HomeMy WebLinkAboutWetland Violation TOWN OF SOUTH WINDSOR
INLAND WETLAINDS WATERCOURSES AND CONSERVAIISUB
U LIJI D
APPLICATION # f`,*P DATE RECEIVED & MAY 25, 1999
INSTRUCTIONS South Windsor
INLAND WETLANDS AGENCY/
1. THE APPLICATION, MAP AND PLANS MUST BE SUBMITTED rN T-II f ISSION
TOGETHER WITH THE FEE SET FORTH IN THE INLAND WETLANDS,
WATERCOURSES AND CONSERVATION REGULATIONS, TOWN OF SOUTH
WINDSOR. (SEE REGULATIONS, SECTION VII).
2. THE SOUTH WINDSOR INLAND WETLANDS, WATERCOURSES AND
CONSERVATION REGULATIONS SHOULD BE REVIEWED WITH RESPECT TO THE
STANDARDS AND CRITERIA FOR APPLICATION EVALUATION. (SEE
REGULATIONS, SECTIONS VII - X).
3. THE APPLICANT UNDERSTANDS THAT THIS APPLICATION IS TO BE
CONSIDERED COMPLETE ONLY WHEN ALL INFORMATION AND DOCUMENTS
REQUIRED BY THE AGENCY HAVE BEEN SUBMITTED. THE APPLIC.�NT SHALL
ALSO COMPLETE THE STATE FILING FORM.
A. APPLICANT'S NAME: I A)Q r1or
ADDRESS: 95 fZ;4:% Crest' le 0610�'
PHONE: (HOME) 86o q,66-So%1 (WORK)
B. LEGAL OWNER'S NAME: Alexa���r C,orslc�
ADDRESS:
PHONE: (HOME) ( y i M— (WORK)
(List additional owners, addresses, and tel T's on back of application)
C. IF THE APPLICANT IS NOT THE OWNER OF THE SUBJECT PROPERTY, A LETTER
BY THE PROPERTY OWNER(S) AUTHORIZING THE PROPOSED REGULATED
ACTIVITY SET FORTH IN THE APPLICATION MUST ACCOMPANY THIS FORM
AND WILL BE PART OF THE APPLICATION.
D. PROJECT NAME (if any) Pek n-hc;vt f&4 pxq K psi• (2em c4 k&-b t,
1. Contact Person (if further information is needed). �� Kellw
t' A. 1- k +k t Noe S.Ac ( oeawierw Bvr�o k} Eak ISM vt 6 CT 6b0z(0
Phone # (work) I?bn 653.90oo Fax # 81ao gLH-e yo
E. THE GEOGRAPHICAL LOCATION OF THE PROPERTY WHICH IS TO BE
AFFECTED BY THE PROPOSED REGULATED ACTIVITIES INCLUDING A
DESCRIPTION OF THE LAND IN SUFFICIENT DETAIL TO ALLOW
I >~ICAT�0�1-0F M-E P-R RTIL" ^W t TEE I ANC
WATERCOURSES MAP.
Assessor's Map # 'F4 —Parcel Zone A-4o
F. NAMES OF ALL ABUTTING PROPERTY OWNERS: (Use separate sheet if necessary)
list ai+ac �1
G. HAVE YOU NOTIFIED ALL ABUTTING PROPERTY OWNERS BY CERTIFIED
LETTER THAT AIN APPLICATION IS PENDING BEFORE THE AGENCY?
ES ** (You are required to supply a copy of the letter with he list of the names of the
abutters) **
�w���� wai lad SrZB�q9�
H. PURPOSE AND DESCRIPTION OF ALL PROPOSED REGULATED ACTIVITY(S)
INCLUDING AMOUNTT AND TYPES OF FILL AND THE TIME ELEMENT
INVOLVED: tea.roar�C w�1� -�►k.e °'��'°x�;,Kw�e(,� �,M,trv�'{1.�, .
IV�L �7ur}>OSC 9T� yOt�'iL \5 tiff �lVti � '�q O[l�Nt ��t�
_ Covd.�uv►s a�.� breueK� rCocck�„�¢, IZ-n ¢w� s�l'eQ„. w.��
b�6VIL
I. A CLASS A-2 MAP OF THE PROPERTY DRAWN TO 1" _ 40', SHOWING THE AREA
TO BE DEVELOPED, EXTENT OF THE WETLANDS AND WTERCOURSES
AFFECTED, TOPOGRAPHY, EXISTING AND PROPOSED ACTIVITIES AND NAMES
AND LOCATIONS OF ADJACENT PROPERTY OWNERS MUST BE SUBMITTED.
J. ACREAGE OF WETL.-UNDS AND WATERCOURSES TO BE ALTERED:
,OiB Ac
K. ACREAGE OF WETLANDS AND WATERCOURSES TO BE CREATED:
b
L. LINEAL FEET OF PROPOSED STREAM ALTERATION:
M. TOTAL LAND AREA OF PROJECT AND PERCENTAGE WHICH IS WETLANDS
3.9
N. IDENTIFY ALL OTHER PERMITS OR APPROVALS THAT HAVE BEEN ISSUED,
APPLIED FOR, OR REQUIRED WITH RESPECT TO THE PROPOSED ACTIVITY SET
FORTH IN THIS APPLICATION. (These may included but not be limited to, local
Planning & Zoning, Zoning Board of Appeals, D.E.P., F.E.M.A., D.O.T., The Army
Corps of Engineers, and any other State, Local or Federal Permits.)
0. THE APPLICANT (OR DESIGNATED REPRESENTATIVE) HEREBY ATTESTS THAT
A SIGN WILL BE POSTED AT THE FOLLOWING LOCATION(S)
Q Ov% S�Kg a+ evJ o� C>>a,rsl ca. d o+� C>orls�t 1. a+ cdse of CaSewc tK't .
by I�cs1��t.� stx�lnc NAME TZ r �,e��wa►1
ON OR BEFORE THE FOLLOWING DATE: J u 3 ,►99q
SIGNATURE:
THESE SIGNS MUST BE DISPLAYED CONTINUOUSLY FOR AT LEAST TEN (10) DAYS
PRIOR TO SCHEDULED MEETING (See Regulations, Section 7.3a).
THE UNDERSIGNED HEREBY APPLIES FOR THE REGULATED ACTIVITIES LISTED IN
PARAGRAPH H ABOVE, FOR A INLAND WETLANDS, WATERCOURSES AND
CONSERVATION PERMIT FOR THE PROPERTY DESCRIBED HEREIN AND CONFIRMS
THAT:
1. APPLICANT IS FAMILIAR WITH THE CURRENTLY EFFECTIVE INLAND
WETLAND, WATERCOURSES AND CONSERVATION REGULATIONS OF THE
TOWN OF SOUTH WINDSOR.
2. APPLICANT UNDERSTANDS THAT AT ANY TIME DURING THE REVIEW PERIOD,
THE AGENCY MAY REQUIRE THE APPLICANT TO PROVIDE MORE
INFORMATION ABOL7 THE WETLANDS AND/OR WATERCOURSES IN QUESTION
AND/OR ANY PROPOSED ACTIVITY.
3. ALL INFORMATION SUBMITTED IN THE APPLICATION FOR REVIEW SHALL BE
CONSIDERED FACTUAL, OR IN THE CASE OF ANTICIPATED ACTIVITY,
BINDING. A KNOWING FAILURE OF THE APPLICANT OR -kINY OF HER/HIS
AGENTS TO PROVIDE CORRECT INFORMATION, OR PERFORMANCE
EXCEEDING THE LEVELS OF ACTIVITY ANTICIPATED, SHALL BE SUFFICIENT
GROUNDS FOR REVOCATION OF ANY PERMIT UNDER THESE REGULATIONS.
4. BY MAKING THIS APPLICATION, THE APPLICANT GIVES PERMISSION TO THE
INLAND WETLAND, WATERCOURSES AND CONSERVATION COMMISSION
MEMBERS AND/ R 0 ITS REPRESENTATIVE TO ENTER THE PORTIONS OF TH
E
PREMISES WHICH ARE SUBJECT OF THE APPLICATION FOR THE PURPOSE OF
INSPECTION AND INVESTIGATION AND OTHERWISE EVALUATING THE MERITS
OF THE APPLICATION BOTH BEFORE AND AFTER A FINAL DECISION HAS BEEN
ISSUED.
ignature of Owne of7ope:ty Date S 7
ignature of Applicant ✓ Date S- — 79'
JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.3
FORREST VILLAGE SUBDIVISION
Detention Pond Outafall
cos TEsnuiI—E
DESCRIPTION UNIT QUAN. UNIT PR. sum
Mobilization 1 $1,000.00 $1;000
Sedimentation &Ems.Contmi L.S. 1 $1,000.00
Site Clearin &Pre ar d0f, L.S. 1 $3,000.00 $3,000 •✓
Con&. Exit •Anti Track Pad EA. 2 $2,000.00 $4;000
Earth Excavation(MO C.Y. 700 ► ,o o
Gravel,Access Road 10'wade L.F. 500 $15.44 $7,500
Outlet Contmi Structure L.S. 1 $6,000.00 $6,000
Cgs EA. 1 $2,500.00 $2,500
CPS S . L.F. 150 $35.00 $5,250
Conc. FES EA. 1 $500.00 $500
` C.Y.. v.. .1_..330::. 4r .Rpra Em en Spillway $SZp
C.Y. 41 $40MRi ra Basin/Apron
$1.,200 3S"b
Ili Swale C:Y. 70 .f- $4"0 $Z,804 1 iZ
To soli&Turf Estab. S.Y. 900 -5 _$4:80 ;60tT �s�v
As-Built.Survey/Plan ILS. 1 $2,000.00 $2,400
TOTAL $ 0 57t rrx�
7-7 OAJ
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73
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File 98208 7128199 s ,
A.G, BUILDERS, INC.
RESIDENTIAL • NEW CONSTRUCTION • REPAIRS • REMODELING • LAND DEVELOPERS
85 RIDGE CREST CIRCLE Office Tel. & Fax (203) 667-3625
WETHERSFIELD, CT 06109-1049fto Residen C 956-5061
RECEIVED
To: Town Manager Matthew B. Galligan _ J U N 1 1998
Town of South Windsor, Town Hall soutANII "EHc pEFE
1540 Sullivan Avenues ' V
South Windsor, Ct. 06074 li
And: Jerry C. Iazzetta, Town Engineer and to whom it may concern. 6
Re: Forest Village Subdivision-Punch List dated May 26-th 1998.
Dear Mr..Galligan and Mr. Iazzetta:
Concerning our meeting on the date of May 27-th, 1998, 2:30 p.m., at the request of Jerry
C. Iazzetta, Town Engineer, we send our point of view for your consideration. You also gave a
Punch List dated May 26-th, 1998 which is addressed not to us, but to Michael J. Gantick,
Director of Public Works.
On my request I and my two engineer experts reviewed originally approved subdivision
plans, road and utility as-built plans and various communications. A site inspection was also
completed on May 1-st, 1997 and May 19th, 1997. Plans and documents reviewed are in
Schedule A which is attached to the report.
Our goal in reviewing these documents was to:
1. Determine the subdivision plans as originally approved and/or modified by South
Windsor regulatory commission,
2. To check Punch List prepared by the engineering department on April 15th, 1991 (ref.
10)with accurate representation of outstanding items iri need of completion or correction.
The second unsigned Punch List dated 9/13/96 with an attached Town of South Windsor
Bond Estimate Form dated 9/4/96 was also reviewed. The 10 items listed in the Punch list,
although identified to be Forest Village Subdivision, was not signed by a responsible
representative of the Town of South Windsor and therefore not addressed to A.G. Builders, Inc.
Memorandum dated May 26th, 1998 was not addressed to A.G. Builders, Inc., but only to Mr.
Michael Gantick, Director of Public Works.
We have three punch lists and are supposed to have only one. Please, address one final
Punch List to us so that we can discuss all items.
RESPONSE AND/OR FINDINGS TO THE MEMORANDUM dated May 26th, 1998
Item numbers below correspond to the item numbers in Check List prepared by the
engineering department,two our experts, concerning:
1. Detension basin outfall erosion problem must be corrected:
1
Concerning the drainage outfall at Gorski Drive, South Windsor, Ct, according to Town
of South Windsor request and case in Superior Court at 69 Brooklyn Street, Rockville, Ct, No.
DN CV960060622, Town of South Windsor vs. Alexander Gorski. The court dismissed and
closed out the case for ever and our attorney David L. Gussak obtained on date 6/27/97 these
informations: Please, be advised that this court entered a Judgment of Dismissal, in the above
entitled action on date 6/20/1997 for failure to prosecute said action with reasonable diligence
(PB 251). See enclosures.
Concerning the inspection of drainage at Gorski Drive, we have a report from one of our
experts,which says:
To whom it may concern,
According to your Mr. Gorski request, on the 8th of October, 1996, I inspected the outfall
of the storm sewerage system off Gorski Drive. Mr. Gorski showed me the outfall of the sewer to
the east of Gorski Drive, between lots 17 and 18. The flared outlet was discharging into a
sedimentation basin. This basin had a few inches of sandy settlement in it. The flow from the
sedimentation basin was discharging through another pipe into a small brook located southerly
from this basin. The rate of discharging was approximately 150 ft downstream from the detension
basin. We did not notice any sign of erosion either in the sedimentation basin nor in the brook -
Bancroft Brook. Vegetation and bamboo was growing in the channel, which provides good
protection for potential erosion problems. Since this summer we had extraordinarily high
precipitation,we assume that if erosion caused a problem,it would have manifested itself
"I have not known Mr. Gorski in the past and have not been involved with any part of his
work."
We,A.G. Builders, Inc. want a correction concerning this occusation and written response
after a visual inspection. We made a request that Ident Street was attached to our detention basin,
and is more water coming to our basin,which is good only for 43 acres. Our subdivision has only
43 acres of land.
