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HomeMy WebLinkAboutSubdivision/Special Exception (7) TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMSSION APPLICATION FORM SE C [ ' Application No: Official Receipt Date: —� � 3 �90 ,. �V Receipt No: 0 APPLICANT: ADDRESS: o ©IOC j Ytt�J (�pl GlQJ4Zq,,GW!�j CT ©C¢©-33 OWNER OF RECORD ON LAND RECORDS:: ,k 1 V /A2 61- 970--V FE , L_ L- C ADDRESS: 30 o tc( c,7- 0G0 -3-3! COMPLETE LOCATION OF PROPERTY: fC�.!/►yrL �tEs �I,�' jrx�r-�E- �f, `( ASSESSOR'S MAP# /() p + PARCEL # / ZONE /` NAME, ADDRESS, TEL& FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: I-hW4 Eiy eE A � )1--(4-fV 30 o/oC 6;!�.f76,-�� err C&O 3 860 6 33 C 70 3 7 P60 A77 3,i4- THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) Er Subdivision EMinor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Approval Special Exception to Article (Public Hearing, Certified letter to abutters required) ❑ Site Plan of Development ❑ General Plan of Development ❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required) ❑ Regulation Amendment: ❑ Zoning ❑ Subdivision (Attach proposed amendment) Temporary and Conditional Permit for ❑ Major Home Occupation for ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. A4VO JA IJAJ&� ature of Applicant Signature o operty Owner n C✓ - - NIX (�s, (See reverse side for additional informatio A 03/22/1999 11: 56 8606447280 SOUTH WINDSOR PAGE U1 TOWN OF SOS WINDS®R CHECKLIST OF REQUIRED SUBMISSION DOCUMENTS SUBDIVISI0NS/RESUsj)MSI0NS APPLICAN-r L�"-fw cf PROJECT NAME wcrd>S 1"hls checklist must be signed by plan preparer(P.E/L.$)declaring that all.required information Is provided. Place a check mark for each item supplied. Su iuisl n Miner Regular I. PROJECT-PLOT INFORMATION A. General Information 1- Appl, & owner name, address x 2. Engineer& land surveyor name, address, license no. &seal x x d✓ 3. Key map at 1" = 100°scale showing location of tract with reference to surrounding properties, streets, municipal boundaries, etc., within 500'. Key map must Include: x X a. Outline of buildings. b. Layout.of streets - . C. Surrounding property boundaries-within 500 feet. d. Names of abutting property owners, e. Proposed open spaces and recreation areas, f. Driveway cuts on abutting properties and any properties across from proposed site Post-its Fax Note 7671 Date p� q► 7'® From; , GOIDaGt. C, tea. Fax 4b `Cf r!r Fax# 03/22/1999 11:56 6606447280 SOUTH WINDSOR PAGE 012 Subdivialon Minor Regular 9• Distance to and name of nearest intersection street. 4. A schedule of required and provided Zoning district requirements including lot area, lot frontage, lot depth,yard setbacks, open space. variances granted, etc, x x ✓5, North arrow and scale. x x L/6. Appropriate certification block, x x 7. Date of original drawing and all revisions. x x S. Name of development. x x B. Plot plan at I":= 40t scale an standard 18"x 244 or 24"x 36"sheets with a 1/2- ruled margin containing the following data. Developments which require more than two 24" x 36" sheets may submit the plot plan at 1,, 100'scale. x x / 1. Metes and bounds description showing dimensions, bearings, curve data, length of tangents, radii, arcs, chords, and central angles for all centedines and rights-of-way, and Centerline curves on streets. Monuments are,jegpired at corners and angles of all new streets ,and new street lines, at all points of curvature and tangency, and at critical corners and angles of all new Town opera space.- Coordinates for monuments shall be In tabular form, x x 2. CGS datum shall be used on all subdivisions accessible to controls. The Town Engineer shall determine the accessibility of these controls. �I Lot layout numbers, square footage of all lots, and all lot dimensions. Iran pins are required at all property angle points, No lots shall be divided on 2 sheets. x x 4. Yard setbacks dimensioned, x x 5. Easements, noting grantors, grantees and purpose. x x . M3/22/1939 11: 56 8606447280 SOUTH l.