HomeMy WebLinkAboutSub/Spec Exc/Withdrawn TOWN OF SOUTH WINDSOR
PLANNING&ZONING COMMISSION <
APPLICATION FORM '
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Application No: EC �
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Official Receipt Date: l-5- O!
Receipt No: JUL 26
l soup wINvSOR P APPLICANT: / �rf'r
PROJECT NAME: ��ti �®C�7�/i0/ z �- s
ADDRESS: '5��C>0 S-��1�2Aia=
OWNER OF RECORD ON LAND RECORDS:
ADDRESS:
COMPLETE LOCATION OF PROPERTY:
ASSESSOR'S MAP #�S PARCEL # ZONE
NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
THIS APPLICATION IS FOR: (Check all that apply):
❑ Zone Change to (Public Hearing required and Certified letter to abutters required)
Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required)
❑ Subdivision �a Minor ❑ Major
❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major
❑ Conditional Approval
I Special Exception to Article (Public Hearing, Certified letter to abutters required)
❑ Site Plan of Development
❑ General Plan of Development
❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required)
❑ Regulation Amendment: • ❑ Zoning ❑ Subdivision (Attach proposed amendment)
❑ Temporary and Conditional Permit for
❑ Major Home Occupation for
❑ Other (explain in detail)
An Application Pending sign is required to be posted on the property for all applications ten (10) days
prior bein heard by the Commission.
Signatu of Applicant: Signa re of Property Owner
i
TOWN OF SOUTH WINDSOR
CHECKLIST OF REQUIRED SUBMISSION DOCUMENTS
SUBDMSIONS/RESUBDMSIONS
APPLICANT ]ja ►ter e=S P® q b o
PROJECTNAME T 20IJh S-1diyi5i`yk'7
This checklist must be signed by plan preparer (P.E/L.S) declaring that all required information
is provided. Place a check mark for each item supplied.
Subdivision
Minor Regular
I. PROJECT-PLOT INFORMATION
A. eneralInformation
1. Appl. &owner name, address x x
2. Engineer& land surveyor name, address, license no.
/ &seal x x
3. Key map at 1 = 100 scale showing location of tract
with reference to surrounding properties, streets,
municipal boundaries, etc., within 500'. Key map
must include: x x
V/ a. Outline of buildings.
b. Layout of streets
c. Surrounding property boundaries-within 500
feet.
d. Names of abutting property owners.
V/11
e. Proposed open spaces and recreation areas.
f. Driveway cuts on abutting properties and any
properties across from proposed site
Subdivision
Minor Regular
g. Distance to and name of nearest intersection
street.
V"- 4. A schedule of required and provided zoning district
requirements including lot area, lot frontage, lot
depth,yard setbacks, open space. variances granted,
etc. x x
5. North arrow and scale. x x
6. Appropriate certification block. x x
�7. Date of original drawing and all revisions. x x
A8. Name of development. x x
B. Plot plan at I" = 40'scale an standard 18"x 24' or 24" x
36"sheets with a 1/2"' ruled margin containing the
following data. Developments which require more than
two 24" x 36" sheets may submit the plot plan at 1" =
100' scale. x x
1. Metes and bounds description showing dimensions,
bearings, curve data, length of tangents, radii, arcs,
chords, and central angles for all centerlines and
rights-of-way, and centerline curves on streets.
Monuments are.required at comers and angles of all
new streets and new street lines, at all points of
curvature and tangency, and at critical corners and
angles of all new Town open space.- Coordinates for
monuments shall be in tabular form. x x
2. CGS datum shall be used on all subdivisions
accessible to controls. The Town Engineer shall
determine the accessibility of these controls.
�3. Lot layout numbers, square footage of all lots, and
all lot dimensions. Iron pins are required at all
property angle points. No lots shall be divided on 2
sheets. x x
4. Yard setbacks dimensioned. x x
5. Easements, noting grantors, grantees and purpose. x x
. Subdivision
Minor Regular
N�6. Development phasing, if proposed. x x
Names of abutting property.owners. x x
8. Proposed street names (use approved list of
names). x x
9. All open space reserved for common
or public uses. x x
ZIO. Appropriate A-2 certification & LS seals. x x
II Topographic map at same scale as plot plan containing all
data included on the plot plan plus the following:
✓ 1. All existing structures, streets, wetlands and existing
watercourses, or other environmentally structs
sensitive areas, including enough data streets x
beyond property boundaries to allow a wetlnds
reasonable evaluation of the property's fldpin
ecological relationship to surrounding
areas, 100 yr. floodplain. x
✓2. Existing and proposed contours to extend a x
sufficient amount beyond subject
property, to determine the effects on the property
as follows (town mapping): 100' x
up to 3% grade: 1'contour interval
3% grade &over; 2'contour interval
3. Boundary limits, nature, and extent of
wooded areas, specimen trees, and other
significant physical features. x x
✓ 4. Existing system of drainage of subject site
and of any larger tract or basin of which
it is a part (can use Town stormwater x x
study).
N _ 5. Drainage area map. * - x
IVIA 6. Drainage calculations * x
✓ 7. Perc test data, preliminary indication of septic
system feasibility if individual sanitary * x
sewerage systems provided.
G
Subdivision
Minor Regular
f✓ 8. Proposed utility infrastructure plans, including
sanitary sewer. water, storm water management. * X
9. Spot and finished elevations at all property
comers, comers of all structures or dwellings,
or proposed first floor elevations x x
10. Construction details (per standard specs.) * x
N� 11. Road and paving cross-sections (per, standard
specs). * x
N 12. Proposed street names. x x
N, 13. Landscape plan and details. x x
14. Site identifications signs, traffic control signs, and
directional signs. * x
15. Sight triangles at new road intersections. * x
r - 16. Sight triangles at driveway entrance x x
(where there may be a question)..