Subcontractor bond for Town of South Windsor was released to him after finished work
and five year guarantee did not show any erosion in the detention pond. We still don't have any
erosion on the basis of expert's opinion. This means if subcontractor bond was released, Town of
South Windsor and Bank accepted his work, and paid for after inspection made by a bank
inspector.
ITEM No. 2:
Binder pavement on Bancroft must be removed and replaced prior to placing-finish
of paving.
We agree with Mr. Iazzetta that the binder pavement must be removed and replaced prior
to placing finish course of paving.
2
ITEM No. 3:
Approximately 450 linear feet of sidewalk must be removed and installed in accordance
with Town Standards.
We have inspected the sidewalks within this subdivision. These sidewalks have been in
place for 10 plus years and are in excellent condition except of 100 feet, which are supposed to be
replaced. A guarantee for sidewalks is only for 5 years and in the past 10 years we still have good
sidewalks. This subdivision is located in an area which is underlain with sandy soils. These soils
make an.excellent base for roads and sidewalks. This is sustained by a letter (ref. 13) from the -
Director of Public Works indicating that the native sand is approved as a sub base material.
Regarding uncompleted sidewalks, it is not unusual to install sidewalks as individual lots
are developed to prevent damage to walks. Accordingly, sidewalks which remain to be installed
should be bonded on a per foot basis. As a lot is developed and the sidewalk completed in
accordance with approved plans, a portion ofthe bond could be released.
Bond to the Town of South Windsor concerning installation of the sidewalk was returned
to the subcontractor, because his work was accepted. The bank inspector also accepted his work
and paid him on the basis of a 5-year guarantee. Within these 5 years we did not have any
problems with sidewalk, except vandalism on approximately 100 feet, which must be replaced.
ITEM No. 4:
Approximately 2,500 linear feet of sidewalk still needs to be installed.
We agree that approximately 2,500 linear feet of sidewalk still needs to be installed
according to Town Standards after finishing of construction of 17 houses which will be built as
soon as possible.
ITEM No. 5:
Strong Road needs to be widened (about 20 feet long), a drainage structure installed and
about 280 feet of curbing installed.
The original subdivision plans (ref 1), specifically drawing 5 of 13, state that Strong Road
shall be widened 5 feet from existing edge of pavement along entire property line. The approved
plan and profile drawings(ref. 2), specifically drawing 8 of 13, shows Strong Road was originally
18-19 feet wide.
Measurements-from the icting_ oitherly-road-edgeindic a
road width of 24-25 feet. The widening need to end prior to the centerline on Bancroft Brook
where the Forest Village Subdivision property line occurs. An appropriate taper of approximately
100 feet(20:1),prior to this point, was measured in the field.
3
The imposition by Mr. Iazzetta of additional conditions, ie. drainage structure, curbing
and additional road widening is beyond what was originally approved by the Planning & Zoning
Commission. Our obligation is to comply with approved plans which we did.
ITEM No. 6:
Structures between lots 7 and 8 need to have grading adjusted.
We agree for grading adjusted between lots 7 and 8.
ITEM No. 7:
Easements are required across lots 22 and 23 and additional easement required between
lots 7 and 8.
The originally approved subdivision plans(ref. 1), specifically drawing 5 of 13, depict a 20
foot easement centered on the common property Tine o lots 7 & 8, and located along the northerly
line of lot 40. The sanitary sewer line was shown centered on this easement.
We indicated that this sanitary line was installed favoring the northerly edge of this
easement to accommodate a storm sewer pipe which was to be installed by the Town of South
Windsor. A plan prepared by the Town of South Windsor Engineering Department (ref. 7) clearly
shows a design for installation of this storm sewer.. .
A review of the As-built Plan(ref. 8), specifically Sheet 2 of 5, shows these improvements
are within the originally granted easement area. I do not see the need for an additional easement
area, especially considering that the Town of South Windsor intended to install the additional
storm sewer pipe through this easement. Lot No. 7 was sold on the date October 26th, 1998 and
has a certificate for occupancy. As-built drawing (ref 8), specifically on Sheet I of 5, indicated
that the storm pipe was installed across the easterly portion of Lots 22 and 23. An easement was
granted and recorded with the South Windsor Town Clerk's Office in Volume 807, Page 56 (ref.
12).
ITEM No. 8:
Trench patches on Gorski Drive must be repaired or replaced.
We did not find a reference to trench patches in Mr. Iazzetta's letter dated May 26th, 1998
(ref 14). We assume this reference is to Bancroft Road. Trench patches will be fixed_when-a final
1" course is placed.
ITEM No. 9:
Pavement on Gorski drive at the cul-de-sac needs to be extended to the back of catch
basins.
4
We agree that pavement on Gorski drive at the cul-de-sac needs to be extended to the
back of catch basins.
ITEM No. 10:
Entire ROW area on Bancroft need to be graded, etc. in accordance with Town Standards.
We agree that entire ROW area on Bancroft Lane needs to be graded, etc. in accordance
with Town Standards after we finish the construction of 17 houses.
ITEM No. 11:
Eleven(11) catch basin tops need to be replaced.
In our opinion eleven (11) catch basin tops look like brand new and we don't see any
reason for replacing them Please, send us a written response with a reason of replacing them
ITEM No. 12:
Pipes in catch basins need to be cut flush and mortared correctly.
We agree that pipes in catch basins should be cut flush and mortared correctly.
ITEM No. 13:
Forty-five(45)monuments need to be replaced.
Forty-five (45) monuments were installed by Alford Associates, Inc. Engineering for the
entire subdivision. According to blueprint specification for forty (40) lots and approved by
Planning &Zoning Commission. Please, send us a written response with a reason why they are to
be removed as soon as possible.
ITEM No. 14:
Split rail fence for the Open Space entrance needs to be installed(about 100 feet).
We don't have conditions in subdivision approval for installation of 100 feet of split rail
fence for the Open Space. In our approved subdivision we have tree buffer zone hi
installed and the work was approved by Town Engineering Department.
ITEM No. 15:
Open Space entrance on Gorski Drive must be cleared.
5
We agree that Open Space entrance on Gorski Drive must be cleared.
ITEM No. 16:
Pedestrian ramps at Gorski and Bancroft must be replaced. There is a 4" drop to the
pavement.
We agree that pedestrian ramps at Gorski and Bancroft must be replaced.
ITEM No. 17:
As-built drawings are required.
As-built drawings are done in 80% and remaining 20% will be done after construction of
17 houses.
ITEM No. 18:
There were about 30+/- Eastern Pines to be installed as per P&Z approval condition 1F.
Less than half exist today.
The approved subdivision plans, specifically Drawing 5 of 13, indicate that 2" caliper
white pines shall be planted 15 feet on center, lots.1 through 4. We concur with Mr. Iazzetta that
plantings along a portion of the rear lot line of lot 3 &the entire rear lot line of lot 4 are lacking.
We would like to explain that trees were not planted along these rear lines because these
areas are wooded. We concur that the wooded nature of the lots in this area will make the pines
an understory planting and therefore not a very effective buffer.
Since the additional punch list dated 9/3/1996 was not signed by a responsible individual
from the Town of South Windsor to Alexander Gorski, president A.G. Builders, Inc., we request
that the current checklist of outstanding items be prepared again for my review as an addressee.
We expect a response from you as soon as possible.
Respectfully yours,
Alexander Gorski
President of A.G. Builders
6
GUSSAK SILVER SKLAR & KIRSCH, P.C.
ATTORNEYS AT LAW
100 FARMINGTON AVENUE
HARTFORD,CONNECTICUT 06105-3708
(860)247-2012 -
FACSIMILE:(860)246-9040 DAVID L.GUSSAK _ 22 MAIN STREET
ANNE R.HOYT MOOSUP,CONNECTICUT 06354-1525
RANDY A.KIRSCH (860)564-4064
DENNIS R.LaVETTE
JEFFREY A.McCHRISTIAN
ALAN B.SILVER
FACSIMILE:(860)564-1536
CLAUDIA M.SKLAR
PLEASE REPLY TO HARTFORD
KENNETH S.HALPERN,P.C.
OF COUNSEL
April 7, 1998
Aleksander Gorski
85 Ridge Crest Circle
Wethersfield, CT 06109
Re: Town of South Windsor Case
Dear Alex:
Back in July of 1997, 1 sent you a letter with a copy of a Notice of Dismissal of the
Town of South Windsor case which had been commenced against you.
On April 6, 1998, 1 was in the Superior Court in Rockville. At that time, at my
request, the Clerk of the Court rechecked the file and confirmed to me that the case on the
attached notice has been dismissed, that there was no move to reopen it within the four
month period, and that the file, therefore, has been closed out.
I trust this will enable you to proceed with the other aspects of this situation
without further concern regarding that particular matter.
Very truly y ur
j Gussak
DLG/bjp
Enclosure
19754-1
staiewwe iniano vveuanas do Wat6rCOUM83 ACtivtty Reporting Form
n accordance wnn the requirements o on a- 14 of the Regulations Of COM4MCut State Agencues, this Corm
is to be completed for eat action. Completed forms for all reportable actions during a calendar month shall be mailed
to the Commissioner by the local agency no later than the 15th day of the month following the month in which the action
was taken. (See instructions on back)
1 . TOWN:
2. LOCATION:(original scale copy of the USGS QUAD Mao with the site outlined or pinpointed)
USGS QUAD MAP NUMBER: OR NAME: Ma,nches4er
3. APPLiCANTNIOLATOR OR PROJECT NAME: A)exavaer Gtwsici.
4. ACTIVITY TYPE CODE: (see list of codes on back, max. of 4 codes) . . ( 7, 1 C j
If type code is 12 or 13, briefly describe the activity:
5. ACTIVITY PURPOSE CODE: (enter only one code letter) . . . . . . . . . . ( S ]
6. AREA OF WETLANDS AND WATERCOURSES ALTERED (or proposed to be altered, temporary
or permanent, for ALL agency permits, denials and enforcement actions)
A. Wetland Area Altered: . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 S?S' ACRES OR Q. FT.
(circle one)
B. Coen Water Body Area Altered: . . . . . . . . . . . . . . . . . . . . . 1 O ACRES OR SQ. FT.1
(circle one)
C. Stream Alteration: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 1*9 LINEAR FT.]
7. AREA OF WETLANDS OR WATERCOURSES CREATED: . . . . . . . I O ACRES OR SQ. FT.]
(do not include wetlands converted to open water). (circle one)
8. TOTAL AREA OF PROJECT SITE: . . . . . . . . . . . . . . . . . . . . . . [13.9 ACRES}
For Local Agency Use Only For State Use Only
9. REPORTING MONTH:
10. PUBLIC HEARING HELD: Y N GIS CODE
11 . ACT10N: enter letter
A. permit issued
B. permit denied
C. permit extended/amended
D. map amendment
E. enforcement action
F. jurisdictional ruling
12. AGENT: DATE RECEIVED
DEP/rev.1/95
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MAP LOT STREET ADDRESS OWNER/MAILING ADDRESS
84 2 1400 Main Street Richard P. Tarantino &
Eriko Trust
1400 Main Street
South Windsor, CT 06074
84 4 0120 Gorski Drive A G Builders Inc.
1052 Main Street
Newington, CT 06111
84 5 0096 Gorski Drive Robert M. & Catherine R. Page
96 Gorski Drive
South Windsor, CT 06074
84 6 0090 Gorski Drive Dorothy J. Lamberg
90 Gorski Drive
South Windsor, CT 06074
84 7 0084 Gorski Drive Mariano & Evelyn R. Marrero, Jr.
84 Gorski Drive
South Windsor, CT 06074
84 8 0072 Gorski Drive Harvey S. & Sandra Sweig
72 Gorski Drive
South Windsor, CT 06074
84 9 0046 Gorski Drive A G Builders Inc.
1052 Main Street
Newington, CT 06111
84 56 0110 Ident Road Frederick A. & Theresa Bitgood
110 Ident Road
South Windsor, CT 06074
84 67 R008 Ident Road Edward W. Kasheta, Jr.
95 Ident Road
South Windsor, CT 06074
MAP LOT STREET ADDRESS OWNER/MAILING ADDRESS
84 72 R097 Main Street Edward W. Kasheta, Sr.
1300 Main Street
South Windsor, CT 06074
84 74 1330 Main Street Virginia M. Throwe
1330 Main Street
South Windsor, CT 06074
84 75 1340 Main Street James K. & Meredith a. Engle
1340 Main Street
South Windsor, CT 06074
84 76 1350 Main Street Joseph Saczawa
1350 Main Street
South Windsor, CT 06074
84 77 R102A Main Street Helena S. & Alexander Gorski
85 Ridge Crest Circle
Wethersfield, CT 06109
96 27 0020 Gorski Drive Stanley & Aniela Diacumski
20 Gorski Drive
South Windsor, CT 06074
96 28 0057 Strong Road A G Builders Inc.
1052 Main Street
Newington, CT 06111
96 29 0049 Strong Road Edward & Dorothy Niemitz
49 Strong Road
South Windsor, CT 06074
96 30 1414 Main Street Kenneth & Christine Erikson II
1414 Main Street
South Windsor, CT 06074
96 31 1^3S-Main-Street-Eveleen-J.McKenna
1430 Main Street
South Windsor, CT 06074
MAP LOT STREET ADDRESS OWNER/MAILING ADDRESS
96 33 0015 Strong Road Darren A. Long
15 Strong Road
South Windsor, CT 06074
d/pf/98208/list5259.Is 1
Hesketh wi
6 Creamery Brook • East Granby, CT 06026 F. A. Hesketh
bt Associates, Inc.
May 28, 1999
Richard P. Tarantino &
Eriko Trust
1400 Main Street
South Windsor, Ct 06074
CERTIFIED MAIL
Dear Property Owner:
RE: Forest Village Subdivision
Detention Pond Outfall Erosion Remediation
Alexander Gorski, Owner
In accordance with Section 7.3b of the Town of South Windsor Inland Wetlands,
Watercourses, and Conservation Regulations", we are required to notify you that an
application has been filed on the property abutting yours and is subject to a hearing by
the Inland Wetlands Agency/Conservation Commission. The application and plans are
on file with the South Windsor Planning Department. The proposed work is designed to
address an existing erosion problem at the outfall of the detention basin (as shown on
the enclosed plan).
