on the map Wca is a Walpole and jr;ea is a Wapping it is small case on the "c" and "ell , 1•I1 s. Eriksson noted that it referred to Wapping silt in the sentance before and then re- ferrs to 'd;apping again in two entirely different statements, it was her guess that he read it wrong, or someone typed it wrong. She noted he (Anderson) syas it can be managed, and then is say- ing yapping soils wont be. Mfrs. Jriksson though it could be re- solved. Mr. Lucek noted that the '►rethersf2'•el'd and mapping soils are usually on the high ground, so he is sure it is just a misund er- standing on his (Anderson) part. Mrs. Zriksson observed that I-17Z. Luce' s point i s- although 8 or 9 of those lots are on wetland soils, he does not anticipate it' s 2 problem, they can handle whatever water problems are there. Mr. Lucek told the Agency that they have done this on a number of occasions prior to this particular arpli cation. He thought if . they had not been in with an application prior to this, things got confused, he doesn' t know vL, y, they would be taking this C as a matter of course. Mr. Lucek reminded the Agency the will g y y 1 be retaining the lowland areas, flood control areas, like they did with the rodunk Valley and other things that they have done _ SOUTH WINDSOR INLAND WETLANDS AGENCY MINUTES _ -Monday, October 31, 1983 - SPECIAL MEETING ._Page 13, and they' ll be draining and developing the areas which seem to have a high water table, but are really serving no other purpose as a wetland. Ms. Jurewicz asked about the capacity of the green area under . _ a real bad storm such as a 100 year storm. He asked if the soil ::. . _ - - -.: would be totally saturated even with drains, o` - could they handle that. Mr. Zucek explained_ xp that he has done some analysis on this, the Town Engineering Dept, has analyzed it, other engineering _ firms have analyzed it and they have determined that under a 100 year storm, the drainage shed in the area, the flood elevation is _at 240, which is basically the darker - green areas, not exactly. Mr.. Lucek noted that was how they established the back line of the lots, they kept them out of the flood zone. Mr. Lucek told Mr. Jurewicz that during a 100 year flood, they could concedethat the water wou1d be at elevation 240, if they accept the fact that the water always remains level,as long as there is no capillary action involved, in the pipes the water is going to remain level. M.r. Zucek p ointed out the area noting the water will have a tendency to drop to 240, the pipes will have to be above the 240. M.r. Zucek noted the limiting factor for any development in this area is that elevation 240, you cannot conceivably have a base- ment lower than 240, Mr. Lucek explained that everything in this subdivision and in most of the area around them, would have a minimum basement elevation of 240. He noted that is being very technical and sterile, it doesn' t work that way in practice, there is capillary action in the soil. Mr. Lucek observed that all their land is running in the 244, 246, 248 , 250 contours, the land is well above the 240 elevation. Mr. Lucek 'thought they have tried to address the desires of the conscientious Inland Wetlands Agency, they have tried to savethe flood area. Mr. Jurewicz observed that Mr. Lucek is saying all their---land is above the 240 and Mr. Lucek said yes it is. Mr. Jurewicz noted that they will be putting the basement below the surface. Mr. Lucek told him not necessarily, the roads will be built in the area, therewill be fill placed in the lots. Mr. Jurewicz asked what was the typical elevation in the light green area and Mr. Lucek told him about 243. Mr. Jurewicz suggested it SOUTH WIivDSOR IN "1 D WETLANDS AGENCY i,;onday, October 31, 1983 SPECIAL MEETING Page 14. was close and they could not afford to go too far lower or the; would go in the 240. :�Ir. Lucek suggested that on a lot like that they would build a' raised ranch, a house with the garage floor and basement floor on the ground level, and steps leading up, there are a lot of those in town. Mr. Jurewicz asked if he recommends as a safety factor- above the 240 like two or three feet. A r. Davies said they would -aHyway. Mrs. ';rarren asked about the swale. fir. Lucek pointed out the State Highway pipe and traced its route , noti;ig.-there is Ca lot Of -r i,: pipe ___e or_e of the things that they would have to do is to pick up that pipe and put it into their drainage;-system. '-'=�"s• =� =e= ptserved that presently it is running where it wants to from the look of the vegeta.tibn:i around there. --Y son refer •� th -1` ,Y - report --- s. __��s rid �o .e ;r�-pa+=biG��1 ..- v.., rJv4Ci asking- if iir. Lucek had not du_d that chec�:irg in the field and Mir. Lucek said they h=d done it. ir.rs. Eriksson observe that Mr. Anderson had assumed i t had not been checked. Irir. I,ucek suggested t hat it does not seem that _-_nderso n was ve�T- i'amil- -V iar with this application. '!r. Zucek told the Agency he had re- rOr t� U-�C---t vie-re gone �:lth cooperation wit , O� es that were dcne in the area. ::rs. Eri'_rssc__ asked if he or somebody else had been out there to chec'r the boundary fcr accuracy and Ns. Lucek told her he had not, but Henry Xoellei , in coeneration with the SCS established these lines, tr.'