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HomeMy WebLinkAboutPARKING LOT s s 7SB 077040 / THE AETNA CASUALTY AND SURETY COMPANY BOND FOR COMPLETION OF LAND SUBDIVISION IMPROVEMENTS KNOW ALL MEN BY THESE PRESENTS, that we, JE ROME ASSOCIATES, INC., of the Town of West Hartford, Connecticut, as Principal, and THE AETNA CASUALTY ANN SURETY COMPANY, of Hartford, Connecticut, as Surety, are jointly and severally bound unto the TOWN OF SOUTH WINDSOR, Connecticut in the sum of_TEN THOUSAND AND NO/100ths ($10,000.00) DOLLARS, for which payment, well and truly to be paid to said TOWN OF SOUTH WINDSOR, we jointly and severally bind ourselves, our heirs, executors, administrators, successors, and assigns firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, an application has been made to the Planning and Zoning commission of the TOWN OF SOUTH WINDSOR, for the approval of a site plan of development of property located on the south side of Ellington Road in a RA Zone, known as Candlewood II as shown on plans titled Twin Circle, South Windsor, Connecticut dated February 24, 1979 and prepared by Igor Vechesloff, Professional Engineer and Land Surveyor, 51 Lorraine Street, Hartford, Connecticut and WHEREAS, said Principal has agreed to construct Buffering Requirements in accordance with said Plans and Town Regulat- -1*n.s. NOW THEREFORE, if the Principal sh4:-1 complete this work in accordance with said Plan and to the satisfaction of the TOWN OF SOUTH WINDSOR, then this obligation shall be null and void, otherwise to remain in full force and effect. IN WITNESS WHEREOF, the said Principal and Surety have caused these presents to be signed and their seals to be affixed hereunto this 9th day of May, 1979. Witness: JE ROME ASSOCIATES, INC. j r r ident THE AETNA CASUALTY AND SURETY COMPANY i BY C. Q. Christensen, ttorney-in-Fact pow N s f4� • �� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 AREA CODE 203/644-2511 ��•OSOR•G�C, ' May 9, 1979 Jerome Associates, Inc. c/o Arnold Sbarge, Esquire 100 Constitution Plaza Hartford, Connecticut 06103 Gentlemen: This is to notify you that the Planning and Zoning Commission voted to approve your application for a site plan of development of property located on the south side of Ellington Road in a RA Zone, known as Candlewood i II, subject to the following conditions: 1. This approval is for 188 multi-family one and two bedroom dwelling units. However, building permits and certificates of occupancy will be issued initially for only 9 buildings with a maximum of 108 dwelling i units in accordance with the Zoning Regulations and Building Department procedures. Prior to receiving building permits and certificates of occupancy for the remaining 80 units, the applicant shall be subject to inspection by the Planning and Zoning Commission, the Town Engineer, and the Building Inspector for the purpose of certifying that all } construction on the first 9 buildings is in accordance with the originally approved site plan in all, respects, including construction of utilities, roads and amenities as required therein. Only upon - 4 certification of such compliance shall the applicant apply for building permits and certificates of occupancy for the reaaining 80 units. The 9 buildings to be constructed first shall maintain the required ratio of one bedroom and two bedroom units, as defined in the x Zoning Regulations. - t The applicant shall ent0abo in o an agreement with the Town of South { Windsor which shall binself and its successors and assigns to the requirements of the a paragraph. 2. The plans shall be modified as follows: ' F a. The proposed storm water drainage outlet structure shall be relocated so as not to discharge storm water on nearby properties. The location of this storm water drainage outlet structure shall be subject to approval of the Town Engineer. j e t I b. The vehicular entrance for Candlewood I shall be used for access to Candlewood II. There shall be no additional entrance for Candlewood II on Ellington Road. , f Jerome Associates, Inc. -2- May 7, 1979 c. Recreation needs shall comply with the Zoning Regulations of the . Town of South Windsor (600 square feet of developed recreation per dwelling unit). This recreation shall be independent of recreation in Candlewood I, and shall include a minimum of two tennis courts, a swimming pool and pool house, and a picnic area with picnic tables and enclosed children's playground with equipment. d. A 25-foot buffer area shall be installed between this property and abutting residential properties, in accordance with the • Zoning Regulations. Types of trees shall be approved by the Planning and Zoning Commission. This buffer area shall be shown on the plans. The 25-fo6t side yard requirement shall not be considered part of the buffer area. e. Sidewalks and interior walkways providing for pedestrian traffic i shall be shown on the plans, and shall facilitate foot traffic between Candlewood I and Candlewood II. 3. Rights to drain storm water across lot #4, for lots #1 and #2 on the � subdivision map entitled "Candlewood & Nearby properties" shall be obtained. The rights to drain shall be approved by the Town Engineer, the' Planning and Zoning Commission, the Town Attorney, and filed in the Office of the Town Clerk of the Town of South Windsor. Lot #4 shall be shown as part of the site development plan with all easements and rights to drain recorded thereon. 4. Erosion control measures shall be taken during 'construction to eliminate silting and any other damage. These erosion control measures shall be made a part 'of the site d'eveldpment plan, subject to approval by the Town Engineer and the Inland Wetlands Agency. 5. All storm water drainage for this site shall be approved by the Town - Engineer of the Town of South Windsor. 6. Surety bonds shall be submitted to 'insure the following: (a) $50,000 shall be submitted to insure correct functioning of the storm water drainage system to the satisfaction of the Town Engineer and to insure that the erosion control measures are carried out; (b) $120 ,000 shall be submitted to insure roads, parking, sanitary sewers, water and other site improvements; (c) $1002000 to insure recreation facilities; (d) $10,000 to insure buffering requirements. 7. A liability insurance policy shall be submitted in the amounts of $250,000 per person; $500,000 per occurrence; and $100,000 property damage, naming the Town of South Windsor as an insured. 8. The Fire Marshal of the Town of South Windsor shall approve this plan as regards vehicular access, fire lanes and fire hydrants. 9. All dumpsters on this site shall be covered. The structure and design of the covers shall be approved by the Planning and Zoning Commission. Jerome Associates, Inc. -3- May 7, 1979 10. This site shall be served by sanitary sewers, subject to approval of the Town of South Windsor Sewer Commission. 11. Water shall be supplied ,to this site .by,the Metropolitan District Commission. 12. The apartment units shall be constructed in ;t'he wood-type design presented on the rendering', and shall be ,in harmony with the existing Candlewood I apartments. 13. ' All storm water drainage installation, s'aititary sewers, roads and other improvements to the site shall-conform to Town of South Windsor a t. 1.....: specif i . c tions. ' 14. A drainage assessment fee in the amount of $4300. shall be submitted. This drainage assessment fee may be pad in two installments of $2150. each. 15. This approval is subject to approval by the Town of South Windsor- Inland-Wetlands Agency. 16. The recreation facilities shall be reviewed and approved by the Town of South Windsor Recreation Director. 17. Black and transparent plans (24" x 36" maximum size) printed on polyester film, and three paper prints of this site plan shall be submitted to the Planning and Zoning Commission to be stamped and �,', signed. This letter of approval from the Planning and Zoning Commission and the letter of approval from the Inland-Wetlands Agency shall be reproduced on polyester film plan as part of the final plans. A filing fee to be determined shall be submitted prior to this map being filed in the Office of the Town Clerk of the Town of South Windsor. Very truly yours, PLANNING AND ZONING COMMISSION By. ''AA• William E. Grace, Chairman WEG/src cc: D. McLaughlin, Building Department B. McNamara, Assessor C. E=iksson, Chairman - Inland-Wetlands Agency R. Rittenband, Town Attorney W. Lanning, Fire Marshal J. Pitts, Chairman - South Windsor Sewer Commission J. Snow, Recreation Director SUSSLER & SBARGE ATTORNEYS AT LAW 100 CONSTITUTION PLAZA HARTFORD,CONNECTICUT 06103 ROBERT M.SUSSLER NEW LONDON OFFICE ARNOLD SBARGE TELEPHONE(203) 249-6551 III HUNTINGTON STREET NEW LONDON,CONNECTICUT 06320 TEL.