As an abutting property owner you are invited to the hearing to ask questions and/or
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 will be heard, please contact Deborah Wark,
Recording Secretary or Jeff Folger, the Zoning/Wetlands Enforcement Officer at the
Planning Department, 644-2511, ext. 253.
Very truly yours,
F. A. HESKETH & ASSOCIATES, INC.
Roger J. Kellman, P. E.
Project Engineer
Upf/98208/phot5219
Civil &Traffic Engineers • Surveyors • Planners • Landscape Architects
Tel 860.653.8000 • Fax 860.844.8600 • email hesketh@snet.net
MEMORANDUM
TO: Jeffrey H. Folger, Zoning/Wetlands Enforcement Officer
FROM: Jerry C. Iazzetta, Town Engineer
Date: June 16, 1999
Re: Gorski — Detention Basin Repair
We have reviewed the plans dated5/24/99 for the proposed repairs to the
detention basin in the Forest Village Subdivision and have the following comments:
1. A gravel access road is required in accordance with the Public
Improvement Specifications. The roadway should be built to enable
access for maintenance of the outlet structure and rip rap swale. If the
grade is greater than 8% it is recommended that stone be placed to
provide a firmer base for vehicles.
2. The flared end should be concrete with a toewall as per our Public
Improvement Specifications.
JCl/sfg
S:\ENGINEER\Proj.-P&z wetlands Applications\Gorski basin.doc
MEMORANDUM
To: Marcia Banach
From: Judy Hall, Assistant to the Town Manager
Re: Non-Tax Revenue Survey
Date: July 1, 1999
CRCOG has asked that the attached survey g concernin non-tax revenue sources be
completed by each municipality. The attached sheet is for your department.
Please return the filled out survey to my attention by Wednesday, July 14, 1999.
Any questions please call me at ext. 201.
Thanks
RECEIVED
JUL 2 1999
SOUTH WINDSOR PLANNING DEPT.
CRCOG's Non-Tax Revenue Survey
Directions: In the area provided next to each item,please indicate the amount
charged by your town. Where appropriate, attach sample documents and/or pre-
printed fee schedules and CRCOG staff will be happy to record such information in
its survey database. For example, for"parking fines"(item #8 in the Police
Department),please attach a copy of a Parking Violation Ticket. Moreover,if there
are categories within an item that have varying fees,please specify them. For example,
for the Health Department's "restaurant permit" category (item#7), fees may differ
according to seating capacity(i.e., a license for a food service establishment that
seats 1 to 15 may cost$25 while a license for a food service establishment that seats
16 to 35 may cost$50).
Remember: As this survey only includes fees not established by statute, please limit
additional fee/fine categories to those that the town has the ability to determine the
amount charged. Please contact Kristin Pauzano, CRCOG's Municipal Services
Intern, at(860) 522-2217, ext.27 should you have any questions or need assistance.
Planning& Zoning Department
1) Site Plan Approval (previously site development) Lr a U
2) Special Exception(previously special use) 4 j-@ p
3) Zone Change
4) Subdivision and Resubdivision
5) Appeals fee&Application 9S.00
6) Subdivision Regulations&Zoning Regulations -r v kh, 3,o e) ?�,,, �,,� Ja 00
7) Town Plan of Development t,S-0 o
8) Zoning Map ( .,f 0
9) Street Map ( 4' e S s b fe, �s-
10)Agendae�
11)Subscriptions
12)Staff Approval (application)
13)Applications to modify prior approvals_ SdsNr �r r-t q;&t�,(r
14)Photocopies*
15)Zoning Regulation Change &j—o o
16)Subdivision Regulation Change 6:ry s 0
17) Plan of Development Change 4,rr p 018) GIS-Generated Maps U„, „ A C u-O!,�
*Please indicate if fees charged vary depending on the number of copies made and/or the
size of the paper used.
Additions/Comments
19)
20)
21
Respondent/Telephone Number: U b r—c
Municipality: .So u--L W jyj ryrr-
FAX BACK TO (860) 724-1274 9
NO LATER THAN FRIDAY, DULY 16TH 1999
CRCOG's Non-Tax Revenue Survey
Directions: In the area provided next to each item, please indicate the amount
charged by your town. Where appropriate, attach sample documents and/or pre-
printed fee schedules and CRCOG staff will be happy to record such information in
its survey database. For example, for"parking fines"(item#8 in the Police
Department),please attach a copy of a Parking Violation Ticket. Moreover,if there
are categories within an item that have varying fees,please specify them. For example,
for the Health Department's "restaurant permit" category (item#7), fees may differ
according to seating capacity (i.e., a license for a food service establishment that
seats 1 to 15 may cost$25 while a license for a food service establishment that seats
16 to 35 may cost$50).
Remember: As this survey only includes fees not established by statute,please limit
additional fee/fine categories to those that the town has the ability to determine the
amount charged. Please contact Kristin Pauzano, CRCOG's Municipal Services
Intern, at(860) 522-2217, ext.27 should you have any questions or need assistance.
Inland/Wetland Department
1)Private Permit(summary) G,S,a o 3 v o a-0-"
2) Private Permit(plenary)
3) Developer Permit(summary)
4)Developer Permit(plenary)
5)Revision
6) Regulations
7) Wetlands Map (s)
8)Photocopies*
*Please indicate if fees charged vary depending on the number of copies made and/or the
size of the paper used.
Additions/Comments
9)
10)
11)
12)
13)
Respondent/Telephone Number:
Municipality:
FAX BACK TO (860) 724-1274 4
NO LATER THAN FRIDAY, JULY 16TH 1999
MEMORANDUM
TO: Jeffrey H. Folger, Zoning/Wetlands Enforcement Officer
FROM: Jerry C. Iazzetta, Town Engineer
Date: July 21, 1999
Re: Forest Village Subdivision — Detention Basin Remediation
We have reviewed the drawings for the proposed Detention Basin Remediation
at the Forest Village Subdivision and have the following comments:
1. A standard gravel access road is required to access the structures and rip
rap swale so that the Town can maintain these areas.
2. A detail of the storm pipe trench must be provided.
JCl/sfg
S:\ENGINEER\Proj.-P&Z Wetland Applications\r-orest Village\Review July 21.doc
JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.1
7 qfaft
F. A. HESKETH & ASSOCIATES, INC.
6 Creamery Brook
East Granby, CT 06026
(860) 663-8000 (860) 8"-8600(Fax)
email: hesketh@snet.net
MEMORANDUM
To: Jeff Folger Date; 7/20/99
Zoning/Wetlands Enforcement Officer
Town of South Windsor
From: Roger Kellman
Subject: Forrest Village Subdivision
Detention Pond 4utf2ll
Our File : 98208
Attached please find a revised cost estimate for the proposed work. Per a discussion with
Jerry lanetta, I have added the gravel access roads and an as-built survey to the
estimate. I have also increased the unit cost for some items based on apparent local
costs as reflected in the town's bond estimate form. I believe the total figure is quite
conservative on the high side. It does not include the town's 26% contingency figure
which is extremely conservative, but I guess reflects the town's costs if they*had to bid the
project as opposed,to a private developer.
While the gravel access roads have been added to the cost estimate, as you know this
office does not believe these gravel roads are appropriate in this specific case. It is
unlikely that any maintenance will be required for the detention pond or outfall. The most
likely maintenance will be the removal of small debris from around the outlet control
structure. This can be done by hand or with small equipment. The area of the existing
drainage easement and the open space access appear to have stable soils that should
not be difficult to drive over with small equipment for routine maintenance which can be
done during dry weather.
It is possible that the contractor will choose to install some gravel along his construction
access route. This gravel can be left in place, However, it would not appear to be in the
best interests of the IWWCC to encourage access or heavy maintenance in this area.
e have-therefor-not-shown-either-of-the-gravel-accewroads-on-the-plan, - - -
JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.2
Jeff Folger
July 20, 1999
Page 2
MEMORANDUM
We will add a detail of the storm pipe trench to the final plans as requested in the Town
Engineers memo of July 21, 1999. However, before we do that, can you confine in
writing that town staff has no further comments which would require revisions to the plans
or cost estimate. 1 would also rather not make these final changes until the IWWCC has
approved the plans. Just in case they do request some revisions of their own.
Please let me know if you need anything further for the hearing on Wednesday.
cc; Alexand
er Gorski
Atty, David Gussak
d:projed W208yfbI7269.pm1
JUL 26 '99 11:00AM F.A. HESKETH & ASSOC 203 2860287 P.3
FORREST VILLAGE SUBDIVISION
Detention Pond Outafall
cosrFsr/M4 rY
DESCRIPTION UNIT QUAN. UNIT PR. gum
Mobilization L.S. 1 $1,000.00 $1,000
Sedimentation & Eros. Control L.S. 1 $1,000.00 $1,000
Site Clearing&Pre aration L.S. 1 $3,000,00 $3,000
Constr. Exit Anti track Pad EA. 2 $2,000.00 $4,000
Earth Excavation fill C,Y, 700 $8.00 $5,600
Gravel•Access Road 10'wide L.F. 500 $15.00 $7,500
Outlet Control Structure L.S. 1 $6,000.00 $6,000
CB's EA. 1 $2,500.00 $2,500
Cps(8). L.F, 150 $35,00 $5,250
Conc. FES EA. 1 $500.00 $500
Ripra Emer enc Spillway C,Y, 130 $40,00 $5,200
Ri ra Basin/Apron C.Y. 30 $40.00 $1,200
R! ra o Swale C.Y. 70 $40,00 $2,800
Topsoil&Turf Estab. S.Y. 900 $4.00 $3,600
As-Built Surve !Plan L.S. 1 $2.000,00 $2,000
TOTAL $51,150
File 98208 7/26199
07/28/99 WED 14:30 FAX Q 002
MICHAELD,REINER* REINER, REINER & BENDETT, P.C.
ADAM L.BENDETT ATTORNEYS AT LAW
RANDALL S.MCHLX3H 160 FARMINGTON AVENUE
LAWRENCE,M.GARFINKF►..
CHARLE:S R BASIL FARMINGTON, CONNECTICUT 06032
EDMOND F.LEEDFIAM,III**
DAVID F.BORIUNO (860)677-2868
DAVID A.AZIA TELECOPIER NUMBER(860)677.4549
BERNARD D.MCMAIION
F.IRIK KANEKO
K1-ITH K. FULLER*** WATERTOWN OFFICE
-_ 401 MAIN STREET
WATERTOWN,CONNECTICUT 00795
ELEANORE GERST REINE.R" (860)945-6001
DAVIU'L.GUSSAK
OF C.OUNSEL
•AI%I>AIM717-0iINUNTRIC7pFOIL IMMA
^•Nsu AI'IMITRiP IN M!w YORK
t^AI40 ALN.11'ITIP IN MANW111MR-11%
July 28, 1999
Via 1:yax: (203)C44-7200
Town of South Windsor
Planning Dept.
1540 Sullivan Avenue
South Windsor, CT 06074-2786
Re: Application of A-Cr Builders, Inc.
Gentlemen:
The undersigned, as counsel for the applicant, A-G Builders, Inc., herewith grants an extension
of thirty (30)days for the Public Hearing on this matter.
A-G Builders,
i rf
f
David L. Gussak
Its Attorney
DLG/mrw
�t�wN SF,t�
To� 0-ye sotdA V&'dZI't
9 ` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR•co�'�� AREA CODE 860 / 644-2511
August 24, 1999
Certified #P462498021
AG Builders
Alexander Gorski
85 Ridge Crest Circle
Wethersfield, CT 06109
Dear Madam/Sir:
At the August 11, 1999, special meeting, the Inland Wetlands
Agency/Conservation Commission approved appl. #99-36W - AG Builders,
Alexander Gorski - IWA/CC permit for the repair of an eroded gully and
an existing stormwater outfall located in the Forest Village Subdivision.
Located west of Gorski Drive, east of Main Street, and south of Strong
Road, A-40 zone (Assessor's map #84, parcel #3). This approval is subject
to the following conditions:
1. One blueprint copy of the entire set of plans and this letter
reproduced thereon, must be submitted to this Commission. This
must be completed within 65 days of approval prior to any
construction activity on the site. Plans submitted to Planning &
Zoning Commission shall be considered having met this
requirement.
2. The application shall indemnify and hold harmless the Town of
South Windsor against any liability, which might result from the
proposed operation or use.
3. The permit is valid for five years and shall expire on August 11,
2004. It is the landowners)/applicant(s) responsibility to track
expiration dates and notify�heCbmmission-o#'a renewal at
least 65 days prior to expiration.
r
J
AG Builders
Alexander Gorski
August 24, 1999
Page 2
4. All approvals required must be obtained and submitted prior to any
activity on the site.
5. A contact person shall be identified on the plans.
6. A Settlement Agreement consistent with these conditions and
substantially in the form presented as a draft at the meeting of
August 11, 1999 and appended hereto as Exhibit A be executed,
recorded and performed by the applicant in accordance with its
terms.
7. That correction of the detention basin erosion problem described in
Exhibit D to the Settlement Agreement (attached hereto) be done
prior to any other work described in said Exhibit.
8. That correction of the detention basin be completed no later than
October 15, 1999, or, if not completed due to acts of God such as
the weather, that applicant shall utilize temporary stabilization
measures to be maintained until permanent stabilization is
achieved, such measures shall be consistent with Connecticut
Guidelines for Erosion Control.
9. That, if applicant fails to comply with condition 8 above, the Town
may utilize escrow funds under the Settlement Agreement to
perform the necessary work.
AG Builders
Alexander Gorski
August 24, 1999
Page 3
10. That the Design Engineer be present on site to inspect and certify
the installation of the proposed drainage structures and stormwater
conveyances at appropriate intervals or as called for by the Town.
