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HomeMy WebLinkAboutZONE CHANGE TO A-30 (7) TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING CO�SSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY APPLICATION # Z94 fo THE PLANNING AND ZONING COMMISSION AT I IRECEI M DATE: — THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE : BE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUESDAY. APPLICANT: Ucello & Ireland Builders ADDRESS : 748 Old Main ST. Rocky Hill , CT TELEPHONE # 563-2877 OWNER OF RECORD ON S.W. LAND RECORDS Stephan & Elizabeth Wisneski ADDRESS : 2985 Ellington Road South Windsor, CT COMPLETE DESCRIPTION OF LOCATION OF PROPERTY 4.4 Acre Parcel west side of Ellington Road, North of Carriage Drive (_ Z ONE RR NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: Emil W. Lucek 490 Buckland Road `�h Windsor , CT TE LE PHONE # 6 4 4-0 5 5 0 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) I D X 1. Zone Change to A-30 Zone (public hearing) nio; 2. Filing for Subdivision BAN � 1965 3. Filing for Open Space Subdivision (public hearing) south Windsor planning & Zoning Commission 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 ILL BE ACCEPTED BY THE PLANNING AND ZO I OMMI S 4�� �. � �91 a4r" AP CANT OWNER (over) Lucek Engineering Associates, Inc. Consulting Engineers & Land Surveyors 490 Buckland Road South Windsor, Connecticut 06074 Emil W. Lucek. PE, LS Telephone (203) 444-2474 Mr . Peter DaMallie January 3 , 1985 Director of Planning Town of South Windsor Re : Bridle Wood Estates Dear Peter : I have studied the sight distance conditions North of the proposed in- tersection of Bridle Wood Road with Ellington Road and have determined that the sight distance substantially exceeds the minimum requirements as recom- mended by Conn. DOT and the AASHO. The Conn. DOT Field Survey Sight Distance Test requires a minimum sight time span of 8 seconds . The field survey, done between 4 : 30 and 5 : 30 pm. on a weekday afternoon during commuting hours , resulted in a average time span of 22 . 1 seconds ; with a minimum reading of 14 . 1 seconds ; substant- ially more than the required minimum, The AASHO Minimum Sight Distance Table is shown below: I TABLE 10. MINIMUM SAFE NoNPASSING SIGHT DISTANCES Braking Braking AAS11O A,.Turned Design Coeffi- Safe Co- Distance Total Approved Speed Perception cient of efficient on Safe Non- plus Reaction Friction Factor of Level. Stopping passing Mph. Ft per Skid- of Friction, Ft, Distance, Sight 1' Sec Sec Ft ding Safety J V=/30J Ft Distances 10 14.67 3.5 51 0.68 1.25 0.55 6 57 'U 29.3 3.25 95 0.615 1.25 0.525 25 120 30• 44 3.0 132 0.62 1.25 0.50 60 192 200 1 40• .59 2.73 162 0.59 1.25 0.47 113 275 275- ;0• 73 2.50 193 0.56 1.25 0.45 185 368 350 60• 88 2.25 198 0.53 1.25 0.42 286 484 47.5. - 00 103 2.0 206 0:50 1.25 0.40 408 614 600 RU 117 1.75 205 0.47 1.25 0.375 570 775 • '.N1 132 1.50 198 0.44 1.25 0.35 771 969 1(X) 147 1.25' 183 0.41 1.25 0.325 1025 1209 • Dats for these speeds from AASHO publication. A Policy on Sight Distance. Remainder from knzona Highway Department standards. The sight distance to the north from the proposed intersection is approximately 1100 ' .From the table, this would result in a safe stopping from a vehicle speed of 95 m.p .h . ; Considerably higher than would be expected. Sight distance to tF-e south is clear and unobstructed and allows a safe stop- ping distance of over 900 ' with a design speed of 90 m.p.h . From the above , I submit that sight distance at the proposed intersec- tion is adequate . Ver Tru urs , l Emil W. Lucek 00.4000 United States soil 340 Broad Street Department of Conservation Windsor CT 06095 ` rJ Agriculture Service Phone 688-4946 January 3, 1985 TO: Ms. Constance Eriksson, Chairman Conservation, Inland Wetland Commission Town of South Windsor FROM: Hartford County Soil and Water Conservation District U.S.D.A. Soil Conservation Service _ RE: Bridle Wood Estates Subdivision Ellington Road A field review was conducted of the proposed Bridle Wood Estates Subdivision on December 27, 1984. In attendance were Emil Lucek, engineer; Phil Ireland and Phil Ireland, Jr. ,; Peter DeMallie, South Windsor Planning Director; Edesse Sloan, South Windsor Planning Department; Eric