(203)442-0887 August 30 , 1979 Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Attention: Mrs . Sydnie Cote Dear Mrs . Cote: Enclosed is an application in triplicate which seeks permission to begin construction on Phase II of the Bryre Wood Condominium as discussed at your Commission meeting on August 28 , 1979 . Very truly yours, Arnold Sbarge ' AS :pbj Enclosures wN s % i�� ,5 2--k Y � nOles ?d&U&0-_-$Z 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �tioSaR-CO AREA CODE 203/644-2511 September 20, 1979 Jerome Associates Incorporated c/o Arnold Sbarge, Esquire 100 Constitution Plaza Hartford, Connecticut 06103 RE: CANDLEWOOD II ELLINGTON ROAD SOUTH WINDSOR Dear Mr. Sbarge: I have made an inspection of the above site with respect to sedimentation and erosion control. It is apparent that the entire twenty- three (23) acre site has been included in Phase I. The retention pond and a few haybales are the only indications of any control. The Letter of Approval from the South Windsor Planning and Zoning Commission of May 9, 1979, listed a number of conditions required. Erosion control measures were specifically noted. I would recommend the following procedures: 1. Loam and seed the areas that will not be disturbed with permanent grasses before October 15, 1979. 2. Seed the other exposed areas and stock piles with an appropriate seeding to provide cover over the winter months--also before October 15, 1979. 3. Reset staked hay bales where appropriate. 4. The tree buffer schedule should be submitted. 5. The Inland-Wetland's permit has apparently expired. Appropriate approval will be necessary. My immediate concern is the erosion control, prior to winter. If you have any questions, please feel free to call. Very truly yours, TOWN OF SOUTH WIND S OR A. Bowen Davies Deputy Town Engineer cc: JJ. E. Page., Town Engineer/Planner Constance Eriksson, Chairman--Inland Wetlands Sew N SE,( a . � -C�� 0 �- _ � 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 mac, AREA CODE 203 644-2511 OR•CO , October 1, 1979 Jerome Associates, Incorporated c/o Arnold Sbarge, Esquire 100 Constitution Plaza Hartford, Connecticut 06103 Gentlemen: This is to notify you that the Planning and Zoning Commission voted to approve Section II of the Bryre Wood Condominium project limited to putting in the foundations for the remaining buildings. Any further construction or development of this site is subject to review by the Planning and Zoning Commission and compliance with the September 20, 1979 letter from A. Bowen Davies, Deputy Town Engineer, regarding erosion control measures that must be taken on Section I. Very truly yours, PLANNING AND ZONING COMMISSION By William E. Grace, Chairman WEG/src cc: J. Page, Town Engineer D. McIa.ughlin, Building Inspector B. McNamara, Assessor SUSSLER & SBARGE ATTORNEYS AT LAW 100 CONSTITUTIION PLAZA HARTFORD,CONNECTICUT 06103 ROBERT M. SUSSLER NEW LONDON OFFICE ARNOLD SBARGE TELEPHONE(203) 249-6551 III HUNTINGTON STREET NEW LONDON,CONNECTICUT 06320 TEL.(203)442-0887 October 16 , 1979 Mr. William E. Grace, Chairman Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: 7SB 077017 - Subdivision Bond - Candlewood II - Storm Drainage System and Erosion Control Measures - $505000 . 00 - rking, 7SB 077028 - Subdivision Bond - Candlewood II - Roads , Pa Sanitary Sewers , Water 8 Other Site Improvements - *120 ,000 . 00 7SB 077039 - Subdivision Bond - Candlewood II - Recreation Facilities - $100 , 000 . 00 6.0100 SB 077040 - Subdivision Bond - Candlewood II - Buffering Requirements - $10 , 000 . 0 Dear Mr. Grace : I have been asked by Jerome Associates, Inc. to request that certain of the above bonds issued in connection with site improvements for Bryrewood Condominium be reduced. Specifically, it is the opinion of the owners that Bond No. 7SB 077017 covering storm drainage and erosion control should be reduced by the sum of $45 , 000 , leaving a balance of $5 , 000 which should be more than enough to cover the one remaining item, hydroseeding of the retention basin. They feel that Bond No. 7SB 077028 to cover roads, parking, sanitary sewers , water and other site improvements should be reduced to zero for the reason that all of the work contemplated by that bond is fully completed. Bond No. 7SB 077039 , in the opinion of the owners , covering recreational facilities should be reduced by $75 , 000 , leaving the sum of $25 , 000 to cover the completion of the swimming pool which, at 75% completion as of this date is the only remaining item. The owners are not seeking a reduction in Bond No. 7SB 077040 which covers buffering requirements . SUSSLER & SBARGE Page 2 October 16 , 1979 We would appreciate your confirming through your staff the above status of completion and permitting bond reductions in the amounts indicated. Very truly yours , Arnold Sbarge c AS :pbj cc: Jerome Associates , Inc. O 7 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ISOR,c0 AREA CODE 203/644-2511 November 1, 1979 Arnold Sbarge, Esquire 100 Constitution Plaza Hartford, Connecticut 06103 Dear Attorney Sbarge: This is to notify you that the Planning and Zoning Commission voted to approve the application of Jerome Associates, Inc. for permission to construct the second phase of Bryre Wood Condominiums, consisting of 84 units, located on Ellington Road, South Windsor in a RA Zone, subject to the following: 1. The second installment of the drainage assessment fee in the amount of $2150 shall be submitted. 2. All conditions of the approval letter for Phase I, dated May 7, 1979, shall remain in full force and effect. Very truly yours, PLANNING AND ZONING COMMISSION BY 2EL William E. Grace, Chairman WEG/src cc: D. McLaughlin, Building Inspector J. Page, Town Engineer B. McNamara, Assessor �OWYN S fq<•� Wawn- O-P Sou� ?dzt� C ' 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR•Col AREA CODE 203/644-2511 November 1, 1979 Arnold Sbarge, Esquire 100 Constitution Plaza Hartford, Connecticut 06103 Dear Attorney Sbarge: This is to notify you that the Planning and Zoning Commission voted to reduce the bonding requirements for Bryrew ood Condominiums as follows: Bond # 7SB 077017 in the amount of $50,000 for storm drainage and erosion control is reduced to $20,000. Bond # 7SB 077028 in the amount of $120,000 for subdivision and site improvements is reduced to $12,000. Bond # 7SB 077039 in the amount of,$100,000 for completion of the recreation facilities is reduced to $50,000. s,c 7SB 077040 in the amount of $10,000 for completion of the buffering requirements remains the same. Upon receipt of new bonds in the above amounts, the bonds presently being held by the Town of South Windsor will be released to you. Very truly yours, Z ti PLANNING AND ZONING COMMISSION By -tJ.,� G. � William E. Grace, Chairman WEG/src cc: J. Page, Town Engineer MEMORANDUM TO: Town Treasurer FROM: Planning and Zoning Commission SUBJECT: Drainage Assessment Fee - Jerome Associates DATE: i December 17, 1979 Enclosed is a check in the amount of $ 2,150.00 This is the drainage assessment fee collected by the Planning and Zoning Commission for Second installment of drainage assessment fee for Bryre Wood Condominiums (Jerome Associates, Inc.) Please deposit in the proper account. Thank you, vg enc. r ENDORSEMENT T+:S CMECK WMF MjO:S ACC[►TEO IN FVLL PAYMENT OF THE FOLLOWING ACCOUNT 51-57 DATE AMOUNT 119 JEROME ASSOCIATES, INC. -' 61 GILLETT STREET 138 7 HARTFORD, CT. 06105 PAY {, (.., to i:.�} r��, t,#1.,t,414 TIME ttfl [}�—�r+ IL��1 DOLLARS __ K•p V DATE TO THE ORDER OF GROSS INCOME SOC. -- ----_--- .-- -------- —AMOUNT-- TAX- --SEC. —— NETAMOUNT J OM ASSOCIATES, INC. THE CONNECTICUT BANK AND TRUST COMPANY / f HARTFORD, CONNECTICUT , �A O IZ SIGNATURE 1:0 1 1900 5 7 0: 1 19a 4 6 ` I' �' scc� . .f a 7-0 Ole s � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•co AREA CODE 203/644-2511 . March 19, 1980 Jerome Associates, Inc. c/o Arnold Sbarge, Esq. 100 Constitution Plaza Hartford,Conn. 06103 Gentlemen: Re: Bryre Wood Condominiums, South Windsor Please be advised that this Commission is observing the planting which has commenced on the above property and would like to see the landscaping completed in accordance with the plans approved during the coming planting season of April Ist to May 15th. You will recall this approved landscaping plan included a number of substantially sized trees, shrubs, etc. I trust prompt attention will be given this matter. Yours very truly, PLANNING AND ZONING COMMISSION y , vg Marshall Montana, Chairperson ' CC: Mr. J. Page, Town Engineer Mr. D. McLaughlin, Building Inspector Mr. P. DeMallie, Director of Planning JBROME ASSOCIATES, INC. 1191 11 d Mauch 311,1980 GILLETT Phone (203) 522-0969 Mu• Mateo haU Montana, Cha.i&pena on HARTFORD, CONN. Ptan inn, and Zoning Comm,,6zion Town o 6 South Wind6 on 06105 1540 SuZUvan Ave. South W.cndaot, Ct. 06074 Dea>L Mu. Montana: We ate in teceipt of yout tetten dated March 19, %egatdLng the compte Lion o6 tAnd6 caping at Btyte Wood Condom.in c:umd. PZeabe be advized that Foutni.et Landocaping has been given the contract Got Chia wo&k and he z.a u.