Very truly yours,
INLAND WETLANDS AGENCY/
CONSERVATION COMMISSION
Elizabeth A. Warren, Chairperson
EAW:dr
cc: Chief Building Official
Planning & Zoning Commission
Town Engineer
y VOL. 1112PAGE 2 8 '3
�,. SETTLEMENT AGREEMENT S 8
This agreement made this Za day of d--k ItA , 1999, by and
between A.G. Builders, Inc., a Connecticut Corporation of Wethersfield, Connecticut,
Aleksander Gorski and Helena Gorski, both of Wethersfield, Connecticut, all of the
above being hereinafter referred to as the Owner/Developer, and the Town of South
Windsor, a Municipal Corporation in the County of Hartford and State of Connecticut,
hereinafter referred to as The Town.
WHEREAS, the aforesaid Owner/Developer in one or more of their capacities are
the owners and developers of certain real property situated in the Town of South
Windsor, County of Hartford and State of Connecticut, consisting of building lots and
open spaces more particularly described and depicted in Exhibit A annexed hereto and by
this reference made a part hereof, and
WHEREAS, the real property being described in Exhibit A was formerly part of a
Subdivision development within the said Town of South Windsor, which subdivision
development was originally approved by the Town of South Windsor on the 1 Oth day of
June, 1985, and
WHEREAS, dispute arose between the said Owner/Developer and the Town
regarding the completion, reworking, and/or repair and renovation of certain
improvements made by the Owner/Developer during the period of their development of
the aforesaid subdivision, and
WHEREAS, as a result of the alleged failure of the said Owner/Developer to
complete said items, the said Town did, on the 23rd day of June, 1992, undertook
1
VOI. 1112 PAGE 2(Ij 4
administrative action which purported to revoke the subdivision approval hereinabove
referenced, and
WHEREAS, in addition to said action, which purported to revoke said
subdivision approval, the said Town also initiated legal action against each and every one
of the Owner/Developer in their respective individual or corporate capacity, which action
is entitled Town of South Windsor vs. A.G. Builders, Inc., et al., and which action bearing
docket no. CV 98-0067233-5, is presently pending in the Superior Court for the Judicial
District of Tolland at Rockville, with a return date of July 14, 1998, and
WHEREAS, the said Owner/Developer and the said Town have engaged in
significant and substantive negotiations in order to undertake a resolution and settlement
of all controversies existing between them.
NOW THEREFORE WITNESSETH that for and in consideration of the mutual
covenants and agreements hereinafter described and set forth, the said Owner/Developer
and the said Town do hereby agree as follows:
1. The said Owner/Developer shall undertake action, or as of the execution
of this agreement, has undertaken action through the administrative boards
of the said Town, specifically the Inland/Wetlands Agency of the Town
of South Windsor and the Planning and Zoning Commission of the Town
of South Windsor, to obtain the necessary administrative approvals of the
Town for the rehabilitation and reinstatement of the subdivision
referenced above.
2. Said applications to the Town of South Windsor Inland/Wetlands Agency
-- - - and Planning andZoning-Commission, if not presently pending, shall be
2
VOL. 1112PAGE 2 8 5
made within fifteen(15) days of the execution of this agreement, and shall
be made in conformity with presently pending planning and zoning and
wetlands statutes and regulations of the State of Connecticut and Town of
South Windsor.
3. The Town shall promptly and effectively receive, process, comment upon
and assist the said Owner/Developer in processing said applications to the
fullest extent possible in conformity with the aforesaid statutes and
regulations.
4. As promptly as possible, from the date of execution of this agreement, the
said Town, through its aforesaid Inland/Wetland Agency and Planning and
Zoning Commission, shall undertake such action and activity as may be
necessary to rehabilitate and/or reinstatement the aforesaid subdivision.
The terms and conditions of this Settlement Agreement and any action by
the aforesaid Inland/Wetlands Agency and Planning and Zoning
Commission shall be held in abeyance and stayed by the parties hereto in
the event and during the pendency of any appeal which shall be filed with
respect to said actions by a third party. In the event of such appeal, and in
the event that the said Town shall determine in good faith that a condition
exists which threatens the public health and safety which mandates the
undertaking of corrective action on the aforesaid former subdivision, and
said action is within the scope and purview of this agreement, then and in
such event, the Town shall make written demand of the Owner/Developer
--to undertake such-corrective-action-only.-In-the eventthe-said -- - - -
VO1. 1112 PAGE 2 Sj G
Owner/Developer shall neglect or refuse for a period of fifteen(15) days
after receipt of such notice to commence the said corrective action,then
and in such event the said Town shall be authorized and empowered to
undertake such corrective action and to expend funds necessary for such
corrective action. Such funds as shall be expended shall constitute a first
lien upon the property described in Exhibit C herein to the extent of such
expenditures. If and in the event the said Town cannot be satisfied that
such monies as may be expended shall constitute a first lien upon the
property described in Exhibit C, then and in such event the said Town
shall be, at itAble and exclusive discretion, authorized and empowered to
reactivate the pending legal action hereinabove referenced and set forth.
A first lien as described herein shall be a first lien exclusive of real estate
taxes due and owing to the Town of South Windsor.
5. Notwithstanding the rehabilitation and reinstatement of said subdivision
by the aforesaid agencies and commissions of the Town of South Windsor,
the Owner/Developer shall accept the following restrictions and
obligations and undertake the following commitments which shall be
considered to be part of the reinstatement and rehabilitation of the
aforesaid subdivision, and any breach by the Owner/Developerdf the
conditions, obligations and commitments hereinafter set forth shall entitle
the Town to consider the Owner/Developer to be in default of this
agreement and to undertake the actions more fully hereinafter set forth.
4
VOL. 1112PAGE 287
6. At such time as the Town shall have completed action to reinstate and
rehabilitate the aforesaid subdivision, and upon expiration of any appeal
period which may pertain to such approval, the Owner/Developer shall
execute and deliver to the Town a real estate bond in the penal sum of
Two Hundred Thirty-Three Thousand ($233,000.00) Dollars in the form
more particularly described in Exhibit B, a copy of which is annexed
hereto and by this reference made a part hereof. Said Town may record
such bond and such bond shall constitute a first lien exclusive of real
estate taxes owed to the Town of South Windsor upon those lots or open-
spaced areas which shall be presently owned by any or all of the said
Owner/Developer as described in Exhibit C herein. At the time of
execution of this agreement, the Owner/Developer shall have taken all
necessary action, either by way of release of any existing lien or
subordination of any existing lien to ensure that such lien as may be
represented by the real estate bond described in Exhibit B herein shall
constitute a first lien exclusive of real estate taxes upon said property.
7. The Owner/Developer hereby warrants and agrees that as of the date of
execution of this agreement, the said Owner/Developer are the owners of
certain open spaces depicted on the aforesaid subdivision map, and are
also the owners of the property depicted on said map as nineteen(19) lots
in said former subdivision. The respective ownership of this parcel owned
by the Owner/Developer in the specific property depicted as lots in the
— - -—former subdivision owned-by the Owner/Developer-is more particularly-
5
VOL. 1112 PAGE AMO
described and set forth in Exhibit C, a copy of which is annexed hereto
and by this reference made a part hereof, and it is to said property
described in Exhibit C that the bond to be executed by the
Owner/Developer in favor of the said Town shall,appertain.
8. Said bond, except as it may be released and collateral substituted thereof
in accordance with the terms and conditions of this agreement shall remain
in full force and effect for a period of one (1) year following the
completion date of the actions, renovations, and corrections to
improvements in the said former subdivision which are more fully
hereinafter described and set forth. The determination of satisfactory
completion shall be made solely and exclusively by the designated
representative of the Town as hereinafter described and set forth, but said
satisfactory completion shall not be unreasonably withheld. Evidence of
satisfactory completion of all items in Exhibit D shall be the complete
release of any real estate bond which may remain at the time of
satisfactory completion, or complete release of any cash bond which shall
be in effect as more fully hereinafter set forth. In addition, the
Owner/Developer may request and record a statement by the duly
authorized representative of the Town that all items, conditions and
construction have, in fact, been completed, and said statement may be
recorded upon the Land Records.
9. Upon approval by the Town of such action as shall rehabilitate or reinstate
the subdivision of the_Owner/Developer,_and the expiration of such apa meal_
6
VOI. 1112 PAGE
_ period as may appertain thereto, which appeal period shall expire without
legal action being instituted by any individual person, firm or corporation
to appeal the reinstatement decision of the Town for reinstatement and/or
rehabilitation of the Owner/Developers' former subdivision, the
Owner/Developer shall undertake the corrective actions repairs,
renovations and/or completion of those items more particularly described
and set forth in Exhibit D annexed hereto and by this reference made a
part hereof. The Owner/Developer shall, unless required by legal
proceeding to terminate its actions in performance of the items set forth in
said Exhibit D, use its best efforts to complete said items one hundred and
twenty (120) days from the commencement date set forth herein. To the
extent necessary, any item in Schedule D may be deferred for completion
due to weather or other seasonal considerations by mutual agreement, in
which case said items shall, be excluded from the aforesaid completion
date.
10. Upon approval by the Town of such action as shall rehabilitate or reinstate
the former subdivision of the Owner/Developer and the expiration of such
appeal period as may appertain thereto, which appeal period shall expire
without legal action being instituted by any individual, person, firm or
corporation to appeal the reinstatement decision of the Town for
reinstatement and/or rehabilitation of the Owner/Developer's former
subdivision, the Owner/Developer may undertake the sale of any or all of
- -- the-lots-described-in-Exhibt-C.--No-such-sale-may-occur-during-the— -- - - ---
7
voL. 1 1 1 2 PAGE 2 OV 0
pendency of any appeal until such appeal has been satisfactorily resolved.
The Owner/Developer shall be entitled to obtain a release of the real estate
bond described in Exhibit B from any lot or lots which the
Owner/Developer may sell, and the Town agrees to promptly execute such
release upon the terms and conditions described in paragraph I 1 below in
a form described in Exhibit E annexed hereto and by this reference made a
part hereof.
1 1. The Owner/Developer shall be entitled to obtain said release from the
Town upon the following terms and conditions:
a. Seller's counsel shall, at the time of closing of each released lot, remit
to counsel for the Town a cashier's check, certified check or attorney
trustee check of Reiner, Reiner, Bendett, P.C. in the sum of Thirty
Thousand ($30,000.00) Dollars for the first five (5) lots sold; thereafter
the escrow release shall be Twenty Thousand($20,000.00) Dollars per
lot until a total of Two Hundred Thirty Thousand ($230,000.00)
Dollars has been reached, said sum to be placed in an interest-bearing
escrow account to be jointly controlled by counsel for the
Owner/Developer and counsel for the Town. It is the intent and
purpose of the parties hereto that the Owner/Developer may, by use of
this escrow account procedure, undertake the sale and marketing of its
real property and shall concurrently substitute cash for a portion of the
real estate bond hereinabove described, and such cash as shall be
-- - substituted by this procedure shall-be-presumed-and-c-0nstrued-to-be - - - --- --
8
Yoc. 1112 PAGE 2 9 1
part of an overall bond consisting partly of cash and partly of real
estate and shall be subject to all of the terms, conditions and
restrictions governing bonds set forth in the agreement. The Town
agrees to release all bonds either cash or real estate or portions thereof
expeditiously and in accordance with its administrative procedures;
and
b. Owner/Developer agrees that at time of closing, each prospective
purchaser shall be furnished with a copy of this settlement agreement
which delivery to said purchaser shall be acknowledged by execution
by said purchaser of a receipt for the said document, which receipt
shall be in the form and condition as more particularly described and
set forth in Exhibit F, a copy of which is annexed hereto and by this
reference made a part hereof.
12. Notwithstanding the requirements of paragraph 11 herein, the
Owner/Developer and the Town agree that once Owner/Developer has
deposited the sum of Two Hundred Thirty Thousand ($230,000.00)
Dollars into the cash escrow described in paragraph 11, the
Owner/Developer shall be released and excused from making any further
cash deposits to the escrow, it being agreed between the parties hereto that
a cash bond of Two Hundred Thirty Thousand ($230,000.00) Dollars shall
constitute full and adequate security for the performance and completion
of the items described in Exhibit D, and upon the payment to escrow of
9
YOI. 11 .12PAGE 292
said sum, the Owner/Developer may obtain further releases of lots without
the necessity of making any additional payment to the cash escrow.
13. In addition to the escrow provision described above the Town and
Owner/Developer agree that for the first three (3) lots only which are sold
by the Owner/Developer, a sum equal to one-half of the net proceeds (as
hereinafter described) shall be remitted to Owner/Developer's counsel
(David L. Gussak, Esquire of Reiner, Reiner& Bendett, P.C.) who shall
hold said proceeds until such time as bills or invoices for the work
described on Exhibit D shall be submitted at which time said monies may
be disbursed towards the satisfaction of said bills or invoices; net proceeds
as described herein shall be the sales price, less any bond escrow payment
as described herein and less any sales expenses, such as commissions,
legal fees, conveyance taxes and less any adjustments required for
payment of real estate taxes. Once three lots are sold this proviso shall
expire.
14. Owner/Developer and the Town agree that either the Owner/Developer or
any person, firm or corporation which shall purchase any lot or lots from
the Owner/Developer shall be entitled to obtain a building permit or
permits for each such lot from the Town provided the Owner/Developer or
the entity who shall have purchased said lot from the Owner/Developer
shall comply with and meet all requirements of the Town for the procuring
of a building permit, and further provided that the cash escrow deposit for
each-of_such_lots_fox_which_a_building_permit_is_r_equested_shall_have_been
_______
10
VOI. 11 2PAGE AW
made in compliance with the provisions of paragraphs 10, 11 and 12
herein. At the discretion of the Town and as a condition for the issuance
of Building Permits, the Town may impose a requirement that for the first
five (5) lots released from the real estate bond, the escrow deposit shall be
the sum of Thirty Thousand ($30,000.00) Dollars for each of such lots.