Scherer, Resource Conservationist, S.C.S. ; and Amy Parker, Hartford County Soil and Water Conservation District. This report supplements reviews made on 12/82, 1/83 and 9/84. A plan entitled "Bridle Wood Estates" dated 11/20/84 sheets 1, 5, 6 and 7 of 12 was submitted to our office on 1/2/85. Of major concern in this review were lots 18, 19, 20, 21 , 22, 23, and 26. Our concern centered around the placement of lots within inland wetland limits. As informed by the developer, the Town of South Windsor had placed restrictions on these lots. Basement slabs should be no lower than elevation 242.0 ft; filling should be kept to a minimum in wetland areas; an open space area is to be established north of Shag Bark Road. It is strongly recommended that proposed houses, driveways and related grading be shown on detailed plans for lots 18, 199 209 229 23 and 26. Some filling will be needed on several of these lots to construct the foundations. The existing drainage pattern on lots 22 and 23 should be relocated to be maintained between lots 21, 22 and 23. All lots should be graded positively away from foundations. Underdrains will be needed in areas with a seasonal high water table. It is suggested that storage capacity in the detention areas be increased to compensate for any filling in wetland areas. Should you have any questions on this or previous reviews, don't hesitate to call our office. Eric Scherer Amy M. Parker Resource Conservationist USDA - SCS District Manager Hartford County SWCD CC: Emil Lucek Associates CC: Philip Ireland CC: Richard P. Martel , Town Engineer O The Soil Conservation Service is an agency of the Department of Agriculture CC: A. Bowen Davies, Deputy Town Engineer Hartford County 004697 Soil and Wat r Cons rvation District Agricultural Center,340 Broad St. -Windsor,CT 06095- Phone(203)686-4946 January 10, 1985 Ms. Constance Eriksson, Chairman Conservation, Inland Wetland Commission Town of South Windsor 1540 Sullivan Avenue South Windsor CT 06074 Dear Ms. Eriksson RE: Bridle Wood Estates - Ellington Road, South Windsor CT On January 10, 1985, a meeting at our office was held concerning the plan of "Bridle Wood Estates, Ellington Road, South Windsor CT", dated 11/20/84 (no revision date) . Our office reviewed site plan sheet 5 of 12 with grading plans. Grade elevations of 242.0 feet were placed around house locations on lots 18, 19, 20 and 26. It is recommended that filling around houses to achieve the 242.0 foot elevation be limited to a distance of 15 feet from house foundations as shown sheet 5 of 12. This filling should be graded to match the required elevation of slabs as determined by the town. Lot No. 23 should not require any filling. Field elevations should be taken to determine actual ground elevations at house location. Sincerely /f r Amy M. Parker ric Scherer, District Manager Resource Conservationist, USDA-SCS CC: A. Bowen Davies, Deputy Engineer, South Windsor CONSERVATION — DEVELOPMENT — SELF-GOVERNMENT O T-awn' 0-/?sio-abil &1dat 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 soe•co�'� AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, FEBRUARY 21, 1985 THURSDAY, FEBRUARY 289 1985 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 5, 1985, 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 JACAMA Associates, for a zone change from RR to AA-30 , on approximately 33 acres , located on the north side of Miller Road, and west side of Barber Hill Road. 2 . Application of Uccello & Ireland Builders , for a zone change from RR to A-30 on approximately 4 . 4 acres located on the northwest side of Ellington Road, northeast of Carriage Drive . 3 . Application of Uccello & Ireland Builders, for an open space subdivision in A-30 Zone, consisting of 30 lots, located on the northwest side of Ellington Road, south of Bourbon Street , 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 H. Sorenson, Secretary ~� ate -awn 0-les ?d&uatat 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 �'►'osos,coN� AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, APRIL 6 , 1985 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION At the April 2, 1985 meeting, the Planning and Zoning Commission voted to take the following action: 1. Approve, with modifications, the application of Raymond S. Holcombe and Warren E. Howland, for a site plan of development for property located between Ayers Road, Sullivan Avenue and Graham Road, in an A-20 zone, as shown on a plan prepared by Lucek Engineering Assoc. , Inc. dated 2-28-85, revised to 3-29-85. 