&ed us that it wiU be compteted on on b to May 15, weath.et peAmitting. Very tw4,40--�w , Betnc>d W. Lapu BW L/h jt cc: Mt. J. Page, Town Bngineen At. U. McLaughtin., Buiedin.g Inapectot Mt. P. DeMa.Uie, Vixec tm o 6 Ptanning Mt. Annotd Sbange, Esq. ournter LANDSCAPE CONTRACTORS, INC. r4wwt&4 33 STERLING ROAD EAST HARTFORD, CT 06108 (203) 528-9397 April 16, 1980 J Jerome Associates 69 Gillett Street Hartford, CT Re: Revised spacing & distribution of trees __ Bryrewood, South Windsor Gentlemen: Enclosed is our plan to revise the landscape buffer planting as was originally approved for sheet No. 6. Essentially, what we have done in the' buffer area is increase the spacing of the evergreen trees from 151 to 201 'on center and eliminate the row of shade trees. Our experience has shown that a double row of evergreens planted as close as 151 on center would in a -matter of several years grow into one another resulting in the eventual loss of lower branches. The surplus trees, evergreens and shade trees, would be planted elsewhere on the site as indicated on the plan. The trees on the plan, except in the buffer zone, are in addition to trees on the original landscape plan. The same spacing and distribution would apply to sheet No. 7. If you have any questions, please do not hesitate to call. Yours truly, FOLT A1NDSCA ;CONTRACT0RS, INC. 406 Ricllarc] A. Ma*-egz_ o RAM:pf ROME, CASE, DONNELLY, KENNELLY KLEBANOFF ATTORNEYS AT LAW LEWIS B.ROME RICHARD A.CASE JUSTIN J.DONNELLY,SR. JAMES J.KENNELLY HOWARD M.KLEBANOFF April 17 , 1980 ARNOLD SBARGE JAY B.WEINTRAUB JOEL M.GRAFSTEIN DAVID B.BEIZER MONICA J.LAFFERTY HOLLACE P.BROOKS A.PAUL SPINELLA Mrs . Marshall Montana, Chairperson Planning & Zoning Commission Town of South Windsor Town Hall Sullivan Avenue South Windsor, CT 06074 Re : Bry,x!,ewood Condominium Planting Plan Dear Mrs . Montana: This will confirm that the owners of Bryrewood Condominium propose to attend your meeting on April 22 , 1980 for purposes of reviewing the buffer planting plan for Bryrewood Condominium. The contractor who is to install the planting will also be present. Very truly yours , d Sbarg —�� AS : pbj Hartford Office PLEASE REPLY TO BLOOMFIELD OFFICE HARTFORD OFFICE TWO WINTONBURY MALL I FINANCIAL PLAZA 664 FARMINGTON AVENUE BLOOMFIELD,CT 06002 HARTFORD,CT 06103 HARTFORD,CT 06105 (203)242-7745 (203) 525-7341 (203) 549-6400 OW N SEA PA • U C V -an, 0_/?sotdh ?dzn� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soR,Co AREA CODE 203/644-2511 May 7, 1980 Rome, Case, Donnelly, Kennelly & Klebanoff 1 Financial Plaza Hartford, Conn. 06104 Attention: Arnold Sbarge, Esq. Dear Mr. Sbarge: Re: Bryre Wood Condominium - Planting Plan After a discussion at last night's meeting, the Commissioners concurred that there is no need to modify or change the original landscaping plan in this matter. We had consulted with a professional landscaper who felt planting the trees 15' on center would cause no problems. Therefore, the amended Landscape Buffer Planting Plan dated April, 1980, is denied. The Commissioners agreed that if you wished to plant additional trees we would be happy to consider it. Yours very truly, PLANNING AND ZONING COMMISSION By. Marshall Montana, Chairperson('`"'of ' vg ROME, CASE, DONNELLY, KENNELLY & KLEBANOFF ATTORNEYS AT LAW v � LEWIS B.ROME f RICHARD A.CASE s `r� JUSTIN J.DONNELLY,SR. JAM ES J.KE N N ELLY HOWARD M.KLEBANOFF June 6, 1980 ARNOLD SBARGE JAY B.WEINTRAUB JOEL M.GRAFSTEIN DAVID B.BEIZER MONICA J.LAFFERTY HOLLACE P.BROOKS A.PAUL SPINELLA Mrs. Marshall Montana, Chairperson Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Bryrewood Condominium Bonds Dear Mrs. Montana: The owners of Bryrewood Condominium believe that all work covered by various bonds on the project has been completed satisfactorily with the exception of the tree planting in the buffer zone along the property boundary. Accordingly, please consider this letter a request that the total of all bonds on the project be reduced to only the $10,000 bond for the buffering zone. We would appreciate your giving this request consideration at your earliest convenience. Very truly yours, rneYd Sbarg AS:pb j cc: Jules Page PLEASE REPLY TO Farmington Avenue BLOOMFIELD OFFICE HARTFORD OFFICE TWO WINTONBURY MALL I FINANCIAL PLAZA 664 FARMINGTON AVENUE BLOOMFIELD,CT 06002 HARTFORD,CT 06103 HARTFORD,CT 06105 (203)242-7745 (203) 525-7341 (203) 549-6400 �VW N S f,` C � } U O-P So� �1 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �yoSOR,c0 AREA CODE 203/644-2511 September 29, 1980 Arnold Sbarge, Esq. Rome, Case, Donnelly, Kennelly & Klebanoff 664 Farmington Avenue Hartford, Conn. 06105 Dear Mr. Sbarge: Re: Jerome Associates, Inc. Bryrewood Condominiums This will acknowledge receipt of the $18,000, one year maintenance bond in the above matter in accordance with our letter of June 25, 1980. Enclosed herewith are Aetna Casualty & Surety Company bonds #7SB 0770282 7S B 077039 and 7S B 077017 together with endorsements for same, which can now be cancelled. Yours very truly, PLANNING AND ZONING COMMISSION vg By: encs. Marshall Montana, Chairperson ROME, CASE, DONNELLY, KENNELLY & KLEBANOFF ATTORNEYS AT LAW LEWIS B.ROME RICHARD A.CASE JUSTIN J.DONNELLY,SR. JAMES J.KENNELLY September 23, 1980 HOWARD M.KLEBANOFF ARNOLD SBARGE JAY B.WEINTRAUB JOEL M.GRAFSTEIN DAVID B.BEIZER ' MONICA J.LAFFERTY HOLLACE P.BROOKS A.PAUL SPINELLA CERTIFIED MAIL RETURN RECEIPT REQUESTED Mrs. Marshall Montana, Chairperson Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Mrs. Montana: Re: Jerome Associates, Inc. Bond #7SB 077017, 7SB 077028, 7SB 077039 and Maintenance Bond - $18,000.00 to The Town of South Windsor Bryrewood Condominiums Enclosed is the new Maintenance Bond with regard to Bryrewood Condominium prepared in accordance with your letter of June 25, 1980. When this bond is filed, please return Bond Nos. 7SB 077017, 7SB 077028 and 7SB 077039 so that they may be cancelled. Very truly yours, rn d� arg �- AS:pb j Enclosures PLEASE REPLY TO 664 Farmington Avenue BLOOMFIELD OFFICE HARTFORD OFFICE TWO WINTONBURY MALL I FINANCIAL PLAZA 664 FARMINGTON AVENUE BLOOMFIELD,CT 06002 HARTFORD,CT 06103 HARTFORD,CT 06105 (203)242-7745 (203) 525-7341 (203)549-6400 PLANNING AND ZONING COMMISSION DECEMBER 23, 1980 PUBLIC HEARING AND SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Montana, Gilligan, Evans, Conde, Hallowell, Gay, Norman ALTERNATES PRESENT: Sorenson PUBLIC HEARING 1. Application of South Ridge Estates, Inc. , for a resubdivision of land into five lots on Old Farm Road near its intersection with Benjamin Way in an A-20 zone. Attorney William Grace appeared on behalf of the applicant and stated that , Section I of this subdivision was for 17 lots, and there are only four left. The applicant originally applied for 16 more lots in Section II several months ago, but the application was denied. They are now asking for approval of five lots - Nos. 9, 10, 110 40 and 48. These lots are located on roads which are already completed, and there are sewers and water. They need approval for these lots so they can keep on working through the winter. Mr. Grace added that the application had been denied because the Commission didn't like the way the development looked, and it has since been cleaned up. Mr. Emil Lucek appeared and stated the roads are in, and there is a catch basin for drainage which has been completed and approved by the Town. The Town Engineer, Mr. Page, stated he has no problem with this application other than the fact that the intersection could be cleaned up. He said he'd like to see a T-intersection or perhaps a temporary cul-de-sac so that a school bus could turn around. Mr. DeMallie, Director of Planning, stated had had no objections to this application. No one in the audience spoke in favor, or in opposition to this application. Mr. Hallowell noted that the truck plowing snow had taken the curb off, and said he'd like to see a temporary cul-de-sac built. Mrs. Montana asked who was doing the building, since that was one of the Commission's concerns when the application was denied last summer. Mr. Grace responded that the plan is to have South Ridge build the houses, and that the lots are all owned by the developer. 