I✓ f+ 17. Vehicular and pedestrian circulation patterns (less
detail necessary for preapplications, concept plan,
and general plan of development. * x
III . Plans and profiles (1" = 40' horizontally
and 1" = 4'vertically) showing the following: x
l� a. Layout of streets in sections
coordinated by stations with the profile. x
b. Street plan showing roadways,
drainage, and partial lot lines x
Subdivision
Minor Regular
c. Profile of roadway showing existing and
finished grades, all tangent grades, and all
vertical curve information x
All
d. Profile will show all catch basins and all
drainage lines between catch basins with all
invert and top of frame elevations. Drainage
pipe material to be described. x
e. Typical/critical cross-sections where grading is
outside street right-of-way or is at street right-
of-way. x
f. Where any storm drainage line discharges into
an existing brook, sufficient profile of this
brook will be shown to determine conditions. x
g. Profiles shall show all sanitary sewer lines and
manholes, including pipe material, elevations,
sizes, lengths, and slopes of pipes. Top of
foundation elevations for habitable buildings
shall be shown. * x
/�AL 15. Traffic report (by traffic engineer)
N/� 16. Open space site improvement plan. * x
A/� 17. Architectural elevations/information per Sect. 4.20
of the zoning regulations
* - if required by Town Engineer
ALL INFORMATION REQUIRED ABOVE.IS INCLUDED IN THIS APPLICATION AT THE TIME
OF SUBMISSION.
Date AV q , 2 00 G�
Plan PlWeparer (PE/LS
emu, ene 5���,tt�� L, L. S, l36'-4-
J�"ne 18, 1998
```o��otetat t t�t tt tttttpiriel�
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No. 13644
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Know Vt. That I, FREDERECK TOMEL, of the Town of South Windsor,
County of Hartford and State of Connecticut,
Pii:'} i
for the consideration of SEVEN THOUSAND
($71000) DOLLARS Q '• : ,
received to my full satisfaction of THE SOUTH WINDSOR BANK AND TRUST COMPANY, >
a banking organization organized and existing
under the laws of the State of Connecticut and lT} lip l
located in the Town of South Windsor, County of yc
Hartford and State of Connecticut, £ -
THE SOUTH WINDSOR BANK AND
do give,grant,hargain,sell and confirm into the said t '
f. TRUST COMPANY, its successors and assigns
forever,
those two certain pieces or parcels of land, situated in the Town of
South Windsor, County of Hartford, and State of Connecticut, with the r r
buildings thereon standing, bounded and described as follows, to wit:
FIRST PIECE: Containing three (3) acres, more or less, bounded:
�.
North by land now or formerly of one Clapp;
}' East b land now or formed of Anton Mi lin; "i'� '
�. Y Y 9 ij . :
-, South by land now or formerly of Adam Yonika; and
West by land now or formerly of Charles Check.
,
SECOND PIECE: Containing twelve (12) acres, more or less, bounded: f^ I
y y 1
North by land now or formerly of John S. Clapp; !
East by land now or formerly of the heirs of C. C.
3 j Vinton;
South by land now or formerly of Lahey and Laydenj and
West by land now or formerly of John Roman. u �•j ,i'.}I
Being the same prLises described in a Quit-Claim Deed from John Tomel ( �i, l,'. ;!.�'
to Frederick Tomel, dated February 26, 1965, and recorded in the South
Windsor Land Records in Vol. 106, Page 345, to which reference may be
had.
Said premises are conveyed subject to building, building line and
j. zoning restrictions as established by the Town of South Windsor.
Being the same premises described in a Certificate of Distribution � •'� { !'r1
from the Estate of Agnes Tomel, dated December 4, 1964, and recorded
in Vol. 105, Page 333, of the South Windsor Land Records, to which
reference may be had.
r ; Said above described premises are conveyed together with rights of IF
ingress and egress in a right-of-way known as Tomel Drive leading
from Strong Road northward to the above described premises, ; '�
U r ..
Volume 172 Page N° 330
A
thence turning and moving northerly along the easterly-bound of
said premises of Burke, one hundred fifty (150) feet to•a point
f { marked by an iron pin; thence turning and moving westerly along
t C the northerly bound of said premises now or formerly of Burke, two
0 ' IP hundred (200) feet to a point which marks the northwesterly corner
of said premises of Burke; thence turning and moving southerly
along the westerly bound of said premises of Burke one hundred
Q fifty (150) feet to a point in the northerly line of said Strong
;�i�' Road; thence turning at an interior angle of 91•26'04" and moving a
< southwesterly along the northerly line of said Strong Road one i
hundred thirty-four and nine one-hundredths (134.09) feet to a if
point; thence turning at an interior angle of 187.57'49" and con-
tinuing southwesterly along the northerly line of said Strong Road
ninety-seven and ninety-one one-hundredths (97.91) feet to a point
»`!! which marks the southeasterly corner of land now or formerly of
Peter Yonika; thence turning at an exterior angle of 900 and moving
northerly along the easterly bound of said land now or formerly of
Peter Yonika one hundred sixty (160) feet to a �2 1 point which marks
+ ci the northeasterly corner of said land now of formerly of Peter 1
i` Yonika; thence turning and moving southwesterly along the nor theXL it
line of said premises of Peter Yonika, three hundred (300) feet to
f a point; thence turning and moving southeasterly along the south-
westerly bound of said premises of Peter Yonika, one hundred sixty ??
(160) feet to a point in the northerly line of Strong Road; thence k:
;( turning and moving southwesterly along the northwesterly line of
j said Strong Road, twenty-six and twenty-two one-hundredths (26.22)
t feet to a point; thence turning at an interior angle of 182137'17"
and continuing southwesterly along the northwesterly line of said !�
Strong Road, twenty-three and eighty one hundredths (23.80) feet t
�. to a point marked by an iron pin; thence turning and moving south- i
westerly along the arc of the curve of said Strong Road, five
hundred twenty-nine and ninety-eight one-hundredths (529.98) feet
i to the point and place of beginning. r :4
Being the same premises conveyed to the Grantors.herein by
Certificate of Distribution of the Estate of Veronica Yonika date
September 10, 1971 and recorded at Volume 142 Page 172 of the
South Windsor Land Records. R
:2
Said premises are conveyed subject to a right of way recorded in
�. Volume 39 at Page 576 of the South Windsor Land Records and to a
certain easement in favor of the Connecticut Light and Power ;-
Company dated June 15, 1945 and recorded in Volume 4.0 at Page 420
z ; of the South Windsor Land Records.
ti Said premises are further conveyed subject to building, building
line and zoning restrictions of the '"own of South Windsor.
} t4• Said premises are further conveyed subject to taxes on the Grand
List of January 1, 1973 which taxes the Grantees herein assume
and agree to pay as part consideration for this deed.