2. Approve the application of JACAMA Associates for a zone change from RR to AA-30 on approximately 33 acres located on the north side of Miller Road, west of Barber Hill Road, as shown on a plan prepared by Page Engineering, Inc. , dated 1-10-85, Project 85-020. 3. Approve the application of Uccello & Ireland Builders for a zone change from RR to A-30 on approximately 4. 4 acres located on the northwest side of Ellington Road, northeast of Carriage Drive, as shown on a map prepared by Lucek Engineering Assoc. , Inc. dated 11-20-84. 4. Approve, with modifications, the application of Uccello & Ireland Builders, for an open space subdivision in an A-30 zone, consisting of 29 lots, located on the northwest side of Ellington Road, south of Bourbon Street and north of Carriage Drive, as shown on plans prepared by Lucek Engineering Assoc. , Inc. , dated 11-20-84, revised to 1-21-85. Dated at South Windsor, Connecticut this 3rd day of April, 1985. PLANNING & ZONING COMMISSION Marshall Montana, Vice Chairman David H. Sorenson, Secretary �towN se44 0 U 01i 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f��SOR•co�'� AREA CODE 203/644-2511 April 8, 1985 Frank E. Ahearn, Esq. 5 Oakland Road South Windsor, Ct. 06074 Dear Sir: Re: App. #1046 - Uccello & Ireland Builders Zone Change from RR to A-30 Please be advised that the Planning and Zoning Commission voted to approve the above application for a zone change from Rural Residential to A-30, for approximately 4. 4 acres located on the northwest side of Ellington Road, as shown on a plan prepared by Lucek Engineering Assoc. , Inc. , dated 11-20-84. Within ninety (90) days from the date of approval (by July 1, 1985) you must submit a plot plan (1" = 40 ' ) showing the distance and bearings of all boundary lines and acreage of the land where the zone change was granted. It shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professional Engineers and Land Surveyors and submitted on a black and white mylar, together with three paper prints. The mylar will be signed and stamped by the Commission and filed in the Town Clerk' s Office. The effective date of this zone change shall be the date the mylar is filed in the Town Clerk' s Office. Yours very truly, PLANN NG AND ZONING COMMISSION vg By: C4 � Marshall Montana, Vice-Chairman CC: R. Martel, Town Engineer P. DeMallie, Planning Director T. D'Auria, Building Official E. Belleville, Assessor 4011" SE, VIA T_cxwn 0s �• C � w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 r�oso t-CO � AREA CODE 203/644-2511 April 9 , 1985 Frank E. Ahearn, Esq. 5 Oakland Road South Windsor, Ct. 06074 Dear Sir: Re: App. #1047 - Uccello & Ireland Builders Bridle Wood Estates Subdivision Please be advised that the Planning & Zoning Commission voted on April 2, 1985, to approve the above application for an open space subdivision in an A-30 zone, as shown on plans prepared by Lucek Engineering Assoc. , Inc. , dated 11-24-84, revised to 1-22-85, subject to the following: 1. This approval is for 29 lots numbered 1 through 25 inclusive, and 27 through 30 inclusive. Lot 26 is not approved, and the area which had been designated Lot 26 will become part of the open space and deeded to the Town of South Windsor. Building permits will be issued initially for 16 lots numbered through 13 inclusive, and 28, 29, and 30 , which shall be desig- nated Phase I and the plans shall be modified to indicate the phasing. 4 No building permits or certificates of occupancy will be issued i for subsequent phases until all site improvements in Phase I have been completed and inspected by this Commission, the Town Engineer and Building Official, for the purpose of certifying that all construction is in accordance with the approved plan in all respects. 2. Applicant must submit proof a cross-drainage easement between Windshire Abbe Estates and Bridle Wood Estates is in force prior to filing the plans, and such easement must be indicated on the plans. 