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HomeMy WebLinkAboutVariance (347) APPLICATION FOR TOWN OF SOUTH W I N D S 0 R TO SECOZPIL TEDByBO- ZONING BOARD OF APPEALS Filed . . . . . .,0•••T•`•' - Fee . . . . . . . . . . . . . 'ORTAINT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being Receipt No. . . . . . . . . . heard at the next meeting. ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE TURNED IF INCOMPLETE. The application and supplements must be filed in duplicate. The application must be typewritten or printed in ink. A Class D or better survey of the property in question must be submitted with the applicatioz showing streets, lot lines, building lina3, zone boundary lines, dimensions, and buildings present or proposed, and buildings on adjacent properties and distance from subject property. If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. The sign purchased from the Planning Department must be displayed on the property at least I,- days prior to the public hearing in a location visible from all abutting streets. The applicant, or a representative, must be present for the public hearing. The time, date and place of the hearing will be advised by mail. Inquiries on this application may be directed to the Planning Department or Building DepartmE at the South Windsor Town Hall. PLICANT Harold R. Cummings, Michael J. T,anZa . T rPaullius ILING ADDRESS 1665 Ellington Road South Windsor CT 06074 NER OF RECORD OF PROPERTY IN QUEST IONCharles B. Shepard and Robert M. Finch CATION OF PROPERTY IN QUESTION 1610 Ellington. Road South Windsor CT 06074 NE OF PROPERTY IN QUESTION RR (Rural Residential) .ECK ONE OF THE FOLLOWING: 4. 1.2, 4. 1.5, REQUEST VARIANCESTO SECTIONS'_ OF THE ZONING REGULATIONS TO ALLOW Professional Offices in a. rural residential :one, :o allow a 15 foot square sign, and to allow 43 foot front yard.. OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR OR TEMPORARY AND CONDITIONAL PERMIT FOR OR AN APPEAL FROM THE ZONING OFFICER'S DECISION INVOLVING corpora ion, suamzt a list of officers. If co—partnership, submit a list of owners) . Harold R. Cummings, Michael J. Lanza, Lorraine R. Pa.ulhus .s the applicant owner, lessee or prospective tenant? prosnect ve owner ire there any liquor outlets within the restricted area? NO :If yes, submit a list of the liquor outlets, their locations and distances from the propert, in question.) 's this property within 500 feet of another town line? NO sate clearly the unusual hardship or exceptional difficulty that prompts this application, .nd indicate why other options are unacceptable. (Use a separate sheet of paper if necessar:_ The applicants request three variances. The first request is for a variance to Section 4 1 2 which allow professional offices as home occupations in a rural residential zone, provided that the professional reside on the premises and that there be no more than one non resident employee. Applicants request a variance to allow professional offices at 1610 Ellington Road without the requirement that there be a resident on the premises and also, to eliminate the restriction PG to the number of employees. The house is located within 43 feet of a heavily traveled road (Route 30 - Ellington Road) . The property is bordered on the west by the ConnPrtirnt T,inh*- and Power Company Right o7 Way and is in close proximity to the restricted commercial zone to the east and also to a restricted commercial zone to the south. Plans are presently on file in the Town fall for intensive development of the restricted commercial zone to the southeast. The prior iwner of the property, Mr. Steven Williams, Jr. and the present owners of the property, Mr. Charles 3. Shepard and Mr. Robert M. Finch have had the premises on the market for sale for almost a Tear. In that time, the only serious offers which they have received for the purchase of the 5roper y involve conversion of the premises to retail sales. The applicants claim hardship in '.hat the growing commercial nature of the neighborhood and the increased traffic on Ellington Road lave eliminated reasonable residential use ot the property. At the same time,—In Erie even a :he Board grants the requested variance to- allow professional offices, the applicants would execute and record on the land records, a Declaration of Restrictive Covenants in tavor ot the South Windsor Land Trust which would further secure the continued maintenance of the property as residential in character. ated this _ 8th/ day of AUril g 19197 )WNER: C a sbnepar (Signature) Robert M. Finch .PPLICANT: (G; Cumm ngs, Michael Lan ,$nature) Lorraine R. Paulhus ACTION OF THE BOARD at the meeting held on GRANTED DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . APPLICATION FOR T 0 W N O F S O U T H W I N 0 S 0 R TO BE COMPLETED B7 BOA ZONING BOARD OF