�en test hcle data acid filing a report. Mrs. 4arren remembered this report. s. Eriksson_ thought t'n ere is a rossibili ty that they never sent that report , but she rinds it hard to believe. Mr. Lucek told her, he was sure they did, because they have a report back from the SCS. Mrs. Eriksson_ referred to the paragraph regarding storm water runoff and the goal of -C- increase in runoff after development, it was her understanding that was designed to handle this. Mr. Lucek noted this was the basis for the whole design of the whole area which was worked out very carefully with Ifr. Page and the whole watershed is coming to the detention - and for a -p 0 increase in runoff in the area indicated and the brook that comes out of the area and apparently Mr. Anderson isn' t aware of that I yl.1J Ll VlI 1.1� �L rrZ,111li1`.1.1.7 X:7J_,�V l�l I`111V UTE� Monday, October 31, 1983 SPECIAL, PIEETING. Page 15, because he is asking that question. Mrs. Eriksson observed that . they have achieved -0- increase in runoff and Mr. Lucek said yes. Mrs. Eriksson observed they have checked the boundaries for ac- curacy and Mr. Lucek said they did. Mr. Lucek noted that on the plan they have a general direc- tion of storm water flow which he traced on the plan, to the sedimentation pool on Town Open Space land. In a very preliminary sense they are suggesting retention at the point indicated and sedimentation and erosion control at the point indicated on the plan. The Agency would probably want any lots that are filled, hay bales on the slopes, etc. Mr. O' Sullivan wanted to know which.. way the water flowed onthe yellow road and Mr. Lucek traced the flora noting it was almost dead level, so they can make it. G' Sullivan noted that at the lest meeting the Minutes said the 240 contour was the limit of the 100 year flood and K4_ . C' Sullivan thought Mir. Tucek had said that , but he noticed on the plan it says 50year. Mr. Lucek said it should be 50year flood, and that is the accepted criteria. Mr. Jureti•:icz asked what happens at the 100 year and I"r. ?,ucek said very little noting that from memory the rainfall rate for the 50 yea flood in the a.rtford area is about 5. 9 inches per hour and the l00 year flood is 6, the current is very flattened out by the time you get over the entire area, for the total storm. Mr. Jurewicz asked if that were over a period of 24 hours or one hour or what and 101r. I:ucek explained there is a rainfall rate which is so many inches per hour , but the total runoff for the 100 year storm is 6 inches and for the 50 it is probably 5.95., Mr. Jurewi cz observed that what he is saying is that there is hardly any difference between a 50 and 100 year storm. Mr. Lucek said that was correct, in intermediate storms, there is a big difference in the amount of rainfall. 111Z. O' Sullivan asked if a 100 year storm would be a foot or up to 241 and Mr. lucek told him no, if anything it would be 240. 05, -he noted they are talking about a detention pond that is approxi-( �t l 20 acres in area starting at '�;indshire Abbe and stretching- tom� e y � g the area indicated on the plan. Mrs. Eriksson asked where would the house be located on theose lots that are in the wet- SOUTH WINDSOR INLAND WETLANDS AGENCY MINUTES Monday, October 31, 1983 SPECIAL MEETING Page 16, lands, and would they be anywhere near the 241/242 elevation, or would it be only the yards flooded at that point. Mr. Lucek explained they would be flooding no yards there because every- thing out of the dark green area is above the 240 contour. He thought they could go to the 242 contour comfortably. Mr. O' Sullivan noted two areas at 242 contour and asked ll what was the elevation in between and Mr. Lucek noted it was a gully-like area and estimated it at just "a shaden lower than 242. Mr, O' Sullivan and Mr. Jurewicz suggested it could be lower than that, it could- be at=241 in the gully. Mr. O' Sullivan had been up there, it is flat, and realized they were talking about 6 inches, but he wondered if it were going to be flooded ` at a fifty year flood, or not, or maybe a little more than a i fifty, even though it doesn' t take much more, a few inches r above 240 (if the figures shown are accurate) could have an im- pact on that area. } Mr. Lucek told the Agency that those were the areas where the road would have to built up and the houses would have to be raised. Mr. O' Sullivan observed the area would have to be filled and the houses raised enough above the 240 (50 year flood limit) so they wouldn' t be flooded. Mr. Lucek told him that was correct. Mr. O' Sullivan noted that on the other side, it was all one flood-control area; (where the C1&P ROW separates the areas) and is lower than 240. He asked Mr. ,Lucek to roughly describe what the boundaries of the 240' wet area would be,with a water level at 240 during a fifty-year flood. Mr. Lucek explained that there is a ridge which separates the whole area. Mr. Lucek pointed out the 244 contour which separates the two low areas he indicated on the plan. Mr.Lucek reminded the Agency that the 240 is created by a weir that was built at the area indicated, with a dam which is causing the backup; if the question is whether the backup is going to go to the area pointed to on the plan, the answer is no. Mr. O' Sullivan noted that even though the it is below the 240, the ridge would keep it from flooding. Mr. Lucek told him that was right and that the water is free to flow uncontrolled in the area indi- cated. Mr. O' Sullivan asked if the fifty-year flood limit on -• 01 &"A/►JVlI L.L1AAu..L nL.LAAkulua ft%X. 11UI MINUTES Monday, October 31, 1983 SPECIAL MEETING Page 17. the other side of the ridge also at 240; Mr. Lucek explained they had created the 240 contour at a 50-year flood by what they have done with the weir--they established a weir overflow elevation at 2391, and it does not have any impact on the other side because all the systems indicated are independent systems that drain in the areas traced by Mr. Lucek on the plan. Mr. Lucek reminded the Agency that if the weir was not present, they would not -be dealing with the 240 flaIDd-VeIevation, it would be less, they are holding the water back. Mr. Jurewicz suggested that the SCS letter be clarified, he would like to know which information is correct, either Mr. Anserson' s or Mr. Lucek' s, and felt