3 . Deeds for the open space and roadways must be submitted to this J Commission prior to filing said plans. They must be approved by the Engineering Department and Town Attorney and be in accordance with the policy for accepting deeds (attached) . The deeds will be held in escrow until completion of the subdivision, and then referred to the Town Council for acceptance. 4. Concrete sidewalks, built to Town specifications, shall be installed on the north side of Shag Bark Road, and on both sides of Bridle Frank E. Ahearn, Esq. -2- 4/9/85 Wood Road and Stonehenge Road. 5. Applicant shall approach the State of Connecticut and request that the existing drainage pipe on the State right-of-way between the properties of Keefer and Cormier on Ellington Road be extended. The plans shall be modified to show a swale will be constructed to the rear of the lots on Ellington Road, to the proposed detention basin, and is subject to tht approval of the Inland Wetlands Agency. 6. Vegetation at the corner of Ellington and Bridle Wood Road shall be removed to ensure adequate sight-line. 7. The driveway on Lot #2 shall be on Bridle Wood Road. 8. The following modifications shall be made on the plans : a. The radius on the cul-de-sacs shall be 42 ' . b. Drainage through the intersection of Bridle Wood Road, Stone- henge Road and Shag Bark Road shall run along the curb line to the detention basin. C. The level spreader between Lots 18 and 19 shall show the alternate design which was discussed with the Town Engineer. d. The depth of the base beneath the roadways shall be as determined by the Town Engineer. e. Sanitary sewer laterals shall be shown on the plans. f. Sheet 8A will be revised to indicate sanitary sewer manholes are less than 300 ' apart. 9 . Footing drains will be required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40 ' , shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer. 10. Drainage for the subdivision is subject to the approval of the Town Engineer. 11. If, for any reason, finished grading and other site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy. 12. All lots must be connected to the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 13. Water shall be supplied to this subdivision by Connecticut Water Company. 14. Street lighting shall be installed at intersections and on the cul-de-sacs in accordance with the policy established by the Town Manager. Frank E. Ahearn, Esq. -3- 4/9/85 15. Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor at no expense to the Town. /16 . A bond in the amount of $10 000 shall be submitted to this Commission to ensure that the water problems in the existing ® - homes and on lots along Ellington Road do not worsen. submitted to the Town Quantity estimates must beEngineer for the purpose of determining subdivision bonding, and all bonds shall be posted prior to filing the plans. In the event the Commission votes to accept a Letter of Credit for a one year term in lieu of a surety bond, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option, call the Letter of Credit it is holding. 17 . A drainage assessment fee in the amount of $800 (for 16 lots) shall be submitted to this Commission. 18. A liability insurance policy shall be submitted to this Commis- sion 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 . 19. No building permits will be issued until all conditions of approval have been complied with, and the final plans have been filed in the Office of the Town Clerk. 20 . This approval is subject to the conditions of approval of the Inland Wetlands Agency and Conservation Commission. 21. Prior to the commencement of any site work, a meeting must be held with Town Staff. Black and white transparent mylars of Sheets 1 through 7 , modified as above, shall be submitted to this Commission to be signed and stamped. Three blue print copies shall also be submitted. The letters of approval of this Commission, the Inland Wetlands Agency (including the January 3, 1985 letter from the Soil Conservation Service) , and the Conservation Commission, must be reproduced on the mylars. After signing, the mylars will be filed in the Town Clerk ' s Office. Yours very truly, PLANNING AND ZONING COMMISSION vg By: / encs . Vh all Montana, ce-ChairffaA rm Frank E. Ahearn, Esq. -4- 