APPEALS Filed . . . . . .to.A.T•c•, • Fee . . . . . . . . . . . . . ?ORT1uXT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being Receipt No. . . . . . . . . . heard at the next meeting. L ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE TURNED IF INCOMPLETE. The application and supplements must be filed in duplicate. The application must be typewritten or printed in ink. A Class D or better survey of the property in question must be submitted with the applicatior showing streets, lot lines, building line, zone boundary lines, dimensions, and buildings present or proposed, and buildings on adjacent properties and distance from subject property. If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. The sign purchased from the Planning Department must be displayed on the property at least 1C days prior to the public hearing in a location visible from all abutting streets. The applicant, or a representative, must be present for the public hearing. The time, date and place of the hearing will be advised by mail. Inquiries on this application may be directed to the Planning Department or Building Departme at the South Windsor Town Hall. PLICANTHarold R. Cummings Michael T Lanza. To--ra 'nP R Paulb,,s ILING ADDRESS 1665 Ellington Road South Windsor CT 06074 NER OF RECORD OF PROPERTY IN QUEST IONChar)es B. Shepard and Robert M. Finch - CATION OF PROPERTY I:I QUESTION 1610 Ellington. Road South Windsor CT 06074 NE OF PROPERTY IN QUESTION RR (Rural Residential) ECK ONE OF THE FOLLOWING: 4. 1.2, 4. 1.5, _ REQUEST VARIANCESTO SECTIONS 5,2 OF THE ZONING REGULATIONS TO ALLOW Professional_ Offices in a. rural residential zone, to allow a 15 foot square sign, and to allow 43 foot f-ont yard.. OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR OR TEMPORARY AND CONDITIONAL PERMIT FOR OR AN APPEAL FROM THE ZONING OFFICER'S DECISION INVOLVING If Corporation, submit a list of officers. If co—partnership, submit a list of owners) . Harold R. Cummings, Michael J. Lanza, Lorraine R. Pa.ulhus s the applicant owner, lessee or prospective tenant?__nrosnective owner _re there any liquor outlets within the restricted area? No If yes, submit a list of the liquor outlets, their locations and distances from the properz. in question.) s this property within 500 feet of another town line? NO tate clearly the unusual hardship or exceptional difficulty that prompts this application, nd indicate why other options are unacceptable. (Use a separate sheet of paper if necessar_ The applicants request three variances. The first request is for a variance to Section 4. 1.2 which 3.110w professional offices as home occupations in a rural residential zone, provided that the .3rofessional reside on the premises and that there be no more than one non resident employee, pp scants request a variance to allow professional offices at 1610 Ellington Road without the requirement that there be a resident on the premises and also, to eliminate the restriction :o the number of employees. The house is located within 43 feet of a heavily traveled road ,Route 30 - Ellington Road) . The property is bordered on the west by the Connerrir„r T.ioht- n"A lower Company Right o Way and is in close proximity to the restricted commercial zone to the east ind also to a restricted commercial zone to the south. Plans are presently on file in the Town _ fall for intensive development of the restricted commercial zone to the southeast. The prior )wner of the property, Mr. Steven Williams, Jr. and the present owners of the property, Mr. Charles S. Shepard and Mr. Robert M. Finch have had the premises on the market for sale for almost a rear. In that time, the only serious offers which they have received for the purchase of the >roper y involvea conversion of the premises to retail -s--ales. The applicants claim hardship in :hat the growing commercial nature of the neighborhood and the increased traffic on Ellington Road lave eliminated reasonable residential use ot the property. At the same time, in Me even a :he Board grants the requested variance to- allow professional offices, the applicants would execute and record on the land records, a Declaration of Restrictive Covenants in tavor ot the >outh Windsor Land Trust which would further secure the continued maintenance of the property 3s residential in character. ated this _ 8th day of April 1997 IWNER: Char -B'. a rd (Signature) Robert M. Finch PPLICANT#Old R. Cummings, Mic ael J. Lanw,gnature) Lorraine R. Paulhus ACTION OF THE BOARD at the meeting held on _ GRANTED DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . CONTINUATION OF STATEMENT OF HAROLD R. CUMMINGS, MICHAEL J. LANZA, & LORRAINE R. PAULHUS IN SUPPORT OF REQUEST FOR VARIANCES, 1610 ELLINGTON ROAD, SOUTH WINDSOR In addition, land to the north and west of the premises would be deeded to the South Windsor Land Trust so that the property would be totally surrounded by South Windsor Land Trust Land. A copy of the proposed Declaration of Restrictive Covenants is attached to this application. The applicants request variance to Section 4. 