-JINDSOR PAGE 03 ' U diVlSi inor&guia 6. Development phasing, if proposed. x x 7. Names of abutting Property.owners, x $, Proposed street names (use approved list of names). x x nJ J. All open space reserved for common or public uses, x x v10. Appropriate A-2 certification & lS seals. x x II Topographic map at same scale as plot plan containing all data included on the plot plan plus the following; --- 1. All existing structures, streets, wetlands and existing watercourses, or other environmentally structs sensitive areas, including endugh data streets x beyond property boundaries to allow a wetlnds reasonable evaluation of the property's fidpin ecological relationship tD surrounding areas, 100 yr. floodplain. x 2. Existing and proposed contours to extend a sufficient amount beyond subject x property, to determine the effects on the property as follows (town mapping); 100, x up to 3% grades 1'contour interval 31!o grade&over; 2'contour Interval 3. Boundary limits, nature, and extent of wooded areas, specimen trees, and other significant physical features, x x 4. Existing system of drainage of subject site and of any larger tract or basin of which It is a part (Mn use Town stormwater x x study), -5. Drainage area map. x 6. Drainage calculations x - 7. Perc test data, preliminary indication of septic system feasibility if individual sanitary sewerage systems provided. x • 03/22/1999 11:56 8606447280 SOUTH WINDSOR PAGE 04 a�tll�d_ fV,�n Minor Regular �• Proposed utility Infrastructure plans, including sanitary sewer. water, storm water managemen * x 9. Spot and finished elevations at all property comers, comers of all structures or dwellings, or proposed first floor elevations x x 10. Construction details (per standard sperm.) x �1. Road and paving cross-sections (per,. standard specs), ,-i v-e c,<,> * X Alit 12. Proposed street names. x x 13. Landscape plan and details. x x 14. Site identifications signs, traffic control signs, and directional signs. x ,5. Sight triangles at new road intersections. x 16. Sight triangles at driveway entrance x (where there may be a question).. x - 17. Vehicular and pedestrian circulation patterns (less detail necessary for preapplicadons, concept plan, and general plan of development. x III . Plans and profiles (1"= 40'horizontally and V = 4'vertically) showing the foilowing: x a. Layout of streets in sections coordinated by stations with the profile, x .�_ b. Street plan showing roadways, drainage, and partial lot lines x 03/22/1939 11: 56 8606447280 SOUTH WINDSOR PASSE 05 U dIYA pn Min-Or Re Aar c. Pror~ile of roadway showing existing and finished grades, all tangent grades, and all vertical curve irformaton x d. Profile will show all catch basins and all drainage lines between catch basins with all invert and top of frame elevations. Drainage Pipe material to be described. x e. Typical/critical cross-sections where grading is outside street right-of-way or is at street right of-way. x -- f. Where any storm drainage line discharges into an existing brook, sufficient profile of this brook will be shown to determine conditions. x — g. Profiles shall show all sanitary sewer lines and manholes, Including pipe material, elevations, sites, lengths, and slopes of pipes. lop of foundation elevations for habitable buildings shall be shown, x 15. Traffic report(lay traffic engineer) , — 16- Open space site improvement plan. x — 17. Architectural elevations/information per Sect. 4.20 of the zoning regulations * - if required by Town Engineer ALL INFORMATION REQUIRED ABOVE IS,INCLUDED IN THIS APPLICATION AT THE TIME OF SUBMISSION. Plan Preparer(PE/ Date 41- �f June IB, 1998 6-0 IVI 6(J/�,t� -C-7----- 0(:�o-7 _ /° -- PO &x 7 L7da 2-3 e4xf,-L Alf _ II 060-7¢ o --- GCS c-Z 4- 3S /7arQ �u � LAWRENCE A. FIANO Home Builder/Developer 30 Old Trail Road Glastonbury, CT 06033 Home Improvement Contractor - Registration# 00558937 Bus. (860) 633-6703 ' FAX (860) 645-9147 Message Display Pager: 1-800-279-3150 PIN# 91297 Digital Pagq --__(860) 279-3994 June 3, 1999CR Re: Hidden Woods Subdivision, rtil,hill Road, S. Windsor, CT; c Owner: Living Stories LLC; *D=3;:�cation for Subdivision and Special Exception to\dyide p�r rty into two rear lots �v ` Dear Abutting Property Owner, In accordance with section 4 . 6.1 of the Town of South Windsor Zoning Regulations, you are required to be notified that an application has been filed pertaining to the above referenced property (which abuts your property) , and that the application is subject to a hearing by the Planning & Zoning Commission. The application and plans are on file with the South Windsor Planning Department. The application filed uses plans that were approved last year but which were not recorded. As an abutting property owner you are invited to the hearing to ask questions and to give comments, however, you are not required to attend. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard, please contact Michele Lipe, Assistant Director of Planning at 860 644-2511 Ext. 253 . Fawrence rely, A. Fiano, ' Applicant LAF/lmh <ow N aft o . s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 '�OSOR.co TELEPHONE(860) 644-2511 NOTICE OF VIOLATION CERTIFIED MAIL Mr. Stephen Eckhouse July 6, 2001 105 Mohegan Trail South Windsor, CT 06074 LOCATION: Hidden Woods Suhdivision — Dart Hill Road Dear Mr. Eck-house: ZONE: RR Rural Residential TYPE OF VIOLATION: Failure to install and maintain proper erosion controls as per the approved plan associated with the construction of the residential subdivision known as Hidden Woods. Specifically, erosion controls preventin- sediment migration onto Dart Hill Road, the town storm sewer system, neighboring properties, and town wetlands and watercourses. The situation as it exists is likely to directly impact adjacent wetlands and watercourses, town and private property. The deadline of July 4, 2001 has passed with none of the required .work accomplished CORRECTIVE ACTION REQUIRED: Immediately remove accumulated material from behind existing erosion controls and repair erosion controls. Re-grade existing slope and smooth rills present on the slope. Add two additional cross-slope harriers between existing barriers to further slow stormwater runoff. Failure to comply with the terms of this notice by Wednesday July 18, 2001 will result in the issuance of a cease and desist order. and possible revocation of the subdivision permit. No building permits will be issued by this office until the above mentioned work is completed. If you have any questions regarding this matter, feel free to contact me at 644-2511, ext. 229. Sincerely, (2*-k4 Jeffrey H. Forger Zoning/Wetland Enforcement 01'Fice;, CC: Director of Planning Town Attorney Town Engineer CI Ilef Building Official Hidden Woods Subdivision Renewal— 7/13/99 1. Request for subdivision renewal due to expiration of the statutory time frame to file mylars on the land records. The PZC approved a special exception approval and subdivision for two interior lots on Dart Hill Road, RR zone on 1/13/98. 2. The requirements for the interior lot in the RR zone include: 80,000 sf minimum lot size and 263 feet minimum lot width. The proposed interior lots meet these requirements. 3. Access to the interior lot is proposed via a common driveway within an existing 50' right-of-way from Dart Hill Road. The interior lot will be serviced by public sewer and wells and WPCA approval was granted. 4. There are no regulated wetlands on the proposed lots. Conservation approval was obtained from IWA/CC on November 19, 1999 with a $2,000. 5. Engineering has requested a bond in the amount of$3,5000 be established for subdivision improvements. If this subdivision is approved, the planning department has no modification to request. All of the engineering comments have been previously addressed. Il S�wN a�'1 O � V4C SOULII, 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786 SOR-co� AREA CODE 860/644-2511 FAX 860/644-3781 August 3, 1999 CERTIFIED MAIL Mr. Lawrence Fiano 30 Old Trail Rd. Glastonbury, CT 06033 Dear Mr. Fiano: Re: Appl #99-38P, Hidden Woods Subdivision We are pleased to advise you that the Planning & Zoning Commission voted on July 20, 1999, to approve with modifications application#99-38P, Resubdivision to create two (2) lots to be known as "Hidden Woods Subdivision" on property located on the east side of Dart Hill Rd. south of Neiderwerfer Rd., RR zone as shown on plans prepared by Aeschliman Land Surveyors, project# 97071-1 and revised through 8/7/97. This approval is subject to the following modifications: 1. This approval is for 2 lots, numbered 1 and 2. 2. Drainage and construction for this subdivision is subject to the approval of the Town Engineer. 3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 4. Water shall be supplied to this subdivision by wells. 5. A liability insurance policy shall be submitted to this commission naming the Town of South Windsor as an insured, with a combined single limit for bodily injury and/or property damage in the amount of$1,000,000. 6. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of$2,000. 7. Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff. 8. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. I 9. All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision, must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space, public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney. 10. Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains. No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer. 11. If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy. 12. The Town Engineer has recommended a bond in the amount of$3,500 for subdivision improvements. All bonds shall be posted prior to filing the plans. If the developer chooses to submit a Letter of Credit for one-year term, in lieu of a surety bond, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option call the Letter it is holding. 13. A drainage assessment fee in the amount of$100 shall be submitted to this Commission. 14. No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office. 15. All previous approval conditions from the 1/13/98 approval remain in effect Black and white transparent mylars of Sheets # 2with the above modifications, together with three blueprint copies of the entire set of plans (including architectural elevations) must be submitted to this Commission within 30 days to be stamped and signed. The letters of approval of this Commission, as well as the Inland Wetlands Agency/Conservation Commission, must be reproduced on the mylars. After mylars have been signed by the Commission, they will be returned to you for filing in the Office of the Town Clerk by October 22, 1999. After filing these plans, a copy of the receipt must be submitted to the Planning Department. Sincerely, � a4,,,e� Sue W. Larsen, Chairperson Planning and Zoning Commission LAWRENCE A. FIANO New Home Construction - Remodeling & Additions 30 Old Trail Road Glastonbur,v, CT 06033 Bus. (860) 214-4579 Fax (860) 645-9147 CT Home Impre.vement Contractor Reg. #00558937 , CT New Horne ConSt2-LICU011 Contractor Reg.#00264 AJ V -qO 4.:T VA CjZ3 r A-,'D 50 -*- 9 /IPFAI tttx)bS S�'Q VI S/Z)A) I )CSIM A PA M, IPA-Y F-- X-I"F-Ajsi6AJ //U c-OH 1(- 14 _gool-A)ike Y 0 C't R t EIVED' OCT 19 1999 SHIN WINDSOR PIRREONG Dip"I. T 0 KJ ON " I A W a0 " a ;:JMW -I 010. T T :3n1 GG - IS T - -LOG <Ow M aE7 GO 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786 ��OSOR•co�' AREA CODE 860/644-2511 FAX 860/644-3781 November 10, 1999 Lawrence A. Fiano 30 Old Trail Rd. Glastonbury, CT 06033 Dear Mr. Fiano: Re: Appl #99-38P, Hidden Woods Subdivision Please be advised that the Planning & Zoning Commission voted on October 26, 1999 to grant a 90-day extension for filing subdivision plans for the above-referenced subdivision in the Town Clerk's office. The original filing deadline was October 22, 1999; the new filing deadline is January 20, 2000. State statutes authorize one additional 90-day filing extension. If you wish to request an additional extension, please request in writing prior to that date. Sincerely, Sue W. Larsen, Chairperson Planning and Zoning Commission SWL/dlw dt4 t� ~ 70-uln 04C �• 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786 AREA CODE 860/644-2511 FAX 860/644-3781 January 26, 2000 Lawrence A. Fiano 30 Old Trail Road Glastonbury, CT 06033 Dear Mr. Fiano: Re: Appl #99-38P, Hidden Woods Subdivision Please be advised that the Planning and Zoning Commission voted on January 18, 2000 to grant a second 90=day extension to file mylars for the above-referenced subdivision in the Town Clerk's office. The new filing deadline is April 19, 2000. This extension is the final extension permitted under Connecticut General § 8-25. Sincerely, Walter J. Mealy, Chairman Planning and Zoning Commission WJM/dlw LAWRENCE A. FIANO New Home Construction — Remodeling& Additions 30 Old Trail Road Glastonbury, CT 06033 Bus. (860) 214-4579 Fax (860)645-9147 CT Home Improvement Contractor Reg. #00558937 - cr New Home Construction Contractor Reg. #002(A Planning and Zoning Commission Town of South Windsor 1540 Sullivan Ave, South Windsor, CT 06074-2786 FAX: 644-3781 ONE PAGE TOTAL Re: Hidden Woods Subdivision; Appl 499-38P Gentlemen/Ladies, Please accept this letter as a request for extension to file subdivision plans in regard to the above matter. I understand that this is the last extension available for this project. Thank you for your cooperation. nce ly, Lawrence A. Fiano LAF/lmb S e - .J 0 I - 30 " M Z-1 " -1 10z : 0 a nH -L 00 - 2 T - H " r r " F CES. CIVIL' ♦ ENVIRONMENTAL * SITE ENGINEERING 203 Boston Hill-Road Gerald E. Hardisty, P.E. i Andover; CT 06232 742=0364 HIDDEN WOODS