4/9/85 CC: Richard Martel, Town Engineer Thomas D'Auria, Building Official Peter DeMallie, Planning Director Edward Belleville, Assessor William Lanning, Fire Marshal Water Pollution Control Authority Inland Wetlands Agency/Conservation Commission Lucek Engineering Associates tow M a�, t y O-P S-aU� V&&4Sat o � G V ..1 r w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 R-CO AREA CODE 203/644-2511 PROCEDURE FOR SUBMITTING DEEDS FOR ROADS , EASEMENTS AND/OR OPEN SPACE TO THE TOWN OF SOUTH WINDSOR A. All deeds must be Warrantee Deeds and must be accompanied by a Certificate of Title certifying , as of the date of the deed, the description, what entity has title to the land being conveyed in the deed, that all people who have an ownership interest have executed the deed, and that there are no mortgages or liens superior in right to the deed being given to the Town which could defeat the deed to the Town. B . This Certificate of Title must be updated to the time the deed is recorded , which will be after the Town Council has accepted the deed. C. If the deed is from a corporation, it must be accompanied by a corporate resolution indicating that the person who signed the deed had the authority to sign on behalf of the corporation, based upon a resolution of the Board of Directors , which should be attested to as being in full force and effect by the Secretary of the Corporation . D . The proper corporate seal , notary seal and the proper warranties should be in the deed. There should be no disclaimers of responsibility . E . A Certificate of Title must be submitted for any Deeds being held in escrow by the Planning & Zoning Commission prior to April 10 , 1984 , at the time the Deed is recorded inthe Town Clerk' s Office, and said Certificate of Title must be reviewed by the Town Attorney . F . Final plans will not be filed by the Planning & Zoning Commission, and no building permits will be issued, until all deeds have been submitted in accordance with the above procedure . Adopted by the Planning & Zoning Commission April 10 , 1984 . - tom M sE� _awn 0-Yes-aum 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•co"� AREA CODE 203/644-2511 To: All Contractors and Developers Serving South Windsor R Policy Regarding New Street Lighting All Planning and Zoning Commission approvals for subdivisions have, in the past, indicated as a condition that street lighting be installed subject to the approval of the Town Manager. The policy in effect for subdivisions (and other public lighting installations by private developers) has been subject to some misinterpretation. To clarify the existing policy--on, or after, April 1, 1982, new street lighting will not be accepted for addition to the Town's street light billing at any rate other than the lowest available overhead monthly charge within Connecticut Light and Power Company's Rate 116. in new residential subdivisions with underground utilities, decorative fixtures mounted on ornamental poles, consistent with Town Council policy, shall be installed at the developer's expense. In continuations of residential subdivisions, fixtures and poles shall match the type previously installed. - In all cases, the developer shall be required to pay the utility company, in addition to installation fees, the applicable one-time charge(s) as noted on Page 3 of the Connecticut Light & Power Company's Rate 116 (effective December 3, 1981) , as required to provide a final billing at standard overhead rates. This one-time charge is $458 per light in the present rate structure. Lamp size is limited to 9,500 lumen high .pressure sodium units, without specific authorization from the Town Manager for exemptions. Approval by the Town Manager is contingent upon the receipt of written notification from the utility company of the final monthly charge for each new unit; and confirmation that all one-time charges have been paid. The foregoing is merely clarification of existing Town policy with regard to street lighting. It has come to my attention that some contractors were not paying applicable one-time charges, while others were. Please continue to coordinate new requests for street light applications through Chief of Police William Ryan. Richard Sartor Town M ger