TO with theBappurtenances thereof, untD TO HOLD the above orthemdthedsaidggranntees, and
PP . B
i unto the survivor of them, and unto such survivor's heirs and
,�• assigns forever, to them and their own proper use and behoof.
' ur orneu
.�Ll yid ON*.FANNING.
1 CAVAIIA"O"YN C"""IN"
wul MAIMFORD.CO"". ,
-2-
576
RIGHT OF WAY I iSigtned,
1 �
Aug. 16, 1942
The Hartford-Conneoticut Trust Company
' I artford, Connecticut
jlGentlemen:
iSTATE .
I, Adam Yonika of South Windsor,=Conneeticut, own property located on the,
north side of Bancroft Road so-called in South Windsor, Connecticut, which I bough !CCUNT'i
n August 26, 1920,. from Joseph Price, the deed being recorded in South Windsor p,
Land Records in Volume 21, Page 446. and se:
fact an:
m that I bought this property, Joseph Price told me that there
At the time g P P
as a right-of-way on this land along the westerly boundary line leading northerly i
- � r in the rear.
rommHanoroft Road to other property i
Since I have owned this property, this right-of-way has been used by my
neighbors who own other property surrounding mine. "Receiv
j Very truly yours, i
Adam Y/onike
eceived for Record Oet.. 10, 1942 at 10:38 A. M.
i K own r i F
310 St
! :Land n
r QUIT CLAIM DEED ;the he
'Count
:end ir.
KNOW ALL MEN BY THESE PRESENTS, that THE HARTFORD-CONNECTICUT TRUST COMPANY, end of
a specially chartered Connecticut corporation with its principal office in the Towns said r..
and County of Hartford, said State, for divers good causes and considerations there- Hertfc
iunto moving, esieially for Ten (10) Dollars received to its full satisfaction of i icovere
1, ALTER G. RICE and WALTER H. WOHLLEBE both of the Town of South Windsor, Hartford
f; County, ate of Connect out, erem aed, released, and forever quit-claimed, and q
j oes by these presents, for itself, and successors, justly and aveolutely remise, ?of Her
j release and forever QUIT-CLAIM unto the said Walter G. Rice and Walter H. Wohllebe,;
their heirs and assigns forever, all such right and title as it, the said The Hart r�
ford-Conneoticut Trust Company, has or ought to have in or to, I is the
also
A certain piece or parcel of land, with the buildings thereon, situated ning e
in the Town of South Windsor, County of Hartford, State of Connecticut, thence
and being more particularly bounded and described as follows: i stone:
j eester
North by lend now or formerly of Robert Risley; -in the
East by land now or formerly of Ellsworth Sperry and land now or the pc
formerly of Charles Checkers, partly by each; !
South by land now or formerly of'the Vulcan Brick Works Property, and b
West partly on said Brick Yard Property and partly on land of The New former
York, New Haven and Hartford Railroad Company, being known Be the Pastu"
Brick Yard Lot, containing 25 acres, more or less; j
And being the same premises described as the 6th piece in a Certificate of ly fr•.
Foreclosure of a mortgage from Ahern Bros. , Inc. to The Hartford- i a pip
Connecticut Trust Company, which Certificate is dated December 22, 1939, and
is recorded in South Windsor Land Records in Volume 39, at Pages 26, 27, i
j reference to whioh is hereby made; for t:
together with all such rights, as the grantor may have in and to a right ;
i of way over land of The Pleasant Valley Brick Co. , Inc. and land ! self
of Adam Yonika. and r.
Count;
Said premises are subject to takes on the list of October 1, 1942, which i i corpo
the grantees herein assume and agree to pay as part consideration for this Ass'.
transaction.
TO HAVE AND TO HOLD the premises unto them, the said grantees, and to their
heirs and assigns, to the only use and behoof of the said grantees, their heirs .
and assigns forever, so that neither it, the said grantor, nor any other person or -
persons in its name and behalf, shall or will hereafter claim or demand any right
or title to the premises or any part thereof, but they and every one of them shall CO1414C
by these presents be excluded and forever barred.
COUNT
IN WITNESS WHEREOF said The Hartford-Connecticut Trust Company has anueed
this instrument to be executed in its corporate name and its corporate seal to be I
hereto affixed by Noel J. Beloourt, its Vice President, hereunto duly authorized, i to ins
this loth day of October, 1942. Sprir
ment,
August 2, 2000
Redland Brick Company
1440 John Fitch Blvd.
South Windsor, CT 06074
Attn: Brian Hastings -Branch Manager
Dear Brian:
We are notifying you that we have submitted an application to the Town Commission on
7/28/00 to subdivide our lot for future use.
If you have any questions please contract us at(860)291-8400 or the Planning&Zoning
Department at(860)644-2511 Ext. 252.
Your Neighbors
Jim&Lisa Poulin
432 Strong Road
South Windsor, CT 06074
August 2, 2000
Mario Giroux
84 Westview Drive
Broad Brook, CT 06016
Dear Mario:
We are notifying you that we have submitted an application to the Town Commission on
7/28/00 to subdivide our lot for future use.
If you have any questions please contract us at(860)291-8400 or the Planning&Zoning
Department at(860) 644-2511 Ext. 252.
Your Neighbors
Jim&Lisa Poulin
432 Strong Road
South Windsor, CT 06074
August 2, 2000
Walter&Linda Busto
434 Strong Road
South Windsor, CT 06074
Dear Walter&Linda:
We are notifying you that we have submitted an application to the Town Commission on
7/28/00 to subdivide our lot for future use.
If you have any questions please contract us at(860)291-8400 or the Planning&Zoning
Department at(860) 644-2511 Ext. 252.
Your Neighbors
Jim&Lisa Poulin
432 Strong Road
South Windsor, CT 06074
J r
August 2,2000
Donald&Laura Mitchell
478 Strong Road
South Windsor, CT 06074
Dear Donald&Laura:
We are notifying you that we have submitted an application to the Town Commission on
7/28/00 to subdivide our lot for future use.
If you have any questions please contract us at(860) 291-8400 or the Planning&Zoning
Department at(860) 644-2511 Ext. 252.