2. Application of Michael Ross of 185 Hills Street, East Hartford, for a zone change from RR to RA of approximately 21 acres on the westerly side of Avery Street, approximately 800 feet north of Pine Knob Drive. Attorney Edwin Baum, of the law firm of Pearson, Baum & Weinstein, 799 Main Street in Hartford appeared on behalf of the applicant and stated his client is asking for a zone change on 21 acres on the west sideof Avery Street from RR to RA. He said Mr. Ross entered into a Bond for Deed in August 1980, to purchase this parcel from Mrs. Lillian R. Kocarnik. Mr. Baum said Mrs. Kocarnik originally owned seven lots in front of this parcel on Avery Street and a subdivision had been approved. Several months ago, another re-subdivision for one more lot was approved, however,the maps were never filed and therefore that one lot subdivision is not valid. They are asking for the zone change on the 179' frontage on Avery, plus the 50' right- of way from Avery Street to the rear as well as the acreage to the rear. V Planning and Zoning Commission -2- 12/2/80 Attorney Baum added that Mrs. Kocarnik is in favor of this zone change application, and she also owns an additional 50 acres across the street from this land. The area in question is suited to condominiums. The topography is flat, and there is a natural buffer of trees surrounding the area which will not be removed. Mr. Baum produced photographs of the area which showed a pond and said that the pond would be retained. Attorney Baum stated that the zone change is not limited to condominiums, but he would go on record that only condominiums would be built, and not apartments. He is willing to submit condominium documents, even though it is not required in South Windsor. Mr. Baum said the zone change will fit into the Comprehensive Plan, and introduced an associate, Carol Burke. Ms.Burke noted that in the 1977 update of the comprehensive plan, the areas for multi-family dwellings was left to the discretion of the Commission. She noted there is a need for housing in the $55-60,000 range and presently home ownership is out of the reach of middle-income families. She noted that West Hartford is even subsidizing condominium development. Ms. Burke stated that the Town will not incur any maintenance costs, and the development will have its own recreational facilities, and the impact on the school will be minimal. The average number of children in a single family dwelling is now 1.9, and in a multi- family dwelling only .22. She added that condos attract high calibre residents, and they will blend in nicely with the homes in the area. The parcel in question is set back from Avery Street and surrounded by trees and approximately 12k acres will remain in its natural state. Attorney Baum then produced a copy of a resume' stating the qualifications of Joseph Russo, an engineer with Palmberg & Russo. Mr. Russo pointed out on a drawing that the parking will be 500' back from Avery. He said the land gently slopes, and there is a pond on the land. He said there will be no flooding, and they plan to put a retention basin in and will not increase the run-off. He said there are wetlands, and he pointed out the area on the maps submitted. He added utilities will be broughtin through the right-of-way and will include sewers, gas and water. The land is mostly fine, sandy loam and suitable for this type of construction. Mr. Russo said a traffic count was taken at peak hours and the following was determined: Avery Street - at the site Northbound Southbound Total Without condo (AM) 37 vph 113 vph 150 vph with condo (AM) 69 vph 191 vph 260 vph Peak hour increase 32 vph 70 vph 110 vph Planning and Zoning Commission 4=3- 12/2/80 Northbound Southbound 'Total Without condos (PM) 118 vph 51 vph 169 vph with condos (PM) 196 83 vph 279 vph Peak hour increase 78 vph 32 vph 110 vph Capacity of Avery Street is 1,427 vehicles per hour Avery Street, South of Kelly Road without condos 281 vph 203 vph 484 vph with condos 334 vph 211 vph 545 vph Kelly Road at Avery Street Eastbound Westbound With condos 188 vph 236 vph 424 vph Mr. Russo said these figures compared favorably with State traffic counts which have been taken. He said there will be single access to the site to limit traffic in the site to people living at the site. If necessary they will provide emergency access limited to emergency vehicles. Attorney Baum said the retention basin will be an obligation of the condo association to maintain and will not be an obligation to the Town. He said the entrance was planned where it is because they thought that was what the Town desired, but it could be changed if necessary. Mr.Baum went on to say that Michael Ross was a builder with many years of experience, and if approved, would be spending his full time supervising and directing all phases of construction There will be twelve buildings per unit, with basement storage. Several units (7 or 8) will be set aside for the handicapped, and the exterior of the buildings will be changed so all 14 buildings are not the same. Some will have brick, some stone siding. Solar hot water systems will be available if buyers want them. Mr. Baum said the buffer area between the first owner on Avery is 322' , and the woods and pond will remain as is. There is about 265' of buffer at the pool, and 195' at the last building. Utilities will be underground and the condos will be sold for $50-60,000. The buildings will not be visible from Avery Street for nine months of the year, and the value of surrounding properties will not decrease. Regulations requiring two parking spaces per unit and they will have two per unit plus an additional 100 spaces for guests. Mr. Baum then introduced Mr. Stven Eckhouse, who said he was here on behalf of William Barcomb, a realtor, and he read a prepared statement of Mr. Barcomb which stated that he felt the highest and best use of this land was for condominiums. A copy of that statement, marked Exhibit A. is attached to and made part of these Minutes. Planning and Zoning Commission -4- 12/2/80 Mrs. Montana asked the Director of Planning for his comments. Mr. DeMallie stated the site design is a concept and the Commission should concentrate on the zone change. He said the 1977 update of the Plan of Development left it up to the discretion of the Commission where multi-family housing should be. The 1967 plan shows this area as medium low density. He went on to say that CONNDOT has traffic statistics in that area and there are 23,000 vehicles per day, and that is a relatively low volume. In 1979 there were five accidents for the entire length of Avery north of Beelzebub. There were 13 south of Beelzebub. There is no public transit to that area and all of the zoning around it is single family residential. It is possible to have' Kent Lane hook into Avery Street, but because of traffic it is unlikely. Mr. DeMallie went on to say the entrance to the proposed condominiums is between two single family homes on Avery Street and is only 50' wide. He noted the maximum number of condos permitted is 168, and it is unlikely they will be able to construct that number. Mr. Page, Town Engineer, said essentially what Mr. DeMallie said about site plan is correct, and this is a zone change application. He said this land is in the Avery Brook Watershed and the Engineering Department has looked at it closely. There is no convenient place on that side for a retention basin and it would have to be carved out of the slope. He said no sub-surface information has been presented regarding rock, and water table, and though it is not required, it's difficult to evaluate this proposal. There are 10 acres of wetlands, detention and buffering area that would be required under the current regulations. Mr. Page said the site plan they submitted has no real meaning, and the Commission should have the Designed Zone concept so that developments such as this could be properly evaluated, since much more information would be submitted. He said as far as the proposal that was submitted is concerned, in theory it is all right as far as they have gone. He said in his opinion supporting this site as presented is almost impossible. Mrs. Montana asked if anyone in the audience wished to speak in favor of this application. Mr. Harry Lavack of 4052 Main Street, Mrs. Marie Jarenberger, and Mrs. Evelyn Millane of Salem, Connecticut spoke in favor. Mr. Ed Jaquish of 897 Avery Street said he was an abutting property owner and was opposed to the application. Mr. Ronald King said he was the other abutting property owner at 879 Avery Street, and he is opposed to the application. Mr. King presented the Chairperson with a petition which read:"We the undersigned property owners, residing within 500 feet of the affected property near Avery Street, object to the proposed zoning change for multi-housing for Avery Street, South Windsor, as shown onthe property map of the Town of South Windsor, Conn. N/F owned by Lillian Kocarnik". This petition was signed by 38 people at 23 addresses. He then presented the Commission with Planning and Zoning Commission -5- I2/2/80 a second petition which read: "We the undersigned property owners of South Windsor, object to the proposed zoning change for multi-housing for Avery Street, South Windsor, as shown on the property map of the Town of South Windsor, Conn. N/F owned by Lillian Kocarnik." This petition was signed by 17 people residing at 10 different addresses. Mr. King went on to say that the character of the neighborhood would be changed and property values adversely affected if this zone change is approved. He said the field has been farmed and the farmer using it is willing to purchase it. He further added there would be an increase in traffic and the right-of-way is only 220' from the crest of the hill and there isn't enough room. Mr. Kent Carlson of 970 Avery spoke in opposition citing the possibility of inadequate