Revised 10/82 � "M St,< y � 710 Ole S ?0&"310t a 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 ~osoR•co� AREA CODE 203/644-2511 December 13, 1988 Ucc l l o & Ireland 748 Old Main Street Rocky Hill, CT 06067 Re: Application #528 - Bridlewood Dear Sir: At the December 12, 1988 meeting, the South Windsor Inland Wetlands Agency/Conservation Commission approved a one year extension of Application #528 with all original conditions. In addition to the original conditions you are also required to contact John McCahill, Zoning/Wetlands Enforcement Officer (644- 2511, x229) immediately upon approval notification. This is to reverify the contact person for the site and establish a site visit with that person to verify all erosion and sedimentation control measures are in place according to the plan. The application becomes effective January 13, 1989 and expires January 13, 1990. Very truly yours, N ohn M. Moran, Jr. , Chairman Inland Wetlands Agency/ Conservation Commission JXMjr./pmm cc:John E. McCahill, Zoning/Wetlands Enforcement Officer Marcia A. Banach, Director of Planning Michael Gantick, Director of Public Works John R. Collins, Chief Building Official Raymond Hallowell, Chairman, PZC OPTION AGREEMENT AGREEMENT MADE AND ENTERED INTO this 2z5. ay of Septemb r, 1984, by and between STEPHEN J. WISNESKI, JR. and ELIZABETH A. Q WISNESKI, both of th Town of South Windsor, County of Hartford and State of Connecticut, hereinafter referred to as "Sellers", and PHILIP IRELAND, of the Town of Hartford, County of Hartford and State of Connecticut, hereinafter referred to as "Buyer". PARAGRAPH 1. The Sellers hereby agree to sell , and the Buyer agrees to purchase, land with the improvements thereon owned by the Sellers in the Town of South Windsor and known as 2270 Ellington Road , South Windsor, Connecticut as more particularly described on Schedule A attached hereto and incorporated herein by reference. PARAGRAPH II. The purchase price for said land shall be the sum of ONE HUNDRED SIXTY THOUSAND ($16011,000.00 ) DOLLARS. The Buyer shall pay to the Sellers the sum of TWO THOUSAND FOUR HUNDRED ($211,400.00) DOLLARS upon the execution of this Agre m nt as an option payment. Said payment shall entitle the Buy r to purchase said premises at any time between the date hereof and March 31, 1985. The Sellers agree to close and transfer said premises to the Buyer upon ten (10) days written notice from the Buyer between the date hereof and March 31, 1985. In the event that the Buyer does not give such notice of his intent to purchase by March 31, 1985, time being of the essence, then all of Buyer's rights with regards to said premises by reason of this Agreement shall lapse. The option payment made upon the execution of this Agreement shall not be credited to the purchase price except that, if the Buyer exercises his purchase rights prior to March 31, 1985, the Buyer shall receive, as a credit adjustment at closing, the sum of FOUR HUNDRED ($400.00) DOLLARS for every month prorated for partial months that the Buyer closes prior to March 31, 1985. Sellers shall provide Buyer with a Warranty Deed with respect to said premises. Said Purchase Price of ONE HUNDRED SIXTY THOUSAND ($160,000.00 ) DOLLARS shall be payable by cash or certified check due or payable at closing subject to adjustments as hereinafter set forth. The Sellers shall have the discretion as to the manner and form in which payment of said purchase price shall be payable to them. The Buyer shall , at Sellers' request, execute a standard form Purchase Money Mortgage to Sellers if Sellers desire to take a portion of the sale price by way of a Purchase Money Mortgage. Said Purchase Money Mortgage shall provide for interest at the rate of THIRTEEN (13%) PERCENT per annum. Said Purchase Money Mortgage shall be payable in one or more annual installments of principal , not to exceed five ( 5 ) - equa 1 annual installments of principal together with interest at THIRTEEN (13%) PERCENT on the unpaid principal balance which interest payment shall be payable monthly. The Buyer reserves the right to substitute security for Q said note in the event that the Buyer desires a release of the mortgage on the premises. The manner and form of such substitute security