there should be . some consistancy. Mr. Jurewicz thought that if what Mr. Lucek said was true, he (Mr. Jurewicz) felt that Mr. Anderson would under- stand it, and make the adjustment. Mr. Lucek asked if the big- est concern were the soil classification and Mr. Jurewicz ex- plained that that was part of it, but also that it seems that • the SCS report gives the feeling that it is "iffy" to do this, and it seemsto be predicated to a degree,on his (Anderson' s) interpretation of what soil it is,and then Mr. Lucek said that the interpretation of soil is wrong. Mr. Jurewicz thought if that were true, Mr. Anderson might not be able to conclude what he did in the report--implying strongly that it isn' t such a "great thing," Mr. Jurewicz noted that Mr. Lucek has"shot down" the argument by saying he (Anderson) has the wrong soils. Mr. Lucek observed that he had read the letter several times and his first impression was that it was saying they should not be building on this soil, but as he reread it, it became clearer, that Mr. Anderson is really not making a statement like that, but telling the Agency that if they do build on these soils, and they are designated wetlands, then they are not preserving them, which is known. Mr. Lucek thought that a few questions were being posed to the Agency. Mr. Jurewicz reviewed the report noting that Mr. Anderson • reported that"the Wapping soils, being moderately well drained, will have more problems to overcome, it' s going to be important to provide residential units for homeowners with dry basements ODUTh WiN.UbUx lhiAND WETLANDS AGENCY MINUTES Monday, October 31, 1983 SPECIAL MEETING Page 18. and well-drained lawn areas. The remaining soils of this area will not do this, unless they are extensively filled with suit- able material and with adequate drainage.' Mr. Jurewicz observed that further on Mr. Anderson says that if you do this (fill it) , .wetlands soils will be destroyed and then raises the question of what impace that dEyelbpment will have on the wetland and the significance of preserving or not preserving, Mr. Jurewicz thought that depending upon which side of the fence one was on, it can be looked at as good or bad. Mr. Lucek did not disagree with what was said -noting that they know they will have to fill some of those areas, and if they fill the wetland soil, the wetland soils no longer exist; and they would in fact be having an impact and not be preserv- ing the wetlands, but htey will be preserving the important wetlands and not *wasting their time" preserving unimportant wetlands, they are using the land to its best benefit accord- ing to Mr. Lucek, Mr. Jurewicz thought there may be some merit to what was stated by Mr. Lucek, but it wouln be best to get some agreement, some reconciliation, before he"felt good about it. ,, Mr. Jurewicz suggested that they seek clarification and not disagreement. Mr. Ireland noted that the test holes that they took with Mr. Davies in the other layout that they had, the water was five feet down, if they look at the soils that they took, they are the best draining that are mentioned. Mr. Jurewicz asked where were those five holes located. Mr. Ireland noted they took 6 holes, he noted the cul de sac area on the old map and pointed out the areas where the the test holes were dug. It was noted that at ##1 the water was at 5 ft. Mr. Jurewicz asked where it was on the relevant map. Mr. Ireland explained that it was not on that map, but located it approximately for the Agency. Mr. Jurewicz observed that it was not on the light green area, noting it would be relevant if it were on the green area. Mr. Ireland noted it was near, and located other test hole sites. Mr. Jurewicz noted that 60 and 64 with no water, but none of them are in the light green area. Mr. Ireland ex- plained that the point he was making was the tests were right SOUTH WINDSOR INLAND WETLANDS AGENCY MINUTES Monday, October 319 1983 SPECIAL MEETING Page 19. i , near the light green area and they were down 5 ft. and there was no water. Mr. Jurewicz corrected him noting there is wa- ter at 5 ft. Mr. Ireland agreed,and suggested that the soils classifications are so close that hedidn't think it will make that much difference whether it is ten ft. one way or the other. Mr. Jurewicz was not convinced, noting that they were in the white area, not in the light green zone. Mr. Jurewicz asked Mr. Davies if it made that much difference between the light green zone and the white. Mr. Davies explained that basic soils classifications were 20 to 25 different variations, which narrow it down Into 4 or 5 primarily well drained, moderately well drained , poorly drained, etc. , and noted there would have to be a difference between the two areas. Nir. Jurewicz observed that what was stated previously by Mr. Ireland then, doesn' t necessarily follow, and suggested that if anything, the area considered to be less well drained, the water sould be closer to the surface and Mr. Ireland agreed. Mrs. Eriksson thought Mr. Jurewicz' s point was well taken and the Agency should get some clarification. Mr. Lucek agreed and suggested that Mr. Anderson, one or two Agency members and he meet to resolve these questions. Mrs. Warren did not see any glaring things when she walked the property, but does not know about soil types. She noted she was not wading in water in places that she thought she might perhaps be doing so. She wondered if it were a matter of degree, and if they were qualified to answer it. Mrs. Eriksson thought that was the reason Mr. *Anderson and Mr. Lucek should resolve their apparent differences. Mr. Lucek noted that two of the people who wrote reports on this pro- perty--one no longer is with the SCS and one is on vacation. Mrs. Eriksson suggested that Mr. Lucek try to set up a meeting with Mr. Anderson,and a