sewers and water as well as increased traffic. Mrs. Judy Kent of Avery Street asked whether the proposed units could be rented and Attorney Baum informed her that anyone buying a unit could rent it if they wished. Other persons speaking in opposition to this application were: Russ Willhide of 839 Avery Street; Dmetrius Nath of 390 Avery Street; Thomas Podkulski of 614 Avery Street; Bruce Charbonneau of 871 Avery Street; Jim Lombardi of Woodland Drive; Randy Olson of 904 Avery Street; Mr. Creeves of 815 Avery Street; Kenneth McLintock of 812 Avery Street; Timothy Schumacher of 260 Orchard Hill Drive; Vincent Pitzi of 490 Highland Drive; John Kazmarski of 139 Homestead; Mr. John Wilson of 926 Avery Street. All of these people were opposed because of increased traffic and danger to children attending Avery Street School, drainage problems, environmental impact, the fact they felt multi-family dwellings were not in keeping with the character of the neighborhood, and the possibility of sewers not being adequate. Mr. Gilligan asked Mr. Russo about the traffic sight line and distance from the proposed entrance to the top of the hill, and Mr. Russo replied there was about 270 feet. Mr. Gilligan then asked the stopping distance of a car traveling at 50 m. p. h. Mr. Russo replied that he didn't have the figure for 50 m. p. h. , but a car traveling at 35 m. p. h. would need 270' to stop. Mr. Gilligan then asked the width of the pavement and Mr. Russo said it was 24 feet wide. Mr. Norman asked when the traffic count was taken, and Mr. Russo said on Thursday, November 13th, 1980. He then asked if the right of way for water would come from Kent Lane, and was told yes. Mr. Norman asked Mr. Page to clarify what the 10 acres previously mentioned was for, and Mr. Page said 10 acres is for wetlands, buffering and detention basin. Mrs. Evans asked how far the other area that could be used for a driveway was from the top of the hill, and was told it's 400 feet from the top. Mrs. Evans then questioned whether the flow upstream could be maintained if the pond was drained during construction, and Mr. Russo said they didn't intend,to drain the pond. Planning and Zoning Commission -6- 12/2/80 Mrs. Montana stated that the photographs submitted showed a natural buffer area and asked whether any of the trees would have to be cut down to build the detention basin. Mr.Baum stated they may have to cut a few trees, and Mrs. Montana asked how wide the treed area is. Mr. Baum said it was about 10' to 25' deep in the rear, and behind the trees is open space. Mrs. Montana asked what they planned to do with the other right-of-way to Avery Street, and Attorney Baum said it will be used partially for the retention basin, partially for an emergency exit and also for the utility right-of-way. Mrs. Montana also asked the Town Engineer if the sewers were adequate. He noted that the sewers had been designed by two different firms, neither of which the" Town does business with any more. The Sewer Commission is talking about a new master plan, and all sewers will have to be reviewed. These sewers were designed to handle everything in the Avery watershed and only single family dwellings were there at the time. He said they probably could handle the flow at this time. Mr. Hallowell asked if any of this area is in the flood plain, and Mr. Page-said no, the flood plain stops before this property. Mr. Conde asked whether any traffic counts were taken on a Saturday, or on Kelly Road? He noted traffic is three times heavier on a Saturday. He was told none had been taken. He asked how many bedrooms these units would have, and Attorney Baum said they would have one or two in accordance with our regulations. Mrs. Montana told the audience a decision would be made within 65 days, and if anyone wished to be notified when the Commission would discuss this matter they should leave their names with the secretary. SPECIAL MEETING Bryrewood Condominiums Mr. Hallowell stated that he had inspected Bryrewood last Saturday, and asked whether the Commissioners wished to hear his report on this matter first, or discuss the Lapuk zone change first. They agreed to discuss the Bryrewood Condominiums first. Mr. Hallowell said the detention basin in Phase II has been disturbed. There is a lot of litter in it and seeding did not take, and no attempt has been made to re-seed. He said until the retention area is corrected to Buck Page's satisfaction he wants the Certificates of occupancy held up on two buildings abutting the basin. Mr. Hallowell went on to say that the buffering on the south side ends several hundred feet before it gets to the wetlands and is not in accordance with our regulations for the second section. There is no buffer on the back near the pond, and tree line is on the Holden property. He said it doesn't conform to our regulations. Mr. Page said there is an area which is bare and erosion is taking place, and we could make a more defined over-flow area. Mr. Hallowell said flooding could go into the basement. Mr. Gilligan noted that the level of the spillway could be reduced and that would be taken care of. Planning & Zoning Commission -7- 12/2/80 Mr. Hallowell said the retention basin needs to be seeded again and stabilized and it should be done this winter. He also said that a lot of vans and commercial vehicles are being parked and he thinks the parking lines should be diagonal in order to facilitate getting in and out. Mr. Hallowell said a letter should be sent to Attorney Sbarge informing him that no certificates of occupancy' on buildings 11 and 12 will be issued until these matters are taken care of. He asked whether the Commission still had a bond,and was told it is a maintenance bond. He said we should get a bond to make sure this work is completed. The Commissioners discussed this further and agreed that the emergency spillway should be regraded and seeded to eliminate the possibility of flooding, the retention area should be cleared of siltation and debris, and hay mulch should be placed in exposed areas to prevent erosion. Buffering should conform to the regulations, and continue to and along the property of Holden, and a $25,000 bond should be posted to insure completion. All of the above should be done subject to approval of the Town Engineer and this Commission. Mr. Gilligan moved that the secretary send a letter to Attorney Sbarge- by certified mail, and inform him that no certificates of occupancy will be issued for buildings 11 and 12 until the foregoing matters have been taken care of, and to also advise the Building Inspector not to issue the c/o's for buildings 11 and 12. Mr. Gay seconded the motion. It was unani- mously voted and so ordered. Lapuk, Hurwit, Simons - Zone Change, Ellington Road Mrs. Montana reminded the Commissioners that the deadline for deciding this matter was December 4th. She said she still has a problem with all the open space around the pond, since the pond is not owned by the applicant. Mr. Gilligan asked whether we had gotten a legal opinion about that, and Mrs. Montana said she had spoken with the Town Attorney, John Woodcock, who saw no problem with this. Mr. Woodcock felt it would be all right to have open space around the pond, and not use the pond. Mrs. Montana felt that perhaps the Town shouldn't take title to the open space because of liability. Mrs. Evans felt that in view of extensive discussions she has had with Bob Finch, perhaps the Town should have access to this land because it is so beautiful. Mr. Hallowell said if the land was owned by the condominium association it would still be difficult to stop people from walking on it. Mrs. Evans wondered if the Town would ever need access to this land, and Mr. Hallowell said maybe the Commission could get an easement. Mrs. Evans noted that all things considered, a development such as this would preserve the land better than single family ownership. The Commissioners concurred that traffic is bad in this area, and Mr. Gilligan said the existing road shows signs of over-loading and the condominiums already approved aren't even occupied yet. He said as desirable a piece of land as this is, it may not be to the best interest of the Town to develop it this way, since this will add to the traffic problem, and further added that he is not certain we can have a high density type development in this part of Town. Planning and Zoning Commission -8- 12/2/80 Mrs. Evans noted there's always the question of whether a matter should be delayed until roads are improved, or go ahead with development and then improve the roads. Mr. Gilligan said he is in favor of single family dwellings in this area, and Mrs. Evans said that would not preserve the open space around the pond. Mr. Hallowell noted that a lot of the land the developer is giving the town is in the flood plain area, and further added that it's up to a developer to solve the problem of traffic. Mr. Page said that if we had -the new regulations Peter DeMallie is working