After five (5) lots have been released, the sixth lot and each subsequent
lot, the escrow deposit shall be the sum of Twenty Thousand ($20,000.00)
Dollars.
15. The Owner/Developer and the Town further agree that the
Owner/Developer or any person, firm or corporation which shall have
purchased a lot or lots from the Owner/Developer may, upon completion
of the improvements to any lot pursuant to a building permit obtained in
accordance with paragraph 13 herein, obtain a Certificate of Occupancy
for such improvement, provided such improvement shall have been
constructed in conformance to the building, health and safety codes
pertaining to such structure, and shall have passed such requisite
inspection procedures required by the building, health and safety officials
of the Town.
16. The parties hereto agree that upon completion by the Owner/Developer of
items as described in Exhibit D, the Owner/Developer shall be entitled to a
reduction of the bond as follows:
a. If the bond is solely and exclusively a cash bond, the sum
of cash being held maybe reduced by the amount allocated
11
VOL. 1112PAGE 2 9 4
in Exhibit D for those items completed to the satisfaction of
the Town.
b. If said bond shall consist solely of real estate, or of both cash
and real estate, said real estate bond may be reduced by one (1)
lot for each Thirty Thousand($30,000.00) Dollars of value for
the items completed to the satisfaction of the Town as allocated
in Exhibit D.
The completion of each of the items in said Schedule D must be
confirmed in writing by the designated officials who shall be responsible
for the inspection of such items to permit the bond reductions set forth
herein.
Notwithstanding any reduction in the bond permitted under this
section, the Owner/Developer shall still be bound by the escrow
provisions of paragraphs 10, 11 and 12, except that if the completion of
items described in Exhibit D have been confirmed in writing as provided
herein, the cash escrow shall not need to be greater than the amount
allocated to the remaining items in Exhibit D.
17. Upon completion of all items in Exhibit D, or upon completion of all said
items, excluding any item whose completion date shall have been
deferred by mutual agreement of the parties hereto,the Owner/Developer
shall be entitled to a reduction of the bond to a sum not to exceed Thirty
Thousand ($30,000.00) Dollars, which bond shall be held for a period of
one-(1)-year-from-the-date-upon which-completion-shall-be-confirmed-in - -
12
VOL. I 112 PAGE 9
writing by the designated Town representative as provided in paragraph 15
herein. Upon the expiration of said year, the bond monies shall be
released and any remaining lien shall be released. The mutual deferral of
completion of any item in Exhibit D shall not extend the time for the bond
reduction contemplated herein, except that if upon the expiration of one
(1) year any item in Exhibit D remains incomplete, then a sum
representing one hundred fifty (150%)percent of the completion cost of
such incomplete item may be retained by the Town until such item shall
be completed. The designation of an item in Exhibit D as being
incomplete and the completion cost of such item shall be stated in writing
to all parties by the designated representative of the Town, and such
statement of in completion and statement of cost of completion shall be
presumed by the parties hereto to be conclusive, unless the
Owner/Developer can establish that either or both of such designations are
made in bad faith, in which event the Owner/Developer may make
demand for arbitration of such dispute in the manner hereinafter set forth.
18. The parties hereto, pursuant to the provisions of paragraph 9 herein, have
agreed that Owner/Developer shall complete the items designated in
Exhibit D in a period one hundred twenty (120) days unless the
completion date for any item or items shall, by mutual agreement, be
extended beyond said date. In the event the Owner/Developer shall fail to
meet such completion date, then the Town shall be required to give notice
_ _o£such_default_in_completion. Such_notiee_shall-he_in writing-in_the_
13
voL. 1112 PAGE 296
manner and to the parties hereinafter set forth, and said notice shall state
with specificity the particular item or items which it is claimed are
incomplete, and the specific defect or defects it is claimed exist.
Upon receipt of notice of default of completion, the
Owner/Developer shall have a period of thirty (30) days from receipt of
such notice to undertake such action as may be necessary to correct or
complete the items depicted in such notice. Any change in building or
construction codes which may occur subsequent to the date of this
agreement which could change the requirements of completion of items
set forth in Exhibit D, shall not constitute an enlargement or additional
responsibility of the Owner/Developer and any failure of
Owner/Developer to comply with such change or modification shall not
constitute a default under this agreement, and shall not constitute grounds
or basis for the Town to refuse to reduce or release the bond lien or bond
monies. Completion by Owner/Developer of the items set forth in Exhibit
D in conformance with construction, health and safety codes as they exist
as of the date of this agreement, shall be presumptive and conclusive
evidence that the Owner/Developer has complied with and fulfilled its
obligations under this agreement.
19. In the event Owner/Developer shall fail to complete any item on Exhibit D
within the default period set forth in the notice of default described in
paragraph 17 herein, then and in such event the Town shall be entitled to
14
VOL. 1112PAGE 2 9 '7
utilize escrow monies established under the cash bond provisions of this
agreement to the extent necessary to remediate such default.
Until such default shall have been cured, the Town shall not be
required to release any escrow cash, nor shall the Town be required to
release any additional lots from the real estate bond.
20. The Town hereby designates its Director of Planning, its Wetlands
Enforcement Officer, its Town Engineer and Owner/Developer, Design
Engineer for the detention basin portion of Exhibit D, as the persons
designated to perform the necessary inspections, due diligence and written
confirmations required by this agreement. In the event the said Town
officials shall be unavailable to undertake these obligations for a period
exceeding one week, then the next ranking member of the department in
which said Town official is employed shall undertake these duties and
obligations.
21. Upon the expiration of one (1) year from the completion date of all of the
items set forth in Exhibit D, as said completion date is described and
defined herein, the Town shall remit and turn over to the
Owner/Developer all monies which remain in the escrow account and
shall further execute and deliver to the Owner/Developer a document
which shall fully release and discharge the bond lien described in Exhibit
B herein.
22. The parties hereto agree that any dispute that may arise over the terms,
ion set forth in this agreemenf sh—all-be-resolved-by
15
VOI. 1112 PAGE 298
arbitration as described herein acceptable to both parties. The parties shall
submit the matter to Alternative Dispute Resolution or a like or similar
entity which organization shall select a single arbitrator who shall be
acceptable to both parties. The costs of the arbitration process shall be
borne equally by the parties, except that either party may request that the
arbitrator, as part of the final award, include its share of the arbitration
costs as part of a ruling in its favor. Such arbitration costs may, at the
discretion of the arbitrator, include reasonable attorney's fees or, in the
case of the Town, an award which would be the equivalent thereof.
The decision of the arbitrator shall be conclusive and binding and
may be enforced by judicial decree or order upon confirmation of the
award in accordance with prevailing statutes.
23. The parties hereto agree that this agreement shall be construed and
interpreted under the laws of the State of Connecticut.
24. The parties hereto agree that this agreement represents the full and
complete understanding between the parties, that there exist no other
agreements, either written or oral, between the parties hereto regarding the
subject matter of this agreement, that this agreement may only be altered,
amended or modified by a written agreement duly executed by all of the
parties hereto.
25. Notices required herein shall be given to:
16
VOL. 1112PAGE 2099
As to Owner/Developer:
Aleksander Gorski
Helene Gorski
85 Ridge Crest Circle
Wethersfield, CT 06109
With a copy to:
David L. Gussak, Esq.
REINER, REINER& BENDETT, P.C.
160 Farmington Avenue
Farmington, CT 06032
As to Town:
Town of South Windsor
Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Town Manager
With a copy to:
Barry D. Guliano, Esq.
773 Main Street
Manchester, CT 06040
Notice described above shall be by both regular mail and certified mail to all
designated parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in duplicate on the date first-above written.
Witness: TOWN OF SOUTH WINDSOR
_ Y '
Matthew B. Galligan
Its Manager
17
VOA. 1 112 PAGE 0 0
A.G. BUILDERS, INC.
By
Did vi v� E Ss r�K Aleksander Gor 9i
Its President
U�01 D L, G«s 54 r' Aleksander Gorski
J Gf ju-r G l2IK
I�elena Gorski
�L( s �ogSk(
STATE OF CONNECTICUT)
)ss. Farmington, CT October lb , 1999
COUNTY OF HARTFORD )
Personally appeared Aleksander Gorski, President of A.G. Builders, Inc. signer of
the foregoing instrument and acknowledged it to be his free act and deed and the free act
and deed of the corporation by himself as President.
Commissioner of the Superior Court
STATE OF CONNECTICUT)
)ss. Farmington, CT October , 1999
COUNTY OF HARTFORD )
Personally appeared Helena Gorski signer of the foregoing instrument and
acknowledged it to be her free act and deed and the fr deed before me.
Commissioner e Superior Court
18
VOL. 111 2 PAGE 301
STATE OF CONNECTICUT)
)ss. Farmington, CT October vZC , 1999
COUNTY OF HARTFORD )
Personally appeared Matthew B. Galligan, Town Manager of the Town of South
Windsor, signer of the foregoing instrument and acknowledged it to be his free act and
deed and the free act and deed of said municipal corporation by himself as its Town
Manager.
:%�
Commissione of t e S perior Court
DLG:glc
c:\glc\agb.exa
19
Vol, i i i �2- AC-L- 301
EXHIBIT A
LEGAL DESCRIPTION OF THE SUBDIVISION
Those certain parcels of land situated in the Town of South Windsor, County of
Hartford and State of Connecticut described as:
A-40 open space subdivision
A.G. Builders Co.
1052 Main St.
Newington, CT
Drawing 1 of 13
KIRAN ENGINEERS, INC.
CIVIL-SANITARY-STRUCTURES
ENFIELD, CONNECTICUT
FOREST VILLAGE
SCALE: as noted DATE: Feb. 1985
Rev. 1 2/20/86
Rev. 2 4/20/86 Det. P
16
Vol , illJ- PXL 361
EXHIBIT B
REPLICA OF THE REAL ESTATE BOND
1fol, i i PAle E 3c�4
Exhibit A
Those certain pieces or parcels of land situated in the Town of South Windsor,
County of Hartford and State of Connecticut known as Lots-1,2, 3,4, 5, 6, 8, 9, 16, 21,
23, 24, 26, 33, 34, 36, 37, 38 and 39 together with area depicted as"open space"on a
Map or plan entitled"A-40 Open Space Subdivisions A.G. Builders Co. 1052 Main St.
Newington KIRAN ENGINEERS INC CIVIL-SANITARY-STRUCTURES ENFIELD,
CONNECTICUT, FOREST VILLAGE Scale as noted Feb. 1985,Rev. 1 2/20/86 Rev. 2
4/20/86"which map or plan is on file with the Town Clerk's Office in said Town of
South Windsor to which reference may be had.
c:\glc\agb.exa
r
EXHIBIT C
LOTS AND OPEN SPACE AREAS PRESENTLY
OWNED BY THE OWNER/DEVELOPER
Forest Village Subdivision Lot numbers: 1, 2, 3, 4, 5, 6, 8, 9, 16, 21, 23, 24,
26, 33, 34, 36, 37, 38 and 39.
Vol , m L PAGE 304
EXHIBIT D
WORK TO BE DONE -EFFECTIVELY THE ITEMS ENUMERATED IN LETTER
OF MARCH 17, 1999 FROM DAVID GUSSAK TO ATTORNEY GIULIANO
See attached.
1 1 1 4 fL 10 �tbkYti OF SOUTH WINDSOR
PROJECT: 1-v �V l!-Ld}bE A1G I67 _ T�YWS—
STREET: 5AUC ;gr-f $avE BOND ESTIMATE FORM f�o6 �JD?-..L/ti��•u D�
P&Z I.D.:
ENGINEER: 1998 CALENDAR YEAR De 7FhJ77,0,L)14::514)
DATE:
Bond Bond
Unit Reduction Reduction
Item Descri tion Unit Ouantiry Cost No. I
1. Clearing & Cxubbinir
Strip & Stockpile
T i 2-00
3. Earth Excavation
(Excluding Roadway
& Trench) 10.00
4. koadway Excavation12.00
5. Earth Trench Exc. 0-4 CY - 10-00
6. Earth Trench Exc. 0-10 CY 12.00
7. Earth.Trench . 0-1
8. Earth Tres -2
9. Ro wa Exc. R
10. Rock tree 0-4 CY M-no
1 I. Rock Trench Exc 0-10 CY 75.00
12. Rock Trench Exc. 0-15 CY10 .00
13. Rock Trench Exc. -20 cly 150,00
14. Formation of
15. Subb a Gravel
16. Prmmed A
17. Common Borrow Cy �OD 1 Z,ODb
IS. Gravel Borrow CY
19. "'Bit. Conctte
(Class 1) TONS
20. / �Z." Bit. Concrete 3
m [=:TQNS-
*varies
Page 1 Sub-Total S D� Z
tSU(r U GJ L.IA i c r U 1'."
VOL. 1 1 1 2 PA G E 307 Band Bond
Unit Reduction Reduction
item' Des ti nit Quantity Price N . 1 tio.
21. m F
000 3,eoo
22. Road Widening- m 1 s
23. Conc Sidewtik4' Wide F Z5D0 30.00
7S, OD0
STORM DRAINAGE SYSTEM COMPONENTS
24, " RCP Class IV In Pf
25. " RCP Clw3 IV In Plam LF 100.00
26. 4 " 75.00
27, 42" R
28. 36" RCP Claw IV In Plam LF 60,00
29 0" R iV In Ram LF 50.00
30. 24" R 1V In Plam LF 42.00
1. 18" RCP Class TV In Plam LF 35.00
2. 1 " RQE Clan IV In PI
P/PE3 E Q- •DO �v�D
POLYETHYLENE PIPE
34. " AD -N-12
35. I "
36. 12" ADS-sf-
7. 1 " ADlN-
1 " AD N-
UNDERDRAINS
9. R
40. sw ?vC SDR 35 in P!