shall be that reasonably acceptable to the Sellers' attorney, Edgard R. Kuehn. Said promissory note shall otherwise contain all of the usual terms and conditions as are routinely found in such notes. There shall be no prepayment penalty on transfer to substitute security arrangement. Sellers shall LAW OFFICES 1 KUEHN.CAVANAUGH AND CUMMINGS.P.C. 969 FARMINGTON AVENUE WEST HARTFORD.CT 06107 12031 236.2973 yt 'i�,tl�i�: � �'. . .. ''a =�r4:;,,�c'�e .t•e�1 1•",sT,t'� �'. f accept interest which may be earned on such substitut s curity in lieu of any further interest from Buyer and Buyer relieved of all further obligations under the Note. The Seller shall look to the substitute s curity for all payments on the not . PARAGRAPH III. All adjustments shall be made at the time of Closing by cash or certified check in accordance with Hartford County Bar Association adjustment procedures. PARAGRAPH IV. The parties represent to each other that no real estate agent has been a party to this transaction and that to the best information and belief of each party no real estat agent' s commission is due as a result of the parties' negotiations. PARAGRAPH V. The Sellers shall have the right to, if they choose, lease said dwelling house located on said premis s during the term of this Agreement for a period of up to one (1) year. The terms and conditions of said lease shall be that as normal and routine for single family residential leases within the ar a. -- — In the event that the Buyer has any questions or concerns over the terms and conditions of said lease, such questions shall be resolved by Attorney Harold R. Cummings and his decision as to whether or not any term is reasonable shall be binding upon the parties. In the event that the Buyer elects to purchas said premises under this Agreement, he shall take said premises subject to the tenancy of the dwelling house and the Sellers shall have no obligation whatsoever to remove said tenants from the premises prior to closing. PARAGRAPH VI. Upon the execution of this Agreem nt, the Sellers hereby grant s to the Buyer permission to enter on to the premises during the term of this Agreement for purposes of commencing preliminary site work and investigation and analysis of the premises for purposes of subdivision approval from the Town of South Windsor and all relevant agencies. The Buyer shall restore the premises to as near the present condition as possible and shall further hold the Sellers harmless from any claim or loss arising by reason of his entry or his agents or employees entry onto the premises prior to closing. PARAGRAPGH VII. This Agreement shall be binding upon the parties hereto, their heirs and successors and assigns forev r. PARAGRAPH V III. This Agreement constitutes the entire understanding of the parties. PARAGRAPH IX. The Sellers shall be entitled to retain all rents which they may receive during the term of this Agreement from the tenants, if any, as referenced in Paragraph V above, subject to adjustment as provided in Paragraph III abov . In addition, if the Buyer shall fail to proceed forward to exercise his purchase rights under this Agreement, then Buyer shall forfeit all right or claim to the TWO THOUSAND FOUR HUNDRED ($2,400.00) DOLLARS paid as an option price upon the execution of this Agreement. PARAGRAPH X. The Buyer shall have the option to extend the term of this Agreement by an additional six (6) months from March LAW OFFICES 2 KUEHN.CAVANAUGH AND CUMMINGS.P.C. 969 FARMINGTON AVENUE WEST HARTFORD CT 06107 4203)236.2973 31, 1985 thru and including September 30, 1985 provided, however, that the Buyer sends written notice of his intention to extend this Agreement by March 1, 1985 and prior to March 30, 1985 pays an additional TWO THOUSAND FOUR HUNDRED ( $2,4 0 0.0 0 ) DOLLARS to the Sellers as additional option fee. In the event that the Buyer closes prior to September 30111 1985, he shall receive a 1 credit as an adjustment at the time of closing in the amount of FOUR HUNDRED ( $400.00 ) DOLLARS per month or prorata portion thereof that he closes prior to September 30, 1985 in the same manner and form as provided for the original option payment referenced in Paragraph II above. In the event that the Buyer fails to exercise his