Your Neighbors
Jim&Lisa Poulin
432 Strong Road
South Windsor, CT 06074
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO: Matt Galligan, Fred Shaw, Michael Gantick, Thomas Field, Bill Lanning, John Bond, Ray
Favreau, Karl Reichle, Mel Stead, John Collins, *Jerry Iazzetta
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning & Engineering Departments have,received plans for the following project:
* Od - :�3?) PL� p (
Location: AJAI
,
Site Plan fil Subdivision No. Acres 1• Zone
O Industrial O Commercial O Residential No. Lots/Units
Water: ,,Public O Private Well Sewerage: O Public Veptic system(s)
Project Description:
Future Town-owned property involved? O Yes "o
O new street(s) O new detention area
O new open space/recreation area O active O passive
Planning Department notes:
Please comment by 9' y 0o and return to the Planning Department.
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO: Matt Galligan, Michael Gantick, Thomas Field, Bill Lanning, John Bond, Ray
E;b
Favreau, Karl eic e, el Stead, John Collins, Bob Deptula, Jerry Iazzetta
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning & Engineering Departmentshave received plans for the following project:
— *- 6J,33 e' J,&', L
Location:
Site Plan Subdivision No. Acres 1•S1- Zone
0 Industrial 0 Commercial 0 Residential No. Lots/Units
Water: X Public O Private Well Sewerage: 0 Public Veptic system(s)
Project Description:
Future Town-owned property involved? 0 Yes "o
0 new street(s) 0 new detention area
0 new open space/recreation area 0 active 0 passive
Planning Department notes:
i
i
Please comment by y 00 . and return to the Planning Department.
hsc1u `CQ -al:5t .��
s
POULIN INTERIOR LOT
PLANNING DEPARTMENT COMMENTS
Zoning Table
1. Variances granted (not requested) should be reflected in the zoning table.
Note: It appears that the variances were granted with conditions relating
to the Tomel Drive access. Has this conditions been met? We would like
to see documentation of the access rights for Lot #2 and #3.
General Comments
1. Has an easement been granted for the construction of the water line?
Please indicate dimensions of the easement; grantor/grantee.
2. Has an easement been granted for the portion of the driveway, which
appears out of the Tomel Drive ROW? Please indicate dimensions of the
easement; grantor/grantee.
POLICE DEPARTMENT
Site lines available should be shown at the intersection of Tomel Drive and
Strong Road.
r
MEMORANDUM
To: Marcia A. Banach, Director of Planning
From: Jerry C. Iazzetta, P.E., Town Engineer
Date: August 8, 2000
Re: Poulin Interior Lot 00-33P
We have reviewed the drawing dated July 2000 for the proposed Poulin Interior
Lot and have the following comments:
1. If the proposed house is to have a basement, footing drains will be
required and the outlet pipe shown.
2. T 2 certification is required.
3. Septic system design should be approved by the Town Sanitarian. Details
should be provided.
JCl/sfg
S:\ENGINEER\Prof.-P&Z Wetland Applications\Poulin\Review 8-8.doc
MEMORANDUM
To: Marcia A. Banach, Director of Planning
From: Jerry C. Iazzetta, P.E., Town Enginee
Date: October 3, 2000
Re: Poulin Interior Lot 00-33P
We have reviewed the revised drawing dated September 2000 for the proposed
Poulin Interior Lot and have the following comments:
1. T-2 certification is required.
2. Septic system design should be approved by the Town Sanitarian. Details
should be provided.
JCl/sfg
S:\ENGINEER\Proj.-P&z Wetland Applications\Poulin\Review 10-4.doc
LAW OFFICES OF 00- 33?
MAP:G N. NE E D E LMAN
800 COTTAGE GROVE ROAD
SUITE 313
BLOOMFIELD, GONNEGTIGUT 06002-2343
TELEPHONE (860) 242-7174
MARG N.NEEDELMAN
TELEGOPIER
JOHN M. KELLY (860) 242-8291
October 3, 2000
Walter Mealy
Chairman, Town Plan and Zoning Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Right of Way Access to Properties located at 432,434, and 438 Strong Road, South
Windsor
Dear Mr. Mealy:
The undersigned represents James T. Poulin and Lisa A. Poulin, the owners of 432 Strong
Road, South Windsor (the "Applicant"). The Applicant is before your Commission for
approval of a subdivision plan whereby the Applicant seeks to divide its property
currently consisting of 141 ,163 square feet into two (2) lots, one lot would contain the
existing house located at number 432 Strong Road and would comprise an area of 70,029
square feet of the current 141 ,163 square feet. The second lot would comprise the
remaining 71 ,134 square feet of the Applicant's property. This proposed subdivision is
shown on a map prepared for this application, entitled "Property Survey, Subdivision of
Property Owned by James and Lisa Poulin, 432 Strong Road, South Windsor, Conn. June
1992, revision July, 1995, July, 2000, September 2000, scale 1" = 40' by Petersen and
Hoffman, Land Surveyors, West Hartford, Conn."
The Applicant has worked closely with Town staff in order to fully comply with the
Commission's requirements for Subdivision approval. One issue that Town staff has
identified as a question for the Commission is the existence of the Right-of-Way access
from Strong Road to the Applicant's property, and adjacent properties located at 434
Strong Road and 438 Strong Road. A title search completed when the Applicant
purchased the property in 1996 showed that access to the Applicant's property and the
adjacent properties was by way of a Right-of-Way Roadway that had crossed near the
Westermost boundary of 438 Strong Road and provided ingress and egress to the
properties at the rear of 438 Strong Road, namely, the Applicant's property at 432 Strong
Road and property located at 434 Strong Road, now owned by Walter and Lynda Busto.
The title searcher was only able to find a recording dated August 16, 1942 and recorded
October 10, 1942 whereby the previous owner of the Applicant's property, Adam Yonika,
stated that he owned property on the North Side of Bancroft Road (now known as Strong
Road), and that at the time Mr. Yonika bought the property on or about August 26, 1920,
he and other property owners had use of the Right-of-Way along the Westerly boundary
line leading Northerly from Bancroft Road to other property located in the rear. A copy
of this recorded document is enclosed hereto with this letter. The Joseph Price identified
in that recorded Right-of-Way document was the prior owner of the property who sold the
property to Adam Yonika by virtue of a Warranty Deed dated August 26, 1920 recorded
in Volume 21 at Page 446 of the South Windsor Land Records. Therefore, it is clear that
this Right-of-Way Roadway existed for at least eighty (80) years, and probably for a time
period even longer than eighty (80) years.