on, matters such as this or the Ross application which was heard tonight, would be easier to decide. Mrs. Evans noted that still wouldn't affect the traffic situation. Mrs. Montana questioned whether people would want to build single family dwellings next to a fire station and condominiums. Mr. DeMallie noted that he had spoken to Attorney Sbarge and Mr. Sbarge didn't seem to have any problem with our proposed multi-family regulations. He added that this area is shown on the Plan of Development as multi-family use. Mrs. Montana said the update to the Plan leaves it to the discretion of the Commission. Mr. Page said he feels the Commission should be able to see a site plan before changing a zone. i Mr. Hallowell said the under the proposed regulations this land could be split into both proposed zones, and Mr. DeMallie said he thought the Commission had agreed there would be little difference between the two proposed zones regarding size and density. Mr. Hallowell said it is imperative we have new regulations, and suggested the Commission could treat this matter at it did MAP Associates, and deny it until we have new regulations. Mrs. Montana said ! the Commission shouldn't do that since there's no guarantee it would be approved even with new regulations and we shouldn't be making any commitments. Mrs. Montana stated that the Conservation Commission feels the best use of this land is for multi-family dwellings since it will preserve the greatest amount of natural beauty around the pond. Mr. Gilligan said that traffic on Ellington Road would increase by 20 per cent if these condominiums are built. Mrs. Evans reviewed the Minutes of the public hearing and noted that the Town Engineer had stated that the depth of the sewers is critical and will require some engineering to bring them to the back of the property without pumping. Mrs. Graney, the Secretary to the Commission, informed the Commissioners that we did have an extension to January 15th to decide this matter, which Attorney Sbarge had given the Commission in case more time was needed. The Commissioners felt the matter could be decided this evening. The Commissioners concurred that traffic conditions, sewer conditions .and the potential impact on abutting water courses raise questions which cause great concern regarding this sensitive piece of land. The Commissioners agreed that their concerns have not been satisfied. Based on these concerns, Mr. Gay moved that this application be denied. Planning and Zoning Commission -9- 12/2/80 Mr. Gilligan seconded the motion. It was unanimously voted, and so ordered. Mr. Hallowell moved the meeting be adjourned at 11:40 P. M. Mr. Norman seconded the motion. It was unanimously approved. Respectfully submitted, Virginia S. Grariey, Recording ecretary APPROVED: �/ .� A rruda & Barcomb Real Estate, Inc 1678 Ellington Road RESIDENTIAL South Windsor,Connecticut 06074 AND Telephone:644-1559 COMMERCIAL [El REAL ESTATE REALTORO My name is William Barcomb of 24 Tumblebrook Drive, South Windsor. Presently, I live in the subdivision which abuts the parcel under consideration tonight. I have been a resident of South Windsor for 14 years and am a past president of the South Windsor Chamber of Commerce. I have been a local realtor for 16 years and for the past 3 years I have been associated with the South Windsor real estate firm of Arruda & Barcomb. There is a definite need for more multi-family or condominium type housing in South Windsor. Single family housing starts are at an all time low. As of December 1, 1980, our Multiple Listing Book listed sixty-five (65) properties for resale in the Town of South Windsor. Of the sixty-five (65) properties, there are only ten (10) listed for under $70, 000. 00; sixteen (16) properties from $70, 000. 00 to $79, 900. 00; eight (8) properties between $80, 000. 00 and $8 9, 900. 00; six (6) properties between $90, 000. 00 and $99, 000. 00; and fifteen (15) properties priced over $100, 000. 00. These proposed units wo d be in the $50, 000-$60, 000 firstime range. If this application is granted,/home uyers and older people who want to relieve themselves of the maintenance of a single family home will have a place to go and remain in the community. The need for this type of housing is evident from the brisk sales at Bryre Wood, on Ellington Road. Like Bryre Wood, the proposed Avery Oaks condominiums will produce a significant increase in tax revenues for the town. However, municipal expenses will not increase at the same rate. Since the condominium roads and driveways are private, there are no town expenses for maintenance and snow removal. Like Bryre Wood, Avery Oaks should have no effect, or if any, minimal effect on the school population. Most condominium buyers would be purchasing for their personal residence. A few, however, would purchase a unit as an investment, which would benefit people looking for rental housing in South Windsor. On Monday, December 1, 1980 there were ten apartments, two condominiums and two houses for rent in our town. This points out a definite need for more housing in our town. Arruda & Barcomb Real Estate., Inc RESIDENTIAL 1678 Ellington Road South Windsor,Connecticut 06074 [9 AND Telephone:644-1539 COMMERCIAL REAL ESTATE REALTOR° Condominiums attract a wide range of people. The one-bedroom units are usually occupied by unmarried, widowed or divorced people. The two bedroom units are generally sold to working couples or older couples who wish to relieve themselves of the maintenance of a single family home. People living in condominiums have a sense of community responsibility and take good care of their units. The experience of other Central Connecticut towns that have had condominiums for a number of years has shown us that property values increase when a town has a proper mixture of condominiums and single family dwellings. Escalating land costs coupled with the high cost of building materials and site preparation make it necessary to utilize the land to its best potential use. In this case, it is my professional opinion that the highest and best use of this land would be to grant I` Mr. Ross permission to construct condominiums on this site. l i i William comb i I SOW N E4( Can O � y 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 o��� AREA CODE 203/644-2511 SOR•C December 3, 1980 Mr. Bertram King, Acting Building Inspector Town of South Windsor, South Windsor, Connecticut Dear Mr. King: Re: Bryrewood Condominiums, Ellington Road In accordance with the attached letter, please withhold issuing Certificates of Occupancy for Buildings No. 11 and 12 in Bryrewood Condominiums until further notice from the Planning and Zoning Commission. Yours very truly, PLANNING AMID ZONING COMMISSION i By: .w1 vg Marshall Montana, Chairperson attach. CC: Mr. J. Page, Town Engineer Mr. P. DeMallie, Acting Zoning Enforcement Officer Arnold Sbarge, Esq. C � 4 �v T-own. aP ScwM ?d&zdAot 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR-co AREA CODE 203/644-2511 December 3, 1980 Arnold Sbarge, Esq. Rome,Case, Donnelly, Kennelly & Klebanoff 664 Farmington Avenue Hartford, Ct. 06105 Dear Mr. Sbarge: Re: Bryrewood Condominiums - Jerome Associates, Inc. Please be advised that the Planning and Zoning Commission voted last night to take the following action in connection with the Bryrewood Condominiums: No Certificates of Occupancy will be issued for Buildings No. 11 and 12 until the following items are complied with, and approved by the Town Engineer and this Commission: a. The emergency spillway shall be regraded and reseeded to eliminate the possibility of flooding. b. All siltation and other debris in the retention basin shall be cleaned up. c. Hay mulch shall be placed in all exposed areas to prevent erosion. r d. The balance of the buffer area along the Holden property should conform to our regulations and the landscaping plan which was approved by this Commission. e. A $253,000 bond shall be posted immediately to ensure completion of the above items. We are instructing the Building Inspector to withhold the Certificates of Occupancy on Buildings No. 11 and 12 until further word from this Commission. Yours very truly, PLANNING AND ZONING COMMI S S ION V B • -�t' g y CERTIFIED MAIL 2rs-h-ca—,Al Montana, Chairperson RETURN RECEIPT REQUESTED CC: Mr. J. Page, Town Engineer Mr. B. King, Acting Building Inspector Mr. P. DeMallie, Acting Zoning Enforcement Officer 1. The foitowiug xrvice is requesod(cbeck one). r 3 .ca.�rt+eet► a S11o►w wham, •ddre I of*#far ....