1.5 to allow a sign of 15 square feet (12 square feet allowed) . In the event that the requested variance to Section 4. 1.2 is granted, the applicants would propose to relocate their existing Kuehn, Cavanaugh & Cummings, P.C. sign at 1665 Ellington Road to 1610 Ellington Road. Applicants request variance to Section 5.2 to provide for 7 foot front yard variance so that the established front yard for the premises at 1610 Ellington Road South Windsor, Connecticut would be 43 feet rather than the 50 feet required by the regulations. The house was constructed in 1740 and long predates zoning. In the event that the variazceto Section 4.1.2 is granted, the applicattoo m oseto build an addition to the premises. Theyimediately plan a proposed addition/and a contemplated future addition to the existing barn are shown on the survey map submitted with this application. The applicants claim hardship in that the existing house was constructed long before zoning regulations were in effect, and over the years, the highway has been widened so that the road has come closer to the house. If the requested variance as to front yard is granted, then the house would be a conforming structure, a 43 foot front yard being the established front yard for the property. In the event that the Zoning Board of Appeals grants the three variances requested, the applicants would still be required to file a site plan with the South Windsor Planning and Zoning Commission. The applicants would propose to relocate their law firm from 1665 Ellington Road to 1610 Ellington Road South Windsor, Connecticut. The applicants contend, that the granting of the proposed variances would maintain the character and integrity of the neighborhood and would allow the property to be an ideal buffer between the growing commercial use the properties to the east and south and the residential properties to the west. The Restrictive Covenants in favor of the South Windsor Land Trust, which would be the abutting property owner on three sides, would further serve to ensure that the residential character and colonial nature of the exterior of the property was maintained. TOWN OF SOUTH WINDSOR 72 7 ZONING BOARD OF APPEALS Received from ------ I-r-o- ......C_UMMj_jj: K of ---------------JLELL5---E-I-Li-n ----------------------------------------------------- Dollars fee for a hearing before the Zoning Board of Appeals. This hearing is to cover application number --1'j'-3dz=fLj--------------for--var-la-nze-a---ta--Ef�r' 4j ---Z-Qa-a......La-3-1-L w 5 2�---a1 146 L j----s4l-I-QA--r 1 QJQ f y-a `'''---------------------------------- Dated at South Windsor, Conn., this......2.4--------------- day of------Apr-J-1-------------------------------------19-11.- S d- L igne -------- -------- SECRETARY 4 John Borisewich 1571 Ellington Rda South Windsor, CT 06074USA 22 i Town Of South Windsor Zoning Bcard Of Appeal 1540 Sullivan Avenue South ',1ind3or, CT C6074 3 Cl John 8orisew-;ch 1571 Ellington Road South Windsor, [T 08074 Town Of South Windsor Zoning Board Of Appeals 1540 Sullivan Avenue South Windsor, CT 06074 Re: Herold R* Cummings, Michael Jw Lanza &. Lorraine R, Paulhus Professional Offices, 1665 Ellington Road, South Windsor, CT 06074 Applioationo Gentlemen: I am A Neighbor of the above reference Proportyv and am in favor of allowing the requested Professional Offices, for the following reasons: 10 South Windsor noedo additional Commercial Development to attain a higher ratio of Commercial and Industrial taxsblo Properties to alleviate the Residential Tax Load* 2~ The proposed Professional Offices would blend into the colonial nature of the Area. 34 There would be no traffic problems as the Offices would be on an existing major thoroughfare* 4° Office operation is of a tranquil nature without any exterior noises or turbul?ine° 5w 7he Appli::ants are now located near Residences and have not oauned any inoompatability with the neighbors� or the Area* I trust the foregoing to be informative" thank you for your attention in this mattar# Raopnctfully» ` John Borisewioh Dated: 5/1/87 I, THOMAS MURRIN CHAIRMAN , of the South Windsor Zoning Board of Appeals , hereby certify that on MAY 7, 1987 the Zoning Board of Appeals granted to HAROLD R. CUMMINGS, MICHAEL J. LANZA LORRAINE R. PAULHUS a variance to Sections 4.1.2. of the Zoning Regulations TO ALLOW PROFESSIONAL OFFICES IN A RR ZONE AND & 5.2 TO ALLOW LESS THAN THE REQUIRED FRONT YARD SMACK on premises located at 1610 ELLINGTON ROAD, SOUTH WINDSOR and more particularly bounded and described as follows : NORTHEASTERLY: by land now or formerly of