This Right-of-Way has been shown on other maps filed before this Commission,
particularly a map entitled "Plot Plan, Resubdivision of Property known as 442 Strong
Road, South Windsor, CT Property of Green Acres, Inc. dated November 9, 1987 revised
February 10, 1988 scale 1" = 40', Nadir Donat-Civil Engineer, West Hartford, CT" this map
was filed in the Town Clerk's Office on July 1 , 1988. The road also appears to be shown
on a much earlier map filed in the Town Clerk's Office entitled, "Plan Showing New
Layout of Bancroft Road, South Windsor, Conn. Scale 1" = 20', June, 1938, Petersen and
Hoffman, Eng'rs."
The long-time use of this Right-of-Way Roadway can also be confirmed by one of the
owners of 434 Strong Road, Lynda Busto. Mrs. Busto's grandfather owned property
adjacent to the Right-of-Way, and she states that the roadway has been used as long as
she can remember. In addition, the Connecticut Light and Power Company has installed
several poles adjacent to the Right-of-Way Roadway to bring electrical service to the
Applicants property and adjacent properties. Thus, the facts are clear that this Right-of-
Way has been and must continue to be used as the sole access from Strong Road to these
rear adjacent properties.
Because the road has clearly existed for a long period of time, the legal use of the
roadway by the Applicant and adjacent property owners is not in dispute. While it is
unclear whether or not Mr. Yonika obtained the Right-of-Way Easement by implication or
by prescription, there is no doubt in either legal scenario, the Applicant and the adjacent
property owners have legal access to their properties by virtue of this Right-of-Way.
Because there is no clear grant of Right-of-Way to be found on the Land Records, other
than Mr. Yonika's 1942 recording stating the existence of and Mr. Yonika's own use of
said Right-of-Way, it is more likely that the Right-of-Way began as the result of an
ineffective or invalid grant which, under Connecticut Case Law, does not negate its
adverse character but rather shows that such Right-of-Way was created under a claim of
Right. Klar Crest Realty, Inc. vs. Ramon Realty Corporation, 190 Conn. 163, 169 (1983)
Under Connecticut Case Law, ineffective grants of Easements or Rights-of- Way have
provided the basis for establishing the adverse character of a Use or Possession. Klar,
supra at 169. In such instances, courts have found that a Right-of-Way or Easement still
exists, but said Easements are created by adverse possession and are thereby deemed an
Easement by prescription. Klar, supra at 169-170. Therefore, the situation with the
Applicant here is very similar to the Klar situation, and also the facts in Reynolds vs.
Soffer, 190 Conn. 184 (1983), and in both cases, the court found an easement by
prescription. Certainly, the facts delineated here would demonstrate an open and
continuous use of this Right-of-Way well beyond the Statutory requirement of fifteen (15)
years. Connecticut General Statute Section 47-37. Thus, the Applicants right to use this
Right-of-Way can be characterized as an easement by prescription, which permits ingress
i
and egress to the Applicant's properties and adjoining properties.
Therefore, the Commission may be assured that the Applicant and the adjoining
properties have good and legal access to the properties, in that adding one additional
single family dwelling to this Right-of-Way will not change the character or use of this
Right-of-Way, which has legally existed for well over eighty (80) years.
Of course, if the Commission should have any additional questions concerning the legal
existence of this Right-of-Way, I would be happy to provide a response.
Very truly yours,
LAW OFFICES OF MARC N. NEEDELMAN
W
J M K/kaw
John M. Kelly _
Encl.
RIGHT OF ;VAY
Aug. 16, 1942
The Hartford-Connecticut Trust Company
;Hartford, Connecticut
gentlemen;
.' I, Adsm Yonida of South Windsor,
north side of Bsneroft Road so-Galled in South nWindsor', Connecticut,
ecticut own � whiched on the
I bought
:on August 26, 1924, from Joseph Price, the deed being recorded in South Windsor
`Land Records in Volurle 21,. Page 446.
was a right-of that
land along this property, Joseph Price told me ti t
froijmBancroft Road to other propertygInhtheerear.ly bounder there
� line lead
Since I have owned this property, this right-of-way hes been used b
'neighbors who own other property surrounding mine. Y my
; i
Very truly yours,
Adam Yoni ke
,Received for Record Oct. 10, 1942 at 10;3 A. I.I.
4� own X ` -`-
QUIT CLAIM DEED
KNOW AIL MEN BY THESE PRESENTS, that THE HARTFORD-CONNECTICUT TRUST CORpjgy,
;2 specially chartered Connecticut corporation w th its principal ofYice in the TOE4n
:and County of Hartford, said state, for divers good causes and considers.
.unto moving, esiciQlly for Ten (10) Dollars received to its full satisfaction
EWALTER G. RICE and WALTER H. WOHLI,EBE, both of the Town of South Wind considerations of
there-
ounty, State of Connecticut, ass mired, released, and foray fo
sor, Hertford
;does by these presents, for itself, and successors, forever quit-claimed, and
'release and forever QUIT-CLAIMS unto the said Wpater G. Rice aand CWalter eH. 11ohl$e?
;their heirs end assigns forever, all such right and title as it, the said The labs'
'ford-Connecticut Trust Company, :za.s or ought to have in or to, Hart-
A certain piece or parcel of lend, with the buildings thereon, situated `
In the Town of particulaouth rlvorbo County y�O Hartford, State, of Connecticut,
End' bean more
POULIN INTERIOR LOT--PH 10/03/00
1. Request for approval of a Special Exception for an interior lot and subdivision for property
located at 432 Strong Road, RR zone. There is an existing house located on rear land and the
proposal is to subdivide an additional lot.
2. The requirements for the interior lot in the RR zone include: include 80,000 sf minimum lot
size and 262.5 feet minimum lot width.
3. The applicant received ZBA variances in September of 1992 to allow the proposed interior
lot to be 71,134 square feet in size and approximately 187 feet in width. In addition they
granted a variance to the section that states the no more than two houses could be accessed by
a single drive.