�j t 8EMICTM Show to oia�l,.ds�e.ald addrm of ddtvM.6 _ (CONS MT FOMW M IK* FM) T Autx+�E ro: Arnold 5 , . a. ARTICLE DaMPTION:- ,REGISTERED NO. °:CERTWIED NO. INSUREO NO. 540M a� t eta 10114e a sped a I.have neceiv the Ode.described above. SIGNA ❑ ddmwft ❑ Authorized agent WIN c " „r 4 TE OF O POSTMA vS. ADDRESS (Comple t only if roq 7 G. UNABLE TO DELIVER BECAUSE: 'S ITIALS UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENT Print your name,address,and ZIP Code in the space below. OF POSTAGE,$300 • Complete items 1,2,and 3 on the reverse • Attach to front of article if space permits Otherwise LLS•MAIL affix to back of article. �® • Endorse article"Return Receipt Requested"adja- cent to number RETURN TO PLANNING AND ZONING CONNIISSION TOWN OF SO=a` 1°hgbjJ 1540 S ULLI VAN AVENUE SOUTH WINDS O 5 CT. 0091674 (City.State.and ZIP Code) ROME, CASE, DONNELLY, KENNELLY & KLEBANOFF ATTORNEYS AT LAW LEWIS B.ROME RICHARD A.CASE JUSTIN J.DONNELLY,SR. JAMES J.KENNELLY December 15, 1980 HOWARD M.KLEBANOFF ARNOLD SBARGE JAY B.WEINTRAUB JOEL M.GRAFSTEIN DAVID B.BEIZER MONICA J.LAFFERTY HOLLACE P.BROOKS A.PAUL SPINELLA Mrs. Marshall Montana, Chairperson Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Mrs. Montana: Re: Bryrewood Condominium At the request of your Commission, I enclose herewith a copy of Revised Drawings No. 5 and 7 to the approved Bryrewood plans. Revised Drawing No. 5 shows the detail of the spillway exiting from the retention basin on the property, which detail takes into account elevation and stabilization concerns expressed in your letter of December 3, 1980. The elevation of the spillway will be physically adjusted to conform with this detail at the earliest opportunity. Revised Drawing No. 7 shows extension of the buffer to the existing tree line along the southerly property line. It further confirms that the existing tree line is to remain undisturbed. Please advise if you require revised mylars conforming with these prints to be filed with the Town Clerk. Very truly yours, Jold Sbarge "J AS:pb Enclosures S �16 ✓ PLEASE REPLY TO 664 Farmington Avenue BLOOMFIELD OFFICE TWO WINTONBURY MALL 664 FARMINGTON AVENUE BLOOMFIELD,CT 06002 HARTFORD,CT 06105 (203)242-7745 (203)549-6400 �oVI O 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 l�psOR.CO AREA CODE 203/644-2511 December 17, 1980 Mr. Ernest McNeil, Acting Building Official Town Hall South.Windsor, Ct. 06074 Dear Mr. McNeil: Re: Bryrewood Condominiums The Planning and Zoning Commission voted at its meeting last night to permit Certificates of Occupancy to be issued for Buildings #11 and #12 in the Bryrewood Condominiums. Yours very truly, PLANNING AND ZONING COMMISSION vg By: i �"' ,tom _.� Marsfiall Montana, Chairperson CC: P. DeMallie, Director of Planning J. Page, Town Engineer Arnold Sbarge, Esq. SOW N RE,ca C + Tiawn, O-P South ?�(.IIdglat 1 �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 0R•CO AREA CODE 203/644-2511 December 17, 1980 Arnold Sbarge, Esq. Rome, Case, Donnelly, Kennelly & Klebanoff 664 Farmington Avenue Hartford, Ct. 06105 Dear Mr. Sbarge: Re: Bryrewood Condominiums The Planning and Zoning Commission voted last night to approve the amended plot plan prepared by Igor Vechesloff, dated February 24, 1979, as revised to December 8, 1980. The following conditions must be complied with: 1. The level of the spillway will be lowered, subject to the Town Engineer's approval, as soon as weather permits. 2. All dumpsters are to be located in areas convenient to each building, and are to be permanently positioned and fenced in. The Commission also voted to rescind its request for an additional $25,000 bond, and further voted to inform the Building Inspector that Certificates of Occupancy may be issued for Buildings #11 and #12. There will remain in effect a $10,000 bond to ensure completion of the buffering, and an $18,000 bond for maintenance. Please submit mylars of the revised plans for filing in the Town Clerk's office. Yours very truly, PLANNING AND ZONING COMMISSION v B g y. Marshall Montana, Chairperson CC: E. McNeil, Acting Building Official J. Page, Town Engineer P. DeMallie, Director of Planning r 1 4414 St y0-14• �`' SatdA ?A• 2� a - �� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 ftioSaR Co. AREA CODE 203/644-2511 June 25, 1980 Arnold Sbarge, Esq. Rome, Case, Donnelly, Kennelly & Klebanoff 664 Farmington Avenue Hartford, Ct. 06105 Dear Mr. Sbarge: Re: Bryrewood Condominiums Please be advised the Planning and Zoning Commission voted at its June 24th meeting, to reduce the bond requirements in the above matter as follows: 1. There shall remain in effect a bond in the amount of $10,000 for completion of the buffering requirements; 2. A maintenance bond in the amount of $18,000 shall remain in effect for a period of one year. As soon as we receive the maintenance bond, I shall return to you the other bonds in our file. Yours very truly, PLANNING AND ZONING COMMISSION By: !aji.00 ih- vg Maishall Montana, Chairperson T-awl-2, 0-le Soam ?dzor-z� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 so,R.co�� AREA CODE 203/644-2511 May 6, 1981 Arnold Sbarge, Esq. Rome, Case, Donnelly, Kennelly & Klebanoff 664 Farmington Avenue Hartford, Ct. 06105 Dear Mr. Sbarge: Re: Bryrewood Condominiums - Jerome Associates, Inc. You will recall that last December it was agreed that the emergency spillway area would be re-seeded, and siltation and debris in the retention basin would be cleaned up. It appears that the weather is now suitable for such work and I assume these matter will be tended to immediately. Yours very truly, PLANNING & ZONING COMMISSION B11A- vg y. ��h L/ ) .� Marshall Montana, Chairperson Y ' CC: J. Page, Town Engineer P. DeMallie, Director of Planning JEROME ASSOCIATES, INC. • May 8, 1981 G 1 LLETT Phone (203) 522-0969 HARTFORD, CONN. Mrs. Marshall Montana, Chairperson 06105 Planning & Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, Conn. 06074 Re: Bryre Wood Condominiums Dear Mrs. Montana: Our attorney, Arnold Sbarge, forwarded to us a copy of the letter you sent to him on May 6, regarding the spillway area at Bryre Wood. Please be advised that the work on the spillway area is now in progress, and we will notify you when it is complete. Very truly yours, �l Bernard W. Lapuk President BWL:dk pow n s�� y r T-o O-P s ?d&U&19-t o a �� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 l�4soR•co�'`� AREA CODE 203/644-2511 December 221, 1981 Arnold Sbarge, Esq. Rome, Case, Donnelly, Kennelly & Klebanoff 664 Farmington Avenue ' Hartford, Ct. 06105 Dear Mr. Sbarge: Re: Bryre Wood Condominiums It has been brought to our attention that dumpsters are being located on parking spaces at Bryre Wood, and that additional spaces have been provided for parking. We would like to see a revised site plan showing the additional parking spaces, as well as the locations of the dumpsters, which should be on concrete pads. Would you please submit a revised site plan for our review as soon as possible? Yours very truly, PLANNING AND ZONING COMMISSION vg By: Marshall Montana, Chairperson CC: T. D'Auria, Building Official J. Page, Town Engineer P. DeMallie, Planning Director 'OW N S fq` 'N 0-le S-o-alk, 4 �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 S0,R-1c� AREA CODE 203/644-2511 January 27, 1982 Arnold Sbarge, Esq. Rome, Case, Donnelly, Kennelly & Klebanoff 664 Farmington Avenue Hartford, Ct. 06105 Dear Sir: Re: Bryrewood Condominiums - Revised Parking Plan Please be advised that the Commission voted to approve the revised parking plan submitted by Mr. Bazzano at our meeting last night. The plan was prepared by Igor Vechesloff, dated 2/24/79, revised to 1/22/82, and shows the locations of the dumpsters. A black and white transparent print of the plan with this letter reproduced thereon should be submitted to the Commission to be stamped and signed, and filed in the Town Clerk's office. Yours very truly, PLANNING AND ZONING COMMISSION P vg y I.-,�,J Marshall Montana, Chairperson CC: Mr. Thomas Bazzano P. DeMallie, Planning Director J. Page, Town Engineer 4OVIN SE4 Gawn- O-P sio-um ?dindA� r L) �Cd 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR•C� AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, JANUARY 30, 1982 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION At the January 26, 1982 meeting, the Planning and Zoning Commission voted to take the following action: 1. Approve, with conditions, the application of Calvary Church for a 4 lot subdivision on the north side of Deming Street in an AA-30 zone. 2. Approved an amended parking plan for Bryrewood Condominiums, located on the south side of Ellington Road, in an MF-A zone. 3. Approved a landscaping and buffering plan for the Burr Meadow Condominiums, located on the southeast corner of Smith and Clark Street, on 15.8 acres, MF-A zone. Dated at South Windsor, Connecticut,this 27th day of January, 1982. PLANNING AND ZONING COMMISSION Marshall Montana, Chairperson Raymond F. Hallowell, Jr., Secretary VON a r - w o-I&S-CWA � 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 OR-CO' AREA CODE 203/644-2511 February 24, 1982 Arnold Sbarge, Esq. 664 Farmington Avenue Hartford, Ct. 06105 Dear Sir: Re: Bryrewood Condominiums Would you please forward us a check payable to the Town of South Windsor for $16, to cover the cost of filing the revised parking plan for the above condominiums? Yours very truly, PLANNING AND ZONING COMMISSION vg By: Marshall Montana, Chairperson ROME, CASE, DONNELLY, KENNELLY KLEBANOFF ATTORNEYS AT LAW LEWIS B.ROME DAVID B.BEIZER RICHARD A.CASE JOEL M.GRAFSTEIN JUSTIN J.DONNELLY,SR. F HOLLACE P. BROOKS JAMES J.KENNELLY ' f t MONICA J.LAFFERTY HOWARD M.KLEBANOFF "`"r 1C I A.PAUL SPIN ELLA ARNOLD SBARGE ! i CHARLES S.SILVER . 