member of the commission would go. Mr. O' Sullivan noted the weir was not part of this appli- cation and Mr. Lucek told him no, the weir is part of Windshire Abbe Estates which has already been approved. SOUTH WINDSOR INLAND WETLANDS AGENCY MINUTES Monday, October 31, 1983 SPECIAL MEETING Page 20, Mr. Lucek reviewed a previous report from SCS dated Jan. 7, 1983 which said the SCS is in agreement with the changes in the lo- cation of the road and the elimination and reconstruction of several of the lots, etc. He noted they have tried to carry out the road locations in this proposal. Mrs. Warren thought if Mr. Lucek wants t; talk with Mr. Anderson that was all well and good, but thought the Agency should request clarification because the report was requested by and submitted to the Agency, and also she sug- gested that someone from SCS, Mr. Lucek and an Agency member walk the property once the report is resolved. Mr. O' Sullivan asked what Mr. Davies got (regarding soils) and Mr. Davies had Walpole , Manchester, Enfield, Wapping and Scarboro. Mr. Jurewicz suggested that in the letter to Mr. Anderson the Agency ask that he be more definitive. Mr. Lane told the Agency members that he has had problems with some of the letters they have recieved from=�the SCS, that seem to Ve am- biguous and not especially helpful to the Agency. He thought they should ask for a more definitive response also. Mr. O' Sullivan did not think that Mr. Anderson could give an opinion, it has to be the Agency' s decision. Mr. Lane thought they should get some guidance. The Agency was in agreement that they should write to Mr. Anderson for clarification of the previously discussed re- port and ask for more specific and definitive information Mr. O' Sullivan noted that the weir is controlling the whole flood area and it belongs to Windshire Abbe, it is not on the Ireland property, but the weir is having an impact on the whole area and he (Mr. O' Sullivan) needed a little more understanding of exactly what it is going to do. He pointed out dbntour lines of 236, 238 and 240. He observed that if the weir is at 2391 and the contours he indicated are at 238 and 240, why doesn't the water go down to the area pointed out on the plan. Mr. Lucek pointed out on the plan a little brook and noted the contours 230, 232, 234, 236, 238 and pointed out above where the weir is located (off his plan) SUUTH WINDSOR INLAND WETLANDS AGENCY MINUTES Monday, October 31, 1983 SPECIAL MEETING Page 21. at 239.5 and noted the•,1ridge line. Mr. O' Sullivan noted he did not see the ridgeline ; on the ..plan, if he did, he could perhaps understand why it would not go down in the area he indicated. He tugge'sted-_clarification regarding this area be put on the plan. Mr. Lucek thought he could do it. Mrs. Warren observed they had gone through that with Windshire when they had come before the Agency regarding the weir. It was noted that no action would be taken until clarifi- cation of the SCS report is received. 10. (#6) David Allen Plastice, Inc. (Application NO. 252) NOTE: Mr. Jurewicz has disqualified himself from discussion and/or action regarding this application. The Agency reviewed the plans presented. - Mrs. Eriksson noted this application was for the building, but the detention ba- sin-had been completed years ago. Mrs. Eriksson noted there had been discussion of plantings as a buffer, moving,the building, moving the parking. t Mr. O' Sullivan pointed out the tree line, which is a natural buffer, noting they are going to destroy it to put a parking lot there, the Agency thought they could put the building farther back. Mrs. Eriksson reminded him that it could not because of the railroad siding. Mr. O' Sullivan had questions as to why it has to be there. He did note that Mr. Kaye had said there were definite parameters for the elevation of the track between the switches, but if that were so, h:e wanted to know why they don' t see these. He noted if the Engineering Department sees them, understands them and are in complete agreement with them, that was OK, but otherwise why can' t the Agency see these and understand them, he didn' t think it was that difficult. Mrs. Eriksson didn' t see why the parking lot cannot be long and narrow. Mr. O' Sullivan was bothered by the location of the existing treeline and the building is located without regard to destroying those trees, it would be a much more accept- able plan if that could be left alone and the building could be in the rest of the lot, because it is a wetlands and a treed area and if that could be left undesturbed then the plan would be better. Mr. O' Sullivan reminded Agency members that they o ca r S ?dzn� e � 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 ��oSOR,co�� AREA CODE 203/644-2511 March 21 , 1984 Uccello & Ireland Builders, Inc. 748 Old Main Street Rocky Hill, Connecticut 06067 CERTIFIED MAIL Dear Sir: At the .March 19, 1984 meeting, the South Windsor Inland- Wetlands Agency approved with conditions Application NO. 257 for a residential open space subdivision on property located on the west side of Ellington Road, South Windsor, Connecticut. The permit is based on the plans entitled "Bridle 'Mood Estates, Topographic Plan, An Open Space Subdivision in an A-30 Zone, Property of Uccello & Iribland Builders, Inc. , Ellington Road, South Windsor, Ct. ," drawn by Lucek Engineering Assoc ,Inc. , Sheet 4 of 10, dated 1/3/84; Sheet 5 of 10, dated 3/l/84. The following conditions must be adhered to for this permit to be valid: 1. This approval does not include Lots irl 5 and #6. 2. This proposal is subject tc the approval of the Town Eagineer. 