The conditions placed on this variance include: "Lot 2 should provide a written right of way over
Tomel Drive clearly defining the right of way for lot 2 and lot 3...In addition, the house should be
located at the position shown on the application map and present tobacco shed should be
removed prior to the construction of the house. Variances were also received to allow the
remaining lot with the existing house to be approximately 70,000 square feet.
4. Access to the interior lot is through an existing private roadway, Tomel Road,which is off of
Strong Road. There are currently three houses that are serviced through that drive. The
driveway servicing the new interior lot will include a turn-around driveway.
5. We have asked the applicant to provide to provide written documentation of the access rights.
6. The interior lot will be serviced by public sewer and septic system. The system has been
reviewed by the Town sanitarian.
7. There are regulated wetlands in the rear of the new lot,however, there is no activity near the
wetlands (with the exception of the footing drain) and the applicant is not proposing to
disturb more than 20,000 sf. There is no 100-year floodplain.
8. The criteria for approval of interior lots include:
a. the subject area's boundary configurations,topography, soils or other natural resource
characteristics;
b. proximity to neighboring properties and dwelling units;
c. restriction of existing views;
d. proposed buffering/screening;
e. potential drainage, traffic&environmental impacts
f. driveway locations, slopes &sight lines
g. utility service capabilities
h. property value impacts; and
i. future land use alternatives.
6. There is no screening proposed between the existing houses and the proposed interior lot. The
new house recently constructed has planted a row of evergreen pines along the property
boundary closes to the proposed house. The Commission may want to consider the addition
of plantings behind on the side of the existing lot on to screen the new house.
If this application is approved, the Planning Dept. has the following modifications to request:
- access rights for Lot 2 should be more clearly documented and subject tot he review of the
Town attorney
- varainces should be put on file in the Town Clerk's office
MEMOR.4NDUM
To: Marcia A. Banach, Director of Planning
From: Jerry C. Iazzetta, P.E., Town Engineer
Date: Augue8, Oc",r 3,ZovG
Re: Poulin Interior Lot 00-33P
�,000
We have reviewed the,,drawing dated 8A9 for the proposed Poulin Interior
Lot and have the following comments:
ff e pr e
required amd the outlet pipe sho m—.
T 2 certification is required.
Septic system design should be approved by the Town Sanitarian. Details
should be provided.
JCl/sfg
S:\ENQNEER\Proj.-P&z Wetland ApplicationskPoulinkReview 8-8.doc
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LAW OFFICES OF
MAB G N. NE E D E LMAN
Boo COTTAGE GROVE ROAD
SUITE 313
BLOOMFIELD, GONNEGTIGUT 06002-2343
TELEPHONE (860) 242-7174
MARL N. NEEDELMAN
TELEGOPIER
JOHN M. KELLY (860) 242-8291
October 24, 2000
VIA FACSIMILE & U.S. MAIL
Walter Mealy
Chairman, Town Plan and Zoning Commission
Town of South Windsor
1 540 Sullivan Avenue
South Windsor, CT 06074
Re: Subdivision Application # 00-33P/Poulin Interior Lot
Dear Mr. Mealy:
This undersigned represents James T. Poulin and Lisa A. Poulin, the owners of 432 Strong
Road, South Windsor (The "Applicant"). The Applicant is before your commission for the
above-referenced subdivision application.
At this time, the Applicant is requesting from the Commission a 35 day extension for its
application. The Applicant further requests that the Commission place this item on its
November 21 , 2000 agenda.
Of course, should you have any questions or concerns, please do not hesitate to contact
me.
Very truly yours,
LAW OFFICES OF MARC N. NEEDELMAN
vL('
r-9—
John M. Kelly
J M K/kaw
LAW OFFICES Or.
MAR G N. NZ x3]D E LM A.N
000 COTTAGE GROVE ROAD
SUITE 310
BLOOMFIELD,CONMCYICUT 00002.2343
TELEPHObM(800) 242.7174
)-L&RC N.NEEDEJ M.AN rr�am. [J• A
JOHN M.KELLY � ECOPMR COVER PAGE (Bo)E242-291
DATD; 4 � � - TXME SENT; If-
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1 1/1 F,/?AAA 1 9:99 RF;Ag4gA'791 MARC N. NFFTIF! MAN PAGF 09
RIGIIT Or, WAY/ROADWAY/B ASEME,NT AND MAINTENANCE AGREEMENT
I. AGREEMENT/PARTIES
This Agreement hereto made in the Town of County of State of Connecticut
on November , 2000, by and between JAMES T. POULIN and LISA POULIN, their
successors,heirs and assigns,of432 Strong Road,Town of South;Windsor,County of Hartford,State
of Connecticut("Poulin")and GIROUX CONSTRUCTION,INC.,its successors and assigns,of
Strong Road,Town of South Windsor,County of Hartford,State of Connecticut("Giroux")
and WALTER BUSTO and LYNDA TOMEL BUSTO,their successors,heirs and assigns,of
Strong Road,Town of South Windsor,County of Hartford, State of Connecticut("Busto").
WITNESSETrL
II. P ULIM A_RY STATEMENT -7 7
(A) Poulin is the owner, rece or parcel of land situate at the rear of Strong tcoad,
being shown as�ots 2 and 3 on map entitled,"Property Survey Subdivision of Property
Owned by James an isa in 432 Strong Road, South Windsor, Conn. Scale 1"=40',
X June,1992,Revised July, 1995,July,2000,September,2000,November,2000,Peterson&
Hoffmn-Land Surveyors,West Hartford,Connecticut"("Paulin Map"). Said map to be
recorded on the South Windsor Land Records.
(B) Giroux is the owner of a Certain piece or parcel of land situate on Strong Road,being the
property described on,the Poulin Map as Land N/F Giroux Construction.
(C) Busto is the owner of a certain piece or parcel of land situate at the rear of Strong Road,
being the property described on the Poulin Map as Land NX Linda Tomcl.
(D) Poulin has applied for subdivision approval before the Planning and Zoning Commission of
the Town of South Windsor. Poulin desires to have Lots 2 and 3 approved as residential
building lots. As of the date of this Agreement,said approval has not been granted.