rights to purchase during the extension period, said option payment shall be forfeited to the Sellers as liquidated damages. The Buyer shall be required to close within sixty (6 0) days following the legal effective date of all final approvals by South Windsor municipal agencies on the Buyer's subdivision application if such decision should be rendered prior to September 30, 1985. Dated at South Windsor, Connecticut, this day IL WITN S is SELLERS z:tjG� Step n J. Wisneski, Jr ,l,Q/lL E1 ' abeth A. Wisneski / r BUYER Phil -Ir`eland STATE OF CONNECTICUT) ss: South Windsor, - �� 1984 COUNTY OF HARTFORD ) 1, Personally Appeared Stephen J. Wisneski, Jr. and Elizabeth A. Wisne#ski, Signers and Sealers of the foregoing Instrument and acknowledged the same to be their fx a act an dee before me. Hag6lo R. Cummings Cofmmissioner of the Superior clyurt STATE OF CONNECTICUT) ss: South Windsor, 1984 OCOUNTY OF HARTFORD ) Personally Appeared PHILIP IRELAND, Signer and Sealer of the foregoing Instrument and acknowledged t e 'ame to be his free act and deed, before me. H a/ty d R.-Cummings LA OFFICES 3 KUEHN.CAVANAUGH AND CUMMINGS.P.C. 968 FARMINGTON AVENUE WEST HARTFORD.CT 06107 i 1203)236.2973 SCHEDULE A Q All that tract of land situate, lying and being in the tocm of South Windsor, County of Hartford, and State of Connecticut, bounded and described as , follows: NORTHERLY: By land now or formerly of Bregno & Paquette, 128.86 feet; EASTERLY: By land now or formerly of Bregno & Paquette and by land now or formerly of Braithwaite, 682.49 feet; SOUTHERLY: By Ellington Road, 407.65 feet; and WESTERLY: By land now or formerly of Leo and Jack Leichtner, 824.12 feet. Said premises are also described in a survey entitled, "Property of Merle T. Steane South Windsor Conn Scale 1" = 50' Aug 3 1966 Fred B. 14lieeler Lan Surveyor", a copy of which survey is on file in the office of the Town Clerk of South Windsor. M. 'I O LAW OFFICES .UEHN.CAVANAUGH AND CUMMINGS.P.C. 169 FARMINGTON AVENUE WEST 14ARTFORO.CT 06107 4203►236.2973 i ' s* ASSIGNMENT OF OPTION AGREEMENT This agreement made this 8th day of January, 1985 between Philip I Ireland (Ireland) and Uccello & Ireland Builders, Inc. ("U&I") ' i W I T N E S S E T H F, WHEREAS Ireland has entered into an Option Agreement dated September 25, 1984 with Stephen J. Wisneski, Jr. and Elizabeth A. Wisneski for purchase and sale of premises known as 2270 Ellington Road in the Town of South Windsor more particularly described in Schedule A; and WHEREAS, Ireland wishes to assign all rights under said agreement to U & I; k NOW THEREFORE, for One ($1.00) Dollar and other good and valuable consideration in hand received, Ireland hereby assigns to U & I all rights, title and interest as he may have in and to said premises pursuant to said M agreement. U & I assume all covenants and obligations of Ireland thereunder.' WITNESSES: ,r Ip.0-11H tIP AND UCCEL W(]I rL D B IL INC +, BY: �� Pry 4*" - c STATE OF CONNECTICUT: ss: Rocky Hill January 8, 1985 Personally appeared Philip Ireland and /au{ ✓�� as of Uccello & Ireland Builders, Inc duly authorized, Signers and Sealers of the foregoing Instrument and acknowledged the same to be their free act and deed before me. C014MISSIONER OF THE ERIO URT LAW OFFICES ILISANO,LIFSNITZ!SANTOS 2606 MAIN STREET P.0.BOX I56 ROCKY HILL.CT 06067 Y TEL.NO.1203)563-6305 JURIS NO.64666 fs e • �t ' P SCHEDUI A 0 . r All that tract of land situate, lying and being in the tocin of South Windsor, r' County of Hartford, and State of Connecticut, bounded and described as follows: NORTHERLY: By land now or formerly of Bregno & Paquette, 128.86 feet; EASTERLY: By land now or formerly of Bregno & Paquette and by land I , now or formerly of Braithwaite, 682.49 feet; SOUTHERLY: By Ellington' Road, 407.65 feet; and WESTERLY: By land now or formerly of Leo and Jack Leichtner, 824.12 feet. Said premises are also described in a survey entitled, "Property of Merle T. r. Steane South Windsor Conn Scale 1" = 50' Aug 3 1966 Fred Wheeler land Surveyor" a copy of which survey is on file in the office of the Town Clerk J . of South Windsor. _ I ' f f 'f I ' 1 ,fly • i i O I t LAW OFFICES KUCHN.CAVANAUGH AND CUMMING&P.C. #60 FARMINGTON AVENUE W"T HAWFORD.CT 06107 12031 Z36.2S73 I . I