3. The applicant shall indemnify and hold harmless the To,.,m of South Windsor against any liability which might result from the proposed operation_ or use. 4. The permit is valid for one year and shall expire if not initiated and completed within one year from the date of approval. Ver, truly your-, Calvin Lane, Vice-Chairman Gil:r'n►n c:c - Jet;i 1 Lucek, Lucek Engineering 'lsso. , Trlr. e d on Page 2. ) Uccello & Ireland Builders, Inc. 748 Old Main Street Rocky Hill, Connecticut 06067 Letter of Permit - Application ► O. 257 March 21 , 1984 Page 2. Continued from Page 1 . cc: A. B. Davies, Deputy Town Engineer C arles Enes, Town Clerk obert Gilligan, Chairman, PZC Richard J. Sartor, Town Manager Richar Ryan, Deputy Mayor Thomas D'Auria, Building Official Peter De Mallie, Director of Planning Kenneth Brill, Chairman, EDC (SV LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P. C. 1665 ELLINGTON ROAD SOUTH WINDSOR, CONN. 06074 (203) 644-3473 WEST HARTFORD OFFICE: EDWARD R KUEHN 968 FARMINGTON AVENUE DANIEL P. CAVANAUGH WEST HARTFORD, CONN. 06107 HAROLD R.CUMMINGS FRAZIER G. SCOTT (203)236-2973 HARRY WELLER LORRAINE PAULHUS March 22 , 1984 PLEASE REPLY TO SOUTH WINDSOR Mr. Robert Gilligan, Chairman Planning & Zoning Commission Town of South Windsor South Windsor Town Hall South Windsor, CT 06074 In Re : Application of Ireland, Bridle-Wood Subdivision Southerly of Bourbon Street Dear Mr. Gilligan: On behalf of Windshire Abbey Estates Ltd. , the owner of a portion of the premises involved in the above subdivision , this is to confirm, that we have reserved a 20 foot slope rights easement along the easterly line of Lot 64 of the Windshire Abbey subdivision and a similar 20 foot slope easement along the westerly line of Lot 63 in the Windshire Abbey subdivision in favor of the Town of South Windsor as an appurtenance to the proposed roadway running southerly, from Bourbon Street , to the Ireland property. Sin4eey urs 4 HarCummings HRC/can Ito'1 M a 02 t� C r T-0 O-P ?dzt� 4 w� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 OR,co�� AREA CODE 203/644-2511 April 18 , 1984 Mr . Paul Uccello Uccello & Ireland Builders I 748 Main Street Rocky Hill, Ct . 06067 Dear Sir: Re: App . #990 - Open Space Subdivision Bridle Wood Please be advised that the public hearing in the above matter has been scheduled for Tuesday , May 8 , 1984 , at 8 : 00 P. M. in the Council Chambers of the South Windsor Town Hall . Signs advertising the hearing must be posted on the property in the following locations : One on Bourbon Street where the proposed Bridle Wood Road will intersect with it ; One on Ellington Road in front of the proposed open space; and One on Carriage Drive where the 20 ' utility right-of-way is located . The signs must be posted for 10 consecutive days prior to the hearing (by April 27th) , and must be clearly visible from the street. They may be purchased in the Town Hall at a cost of $S each . Yours very truly , PLANNI AND ZONING COMMISSION vg By: . Robert F. Gilligan, Cha ' man CC: Emil Lucek & Associates Mr . Philip Ireland �C'NM its c r 0-1 � �• e � 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 sot•co`'� AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, APRIL 26 , 1984 THURSDAY, MAY 33, 1984 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, May 8 , 1984 , at 8: 00 P. M. in the Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue, South Windsor , to consider the following: 1. Application of Vito Covensky , for an Open Space Subdivision in an RR zone, consisting of three lots on the west side of Abbe Road, south of Garnet Lane . 2. Application of the Estate of Moses Maskel, by Herman Maskel , Executor , for a zone change from A-30 to A-20 on 24. 5 acres, more or less , located east of Abbe Road , west of Barber Hill Road and north of Miller Road. 3. Application of Uccello & Ireland Builders, Inc . and Windshire Abbe Estates , Ltd. .for an Open Space Subdivision in an A-30 zone, consisting of 34 lots located south of Bourban Street , east of Ellington Road and north of Carriage Drive . 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 AND ZONING COMMISSION Robert F. Gilligan, Chairman David Sorenson, Secretary y T-0�� O = ?dbll� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 OR•c0 AREA CODE 203/644-2511 May 22, 1984 Emil W. Lucek Associates Consulting Engineer 490 Buckland Road South Windsor, Ct. 06074 Dear Mr. Lucek: At a regular meeting of the Water Pollution Control Authority held on April 17,- 1984, the Authority voted to approve the Ireland Project and sewer through the Carriage Drive route. We chose this route as opposed to the Abby Road Extension route because this is what the Inland/Wetlands Commission prefers. It is the understanding of the commission that the Ireland Subdivision will be the only subdivision severed by that stub. y truly yours, Joseph J. Carino, Chairman TOWN OF SOUTH 14INDSOR Water Pollution Control Authority JJC:pm CC: Peter DeMallie, Director of Planning Robert F. Gilligan, Chairman, Planning & Zoning Thomas P. D'Auria, Building Inspector Richard Martel , Town Engineer Y wN at4 A r 7-0� �s ?A O G U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ��dsoR•co�'� AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, JUNE 30, 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the June 25, 1984 meeting, the Planning and Zoning Commission voted to take the following action: 1 . Deny the application of the Estate of Moses Maskel, by Herman Maskel , Executor, for a zone change from A-30 to A-20 for 24. 5 acres , more or less , located east of Abbe Road , west of Barber Hill Road and north of Miller Road. 2. Deny the application of Uccello & Ireland Builders , Inc . and Windshire Abbe Estates , Ltd. for an Open Space Subdivision in an A-30 zone , consisting of 34 lots located south of Bourbon Street , east of Ellington Road and north of Carriage Drive . Dated at South Windsor, Connecticut this 26th day of June , 1984. PLANNING AND ZONING COMMISSION Robert F. Gilligan, Chairman David Sorenson, Secretary y Tlo 0-leS �• o � G U �ca 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 soR•c0 AREA CODE 203/644-2511 July 3 , 1984 Frank Ahearn, Esq . 