(E) Poulin, Giroux and Busto are joint owners of a right-of-way/roadway/easement
approximately thirty(30)feet in width and extending approximately seven hundred(700 i
plus or minus feet in length northerly from the northerly street line of Strong Road across
pmprrty nwnrA by Gimux t}imugh the wraterly pnrtion of land owned by Giroux to I.nk 2
�11� and 3 owned by Poulin and extending easterly to and along the southerly boundary of the
Ova+ cl'- property owned by Busto. The description and location of said right-of-
kt way/roadway/easemeat is more particularly shown on the Poulin Map as "Tomel Drive"
(rrivate Righ"f-Way) ("rornel Drive'), which description is incorporated herein by
reference.
(F) Poulin,Giroux and Busto, and their successors and assigns, desire to share the costs and
expenses of maintaining the right-of-way/roadway/easement known as "Tome] Drive"as
described herein.
(G) Said right-of-way/roadway/easement was originally described in a document recorded by
Adam Yonika dated August 16. 1942 and recorded on the South.Windsor Land Records on
October 10, 1942 in'Voitime 39,Page 576.
11/16/2000 16:52 e602428291 MARC N. NEEDELMAN PAGE 03
NOW, THEREFORE, in consideration of the mutual covenants contained herein, receipt and
sufficiency of which is hereby acknowledged,the parties hereto agree as follows:
I11. EASEMENT/CONSIDERATION
That Giroux,for itself,its successors and assigns,grants and conveys unto Poulin and Busto, their
successors,heirs and assigns,an easement in,to,upon and over all that portion of said right-of-way/
roadway/easement shown as"Towel Drive"on the said Poulin Map.
Poulin and Busto,for themselves,and their successors,heirs,and assigns grant and convey unto
Giroux,its successors and assigns,an easement in,to,upon,and over all that portion of said right-of-
way./roadway/easement shown as"Towel Drive"on the said Poulin Map,
Said mutual right-of-way/roadway/easement is given as a covenant running with the land for the
purpose of ingress and egress and for installation, maintenance, and connections to water, cable,
telephone, electricity, and all other utilities, and it is agreed and understood that it is not to be
construed as a right-of way/roadway/easement given to the exclusion of Giroux,its successors and
assigns or to others later granted a similar right. Giroux,Poulin and Busto, their successors,heirs
and assigns,covenant with tech other and their successors and assigns,to at all times maintain and
make necessary repairs at their own expense, should the right-of-way/roadway/easement require
same for its proper upkeep and maintenance.
IV. EXPENSES TO BE SHARED
Poulin,Giroux and gusto,their successors,heirs and assigns,agree to share the costs of expenses of
maintaining the above-described right-of-way/roadway/easement in good repair commencing
November 1,2000. Each legally divisible residential lot shall be liable for its pro-rata share of said
costs. As of the date of the execution,each party shall be liable for one-third(1/3)of said cost.
In the event any party subdivides its land,then any new lot so created shall also be liable for its pro-
rata share.
V. MAINTENANCE AND REPAIRS DEFINED
The repairs and maintenance to be undertaken and performed under this Agreement shall include the
following:
(1) Filling and re-filling of holes;
(2) Paving and re-paving ofbituminous concrete if Poulin,Giroux and Busto,their successors,
heirs and assigns,agree to do so;and
(3) Any other repairs deemed advisable by a majority decision of the parties.
Any additional repairs or maintenance deemed necessary and advisable but not included in the
maintenance and repairs specified above,shall not be undertaken under this Agreement except with
the prior, express and written consent of each of the parties or with their successors, heirs and
assigns, as provided above, and an assumption by each of the parties, their successors, heirs and
assigns,in writing,of their proportionate share of financial liability for the costs of such additional
repairs or maintenance.
11/16/2000 16:52 8602428291 MARC N. NEEDELMAN PAGE 04
VI. LIMITS OF LIa&IIY
The parties,their successors,heirs and assigns,agree to bear the costs and expenses of repairs and
maintenance authorized pursuant to and during the term of this Agreement for the above-described
riot-of-way/roadway/easement as follows:
Upon obtaining subdivision approval,Poulin,his successors,heirs and assigns,agrees to bear fifty
percent(509/6)ofsuch costs and expenses. Giroux,his successors and assigns,agrees to bear twenty-
five percent(250/*)of such costs and expenses. Busto,his successors,heirs and assigns, agrees to
o
bear the remaining twenty-five percent(25/a)of such costs and expenses
Giroux and Busto,their successors,heirs,and assigns,hereby acknowledge that Poulin, his
successors, heirs,and assigns,intends to convey Lot 2 described on the Poulin Map and that,in such
event,if the new owner of Lot 2 assumes twenty-five percent(25%)of Poulin's fifty percent
(50%)obligations pursuant to this Agreement,then Poulin is no longer liable for said percentage..
VII. DESIGNATION OF AGENT
James T.Poulin,whose address is 432 Strong Road,is hereby designated as the Agent of the parties
to contract for and oversee the repairs and maintenance authorized under this Agreement. Such
Agent,upon acceptance of the agency,shall be responsible to contract for repairs and maintenance
of the right-of-way/roadway/easement after obtaining prior written consent of the parties, their
successors,heirs and assigns,as required in this Agreement. The parties reserve the right by majority
vote to remove said Agent with or without cause and appoint a replacement Agent.
VIII. COMPENUTIQN OF AGENT
The above-named Agent shall serve as Agent without compensation.
IX. PAYMENT OF COSTS AND.EXPENSES
When any costs are incurred for 'maintenance and repairs as described in Section V of this
Agreement, Poulin, Giroux and Busto, their successors, heirs and assigns, shall advance the
respective percentage share of the expense, as described in-Section VI herein,to the Agent within
thirty(30) days of receipt of documentation indicating that said maintenance/repair expenses had
been incurred.
X. ACCOUNTING BY AGENT
The Agent shall ftunish written documentation of maintenance and repairs undertaken, costs and
expenses incurred and receipts for the payment of costs and expenses within thirty (30) days of a
request submitted by any of the parties.
XI. NOTICES
Any notice or report required under this Agreement shall be sent to the parties and the above-named
Agent at the addresses respectively indicated in this Agreement,unless addresses change by written
notice to each person concerned,in which event,the new address given shall be used for the sending
of such notice or report. Any required notice shall be made by regular mail,properly addressed and
PostaBe Prepaid.