SUBDIVISION DART HILL ROAD SOUTH WINDSOR CONNECTICUT F STORMWATER DRAINAGE AND IMPACT-CALCULATIONS The proposed subdivision consists'of two rear lots on a hillside east of and above Dart FMI Road. The land is moderately sloping and lightly wooded except in-the area of the.C,L&P power lines which run in a IOU wide easement through the site. Overland flow.of stormwater run-off from this parcel is probably minimal because of the ground conditions on this parcel, i.e.;wooded,undisturbed. Additionally, the drainage.can be defined by. three areas. The first drainage area contributes overland flow to the first catch basin aouth of the intersection of Dart Hill Road and Neiderwerfer Road. The second area will be picked up by the next catch.basin on Dart M Road-south of the first catch basin. The remaining area-of stormwater run-off moves overland in a south-westerly direction.- Due to the geography of the hillside, this runoff is spread outward over a large area near the Intersections of Dart Hill Road, . Ellington Road, and Fairview Drive. The overall impact'to the municipal stormwater drainage system by development of these two lots will-be very small. In the occurrence of a"10-year".storm event; the increase in peak discharge of, run-off to the.-first the catch basin will less than 0.6 cfs. Further, any bypass of the catch basin' may be picked up by the second catch basin which will actually have a slight decrease in expected flows due to a`small decrease in the contributing drainage area. The`remaining,area of overland, flow will also experience a slight increase in expected flows,but because it is spread over a wide range, and lies in such a way as to distribute the water(as opposed to collecting the water), we expect any impact to this area will be negligible. CES ENGINEERING SHEET NO. 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WITNESSETH : WHEREAS, Declarant is the owner of certain premises(the"Easement Area") entitled"Access&Utility Easement in Favor of Lot 2"as shown on a map or plan entitled "Subdivision Plan HIDDEN WOODS SUBDIVISION Prepared For LAWRENCE A. FIANO South Windsor, Conn. Aeschliman Land Surveying 345 Bell Street Glastonbury, CT 06033 (860) 659-4881 Date 8-7-97 Scale 1"=40' Map No. 97071-1 Sheet 2 of 4 Sheets Rev. 12-5-97 Rev. 12-29-97 Rev. 1-2-98 Rev. 2-6-98 Rev. 3-4-98", which map is to be filed with the Town Clerk of the Town of South Windsor and to which reference may be had, and which premises are more particularly bounded and described on Schedule A attached hereto and made a part hereof, and which Easement Area comprises a portion of Lot No. 1 as shown on the aforementioned map (hereinafter referred to as the"Burdened Lot"); and WHEREAS, Declarant does not desire to have Lots 1 and 2 as shown on the aforementioned map (the"Easement Properties")serviced by separate driveways, but rather to establish a mutual easement arrangement which will service the Easement Properties and which will provide ingress and egress to and from Dart Hill Road and provide a location for the installation of utilities to service the Easement Properties or any of the aforementioned lots individually; and WHEREAS, Declarant desires to establish this Declaration of Easement to create an easement on, over, under and through the Easement Area for the benefit of the Easement Properties; and WHEREAS, Declarant further desires to impose certain covenants and restrictions upon the.use, operation and maintenance of the Easement Area; and WHEREAS, the Burdenened Lot is specifically made part of this Agreement, and the owner of the Burdened Lot shall receive the benefits and be subject to the burdens contained herein. NOW, THEREFORE, Declarant hereby submits the Easement Area to the terms, covenants, restrictions and easements set forth herein for the benefit of the Easement Properties as follows: Declaration of Easement-Page Two I. GRANT OF EASEMENT. Declarant hereby grants and declares, to the extent described herein, for the benefit of the Easement Properties, an easement and right of way over and upon the Easement Area, which easement shall be appurtenant to and for the use and benefit of the Easement Properties and may be used by the owners of the Easement Properties, their heirs, successors, assigns, licensees and guests. II- USE OF EASEMENT A_ FA The Easement Area shall be used for the purposes of ingress and egress to and from Dart I-Fill Road by vehicular and