5 Oakland Road South Windsor , Ct . 06074 Dear Sir : Re : App . #990 - Bridle Wood Subdivision Uccello & Ireland Builders Please be advised that the Planning and Zoning Commission voted on June 25th to deny the application of Uccello & Ireland Builders, Inc . and Windshire Abbe Estates , Ltd . for an open space subdivision in an A-30 zone , consisting of 34 lots located south of Bourbon Street , east of Ellington Road, and north of Carriage Drive, for the following reasons : 1 . There were too many changes from the original application which was presented at the public hearing . 2 . Drainage has not been adequately addressed . 3 . Run-off from this site will have an effect on the health and safety of those who will live in the. area, as well as those presently living in the area . 4 . This land may not be suitable for an open space subdivision in its present configuration with small lots . 5 . Lot size should be larger , since this Commission does not think lots should be created on which houses must be placed on one side because they are too wet . 6 . Evidence must be shown of a way to get out of the stub road , in order to conform. to the regulations . 7 . Recreation has not been provided, as required in the regulations. 8 . An Environmental Review Team report was requested by this Commission, which the applicant would not permit , and without an environmental impact statement a decision cannot be made . Yours very truly, PLANNING AND ZONING COMMISSION vg By : Pdt,4l't./ ' &�_-q�X_-Y.�� Robert F. Giitigan , Cha rman CC : Inland Wetlands Agency P . DeMallie , Planning Director R. - Martel , Town Engineer . C � _au� O-P S_0� ?d&U&Ot 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 I�oSOR,co� AREA CODE 203/644-2511 September 6, 1984 Ms. Diane K. Blackman, District Manager Hartford County Soil & Water Conservation District 340 Broad Street Windsor, Connecticut 06095 Dear Ms. Blackman: :. RE: ERT Request - Bridle Wood Estates Subdivision The Planning and Zoning Commission of South Windsor has voted to request an Environmental Review Team report on the proposed Bridle Wood Estates subdivision, as well as land owned by the applicants to the west of this subdivision. The initial application consisted of 34 lots, and was subsequently denied. The enclosed maps also propose 34 lots; however, the Commission has requested a reduction in the number of lots, as well as an increase in the amount of open space land. No proposal for development west of the -- power lines has yet been submitted. Kindly review these sensitive tracts relative to their potential for open space subdivisions, and in particular, which areas do not lend themselves to building lots for single family homes. Your expeditious processing of this application would be appreciated. Sincerely, Peter R. DeMallie .. Director of Planning . PRD/ml ' cc: J anne Shelburn, ERT Coordinator, Box 198, Brooklyn, Ct. 06234 70bert Gilligan, Chairman-Planning and Zoning Commission Constance Eriksson, Chairperson-Conservation/Inland Wetlands Agency "" Rick Martel, Town Engineer Hartford County Soil and Wat r Cons rvation District �= Agricultural Center,340'Broad St.-Windsor,CT 06095-Phone(203)688.4946 µ ENVIRONMENT REVIEW REQUEST FORM ::.. The Environmental Review Team (ERT) is available to assist towns in the analysis of sites proposed for development. The Eastern Connecticut ERT services the area east of the Connecticut River and the Ki� The ERT focuses its attention oa significant residential,,services west of the river. , ential, industrial, commercial, and recreational developments, but remains flexible to meet the changing needs and --- priorities of individual towns. - :a Requests for environmental reviews may come from the chief elected o'ffi11 municipality,, cal of a p ty, or the chairman of an administrative agency such as planning and ;i zoning, conservation or inland—wetlands. Ample lead time sho � -uld be allowed in requesting an ERT. The District Board of --= Supervisors meets on the third Wednesday of each month to decide on whether a '.' request is forwarded to the ap propriate ERT Coordinator for action or a review is performed by Hartford County field office staff. Generally, the final ERT report is available within six to twelve weeks after the request is received. When requesting an environmental review, this form should be completed and sent to the .HARTFORD COUNTY SOIL AND WATER CONSERVATION-DISTRICT. The - District tT Coordinator or on the request. g an District Conservationist will inform the requesting official regardin decisions �. y W I. Requesting Town: SD LA 2. Requesting Official l T (title), Address, Telephone: e f _ Stir' �eY 41 ;e 2);,ytt,sT o� y , w, P , , c,�r o�a�y �, s, -� . 3. Date of Request:. G f 4. Size of Site and Location: �, Li- p w/0 CLtI 5. Landowner, Address, Telephone: 6. Developer, Address, Telephone j,k� (sr p ' 7. Summary of Proposed Project: 8. Reason for Request (.What purpose will an environmental review serve): :; CONSERVATION DEVELOPMENT - SELF-GOVERNMENT 9. Specific Concerns ERT Should Address: 7. V Soils Vegetation Water Supply r ' Topography . _ Wildlife _ Sewage Disposal Geology : ✓ Land Use ,_ ;, Solid Waste Hydrology r Historic Sites ✓Storm Water Drainage 4 ... Climate _ Natural Hazards Transportation Energy Resources Agriculture No is e Air Quality Open Space/Aesthetics/ Forestry Recreation _ Water' Quality r .. '•• Additional concerns or comments. == 10. Stage of project planning or development {time frame available for environ- mental review):. ArtLiomt f-9-T Atrot 11. Please attach the following to this form: Location map of project site. Letter