RIPRAP
41. Modifled Rig= CY 45.00
Page 2. Sub-Total S S/4 S D
BOND ESTIMATE FORM VOL. 111 2 PAGE 3 0 8
Bond Bond
Unit Reduction Reduction
Item Description Unit an ' Price N 1 No
42 45.00
43. StandardRi2132 CY 45.00
DRAINAGE STRUCTURES
44. T Basin 1
4 . T " Double ppp_
46. T Bain EA 1500.00
47.
48. Manhole wADrov Inlet
49. Manhole Over Ten Feet FA 2000.00
50, T-Teadwali FAe
s
52. Box culv x LFa
53, " F1 450,
54, w Fl
55, 24" Flared End EA 550.00
M. " Flared Sw EA
57.
58,
10' Wide
59, Gravel Accws Road 15.00
60.- Reset M.H. B
SANITARY SEWER C®MPOIVEMTS
61. 2" PVC 40.00
2 1 "
63, w
varies
Page 3. Sub-Total S Z/ DDT
FEUhL) CJ1 11rLr�+c
VOL. 1 1 1. 2 PAGE •� � Bond Bond
Ueit Reduction Reduction
It esczi ti nit antics Pti
rri I? t No. 1 N0.
SANITARY SEWER STRUCTURES
snit Manhole
66. Sanitary Manhole
w Inlet EA 2500.00
67, Sanitary Manhole
over 10 FT EA 2000.00
Zqw e-v- M- l,00.oo 640
69,
STRUCTURES & MISC. ITEMS
70. Retainin l LF
71. Fend
72, Guide Rail
73, End Anchota�e
MY= EA
74. Guide Post EA 100.00
7 . Pavement Marking
76, Streeti 75.00
77. Traffic i 75.00
78, Street Lights 1000.00
79. Ftmrishint; 1 53 3 8 33
/P1
80, Fertilizing. 3 3,and Mulching sy 2.50
3 3
1, Trees Zo 3,oao
82. Maintenancy?mte=ion ? a 00
fTrifric-----
83, - - - - *--- - -- -- --- -- - -- -
i
* varies
Page 4. Sub-Total S 6 `7'/ 2 66
BOND ESTIMATE FOR.tii
VOI. I I I 2 PAGE 3 -1- 0- Bond Bond
Unit Reduction Reduction
= Item Dc=2tion Unit Ouantiry Prim I No.
94, -B it
F-A 4.0 . 100m4000
86. Concrp-te MonumentS E,# 4-57 �
7 Driveway-Bit,
CLama 0P&-,u SPACE LS
88. C'7UTr2ohUCc-
89. AVEMCvT T ,1165 s. . Z SOD 34
90. t /01 Ii&-&-P L S — Z sDO
Sub-Total S
Sub-Total Page 1 S Zd> 066
Sub-Total Page 2 S '2 9,
Sub-Total Page 3 S Z O 06
Sub-Total Page 4$ 1 4, �
Sub-Total Page 5 S 3 d/ :z Z-
Sub-Total S 1 4-S, 4-1 Z
iD`r1a
o Contingencies x Sub-Total: S _
TOTALS � J
* varies
Page 5.
/vs/lez/BONDE3TT-0R�44Nurm95
JUL 26 '9.9 11:00AM F.A. HESCETH & Assoc 203 2ES0297 V 0 L. 1112 PA G E 3 1 1*3
FORREST VILLAGE SU13DIVISION
Detention Pond Outafail
COS TSS7y1 A7F
DESCRIPTION UNIT QUAN. UNIT PR. sum
Mobilization L.S. 1 .-$1,000.00 $1;-00 ?,000
Sedimentation &Eros.Control L.S. 1 $1,000.00
Site Clearin &Preparation- L.S. 1 $3,000.00 $3,000 ✓
.Constr. Exit Anti Track Pad EA. 2 $2,000.00 $4,000
Earth Excavation fill C,Y. 700 ►o ,o o o
Gravei-Access Road 10'wide L.F. 500 $15.00 $7,500
Outlet Control Structure L.S. 1 $6,000.00 $6,000
CB's E4. 1 $2,500.00 $2,500
CPE S LF. 150 $35.00 $5,250
Conc. FES EA. 1 $500.00 $500
Piprae Emerpency Spillway C.Y. 130 4-s-$4a& $5;200 S-sti
rao Basin/A ron C.Y. 30 .44 $46-M $1.,200" ►
Ri 3S'b
Ri ra• Swale C.Y. 70 4--J $46;00 woo
Topsoil&Turf Estab. S.Y. 900
As-Built•Survey/Plan LS. 1 $2,000,00 $2,000
TOTAL .$Mr 41W
T P ._r OAJ
`?�coo,
File 98208 7126199
P
VOL. 1 1HIBITAEE 312
FORM OF RELEASE
PARTIAL RELEASE OF MORTGAGE
AS TO LOT# , FOREST VILLAGE SUBDIVISION
SOUTH WINDSOR, CONNECTICUT
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING:
KNOW YE, THAT THE TOWN OF SOUTH WINDSOR A MUNICIPAL CORPORATION OF
THE COUNTY OF HARTFORD AND STATE OF CONNECTICUT does hereby partially release
and discharge a certain mortgage from A.G. Builders, Inc. to the Town of South Windsor dated
, 1999 and recorded in the Land Records of the Town of South Windsor,
County of Hartford and State of Connecticut in Volume at Page to which
reference may be had: the indebtedness or other obligation secured thereby having been partially
satisfied or alternative collateral having been substituted pursuant to a certain agreement dated the
day of , 1999.
IN WITNESS THEREOF, has hereunto set its hand and
seal this day of , 1999.
Signed and Delivered in the presence of TOWN OF SOUTH WINDSOR
BY
ITS
DULY AUTHORIZED
STATE OF CONNECTICUT)
) ss. South Windsor ' 1999
COUNTY OF HARTFORD )
Personally appeared , as
aforesaid signer of the foregoing instrument, and acknowledges the same to be
free act and deed as such and the free act and deed
of said municipal corporation, before me.
Notary Public/Commissioner of
-- -- - ---- - -- -------- the Superior-Court— - --- -- - -
20
s
VOI. 1112 PAGE 313
EXHIBIT F
PURCHASER'S RECEIPT FOR SETTLEMENT AGREEMENT
The undersigned being a purchaser(s) of Lot# of the
subdivision in South Windsor, Connecticut acknowledges that he, she, they have received
a copy of a certain Settlement Agreement between A. G. Builders, Inc., Aleksander Gorski,
Helena Gorski and the Town of South Windsor dated the day of , 1999.
Witness our hands and seals.
PURCHASER
Date: 1999
PURCHASER
22
VOL. 1112 PAGE ti 8 3
SETTLEMENT AGREEMENT 6858
This agreement made this Za day of Oc-4 Iz , 1999, by and
between A.G. Builders, Inc., a Connecticut Corporation of Wethersfield, Connecticut,
Aleksander Gorski and Helena Gorski, both of Wethersfield, Connecticut, all of the
above being hereinafter referred to as the Owner/Developer, and the Town of South
Windsor, a Municipal Corporation in the County of Hartford and State of Connecticut,
hereinafter referred to as The Town.
WHEREAS, the aforesaid Owner/Developer in one or more of their capacities are
the owners and developers of certain real property situated in the Town of South
Windsor, County of Hartford and State of Connecticut, consisting of building lots and
open spaces more particularly described and depicted in Exhibit A annexed hereto and by
this reference made a part hereof, and
WHEREAS, the real property being described in Exhibit A was formerly part of a
Subdivision development within the said Town of South Windsor, which subdivision
development was originally approved by the Town of South Windsor on the 10`h day of
June, 1985, and
WHEREAS, dispute arose between the said Owner/Developer and the Town
regarding the completion. reworking, and/or repair and renovation of certain
improvements made by the Owner/Developer during the period of their development of
the aforesaid subdivision, and
WHEREAS, as a result of the alleged failure of the said Owner/Developer to
complete said items, the said Town did, on the 2-) day of June, 1992, undertook
1
VOL. 1112 PAGE 2(Ij 4 .
administrative action which purported to revoke the subdivision approval hereinabove
referenced, and
WHEREAS, in addition to said action, which purported to revoke said
subdivision approval, the said Town also initiated legal action against each and every one
of the Owner/Developer in their respective individual or corporate capacity, which action
is entitled Town of South Windsor vs. A.G. Builders, Inc., et al., and which action bearing
docket no. CV 98-0067233-S, is presently pending in the Superior Court for the Judicial
District of Tolland at Rockville, with a return date of July 14, 1998, and
WHEREAS, the said Owner/Developer and the said Town have engaged in
significant and substantive negotiations in order to undertake a resolution and settlement
of all controversies existing between them.
NOW THEREFORE WITNESSETH that for and in consideration of the mutual
covenants and agreements hereinafter described and set forth, the said Owner/Developer
and the said Town do hereby agree as follows:
1. The said Owner/Developer shall undertake action, or as of the execution
of this agreement, has undertaken action through the administrative boards
of the said Town, specifically the Inland/Wetlands Agency of the Town
of South Windsor and the Planning and Zoning Commission of the Town
of South Windsor, to obtain the necessary administrative approvals of the
Town for the rehabilitation and reinstatement of the subdivision
referenced above.
2. Said applications to the Town of South Windsor Inland/Wetlands Agency
and-Planning a z-oning Commission, if not presently pending, shall be
voL. 1 l 12 PAGE 2 5
made within fifteen (15) days of the execution of this agreement, and shall
be made in conformity with presently pending planning and zoning and
wetlands statutes and regulations of the State of Connecticut and Town of
South Windsor.
3. The Town shall promptly and effectively receive, process, comment upon
and assist the said Owner/Developer in processing said applications to the
fullest extent possible in conformity with the aforesaid statutes and
regulations.
4. As promptly as possible, from the date of execution of this agreement, the
said Town, through its aforesaid Inland/Wetland Agency and Planning and
Zoning Commission, shall undertake such action and activity as may be
necessary to rehabilitate and/or reinstatement the aforesaid subdivision.
The terms and conditions of this Settlement Agreement and any action by
the aforesaid Inland/Wetlands Agency and Planning and Zoning
Commission shall be held in abeyance and stayed by the parties hereto in
the event and during the pendency of any appeal which shall be filed with
respect to said actions by a third party. In the event of such appeal, and in
the event that the said Town shall determine in Qood faith that a condition
exists which threatens the public health and safety which mandates the
undertakinu of corrective action on the aforesaid former subdivision, and
said action is within the scope and purview of this agreement, then and in
such event, the Town shall make written demand of the Owner/Developer
to undertake-such-corrective-action-only.. In-the-event the said -
VO1. 1112 PAGE 2 8 6
Owner/Developer shall neglect or refuse for a period of fifteen(15) days
after receipt of such notice to commence the said corrective action, then
and in such event the said Town shall be authorized and empowered to
undertake such corrective action and to expend funds necessary for such
corrective action. Such funds as shall be expended shall constitute a first
lien upon the property described in Exhibit C herein to the extent of such
expenditures. If and in the event the said Town cannot be satisfied that
such monies as may be expended shall constitute a first lien upon the
property described in Exhibit C, then and in such event the said Town
shall be, at itAle and exclusive discretion, authorized and empowered to
reactivate the pending legal action hereinabove referenced and set forth.
A first lien as described herein shall be a first lien exclusive of real estate
taxes due and owing to the Town of South Windsor.
5. Notwithstanding the rehabilitation and reinstatement of said subdivision
by the aforesaid agencies and commissions of the Town of South Windsor,
the Owner/Developer shall accept the following restrictions and
obligations and undertake the following commitments which shall be
considered to be part of the reinstatement and rehabilitation of the
aforesaid subdivision, and any breach by the Owner/Developerdf the
conditions, obligations and commitments hereinafter set forth shall entitle
the Town to consider the Owner/Developer to be in default of this
agreement and to undertake the actions more fully hereinafter set forth.
4
VOL. 1112PAGE 287
6. At such time as the Town shall have completed action to reinstate and
rehabilitate the aforesaid subdivision, and upon expiration of any appeal
period which may pertain to such approval, the Owner/Developer shall
execute and deliver to the Town a real estate bond in the penal sum of
Two Hundred Thirty-Three Thousand ($233,000.00) Dollars in the form
more particularly described in Exhibit B, a copy of which is annexed
hereto and by this reference made a part hereof. Said Town may record
such bond and such bond shall constitute a first lien exclusive of real
estate taxes owed to the Town of South Windsor upon those lots or open-
spaced areas which shall be presently owned by any or all of the said
Owner/Developer as described in Exhibit C herein. At the time of
execution of this agreement, the Owner/Developer shall have taken all
necessary action, either by way of release of any existing lien or
subordination of any existing lien to ensure that such lien as may be
represented by the real estate bond described in Exhibit B herein shall
constitute a first lien exclusive of real estate taxes upon said property.
7. The Owner/Developer hereby warrants and agrees that as of the date of
execution of this agreement, the said Owner/Developer are the owners of
certain open spaces depicted on the aforesaid subdivision map, and are
also the owners of the property depicted on said map as nineteen (19) lots
in said former subdivision. The respective ownership of this parcel owned
by the Owner/Developer in the specific property depicted as lots in the
for—mer--subdivision-owned-by-the-Owner/Developer is-more particularly-
5
VOL. 12PAGE 2008
described and set forth in Exhibit C, a copy of which is annexed hereto
and by this reference made a part hereof, and it is to said property
described in Exhibit C that the bond to be executed by the
Owner/Developer in favor of the said Town shall appertain.
8. Said bond, except as it may be released and collateral substituted thereof
in accordance with the terms and conditions of this agreement shall remain
-in full force and effect for a period of one (1) year following the
completion date of the actions, renovations, and corrections to
improvements in the said former subdivision which are more fully
hereinafter described and set forth. The determination of satisfactory
completion shall be made solely and exclusively by the designated
representative of the Town as hereinafter described and set forth, but said
satisfactory completion shall not be unreasonably withheld. Evidence of
satisfactory completion of all items in Exhibit D shall be the complete
release of any real estate bond which may remain at the time of
satisfactory completion, or complete release of any cash bond which shall
be in effect as more fully hereinafter set forth. In addition, the
Owner/Developer may request and record a statement by the duly
authorized representative of the Town that all items, conditions and
construction have, in fact, been completed, and said statement may be
recorded upon the Land Records.