pedestrian traffic and for the installation, maintenance, repair, and replacement of utility lines(including lines for storm water discharge, electric, cable TV, telephone, sewer, water, and other residential utilities) together with any appurtenances related thereto(hereinafter referred to as"Utilities")in order to furnish utility services to the Easement Properties. The owners of the Easement properties (hereinafter collectively referred to as "Owners"and individually referred to as"Owner") shall have the right in common to enter on, over, under and through the Easement Area for the purpose of construction, installation, maintenance, repair and replacement of the driveway and of Utilities, provided however, that any Owner/Owners who shall do any work or have any work done affecting the Easement Area upon completion of the work shall repair that portion of the Easement Area to the condition that existed prior to such Owner's entry(except for any work done pursuant to the rights created herein) and shall at all times keep so much of the Easement . Area open so that vehicular and pedestrian traffic shall have access from Dart Hill Road to the Easement Properties. III. ACT EXPEDITIOUSLY When utilizing the Easement Area, the Owners shall do so as expeditiously as possible and in such manner as will cause the least possible disturbance to the other Owners_ IV. OWNER OF BURDENED LOT MAY CONTIN[TE TO USE EASEMENT AREA BUT MAY NOT INTERFERE The owner of the Burdened Lot may continue to use the Easement Area in any way that will not prevent the use of the Easement Area by any Owner for the purposes described herein. The owner of the Burdened Lot shall not erect or allow any structures to be erected on the Easement Area, nor shall they plant or allow to be planted or grown any large trees or other obstructions-which would prevent the use of the Easement Area Declaration of Easement-Page Three by the Owners. Nothing contained in this paragraph shall diminish the rights and obligations of the owner of the Burdened Lot which are established in this Declaration. V. MAINTENANCE AND REPAIR OF EASEMENT AREA The Owners shall maintain the Easement Area in its present condition or in the condition to which it is improved from time to time, free and clear of obstruction, shall repair the same as necessary, shalt keep the same reasonably free of ice and snow, and shall keep the Easement Area insured with respect to liability. The cost of all necessary repairs, maintenance, snow and ice removal, clearing of the driveway, and insurance thereon shall be paid equally by the Owners. Each Owner shall be responsible for a proportional share of such cost computed by dividing one by the number of lots served by the driveway over the Easement Area(a"Required Share"). Notwithstanding the foregoing, no Owner shall be responsible for any expenses hereunder until a Building Permit has been obtained from the Town of South Windsor to construct a building upon his/her lot. Therefore, when computing an Owner's Required Share hereunder, the lots for which no Building Permit has been issued shall not be included in the number of lots served by the driveway over the Easement Area. The cost of maintenance, repair and replacement of Utilities within the Easement Area shall be borne by the specific Owner/Owners whose individual lot/lots is/are benefitted by such Utilities and if more than one Owner is benefitted, then such costs shall be shared on an equal basis. Once Utilities are installed in the Easement Area, then any of the Owners shall have the right to"tie in"to the Utilities, provided that they shall do so in a good and proper manner without damage to the Utilities. (The cost of the original installation of Utilities shall be paid by the Owner desiring said installation.) The obligations created in this paragraph deal with maintenance, repair and replacement. The construction material utilized in the driveway shall not be changed unless a majority of the Owners agree to install a different surface, provided that no such change shall be permitted that would violate any land use permit issued by the Town of South Windsor and any such change shall conform to the requirements of any govermental authority. The rest of this paragraph notwithstanding, any Owner who shall, through negligence or willful action, cause any damage which must be repaired hereunder, shall be responsible for the cost incurred