of permission from landowner/developer allowing Team to enter the property for purposes of review. Any other pertinent information that will assist the ERT such as development plans. .... SEND COMPLETED FORM TO THE HARTFORD COUNTY SOIL AND WATER CONSERVATION DISTRICT 340 Broad Street, Windsor CT 06095 Phone 688-4946 FOR ADDITIONAL INFORMATION ON THE ERT, PLEASE CONTACT EITHER RIMLUM LYNN (868-7342) KING'S MARK ERT COORDINATOR, P 0 BOX 30, WARrm CT 06753 ... -OR- JEANIIE SHELBUI;N (889-2324), EASTERN CONNECTICUT ERT COORDINATOR, 139 BOSWELL AVE, NORWICH CT 06360 �,< O-P Sola& ?d&uaot _ (d 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 R.CO AREA CODE 203/644-2511 September 13, 1984 Ms. Amy Parker, District Manager Hartford County Soil & Water Conservation District 340 Broad Street Windsor, Connecticut 06095 RE: Bridle Woods Subdivision Dear Amy: As per our discussion of September 11 in which you apprised me of previous reports on this subdivision, please accept the withdrawal of the environ— mental review team report request: : . In lieu of that report I hereby request that your office conduct a subdivision inventory and evaluation with respect to its suitability for home construction, open space, and the provision of stxeet and drainage systems. Please observe that the Planning & Zoning Commission has given preliminary direction for the subdivision's redesign including a doubling of the land to be dedicated to open space, fewer lots (24t) , and perhaps larger lots. I understand you can conduct a field inspection with Town staff during the week of September 17. Thank you for your cooperation in this matter and I look forward to working with you on this project over the next few weeks. Sincerely, 4 -/. 411,tz� Peter R. DeMallie Director of Planning PRD/jsv cc: Jeanne Shelburn Eastern Ct. ERT Rick Martel PCZ file �- wN se,t y 01:0 01P S Gd s 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-2511 '1'pSOR.Cpti December 16, 1985 CERTIFIED MAIL #P682 179 963 Uccello & Ireland Builders, Inc. 10 Waterchase Drive Rocky Hill, Ct. 06067 Dear Mr. Ireland: Re: Permit No. 306, Bridlewood Estates At its meeting on December 91 1985, the Inland Wetlands Agency/ Conservation Commission approved a one-year permit extension for Application No. 306, Bridlewood Estates. The extension is effective Jan. 14, 1986and expires Jan. 14, 1987. At the meeting, the Agency also released your $10, 000 bond, Pass Book #13-012866-3. The pass book is enclosed h. Very truly yours, r John M. Moran, Jr. , C irman Inland Wetlands Agency/Conservation Comm. JMM/ml cc: Lucek Engineering Associates, Inc. A. Bowen Davies, Deputy Town Engineer Jacqueline J. Smith, Town Clerk Richard J. Sartor, Town Manager Councilman Lincoln Streeter, Council Liaison Robert Gilligan, Chairman-Planning and Zoning Comm. Thomas D'Auria, Building Official Peter DeMallie, Director of Planning Kenneth Brill, Chairman, Economic Development Comm. ce �- T_a aps ?d&U&at 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 rra�R.co��a AREA CODE 203/644-2511 January 14, 1937 CERTIFIED MAIL Uccello and Ireland Builders Inc. 10 Waterchase Drive Rocky Hill, Ct 06067 Attn: Paul J. Uccello RE: Permit Extension - Application #306 - Bridlewood Subdivision Dear Mr. Uccello: At the January 12, 1987 meeting, the South 1-7indsor Inland tIetlands Agency/Conservation Commission approved a one-year extension for the above mentioned application. The extension becomes effective January 13, 1987 with an expiration date of January 13, 1988 . All original conditions of this permit apply. Very truly yours, R"� 0 a,&^ a -8 Kevin Rennie, Chairman Inland Wetlands Agency/ Conservation Commission Town of South 11indsor AR:dlb CC: A. B. Davies, Deputy Town Engineer Richard ¢lartel, Town Engineer Marcia Banach, Director of Planning / Louise Evans, Chairman, Planning & Zoning Comm.✓ Thomas D'Auria, Building Official ,r OPTIO14 AGRE 24ENT ACRM 'NT made and entered into this day of 1 Cll , 19 by and between WINDSHIRE ABBEY ESTATES, LTD. , a Connecticut corporation having �s its principal place of business in the 'Down of South Windsor, Countv of i i Hartford and State of Connecticut, (hereinafter referred to as "Owner") and ' PHILIP IRELAND, of the Town of Hartford, County of Hartford and State of i Connecticut, (hereinafter referred to as "Developer") . IP WHEREAS, the Owner is the owner of three certain pieces or parcels of f land shown as Parcel C, Parcel D and a proposed road stub on premises of the ,f fr Owner which road stub runs southerly of the new proposed Bourbon Street to jland of the Developer in the Town of South Windsor, and designated as "Town of it j+ South Windsor" on a certain map or plan entitled "Plot Plan 'Windshire Abbey i' f' Estates, Ltd. ' Phase V, South Windsor, Connecticut Developed. By Windshire Abbe I Estates Associates P. 0. Box 701 South Windsor, CT. Date 3/8/83 Scale 1" = 40' � Sheet number 3 of 15 Fuss & O'Neill Consulting Engineers Manchester, 1 Connecticut", which map or plan is hereby incorporated by reference. Said j Parcel C comprises approximately 1.104 acres, said Parcel D ccoprises approximately 1.126 acres and said proposed road stub of access from the new Bourbon Street to property of the Developer being approximately 531 feet in ;r !4 length and 50 feet in width as shown on said map or plan; and It WHERF..AS, the Owner desires to sell and the Developer desires to '6 purchase said three parcels referenced above; and WHEPEAS, the Owner is desirous of acquiring from Developer and Developer is desirous of acquiring frcm Owner a right to drain waters into lands of the Developer and Owner located along the northerly portion of the Developer's land E� and the southerly portion of the Owner's land in the general area of the Owner' �r land shown as "Town of South Windsor Open Space Area Equals 7.589 acres" as referenced on the above map or plan; y NOW THEREFORE, in consideration of the mutual promises contained herein the parties do hereby stipulate and agree as follows: 1 1. The Owner hereby grants an option exercisable at anv time on ten (10) days notice to the Owner by Developer, for Developer to purchase Parcels f C and D and the road stub referenced above .from the Owner for the total consideration of TWENTY-FIVE THOUSAND ($25,000.00) DOLLARS. Said Twenty-Five � Thousand ($25,000.00) Dollars shall be due and payable in full at the time of the closing on the exercise of the option by cash or certified check and I � �! -2 x subject to adjustments for taxes, etc. in accordance with Hartford County Bar 6 ! 