Harmony D. Bolstridge, one hundred r fifty-eight and forty-two one-hundredths (158.42) feet; ` SOUTHEASTERLY: by land now or formerly of David B. Webster, eighty-four and eighty-three one-hundredths (84.83) feet; NORTHEASTERLY AGAIN: by land now or formerly of said David B. Webster, two hundred fifty-two and twenty-seven one-hundredths (252.27) feet; SOUTHEASTERLY AGAIN: by land now or formerly of the South Windsor Land Conservation Trust, Inc., three hundred eight and forty-two one-hundredths (308.42) feet; SOUTHERLY: by Ellington Road, five hundred ninety-seven and thirteen one- hundredths (597.13) feet; and SOUTHWESTERLY: by land now or formerly of The Connecticut Light and Power CompanF. , five hundred forty-six and ninety-six one-hundredths (546.96) fer�'J\ Being all of Parcel "A" Area - 8.302 Acres as shown on said map excepting therefromi:1 •�that piece or parcel conveyed by Martha E. Williams to the South Windsor Land l Conservation Trust, Inc. by deed dated September 30, 1976 and recorded in Vol. 214;;) Pg. 280 of the South Windsor Land Records, leaving 4.542 acres with improvemonta thereon. f OWNER OF RECORD: SHEPARD. CHARL.ES 13. 2 FINCH, ROr ERT M. Dated at South Windsor, Connecticut this 11 dayof MAY 19JU . V 0 G BOARD OF APPEALS PUBLIC ACT # 75-317 Received for Record this day of 19 at ATTEST : TOWN CLERK t0wN SE, y r o sa� a t.>u i 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR-COr AREA CODE 203/644-2511 May 11 , 1987 Mr. Harold R. Cummings CERTIFIED MAIL Mr. Michael J. Lanza Ms . Lorraine R. Paulhus 1665 Ellington Road South Windsor, CT 06074 Dear Mr. Cummings , Mr . Lanza, & Ms . Paulhus : This is to notify you that the Zoning Board of Appeals has voted to grant your request for a variance to Section 4. 1 . 2 and Section 5 . 2 of the Zoning Regulations to allow Professional Offices in a RR Zone and to allow less than the required front yard setback on property located at 1610 Ellington Road, South Windsor . In granting this variance the Board noted that the property was no longer useable as residential property and that this variance is subject to the Declaration of Restriction and Protective Covenants and Conservation Easement as submitted with your application. It was noted that you withdrew your request for a variance to Section 4. 1 . 5 . of the Zoning Regulations to allow a 15 square foot sign and that you may resubmit a new application for that variance with more information concerning the sign. This action will take effect May 22, 1987 and upon your filing of the enclosed form in the Town Clerk' s Office at your own expense. I Very truly yours, Thomas Murrin, Chairman Zoning Board of Appeals TM:srd CONTINUATION OF STATEMENT OF HAROLD R. CUMMINGS, MICHAEL J. LANZA, & LORRAINE R. PAULHUS IN SUPPORT OF REQUEST FOR VARIANCES, 1610 ELLINGTON ROAD, SOUTH WINDSOR In addition, land to the north and west of the premises would be deeded to the South Windsor Land Trust so that the property would be totally surrounded by South Windsor Land Trust Land. A copy of the proposed Declaration of Restrictive Covenants is attached to this application. The applicants request variance to Section 4. 1.5 to allow a sign of 15 square feet (12 square feet allowed) . In the event that the requested variance to Section 4. 1.2 is granted, the applicants would propose to relocate their existing Kuehn, Cavanaugh & Cummings, P.C. sign at 1665 Ellington Road to 1610 Ellington Road. Applicants request variance to Section 5.2 to provide for 7 foot front yard variance so that the established front yard for the premises at 1610 Ellington Road South Windsor, Connecticut would be 43 feet rather than the 50 feet required by the regulations. The house was constructed in 1740 and long predates zoning. In the event that the variazceto Section 4. 1.2 is granted, the applicanttopmopeto build an addition to the house premises. Theyimediately plan a proposed addition/and a contemplated future addition to the existing barn are shown on the survey map submitted with this application. The applicants claim hardship in that the existing house was constructed long before zoning regulations were in effect, and over the years, the highway has been widened so that the road has come closer to the house. If the requested variance as to front yard is granted, then the house would be a conforming structure, a 43 foot front yard being the established front yard for the property. In the event that the Zoning Board of Appeals grants the three variances requested, the applicants would still be required to file a site plan with the South Windsor Planning and Zoning Commission. The applicants would propose to relocate their law firm from 1665 Ellington Road to 1610 Ellington Road South Windsor, Connecticut. The applicants contend, that the granting of the proposed variances would maintain the character and integrity of the neighborhood and would allow the property to be an ideal buffer between the growing commercial use the properties to the east and south and the residential properties to the west. The Restrictive Covenants in favor of the South Windsor Land Trust, which would be the abutting property owner on three sides, would further serve to ensure that the residential character and colonial nature of the exterior of the property was maintained. O SCHEDULE B DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS AND CONSERVATION EASEMENT WHEREAS, Charles B. Shepard and Robert M. Finch (hereinafter referred to as "Owners") are the owners of that certain piece or parcel of land, situated in the Town of South Windsor, County of Hartford, and State of Connecticut, known as 1610 Ellington Road, South Windsor, Connecticut, (hereinafer the "Premises") as more particularly described on Schedule A attached hereto and incorporated herein by reference; and WHEREAS, the Owners desires that said land together with an buildings and improvements now existing or to be be constructed thereon in the future are hereafter maintained or constructed in a colonial, traditional design, so as to preserve the character and integrity of the property as a traditional , colonial , historic property; and WHEREAS , the Owners further desire to place certain restrictions upon said premises, which restrictions shall run with the land in favor of the South Windsor Land Conservation Trust, Inc. the owner of premises adjoining said parcel ; and which shall be binding upon the owners, their heirs, successors, executors, administrators and assigns forever, and on an mortgages secured by the same; and WHEREAS, the Owners agree to submit said premises to these restrictions as hereinafter set forth in favor of the said South Windsor Land Conservation Trust, Inc., its successors and assigns in perpetuity; NOW THEREFORE, the Owners, for the benefit of themselves, their heirs, successors, and assigns, and in order to create a uniform plan of development, and for the purposes of carrying out the intent of these restrictions as above set forth and in consideration of the covenants set forth herein, which shall be real covenants running with the land and binding upon all purchasers, owners and mortgagees, and any purchasers, owners, or mortgagees of any portion of said premises , their heirs , executors, administrators, successors, and assigns. FIRST: These covenants shall be binding upon all parties and all persons claiming under them as hereinbefore set forth, for a period of thirty (30 ) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10 ) years each unless, an instrument, Q signed, and properly executed by the South Windsor Land Conservation Trust, Inc. has been recorded agreeing to a change in these covenants in whole or in part (which change shall be effective upon recording on the South Windsor Land Records). SECOND: If the parties bound by said covenants, or any of them, or their heirs, executors, administrators, successors and assigns, shall violate any of said covenants, it shall be lawful LAW OFFICES for the South Windsor Land Conservation Trust, or any other ,UEHN,CAVANAUGH , :ND CUMMINGS, P.C. 1 1665 ELLINGLON ROAD SOUTH WINDSOK CI 06074 (203)644-3473 person or persons or entities, as successors to said South O Windsor Land Conservation Trust , Inc. , to prosecute any proceedings at law or in equity including without limitation a claim for injunctive relief against the person or persons violating or attempting to violate any such covenant, and to prevent such violations or to recover damages or money damages for such violation(s). Invalidation of any of the covenants herein contained by Judgment or court order shall in no manner effect any of the other provisions which shall remain in full force and effect. THIRD: Notwithstanding the uses which may be allowed within the zone in which these premises are located, no retail sales of merchandise or goods shall be conducted on the premises. The commercial use of the premises shall be limited to professional offices (offices for Doctors, Lawyers, Accountants, and similar general office purposes ). No other commercial use shall be allowed upon the premises for other than such types of offices without the express prior written consent of the South Windsor Land Conservation Trust, Inc., which consent may unreasonably witheld. FOURTH: No new structures shall be built upon the premises nor any existing structures modified except, that the external appearance of said structures shall be colonial in design (i.e. colonial , cape , farmhouse ) which shall be consistant in character with and have the appearance of such colonial style buildings, including, out buildings, barns, and the like. No buildings may be constructed on the