to provide the repairs, maintenance and replacement necessitated by the negligence or willful action of that Owner, provided, however, that the Declarant and all subsequent owners mutually waive their respective rights of recovery against each other for any loss insured by fire, extended coverage, and any other property insurance-policies existing-for-the benefit of the respective parties. Declaration of Easement-Page Four The cost for repairing, replacing, maintaining or improving the Easement Area, pursuant to this Agreement, shall be shared as set forth above. Except as herein provided, no costs of any kind shall be charged to any Owner, unless that Owner has agreed in writing to pay said costs. In the event that the Owner of any lot shall decide that the expenditures shall be incurred for repair and replacing, maintaining or improving the Easement Area, then said Owner shall send written notice to the other Owners which shall request that the other Owners agree to pay their Required Share of the cost of such repair, replacement, maintenance or improvement. In the event that the other Owners agree to pay their Required Shares in writing, then the cost shall be shared accordingly. In the event that one or more of the other Owners do not agree to pay their Required Share, then the Owner proposing said activity and any Owners who agree to pay their Required Shares may undertake said activity solely at their own cost and expense. -In that event, after the work is completed, the Owner/Owners performing the work may institute legal action against the other Owner/Owners who did not contribute to the cost of such activity. In the event that a court should issue a final, non-appealable ruling that the work was necessary to maintain the Easement area to the standard required hereunder, and if was done to the quality required, then the Owners who would have shared said cost share be responsible for their Required Shares of the cost, and the Owners/Owner who performed the work shall be entitled to be reimbursed by the other Owners not only for their Required Share, but also for the expenses incurred in said collection, including a reasonable attorney's fee, if a court action is instituted. All repairs, replacement, maintenance or improvements made to the Easement Area shall be made to a quality suitable to accomplish the purposes for which the Easement Area has been created. VI. PERMANENT EASEMENT The easement created herein shall be a permanent easement, and shall bind the Declarant, all subsequent Owners, their heirs, successors and assigns. VII. INTEREST D TF WITH REGARD TO UNPAID OBLIGATIONS In the event of a failure by any Owner to pay his/her Required Share of any costs or expenses incurred hereunder, such costs and expenses shall, commemcing thirty(30) days after the date of billing therefor, bear interest at the rate of twelve percent(12%)per annurn until paid. VIII. GRANT AND RESERVATION Declarant hereby reserves the right to grant rights of access over the Easement Area to any utility company required by the Department of Public LtiIity Control of the State of Connecticut or to the Town of South Windsor for the purposes herein contained. - -The-Owners will-sign any documents required by the aforementioned utility companies or Declaration of Easement-Page Five the Town of South Windsor to carry out the intent of this paragraph, which is to provide utility service to the Easement Properties. IX. COVENANTSi AGREEMENTS AND RESTRICTIONS The covenants, agreements and restrictions set forth herein shall be effective as of the date hereof and shall continue in full force and effect until written agreement of all of the Owners of the lots comprising the Easement Properties and all parties holding mortgages secured by any lots comprising the Easement Properties shall modify this Declaration of Easement, which modification shall be effective when recorded in the South Windsor Land Records and upon approval of the South Windsor Planning and Zoning Commission as an amendment to any Special Exception issued pursuant to Section 4.6.1 of the South Windsor Zoning Regulations for any or all of the Easement Properties. The covenants, agreements and restrictions herein may not be terminated nor may any limit be imposed on the annual expenses to be paid by any Owner. X. SUBSEQUENT MODIFICATIONR All modifications to this agreement shall be in writing and signed by the Owners