9. Upon approval by the Town of such action as shall rehabilitate or reinstate
the subdivision of the Owner/Developer, and the expiration_of_such_appeal
6
YoL. 1112PAGE ti 8 9
period as may appertain thereto, which appeal period shall expire without
legal action being instituted by any individual person, firm or corporation
to appeal the reinstatement decision of the Town for reinstatement and/or
rehabilitation of the Owner/Developers' former subdivision, the
Owner/Developer shall undertake the corrective actions repairs,
renovations and/or completion of those items more particularly described
and set forth in Exhibit D annexed hereto and by this reference made a
part hereof. The Owner/Developer shall, unless required by legal
proceeding to terminate its actions in performance of the items set forth in
said Exhibit D, use its best efforts to complete said items one hundred and
twenty (120) days from the commencement date set forth herein. To the
extent necessary, any item in Schedule D may be deferred for completion
due to weather or other seasonal considerations by mutual agreement, in
which case said items shall, be excluded from the aforesaid completion
date.
10. Upon approval by the Town of such action as shall rehabilitate or reinstate
the former subdivision of the Owner/Developer and the expiration of such
appeal period as may appertain thereto, which appeal period shall expire
without legal action being instituted by any individual, person, firm or
corporation to appeal the reinstatement decision of the Town for
reinstatement and/or rehabilitation of the Owner/Developer's former
subdivision, the Owner/Developer may undertake the sale of any or all of
-the-lots-described in-Exhibit C. No-such-sale may occur--during-the—--- - -
7
va. 1112 PAGE 2 Oct 0
pendency of any appeal until such appeal has been satisfactorily resolved.
The Owner/Developer shall be entitled to obtain a release of the real estate
bond described in Exhibit B from any lot or lots which the
Owner/Developer may sell, and the Town agrees to promptly execute such
release upon the terms and conditions described in paragraph 11 below in
aform described in Exhibit E annexed hereto and by this reference made a
part hereof.
11. The Owner/Developer shall be entitled to obtain said release from the
Town upon the following terms and conditions:
a. Seller's counsel shall, at the time of closing of each released lot, remit
to counsel for the Town a cashier's check, certified check or attorney
trustee check of Reiner, Reiner, Bendett, P.C. in the sum of Thirty
Thousand ($30,000.00) Dollars for the first five (5) lots sold; thereafter
the escrow release shall be Twenty Thousand ($20,000.00) Dollars per
lot until a total of Two Hundred Thirty Thousand ($230,000.00)
Dollars has been reached, said sum to be placed in an interest-bearing
escrow account to be jointly controlled by counsel for the
Owner/Developer and counsel for the Town. It is the intent and
purpose of the parties hereto that the Owner/Developer may, by use of
this escrow account procedure, undertake the sale and marketing of its
real property and shall concurrently substitute cash for a portion of the
real estate bond hereinabove described. and such cash as shall be
substituted-hy-this-procedure shall be-presumed-and-construed-to-be — -
8
VOl. 12 PAGE 2 91
part of an overall bond consisting partly of cash and partly of real
estate and shall be subject to all of the terms, conditions and
restrictions governing bonds set forth in the agreement. The Town
agrees to release all bonds either cash or real estate or portions thereof
expeditiously and in accordance with its administrative procedures;
and
b. Owner/Developer agrees that at time of closing, each prospective
purchaser shall be furnished with a copy of this settlement agreement
which delivery to said purchaser shall be acknowledged by execution
by said purchaser of a receipt for the said document, which receipt
shall be in the form and condition as more particularly described and
set forth in Exhibit F, a copy of which is annexed hereto and by this
reference made a part hereof.
12. Notwithstanding the requirements of paragraph 11 herein, the
Owner/Developer and the Town agree that once Owner/Developer has
deposited the sum of Two Hundred Thirty Thousand ($230,000.00)
Dollars into the cash escrow described in paragraph 11, the
Owner/Developer shall be released and excused from making any further
cash deposits to the escrow, it being agreed between the parties hereto that
a cash bond of Two Hundred Thirty Thousand ($230,000.00) Dollars shall
constitute full and adequate security for the performance and completion
of the items described in Exhibit D, and upon the payment to escrow of
9
VOL. 111 2PAGE 2 2
said sum, the Owner/Developer may obtain further releases of lots without
the necessity of making any additional payment to the cash escrow.
13. In addition to the escrow provision described above the Town and
Owner/Developer agree that for the first three (3) lots only which are sold
by the Owner/Developer, a sum equal to one-half of the net proceeds (as
hereinafter described) shall be remitted to Owner/Developer's counsel
(David L. Gussak, Esquire of Reiner, Reiner& Bendett, P.C.) who shall
hold said proceeds until such time as bills or invoices for the work
described on Exhibit D shall be submitted at which time said monies may
be disbursed towards the satisfaction of said bills or invoices; net proceeds
as described herein shall be the sales price, less any bond escrow payment
as described herein and less any sales expenses, such as commissions,
legal fees, conveyance taxes and less any adjustments required for
payment of real estate taxes. Once three lots are sold this proviso shall
expire.
14. Owner/Developer and the Town agree that either the Owner/Developer or
any person, firm or corporation which shall purchase any lot or lots from
the Owner/Developer shall be entitled to obtain a building permit or
permits for each such lot from the Town provided the Owner/Developer or
the entity who shall have purchased said lot from the Owner/Developer
shall comply with and meet all requirements of the Town for the procuring
of a building permit, and further provided that the cash escrow deposit for
__each-of-such-lots_for_which_a_building-permit-is_r-equested-shal-l-have-been -- --
10
VO1. 1112PACE 'Ale 93
made in compliance with the provisions of paragraphs 10, 11 and 12
herein. At the discretion of the Town and as a condition for the issuance
of Building Permits, the Town may impose a requirement that for the first
five (5) lots released from the real estate bond, the escrow deposit shall be
the sum of Thirty Thousand ($30,000.00) Dollars for each of such lots.
After five (5) lots have been released, the sixth lot and each subsequent
lot, the escrow deposit shall be the sum of Twenty Thousand ($20,000.00)
Dollars.
15. The Owner/Developer and the Town further agree that the
Owner/Developer or any person, firm or corporation which shall have
purchased a lot or lots from the Owner/Developer may, upon completion
of the improvements to any lot pursuant to a building permit obtained in
accordance with paragraph 13 herein, obtain a Certificate of Occupancy
for such improvement, provided such improvement shall have been
constructed in conformance to the building, health and safety codes
pertaining to such structure, and shall have passed such requisite
inspection procedures required by the building, health and safety officials
of the Town.
16. The parties hereto agree that upon completion by the Owner/Developer of
items as described in Exhibit D, the Owner/Developer shall be entitled to a
reduction of the bond as follows:
a. If the bond is solely and exclusively a cash bond, the sum
of cash being held may be reduced by the amount allocated
11
VOL. 1112PAGE 2 9
in Exhibit D for those items completed to the satisfaction of
the Town.
b. If said bond shall consist solely of real estate, or of both cash
and real estate, said real estate bond may be reduced by one (1)
lot for each Thirty Thousand ($30,000.00) Dollars of value for
the items completed to the satisfaction of the Town as allocated
in Exhibit D.
The completion of each of the items in said Schedule D must be
confirmed in writing by the designated officials who shall be responsible
for the inspection of such items to permit the bond reductions set forth
herein.
Notwithstanding any reduction in the bond permitted under this
section, the Owner/Developer shall still be bound by the escrow
provisions of paragraphs 10, 11 and 12, except that if the completion of
items described in Exhibit D have been confirmed in writing as provided
herein, the cash escrow shall not need to be greater than the amount
allocated to the remaining items in Exhibit D.
17. Upon completion of all items in Exhibit D, or upon completion of all said
items, excluding any item whose completion date shall have been
deferred by mutual agreement of the parties hereto, the Owner/Developer
shall be entitled to a reduction of the bond to a sum not to exceed Thirty
Thousand ($30,000.00) Dollars, which bond shall be held for a period of
one-(1--)-year from the-date-upon-which-completion-shall be confirmed in -
12
_ VOL. 1. 112 PAGE ti9 1
writing by the designated Town representative as provided in paragraph 15
herein. Upon the expiration of said year, the bond monies shall be
released and any remaining lien shall be released. The mutual deferral of
completion of any item in Exhibit D shall not extend the time for the bond
reduction contemplated herein, except that if upon the expiration of one
(1) year any item in Exhibit D remains incomplete, then a sum
representing one hundred fifty (150%) percent of the completion cost of
such incomplete item may be retained by the Town until such item shall
be completed. The designation of an item in Exhibit D as being
incomplete and the completion cost of such item shall be stated in writing
to all parties by the designated representative of the Town, and such
statement of in completion and statement of cost of completion shall be
presumed by the parties hereto to be conclusive, unless the
Owner/Developer can establish that either or both of such designations are
made in bad faith. in which event the Owner/Developer may make
demand for arbitration of such dispute in the manner hereinafter set forth.
18. The parties hereto, pursuant to the provisions of paragraph 9 herein, have
agreed that Owner/Developer shall complete the items designated in
Exhibit D in a period one hundred twenty (120) days unless the
completion date for any item or items shall, by mutual agreement, be
extended beyond said date. In the event the Owner/Developer shall fail to
meet such completion date, then the Town shall be required to give notice
of such default in completion._Such notice-shall-be_in-writing-in-the - -
1�
VOL. 1112PAGE 296
manner and to the parties hereinafter set forth, and said notice shall state
with specificity the particular item or items which it is claimed are
incomplete, and the specific defect or defects it is claimed exist.
Upon receipt of notice of default of completion, the
Owner/Developer shall have a period of thirty (30) days from receipt of
such notice to undertake such action as may be necessary to correct or
complete the items depicted in such notice. Any change in building or
construction codes which may occur subsequent to the date of this
agreement which could change the requirements of completion of items
set forth in Exhibit D, shall not constitute an enlargement or additional
responsibility of the Owner/Developer and any failure of
Owner/Developer to comply with such change or modification shall not
constitute a default under this agreement, and shall not constitute grounds
or basis for the Town to refuse to reduce or release the bond lien or bond
monies. Completion by Owner/Developer of the items set forth in Exhibit
D in conformance with construction, health and safety codes as they exist
as of the date of this agreement, shall be presumptive and conclusive
evidence that the Owner/Developer has complied with and fulfilled its
obligations under this agreement.
19. In the event Owner/Developer shall fail to complete any item on Exhibit D
within the default period set forth in the notice of default described in
paragraph 17 herein, then and in such event the Town shall be entitled to
14
voL. 1112 PAGE 2 9 7
utilize escrow monies established under the cash bond provisions of this
agreement to the extent necessary to remediate such default.
Until such default shall have been cured, the Town shall not be
required to release any escrow cash, nor shall the Town be required to
release any additional lots from the real estate bond.
20. The Town hereby designates its Director of Planning, its Wetlands
Enforcement Officer, its Town Engineer and Owner/Developer, Design
Engineer for the detention basin portion of Exhibit D, as the persons
designated to perform the necessary inspections, due diligence and written
confirmations required by this agreement. In the event the said Town
officials shall be unavailable to undertake these obligations for a period
exceeding one week, then the next ranking member of the department in
which said Town official is employed shall undertake these duties and
obligations.
21. Upon the expiration of one (1) year from the completion date of all of the
items set forth in Exhibit D, as said completion date is described and
defined herein, the Town shall remit and turn over to the
Owner/Developer all monies which remain in the escrow account and
shall further execute and deliver to the Owner/Developer a document
which shall fully release and discharge the bond lien described in Exhibit
B herein.
22. The parties hereto agree that any dispute that may arise over the terms,
conditions and obli�(zations setfortlt in this agreemerit shalI-be resolvedby
15
VOL. 1112 PAGE 298
arbitration as described herein acceptable to both parties. The parties shall
submit the matter to Alternative Dispute Resolution or a like or similar
entity which organization shall select a single arbitrator who shall be
acceptable to both parties. The costs of the arbitration process shall be
borne equally by the parties, except that either party may request that the
arbitrator, as part of the final award, include its share of the arbitration
costs as part of a ruling in its favor. Such arbitration costs may, at the
discretion of the arbitrator, include reasonable attorney's fees or, in the
case of the Town, an award which would be the equivalent thereof.
The decision of the arbitrator shall be conclusive and binding and
may be enforced by judicial decree or order upon confirmation of the
award in accordance with prevailing statutes.
21 The parties hereto agree that this agreement shall be construed and
interpreted under the laws of the State of Connecticut.
24. The parties hereto agree that this agreement represents the full and
complete understanding between the parties, that there exist no other .
agreements, either written or oral, between the parties hereto regarding the
subject matter of this agreement, that this agreement may only be altered,
amended or modified by a written agreement duly executed by all of the
parties hereto.
25. Notices required herein shall be given to:
16
VOL. 1112PAGE 2 9 9
As to Owner/Developer:
Aleksander Gorski
Helene Gorski
85 Ridge Crest Circle
Wethersfield, CT 06109
With a copy to:
David L. Gussak, Esq.
REINER, REINER& BENDETT, P.C.
160 Farmington Avenue
Farmington, CT 06032
As to Town:
Town of South Windsor
Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Attn: Town Manager
With a copy to: -
Barry D. Guliano, Esq.
773 Main Street
Manchester, CT 06040
Notice described above shall be by both regular mail and certified mail to all
designated parties.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed in duplicate on the date first-above written.
Witness: TOWN OF SOUTH WINDSOR
I
By all
� 'vL
Matthew B. Galligan
Its Manager
17
1112 PAGE 301
STATE OF CONNECTICUT)
)ss. Farmington, CT October -?C , 1999
COUNTY OF HARTFORD )
Personally appeared Matthew B. Galligan, Town Manager of the Town of South
Windsor, signer of the foregoing instrument and acknowledged it to be his free act and
deed and the free act and deed of said municipal corporation by himself as its Town
Manager.
-1 n
Commissione of t e S perior Court
DLG:glc
c:\glc\agb.exa
19
Val . Ili J-- Ph(2 L 3��
EXHIBIT B
REPLICA OF THE REAL ESTATE BOND
Vol. i i i� :PACE 3c
Exhibit A
Those certain pieces or parcels of land situated in the Town of South Windsor,
County of Hartford and State of Connecticut known as Lots 1,2, 3,4, 5, 6, 8, 9, 16,21,
23, 24, 26, 33, 34, 36, 37, 38 and 39 together with area depicted as"open space"on a
Map or plan entitled"A40 Open Space Subdivisions A.G. Builders Co. 1052 Main St.
Newington KIRAN ENGINEERS INC CIVIL-SANITARY-STRUCTURES ENFIELD,
CONNECTICUT, FOREST VILLAGE Scale as noted Feb. 1985,Rev. 1 2/20/86 Rev. 2
4/20/86"which map or plan is on file with the Town Clerk's Office in said Town of
South Windsor to which reference may be had.
c:\glc\agb.exa
Vol . ma-a- PG E- 364
EXHIBIT D
WORK TO BE DONE - EFFECTIVELY THE ITEMS ENUMERATED IN LETTER
OF MARCH 17. 1999 FROM DAVID GUSSAK TO ATTORNEY GIULIANO
See attached.
PROJECT: 1-a
—
STREET: - .14AjcV<IV.AI1-zk4ver BOND ESTIMATE FORM ��06 a10T_Lli J�LU D�
P&Z I.D.:
EN - - L� 1998 CALENDAR YEARCj
�E�7vTl0�/y�•tJ
DATE: L. ee<
Bond Bond
Unit Reduction Reduction
Item Descri tion nit anti Cost -
N . 1 No. �
1 learin & b s
2. Strip & Stockpile
Tops il 7.00
3. Earth Excavation
(Excludine Roadway
& Trench) 1
0-00
4. koadway Excavation
5. Earth Trench Exc. 0-4 CY
0.00
6. Earth Trench Exc. 0-i
7. Earth T 0-1
S. Earth Trench -20
9. Ro wa Ex . (R 50.00
10. Rock Trench 0.4 ry 4- 0
11. Rock Trench Exc. 0.-10 CY 175.00
12. Rock Trench Exc. 0-15 CY 1100.00
13. Rock Trench . 0-2 CY 1
50.00
14. Formation of
15. Subbase Gravel
16. Rrcx=ed Ast=nte TONS
17. Common Borrow �Op 10.0o
z�ODD
18. ravel Bomw 15.00
19. "'Bit.
50.00
( TONS
20. �Z- gi ncrete c?j �. ��/ z(Class M /v D
--- --LTONS ..
*varies
Page 1 -2D/ Zlcd
Sub-Total S
B()N D ES—Ai lC..'L1 VOL. ill b
ti.PA G E ..J 0 6 Bond Bond
Unit Reduction Reduction I
Item Descriptionnit an ' N I No.
42 i 4
43. -Standard Rivrw 45.00
DRAINAGE STRUCTURES
44, T B .1500.00
43. T " Double Cwa e I EA 1 200.00
46. T Assirt
47.2t_pcAcF �,�, r FIS 5 Z DOo
48. Manhole wADmp Inlet
49. Manhole Over Ten F EA 2000.00
Headwall50,
s
52. BoA Iv A LFa,
53, I " M 4
50.00
54, " Flamd End EA 500.00
_ 2s2" Mared End EA 5.50.M
56. " Flared End
57.
58.
10' Wide
59. Gravel Ac= Road LF
60. R eset M.H. or C,B
SA ITTARY SEWER COMPbIVflV'i'S
61. I2" PVC4 '
2. 1 "
64, —6tFVC pIBM-- SDjZ- - -- - - --- - - - - - —--- ---- - -- - - - - - -- - -
30.00
* varies
Page 3. Sub-Total S 214006
BOND ESTIMATE FOR.tii
VOL. 112 PAGE 31- 0 Bond Bond
Unit Reduction Reauction
ItemDescris2tion Unit Ouantity Price I No.
-B itLS • 2�00
inaso400a
86. Con=te Monurnents EA 4-S 1//1 Z�
7 Driveway-Bit,
CLa;W opew Sp,4aE nZo LS -- �d d 58. L—',v }stl c4
89.!AVemewrPrZ64Ss 5. ,- 34 9486
90. cL ion L s -- — zsno
Sub-Total S 3 61,4 3A
Sub-Total Page 1 S Zd> Z do 6
Sub-Total Page 2 S 7
Sub-Total Page 3 S �d
Sub-Total Page 4 S 1 4/ Z�O b
Sub-Total Page 5 S 3 c/ d
Sub-Total S
Contingencies x Sub-Total: S
TOTALS � 1�J
y
« Va[*es
Page 5.
iveOezBONDESTFOR<ti4Nttrm95 —
VOL. 11121AGE 312
EXHIBI E
FORM OF RELEASE
= ' PARTIAL RELEASE OF MORTGAGE
AS TO LOT# , FOREST VILLAGE SUBDIVISION
SOUTH WINDSOR, CONNECTICUT
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING:
KNOW YE, THAT THE TOWN OF SOUTH WINDSOR A MUNICIPAL CORPORATION OF
THE COUNTY OF HARTFORD AND STATE OF CONNECTICUT does hereby partially release
and discharge a certain mortgage from A.G. Builders, Inc. to the Town of South Windsor dated
, 1999 and recorded in the Land Records of the Town of South Windsor,
County of Hartford and State of Connecticut in Volume at Page to which
reference may be had: the indebtedness or other obligation secured thereby having been partially
satisfied or alternative collateral having been substituted pursuant to a certain agreement dated the
day of , 1999.
IN WITNESS THEREOF, has hereunto set its hand and
seal this day of . 1999.
Signed and Delivered in the presence of TOWN OF SOUTH WINDSOR
BY
ITS
DULY AUTHORIZED
STATE OF CONNECTICUT)
) ss. South Windsor , 1999
COUNTY OF HARTFORD )
Personally appeared , as
aforesaid signer of the foregoing instrument, and acknowledges the same to be
free act and deed as such and the free act and deed
of said municipal corporation, before me.
Notary Public/Commissioner of
the SuperiorCourt --
20
�owN aa,
ca
e � -own 0-PS-0-atA V&zd,,L�ot
m 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786
R.cO AREA CODE 860/644-2511
FAX 860/6"3781
Alexander Gorski December 9, 1999
A.G. Builders Inc.
85 Ridge Crest Circle
Wethersfield, CT, CT 06109
Re: Inspection of Forest Village stormwater outfall remeadiation project.
On December 9, 1999 Joseph Perna from the Town of South Windsor Engineering
Department and I made a visual inspection of the completed erosion repair and stormwater
conveyance upgrades at the detention basin outfall from the Forest Village Subdivision. In
examining the site of construction, it appears that the construction of the outfall, outfall
pipes, rip-rap channel, and grading were done according to the proposed plans approved
by the South Windsor Inland Wetland Commission. I understand that an as-built plan is
pending by the design engineer.
The finished grades have been top soiled, seeded and adequately mulched to prevent the
movement of top soil from the slopes during the winter months. An evaluation will be
made in the spring as to the success of germination of the seeded areas. This area may
have to be raked and re-seeded in the spring and the mulch reapplied to perform the final,
permanent stabilization. An amount of$2500.00 will be held from the original
performance bond until the site is completely stable.
If there are any questions on this correspondence please don't hesitate to contact me at
644-2511 x229.
Sincerely,
Ckq*�7�_
Jeffrey H. Folger, Zoning/Wetland Enforcement Officer
Town of South Windsor
c Town_Engineer
-- - - - - -- --- -- - - --
Town Attorney
Dir. Of Planning
Dir. Of Public Works
Coven Construction
Type 'C—L' fop and gate
r-e ores• -i--{
.4 r-e Sans• -7 L r-+ e'-!•ans•
PIS air•
ie
-t
3
411
r-7 vs•
Z TYr• OUTLET PIPE TO
R� BE DETERMINED
9Y DESIGN
Sap ENGINEER,
.00 S/./5 ram• _''
it • S
r-r
Yam• a'�--y-s'
� LOCATION. CONMGURATKIN
♦`'— Y-�' Yam• AND SIZE OF CONTROL
OUTLET TO BE DETERMMED
SIDE
BY DESIGN ENGINEER
FRONT
R
Type 'C—L7 Top
with Type 'A' gate
3/1°-16 Lead
Anchor & Bolt 3/tr-16 Bolt do Washer
4 Ea. Grate Type 'A' Grote
NJ 3/8"-16 Bolt Class "A'
4 Typ. Ea. Grate Concrete
on trash rack 3/8• —16 Nut do Washer
L
Class 'A" Type "K Grate 1/2' x 3 1/2" x 2 1/r'
Concrete 4 Total for Trash rack
or Catch
Basin Block SECTION A—A
TOP
• THIS STRUCTURE CAN BE USED
Mir
-OR
R APPROVED--EQUAL - ----- _ - - - - - --- - --NOT-TO -SCALE -
TOWN OF SOUTH WINDSOR DETENTION BASIN OUTLET APPROVED
STANDARD DETAIL TYPICAL
JANUARY, 1991 REVISED; PUBLIC WORKS DIRECTOR
-36-
f,
t
k
FlNW GRADE
BOTTOM VADTH
VARIES
4' LOAM Nr SEED MCOWD RIPRAP
FERTILIZER & MULCH 180 INTERMEDIATE RIPRAP
--Me STANDARD RIPRAP
6' BANK—RUN GRAVEL BASE (D.O.T. M.02.06
TYPE 'B' GRADATION) FOR MODIFIED AND
INTERMEDIATE RIPRAP.
12" GRAVEL BASE FOR STANDARD RIPRAP.
FILTER FABRIC (MIRAFI 140 OR EQUAL)
TOWN OF SOUTH W1NDSOR APPROV90
STANDARD DETAIL RIPRAP DITCH
J A N U A R Y. 1 9 0 1 Rcwstu: ►USLI c v Ks 01 R[CTOR
—42—
.VOL. 111 2 PAGE 302
MORTGAGE DEED
To all People to whom these Presents shall come, Greeting:
KNOW YE THAT A.G. Builders, Inc. a Connecticut corporation of Wethersfield, Connecticut
for the consideration of Two Hundred and Thirty-Three Thousand ($233,000.00) Dollars
received to its full satisfaction of The Town of South Windsor a municipal corporation located
in Hartford County in the State of Connecticut.
does give, grant, bargain, sell and confirm unto the said Town of South Windsor those certain
pieces or parcels of land situated in the Town of South Windsor, County of Hartford and State of
Connecticut more particularly described in Exhibit A annexed heret• and by this rofcrence made
a part hereof.
To Have and to Hold the above granted and bargained premises, with the appurtenances
thereof, unto it the said grantee its successors, and assigns forever, to it and their own proper use
and behoof And also, it the said grantor does for itself, its assigns, and successors, covenant
with the said grantee, its successors, and assigns, that at and until the ensealing of these presents,
it is well seized of the premises, as a good indefeasible estate in FEE SIMPLE; and has good
right to bargain and sell the same in manner and form as is above written and that the same is
free from all incumbrances whatsoever, except as hereinbefore mentioned.
And Furthermore,it the said grantor does by these presents bind itself and its successors
forever to WARRANT AND DEFEND the above granted and bargained premises to the said
grantee, its successors, and assigns, against all claims and demands whatsoever, except as
hereinbefore mentioned.
The Condition of this Deed is such, that whereas the said grantor A.G. Bu
ilders,udders, Inc.
has entered into a certain Settlement Agreement dated the day of , 1999
a copy of which shall be contemporaneously recorded with this document and;
WHEREAS, said agreement provides that certain actions shall be undertaken by the
Town of South Windsor Inland Wetlands Agency and the Town of South Windsor Planning
& Zoning Commission which actions have been undertaken and approved, and the appeal period
for appealing said actions expired.
NOW THEREFORE, witnesseth that pursuant to Paragraph 6 of said agreement, the
grantor herein acknowledges that it is indebted to the Grantee under the terms and conditions
YOL. 1112 PAGE 3 0 3
of said Settlement Agreement.
The Grantor and Grantee agree that this Mortgage/Real Estate Bond may be partially
released by execution of a Partial Release in the form and content of Exhibit E of the said
Settlement Agreement and in conformance with the terms and conditions of said Settlement
Agreement and particularly Paragraphs I I(a), I I(b), 12 and 13 of said Agreement.
Now Therefore, if said Agreement shall be well and truly performed according to its
tenor, and all the other terms and conditions of said Agreement and this mortgage are duly
performed, then this deed shall be void, otherwise to be and remain in full force and effect.
IN WITNESS WHEREOF, A. G. Builders, Inc. acting by its duly authorized
officer has hereunto set its (?) hand this day of , 1999
Signed and Delivered in the presence of
Witness Grantor
A.G. Builders, Inc.
l By:
Aleksander Gorski
Its President
STATE OF CONNECTICUT)
)ss. , 1999
COUNTY OF )
Personally Appeared
Signer(s) of the foregoing Instrument, and acknowledged the same to be his/her
free act and deed, before me.
Notary Public/
Commissioner of the Superior Court
STATE OF CONNECTICUT)
)ss. South Windsor , 1999
COUNTY OF HARTFORD )
Personally Appeared Aleksander Gorski, President of A.G. Builders, Inc.
Signer of the foregoing Instrument, and acknowledged the same to be his
free act and deed, before me. V 0 L � � � ��.+ PAGE 304
Commissioner of the Superior Court
Grantees' Address:
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