premises or existing buildings modified, as to the exterior, except upon prior approval of the plans for such buildings and exterior modifica- tions , in advance , in writing, by the South Windsor Land Conservation Trust, Inc. While, the approval of the South Windsor Land Conservation Trust for such exterior changes or new construction as allowed in Article FIFTH shall not be unreasonably withheld, such construction or modifications shall preserve the historic appearance of the premises and shall be consistant with the colonial character of the property. In addition, excessive development or overcrowding of the premises is to be avoided and any parking areas or appurtenances to such commercial office use shall be appropriately screened so as to preserve the exterior, colonial appearance of the property. No sale of alcoholic beverages or repair or servicing of motor vehicles shall be allowed on the premises. FIFTH: While the approval of the South Windsor Land Trust under Article FOURTH above will not be unreasonably witheld as to Q an addition of up to 30'x 40' to the existing house and $®'x 40' to the existing barn on the premises, its approval may be unreasonably witheld as to any further additions to said buildings or as to the construction of any additional buildings on said premises. SIXTH: All trash must be kept in sanitary containers, out of view from the street and adjoining lots. LAW OFFICES .UEHN,CAVANAUGH 2 ,No CUMMINGS, P.C. IG65 ELLINGTON ROAD `,OUTH WINDSOR,CT 06074 (203)644-3473 r SEVENTH: No structures of a temporary character,trailers, 0 tents, shacks,or other similar buildings shall be constructed or used on the premises. EIGHTH: The exterior coloring of all buildings and out buildings and appurtenances placed on the premises shall have colonial tones which are inkeeping with the surrounding. NINETH: All plans which are to be submitted in writing for action by the South Windsor Land Conservation Trust, pursuant to the terms of these restrictions shall be reviewed and acted upon by the said Trust within sixty (60 ) days of such submission in writing. Failure of the South Windsor Land Conservation Trust, Inc. to take action on such plans within sixty (60 ) days of the receipt of the same in writing, shall be deemed an aproval of the plans. TENTH: Any signs to be placed on the premises shall be tradiitonal in design and shall be approved, in writing, prior to the installation of the same, by the South Windsor Land Conservation Trust, Inc. ELEVENTH: No dumping or placing of substances or material such as land fill , or dumping or placing of trash, ashes, wastes, rubbish, junk, garbage, or unsightly or offensive materials shall be allowed on the premises. TWELFTH: No removal or destruction of live trees, shrubs or natural vegetation, killing of wildlife, or any other activity or use detrimental to drainage , • flood control , water conservation, erosion control , soil conservation or wildlife shall be allowed, except as are reasonable and necessary to the construction of such improvements as approved in writing by the South Windsor Land Conservation Trust, Inc., as provided in Article THIRD above, and as are reasonably necessary to carry out such allowed improvements. The owner of the premises shall make every reasonable attempt to maintain the land in as natural, open and scenic a condition as is possible, consistant with the use of the premises as set forth above. THIRTEEN: There shall be no excavation, dredging, or removal of loam, peat, gravel , soil , rock or other mineral substances, except as are incidental to the construction of any prior approved improvements to the premises as provided above. 0 ' LAW OFF ICES �JEHN,CAVANAMI 3 ivD CUMMINGS, P.C. !665 ELLINGTON ROAD BOOTH WINDSOR,CT 06074 (203)644-3473 0 IN WITNESS WHEREOF, the Grantor and Grantee have hereunto set their hand and seals this day and year first above written. Signed, Sealed and Delivered GRANTEE in the presence of : SOUTH WINDSOR LAND CONSERVATION TRUST, INC. By Robert M. Finch, President GRANTORS Charles B. Shepard Robert M. Finch STATE OF CONNECTICUT) ) ss. South Windsor COUNTY OF HARTFORD ) April , 1987 Personally appeared, CHARLES B. SHEPARD, and ROBERT M. FINCH, as aforesaid signers of the foregoing instrument, and acknowledge the same to be their free act and deed, before me. Harold R. Cummings, Commissioner of the Superior Court STATE OF CONNECTICUT) ) ss. South Windsor COUNTY OF HARTFORD ) April , 1987 Personally appeared, ROBERT M. FINCH, signer and sealer of the foregoing instrument and acknowledged the same to his free act and deed as such President and the free act and deed of said Corporation, before me. Harold R. Cummings Commissioner of the Superior Court 0 I AW OFFICFS UEHN,CAVANAUGH ND CUMMINGS, P.C. 1665 ELLINGTON ROAD 4 SOUTH WINDSOR,CT 06074 (203)644-3473