1. ALAN M.KOSLOFF a,. t SHERRY C.D;ANE JAY B.WEINTRAUB May 21 , 1982 A Marshall Montana, Chairperson M South Windsor Plan and Zoning Commission 1540 Sullivan Avenue South Windsor, Connecticut 06074 Reference: Bryrewood Condominium Dear Mrs. Montana: You may recall that the above project has bond coverage in the amount of $10,000.00 with regard to the buffer strip which was planted along the boundaries of the condominium. The developer believes that the buffer strip is now well-established, and there is no further need for the bond. We would appreciate your having the buffer strip examined by your staff; and if it is found to be satisfactory, we would hope that the bond could be released. Very truly yours, Arnold Sbarge rec cc: Jerome Associates, Inc. PLEASE REPLY TO Bloomfield BLOOMFIELD OFFICE TWO WINTONBURY MALL 664 FARMINGTON AVENUE BLOOMFIELD,CT 06002 HARTFORD,CT 06105 (203)242-7745 (203)S49-6400 y T-Own O-PSou� ?dza� o � c v e w� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 SOR•cID AREA CODE 203/644-2511 June 23, 1982 Arnold Sbarge, Esq. Dear Arnold: Re: Bryrewood Condominiums Thank you for your letter of May 21st concerning release of the $10 , 000 bond for buffering. The Commission discussed this matter last night and voted to release this bond upon receipt of a $10 , 000 bond to guarantee the construction of the dumpsters and replacement of dead trees. If you will forward us the new bond, I ' ll return the buffering bond to you for cancellation. Yours very truly, PLANNING & ZONING COMMISSION vg By: Marshall Montana, Chairperson/ w" sC4 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 oR-Co AREA CODE 203/644-2511 September 23, 1982 Arnold Sbarge, Esq . 2 Wintonbury Mall Bloomfield, Ct . 06002 Dear Sir: Re : Bryrewood Condominiums Please be advised that the Planning & Zoning Commission voted at its September 21st meeting, to release the $10,000 buffering bond it is holding as soon as it receives a $5, 000 bond from the Condominium Association to guarantee the the dumpster situation is corrected . When we receive the $5,000 I will return the other bond to you for cancellation. Yours very truly, PLANNING & ZONING COMMISSION vg By: �y Aas^aalf- Montana, Chairperson CC: Mr. Robert Dean P . DeMallie , Planning Director J . Page , Town Engineer C ~ Tia O-P ?d&U&Ot u 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 f�osoR•co� AREA CODE 203/644-2511 December 20, 1982 Smith Bros. 5 Oakland Rd. So. Windsor, Ct. 06074 Gentlemen: Re: Bryrewood Condominiums - Jerome Associates Please be advised that the Commission had voted on September 21st to release the $10,000 bond it was holding on Bryrewood Condominiums as soon as the bond was replaced with another bond from the Association. We received the Association' s bond on November 23, 1982, so, therefore, the $10,000 bond can be cancelled as of that date. Yours very truly, PLANNING & ZONING COMMISSION vg By : XA Marshall Montana, Chairperson e V/ S-Oum ?d&U&Ot 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 �tiosOR.coN� AREA CODE 203/644-2511 July 28, 1983 Mr. Robert Dean Bryrewood Condominium Association 808 Twin Circle Drive South Windsor, Ct. 06074 Dear Mr. Dean: The Planning & Zoning Commission voted on July 26, 1983 to release the $5, 000 bond it was holding to ensure landscaping around the dumpsters and relocation of same. Therefore, I am enclosing the Bond issued by the Hartford Accident & Indemnity Company. Yours very truly, PLANNING & ZONING COMMISSION vg By: enc. Marshall Montana, Chairperson- t r 95418 or, THE *TNA CASUALTY AND SURETY COMPANY Hartford, Connecticut 06115 &a ku W1W LIFE a CASUALTY POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS)-IN-FACT KNOW ALL MEN BY THESE PRESENTS, THAT THE kTNA CASUALTY AND SURETY COMPANY, a corporation duly organized under the laws of the State of Connecticut, and having its principal offic in the City of Hartford, County of Hartford, State of Connecticut, hath made, constituted and appointed, and does by these presents make, constitute and appoint E. Merritt McDonough., C. Q. Christensen or Joseph C. McMahon — — of Bloomfield, Connecticut its true and lawful Attorneys-in-Fact, with full power and authority hereby conferred to sign, ex cute and acknowledge, at any place within the United States, or, if the following line be filled in, within the area there designated , the following instrument(s): by his sole signature and act,any and all bonds,recognizances,contracts of indemnity,and other writings obligatory in the nature of a bond,recognizance,or con- ditional undertaking. and any and all consents incident thereto and to bind THE kTNA CASUALTY AND SURETY COMPANY,thereby as fully and to the some extent as if the same were signed by the duly authorized officers of THE kTNA CASUALTY AND SURETY COMPANY,and all the acts of said Attomeys-in-Fact,pursuant to the authority herein given,are hereby ratified and con- firmed This appointment is made under and by authority of the following Standing Resolutions of said Company which Resolutions are now in full force and effect: VOTED. That each f the following officers: Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice President, Any Assistant Vice President, Any Secretary, Any Assistant Secretary, may from time to time appoint Resident Vice Presidents,Resident Assistant Secretaries, Attomeys-in-Fact, and Agents to act for and on behalf of the Company and may give any such appointee such authority as his certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizences, contracts of indemnity, and other writings obligatory in the nature of a bond, r cognizance, or conditional undertaking, and any of said officers or the Board of Directors may at any time remove any such appointee and revoke the power and authority given him. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance,or conditional undertaking shall be valid and binding upon the Company when (a)signed by the Chairman, the Vice Chairman, the President, an Executive Vice Resident, a Senior Vice President, a Vice President, an Assistant Vice President or by a Resident Vice President, pursuant to the power prescribed in the certificate of authority of such Resident Vice President,and d ly attested and sealed with the Company's seal by a Secretary or Assistant Secretary or by a Resident Assistant Secretary,pursuant to the power pr scribed in the certificate of authority of such Resident Assistant Secretary; or(b)duly executed (under seal, if required)by one or more A ttomey s-in-Fact pur- suant to the power prescribed in his or their certificate or certificates of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile under and by authority of the following Standing Resolution voted by the Board of Directors of THE kTNA CASUALTY AND SURETY COMPANY which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers:Chairman, Vice Chairman, President, Any Executive Vice President, Any Senior Vice President, Any Vice Resident, Any Assistant Vice President,Any Secretary, Any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Residents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof,and any such power of attorney or certificate bearing such fac- simile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and fac- simile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached. IN WITNESS WHEREOF, THE k-TNA CASUALTY AND SURETY COMPANY has caused this instrument to be signed by its Secretary and its corporate seal to be hereto affixed this 9th day of June 11978 :_^ "°:'• THE /ET A CASUALTY AND SURET C P Y bJ �•9 i i' HARTFORD, Comm C State of Connecticut Secretary ss Hartford County of Hartford On this 9th day of June , 1s 78 before me personally came VUCUT A. WALSH , to me known, who, being by me duly swom, did depose and say: that he is Secretary of THE ,ETNA CASUALTY AND'SURETY COMPANY, the corporation described in and which executed the above instrument; that he knows the seal of said cor- poration;that the seal affixed to the said instrument is such corporate seal;and that he executed the said instrument on behalf of the corporation by authority of his office under the Standing Resolutions thereof. pipT4* Os: 4 o, .............. My commission*rs 31, 19 80/ Notary Public CERTIFICATE 1,the and rsigned, Aesistaat Secretary of THE kTNA CASUALTY AND SURETY COMPANY,a stock corporation of the State of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked, and furthermore, that the Standing Resolutions of the Board of Directors, as set forth in the Certificate of Authority, are now in force Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this 9th day of May 19 79 -v NARTFORD ;i CON" e ............. "' Assistant Secretary -IS-1922-D) IM) 12-72 PRINTED IN U S A