11/16/2000 16:52 8602428291 MARC N. NEEDELMAN PAGE 05
XII. PERSONAL INJURY AND PROPER DAM—AGE LIABILITY
Poulin, Giroux and Busto, their successors, heirs and assigns, may agree to purchase liability
insurance in sppmpriate coverage amounts with a licensed property and casualty insurer which
would insure the parties for any claims for personal injury to the above-named Agent or to any
worker employed to make repairs trader this Agreement,or to third persons,as well as any liability
of the parties for damage to the property of the Agent,or any such worker,or any third person as a
result of or arising out of repairs and maintenance tinder this Agreement. The costs for such
insurance premiums and/or liability obligations shall be borne as between the parties in the same
percentages as they bear ibe costs and expenses of such repairs and maintenance, as dewrihed in
Section VI of this Agreement.
X111. INDEMNITY
The parties,their heirs,successors and assigns,agree to indemnify and hold the other harmless from
and against any and all liability for personal injury or property damage when such injury or damage
shall result from,arise out of,or be attributable to,any maintenance or repair undertaken under or
pursuant to this Agreement.
XIV. GOVERMNG LAW
It is agreed that this Agreement shall be governed by,construed and enforced in accordance with the
laws of the state of Cumiectieut.
XV. rn' AQP—EMZNT
This Agreement shall constitute the entire Agreement bcawoun the ,parties and any prior
understanding or representation ofany ldndpreceding the date of this Agreement shall not be binding
upon either party except to the extent incorporated in this Agreement.
XVI. MODIFICA ON OF AGREEMENT
Any modification of this Agreement or additional obligation assumed by either party in connection
with this Agreement shall be binding only if evidenced in writing signed by each party or an
authorized representative of each party.
XVII. NO wAIY�$
The failure of any party to this Agreement to insist upon the performance of any of the terms and
conditions of this Agreement,or the waiver of any breach of axty of the tennis and conditions of this
Agreement,shall not be construed as thereafter waiving any such terms and conditions,but the same
shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
XVIII. &TIORNEY F
In the event that any action is filed in relation to this Agreement,the unsuccessful party in the action
shall pay to the successful party,in addition to all the sums that either parry may be called on to pay,
a reasonable sum for the successful party'&attorney's fees.
XIX. PARAGRAPH
11i1 Fu?APIIA 1F'..99 RRA?47R991 MARC N. NFFP.F1 MAN PAGE 09
The titles to the paragraphs of this Agreement are solely for the convenience of the panic iuld shall
not be used to explain, modify, simplify, or aid in the interpretation of the provisions of this
Agreement.
IN WITNESS WHEREOF,the parties hereto have duly executed this Agreement.
UPOULIN"
JA SS T.POULIN
DATE
LISA POULIN
DATE
STATE OF CONNEC,'TIC U'l'
gq, November ,2000
COUNTY OF
Personally appeared JAMES T.POULIN and LISA POULIN,signers and seal ers of the foregoing
instt'u meet, who acknowledged the same to be their free act and deed, before inc, this day of
November,2000,
Notary Public
Commissioner of the Superior Court
J
1.1/16/2000 16:52 8602428291 MARL N. NEEDELMAN rAUt nr
"GIROUX"
Giroux Construction,Inc.
By
MARIO GIROUX
DATE
STATE OF CONNECTICUT
ys, November ,2000
COUNTY OF
personally appeared MARIO GIROUX, of Giroux Construction,Inc.,duly
authorized signer and sealer of the foregoing instrument,who acknowledged the same to be his free act and
deed and the free act and deed of the corporation,before me, this_ day of November,2000.
Notary Public
Commissioner of the Superior Court
"BUSTO"
WALTER GUSTO
DATE
LYNDA TOMEL BUSTO
DATE
STATE OF CONNECTICUT
ss. November ,2000
COUNTY OF .
Personally appeared'WALTER BUSTO and LYNDA TOMEL BUSTO, signers and sealers of
the foregoing instrument,who acknowledged the same to be their free act and deed,before me, this
day of November,2000.
Notary Public
Commissioner of the Superior Court
1-1/16/2000 16:52 8602428291 MARC N. NEEDELMAN PAGE 08
ACCEPTANCE OF AGENCY
The undersigned, JAM ES T.POULIN,hereby acknowledges and accepts his appointment as agent
of Giroux and Busto to contract for and oversee the maintenance and repair authorized for the easement
described in the above Agreement and agrees to be bound by the provisions of such Agreement.
DATED:
JAME5 T.POULIN
A
•
• Department
Town of South Windsor
Memo
To: Attorney John Kelly
CC: Jim Poulin,Attorney Barry Guiliano
From: Michele R. Lipe, AICP
Assistant Director of Planning
Date: 11/16/00
Re: Appl#00-33P, Poulin Interior Lot
To date, this department has not received the access easement required for`the
above referenced interior lot application. The public hearing was held open until
November 21 specifically for this issue and the Town attorney's review of such.
Could you please advise me as to its status? (Our policy is that all revision for plans
being heard on Tuesday be in on the proceeding Wednesday so that we can assure
adequate review time.)
Your prompt attention is appreciated. I can be reached at 644-2511, ext. 252.
0 Page 1
RECEIVEDLAW OFFICES OF
MAIR G N. NE E D E LMAN Nov 27 2a
80o COTTAGE GROVE ROAD
SUITE 313 SOUTH WINDS
OD p,A �(�e
BLOOMFIELD, GONNEGTIGUT 06002-2343 LANENS V%pl.
TELEPHONE (860) 242-7174
MARL N. NEEDELMAN
TELEGOPIER
JOHN M. KELLY (860) 242-8291
November 21, 2000
VIA FACSIMILE & U.S. MAIL
Walter Mealy
Chairman, Town Planning and Zoning Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Subdivision Application#00-33P/Poulin Interior Lot
Dear Mr. Mealy:
The undersigned represents James T. Poulin and Lisa A. Poulin, the owners of 432 Strong Road,
South Windsor(the"Applicants"). The Applicants are before your Commission for the above-
referenced subdivision application.
At this time, the Applicants have decided to withdraw their application.
Of course, should you have any questions or concerns,please do not hesitate to contact me.
Very truly yours,
LAW OFFICES OF MARC N.NEEDELMAN
- 9-
w---,�
John M. Kelly
JMK/jgg