11 Association Closing Procedures. The Owner shall convey Parcels C and D to I the Developer free and clear of encumbrances by Warranty Deed. The Owner shall convey the road stub referenced above to the Developer by Warranty Deed free ' j and clear of encumbrances except that, the Owner shall .reserve a right of way � twenty-five (25') feet in width from the intersection of the road stub with t Bourbon Street southerly, along the westerly half of the road stub to the area marked as "Open Space" on the above referenced map or plan. This riqht of way shall be for passage only in favor of the Owner, its heirs and assigns ,I including the Town of South Windsor and the general public for purposes of access from the new proposed Bourbon Street to the open space land of the 'Town of South Windsor. The rights to be granted in accordance with this paragraph shall expire at such time as the road stub is accepted as a public highway by the Town of South Windsor. The rights reserved to Owner shall in no way interfere with the ability of the Developer to develop the road stub as a public highway. 2. The Developer shall have the right to exercise his option rights contained herein at any time between the date of this Agreement and October 1, 1985. Developer must send notice, to owner, by certified mail return receipt i requested, to Owner, care of Attorney Harold R. Cummings, Kuehn, Cavanaugh & Cumaings, P.C. , 1665 Ellington Road, South Windsor, Connecticut 06074, which notice must be postmarked on or before October 1, 1985. In the event that Developer does not provide such written notice postmarked by October 1, 1985, then in that event, Owner's obligation to convey the three parcels referenced above shall lapse and Owner shall be free of any obligation to Developer and Developer shall have no further rights with respect to said parcels. 3. As part consideration for this Agreement, in addition to the purchase price referenced above, the parties do further stipulate and agree 1that the northerly portion of Developer's premises and the southerly portion i of Owner's premises will comprise a natural detention basin area presently r consisting of swamp land and wetlands lands. The parties further stipulate ! and agree that it will be in the best interests of both parties to drain waters from their premises in the Plum Gulley Brook Watershed area into this natural a detention basin area, the outer limits of said natural detention basin area I� 1 1 1 ' -3- 1 ii being the 240 foot elevation line as shown on the various topographical maps prepared by the engineering firm of Fuss & O'Neill. Provided that Developer k t j shall exercise his option set forth in paragraph 1 above, the parties agree s jithat they will grant each to the other, a license, to drain waters into this 11natural detention basin area fran other lands of the parties located within the Plum rulley Brook Watershed area. The parties further contemplate, that , �j the detention basin area referenced above shall, eventually, be deeded to the Town of South Windsor a o n so s a part f o the overall cca�i,,rehensive drainage plan for , ' s the Watershed area. The parties stipulate and agree that this license to be j granted to drain waters onto the land of the other shall be a covenant running iwith the land and shall continue in full force and effect notwithstanding such future deed of the land to the Town of South Windsor, unless the Town of South Windsor shall refuse to accept the deed with the covenants contained, in which event the covenants shall cease and be of no effect. 4. As part consideration for this agreement, the Owner agrees to grant I 4o, the Developer the right to use Bourbon Street for all normal highway �r purposes, including, but not being limited to, rights of passage and rights to connect into utilities. 5. This Agreement shall be binding upon the parties hereto, their l „respective heirs, executors, assigns and administrators forever. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of 19 Signed and Delivered OWNER, in the Presence of: WIND IRE ABBEY TES, By I Richard S.1 Kelley Its President ER, I Ire I �)STATE OF C7ONNECTTICUT) ) ss. South Windsor 19 COUNTY OF IiARTFORD ) Personally appeared, RICHARD S. KEAMEY, President of Windshire Abbey Estates, Ltd. who signed the foregoing instrument, acknowledged the sure to be his free act and deed and the free act eed of said corporation, before me. old R. Cummings Ccnmi.ssioner of the Superior Court -4- STATE OF FLORIDA ) SS : COUNTY OF BROWARD ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State and County aforesaid to take acknow- ledgments, personally appeared PHILIP IRELAND to me known to be the person (s) described in and who executed the foregoing instrument and he acknowledged before me that he executed the same, for the purposes therein expressed. WITNESS my hand and official seal in the County and State last aforesaid, this 21st day of March 19 84 . i k Notary Public My commission expires: F-NIOTARY PUBLIC STATE OF nORVK BONDED THRU GENERAL INSURANCE UND MY COMWSSNON EXPl2I:5 JULY 12 4986