of all properties benefitted or burdened by the easement rights created herein. However, in the event that the Declarant shall request that minor modifications be made to this agreement, or to the righis created hereunder, which shall not substantially interfere with any of the rights or obligations created hereunder, then the Owners of said properties will sign a modification prepared by Declarant in order to accomplish said minor modifications. XI. MISCELLANEOUS A. The covenants, agreements and restrictions contained herein shall be covenants running with and for the benfit of and burden upon the Easement Properties and shall be binding upon and inure to the benefit of the Owners thereof, and their respective heirs, successors ans assigns, The rights granted herein shall be considered to create permanent easements. B. In the event that the Owners desire to jointly make any decisions hereunder, they shall be made by the majority vote of the Owners of the lots comprising the Easement Properties. C. Each of the lots comprising the Easement Properties shall be treated as if it has one Owner. If any of said ots are owned by more than one person, then all of said persons must unanimously agree on any decision to which they are entitled to vote -hereunder-. Therefore,-if-all-of said persons cannot unanimously agree;then the Owner of said lot shall have no vote. SCHEDULE A -LEGAL DESCRIPTION That certain piece or parcel of land located in the Town of South Windsor,County of Hartford, and State of Connecticut and being situated on the easterly side of Dart Hill Road, and being entitled"Access and Utility Easement In Favor of Lot 2" on a certain . map or plan entitled"Subdivision Plan HIDDEN WOODS SUBDIVISION Prepared For LAWRENCE A. FIANO South Windsor, Conn. Aeschliman Land Surveying 345 Bell Street Glastonbury, CT 06033 (860)659-4881 Date: 8-7.97 Scale 1"-40' Map No. 97071-1 Sheet 2 of 4 Sheets Rev. 12-5-97 Rev. 12-29-97 Rev. 1-2-98 Rev. 2-6-98 Rev, 34-98", which map or plan is to be filed in the South Windsor Town Clerk's Office and to which further reference may be had. Said premises are more particularly bounded and described as follows, to wit: t;o*mencing at a proposed iron pin in the easterly 1ifie of Dart Hill' Road. which marks the northwesterly corner of land N/r -Keinneth & Sharon Fitzgerald; thence proceeding H27028120"E along the easterly line of Dart Hill Road, 70.00 feet to a point; thence proceeding S6203114011E a distance of 260.00 feet to a point; thence proceeding S22023120"W a distance of 457. 51 feet to a point; thence proceeding N37023157"W a distance of lo0.0o feet to a proposed iron pin at land N/F Albert Marino; thence proceeding N27°28120"E along land N/F Albert Marino and land N/F Kenneth & Sharon Fitzgerald, in part by each, in all, 363.24 feet to an iron pin; thence proceeding N6203114011W along land N/F Kenneth & Sharon Fitzgerald a distance of 190,00 feet to an iron pin; thence proceeding in a general southwesterly direction along the arc of a curve having a delta angle of. 90000'4,0011, a radius of 20.0011, a tangent of 20. 001 , a distance of 31.42 feet along Land N/F Kenneth & Sharon Fitzgerald, to a proposed iron pin in the easterly line of Dart Hill Road which marks the point and place of beginning. Declaration of Easement-Page Six D. All communications sent pursuant to this Declaration shall be sent in writing and sent by certified mail to the last known address of the recipient. XII. MERGER. tat. The easement rights created herein shall not merge with the fee ownership of any XIII. RESTORATION. At any time that an Owner shall exercise any rights hereunder, then, when said activity is completed, the Easement area shall be restored to the condition it was in immediately prior to said activity, except to the extent permitted hereunder. IN WITNESS WHEREOF, the designated Declarant has hereunto caused its hand and seat to be set as of the day and year first above written. Signed, Sealed and Delivered in the Presence of: DECLARANT K- ..&f -- d-4-4� 0 1-1/50,0-0 /1 --� &A)'4Ct4-9-- v-Mc to L bt 4' By: udith Eckhouse he-,c ScL. STATE OF CONNECTICUT) ; 'l t P-00� ss. South Windsor Apg-,�'* COUNTY OF HARTFORD ) Personally appeared Judith Eckhouse, signer and sealer of the foregoing instrument and acknowledged the same to be her ee act and deed, before me. C. t.P.el Of � ,j.: fl�r.•y.Y •y. y `�`�f Notary Public My Commission Expires: