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HomeMy WebLinkAboutSubdiv/Special Exception PLANNING 8s ZONING COMMISSION N s e APPLICATION FO �'" q c <Qyd Application No: R L G L FV E al - O/� D Official Receipt Date: �L J 0 Receipt No: g 2001 ��`• ,, ; �F APPLICANT: lw C# , 111 t1�vJ ➢` ri � • �-- ADDRESS: ��lX/�'( Jr/Y� OWNER OF RECORD ON LAND RECORDS: ADDRESS: Ay�DO h J7 j'�-� su G� �JI 14 C�/ COMPLETE LOCATION OF PROPERTY: ASSESSOR'S MAP # PARCEL # ZONE c� tV NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Y?3 LrL� LY -3UY7 doe eoY- 4L7 THIS APPLICATION IS FOR: (Check all that apply): 0 Zone Change to (Public Hearing required and Certified letter to abutters required) Subdivision/Resubdivision Q-Open Space Subdivision (Public Hearing Required) 0 Subdivision ❑Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Approval Special Exception to Article (Public He y �. / Hearing, letter to abutt ers ers 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 p 1 cation Pending sign is required to be posted on the property fo all applications ten (10) days prior to being heard by the Commissi e of Applicant Si a of Property Own (See reverse side for additional information) TOWN OF SOUTH WINDSOR CHECKLIST OF REQUIRED SUBMISSION DOCUMENTS SUBDMSIONS/RESUBDMSIONS APPLICANT PROJECT NAME 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. General Information 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 a. Outline of buildings. b. Layout of streets c. Surrounding property boundaries-within 500 feet. J d. Names of abutting property owners. e. Proposed open spaces and recreation areas. ODriveway cuts on abutting properties and any properties across from proposed site Subdivision f Minor Regular 6. Development phasing, if proposed. x x 7. 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 10. 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). 5. Drainage area map. * - x 6. Drainage calculations * x 7. Perc test data, preliminary indication of septic system feasibility if individual sanitary * x sewerage systems provided. 2 ' Subdivision Minor Regular c. Profile of roadway showing existing and finished grades, all tangent grades, and all vertical curve information x d. Profile will show all catch basins and all drainage lines between catch basins with all invert and top of frame elevations. Drainage pipe material to be described. x e. Typical/critical cross-sections where grading is outside street right-of-way or is at street right- of-way. x f. Where any storm drainage line discharges into an existing brook, sufficient profile of this brook will be shown to determine conditions. x g. Profiles shall show all sanitary sewer lines and manholes, including pipe material, elevations, sizes, lengths, and slopes of pipes. Top of foundation elevations for habitable buildings shall be shown. * x 15. Traffic report (by traffic engineer) * *. 16. Open space site improvement p p plan. x 17. Architectural elevations/information per Sect. 4.20 of the zoning regulations * - if required by Town Engineer ALL INFORMATION REQUIRED ABOVE IS INCLUDED IN THIS APPLICATION AT THE TIME OF SUBMISSION. Date Plan Preparer (PE/LS) June 18, 1998 PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM TO: Matt Galligan, Fred Shaw, Michael Gantick, Thomas Field, Bill Lanning, Kris Lindstrom, Ray Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula, Jerry Iazzetta FROM: Marcia A. Banach, AICP, Director of Planning The Planning & Engineering Departments have received plans for the following project: Location: �3 Site Plan 0 Subdivision No. Acres Zone t ti C 0 Industrial 0 Commercial OResidential No. Lots/Units Water: 0 Public 0 Private Well Sewerage: 0 Public 0 Septic system(s) Project Description: �-'Aj _, Future Town-owned property involved? 0 Yes [)(No O new street(s) O new detention area 0 new open space/recreation area 0 active 0 passive Planning Department notes: Please comment by and return to the Planning Department. MEMORANDUM To: Marcia A. Banach, Director of Plannin From: Jerry C. Iazzetta, P.E., Town Enginee Date: February 6, 2001 Re: Lanza Resubdivision We have reviewed the drawings dated 12/28/00 for the proposed Lanza Resubdivision and have the following comments: 1. The existing sanitary cleanout should be replaced with a sanitary manhole with the lateral to the proposed house connected to this manhole. 2. Based on the proposed grading, the proposed house will have very little area graded flat enough for a "lawn area". 3. The proposed grading should be a maximum of 4:1 slope. �he minimum sight distance for a shared driveway on a 35 mph road is 285 feet. Only 237.5 is provided. JCl/awp S:\Engineer\Proj—P&Z&Wetland Apps\Lanza\Feb.6 comments MAR. 9.2001 1:50PM CUMMINGS & LANZA LLC8606443347 N0.415 P.2i3 LAW 0 MICES CUMMINGS,LANZA AND PURNHAGEN,L.L.C. 1610 6LLINGTON ROAD POST OPPI"PDX 667 SOETM WINDSOR,CONN,060744667 (860)644.3473 FAX(860)644-33C IIAROLD R CUMMINGS 14AWARD R.KUEHN MICHAV,L LANZA OPCOUNSEL VINCENT L FURNMAGEN March 9, 2001 Water Mealy, Chairman South Windsor Planning&,Zoning 1540 Sullivan Avenue South Windsor, CT 06074 Re: AppI#01-009 Lanza Resubdivision& Special Exception Dear Mr.Mealy: Please accept this letter as my request to have the Public Hearing on the above referenced application to be extended for an additional 65 days, y you, 'chael J. Lanza '� a 2C,�i1 MJL: cbb h�Na F4 r TS'�1 ,a js'aJ MAR. 9.2001 1:51PM CUMMINGS & LANZA LLCB606443347 N0.415 P.3i3 February 9,2001 CERTIFIED MAIL Mr. and Mrs. Robert F. Fallavollita J 61 Bourbon Street R E C E d '( �-- South Windsor, CT 06074 h1,1r3 RE: Proposed Lot 71A, Bourbon Street, South Windsor Dear Robert and Susan: e. �� -� &-�`ot "g Lh.- It is my intention to seek approval for one building lot located on the northerly side of my property which lies behind your home, I have enclosed a map which shows where I would like to have the abilty to construct a new home. This new lot would share the existing driveway that now services my home at 57 Bourbon Street and it would be my intention to cut down as few trees as possible to keep in place the natural buffer that I now have with your abutting property. In accordance with Section 7.3b of the"Town of South Windsor Inland Wetlands, Watercourses, and Conservation Regulations% I am 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 complete set of plans are on file with the South Windsor Planning Department, 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 Jeff Folger,the Zoning/Wedands Enforcement Officer at the Planning Department,644-2511,ext, 253. If you have any questions about this proposed lot,please don't hesitate to contact me at my office 644-3473 or at home 644-5182. Sincerely, Michael J, Lanza MJL: cbb LANZA INTERIOR LOT--PH 3/13/O1 DRAFT 1. Request for approval of a Special Exception for an interior lot and subdivision for property located at 57 Bourbon Street, RR open space zone. There is an existing house and the applicant is proposing to cut out one house lot. 2. The requirements for the interior lot in the RR include: include 80,000 sf minimum lot size and 262.5 feet minimum lot width. The proposed interior lot would be over 80,324 sf size and approximately 263 feet in width. The remaining lot with the existing house would be just over %2 acre. 3. Access to the interior lot is proposed to be over the existing driveway at 57 Bourbon Street. The driveway servicing the new interior lot will include a turn-around driveway. 4. It appears that all other zoning requirements have been met. 5. The interior lot will be serviced by public sewer and public water. WPCA approval is required. A manhole is required at the intersection of the sewer laterals. 6. There are regulated wetlands on the new lot, and�tapplicant wasapproved by the IWA/CC on 5/2/01 with no unusual approval conditions. re is no 100-year floodplain. 7. 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 house and the proposed interior lot, however it is a wooded area. The Planning Dept. requests that he public hearing remain open to get the input from the wetlands commission. Staff also has the following modifications to request: - grantor and grantee should be more defined on easements - zoning data table for the conventional lot(and how lot meets requirements)must be shown - Rear yards should be shown coincident with the conservation easement 1 i So•MN 8E,4 s ` 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 soe•co'�v AREA CODE 860 /644-2511 May 7, 2001 Certified #P462498173 Attorney Michael Lanza 57 Bourbon Street South Windsor, CT 06074 RE: Appl. #01-01P, Michael Lanza, Lanza re-subdivision, 57 Bourbon Street, RR Open Space zone Dear Attorney Lanza: At the May 2, 2001 regular meeting, the Inland Wetlands Agency/Conservation Commission approved application #01-01P- Michael Lanza, Lanza re-subdivision, 57 Bourbon Street, Inland Wetland/Conservation Commission application for the construction of a single family residence in a proposed interior lot re-subdivision (Assessor's Map #91, parcel #87), RR Open Space zone. 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 May 2, 2006. It is the landowner(s)/applicant(s) responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration. 4. All approvals required must be obtained and submitted prior to any activity on the site. Michael Lanza- Lanza re-subdivision May 7, 2001 Page 2 5. A contact person shall be.identified on the plans. 6. Placement of the proposed conservation easement will follow the 248 contour on the south side of the new lot and continues as shown on the submitted plans. 7. We recommend a bond in the amount of$1,000 be submitted to the Planning & Zoning Commission to ensure compliance with the Erosion and Sedimentation Control Measures. Very truly yours, INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION C1 Elizabe Warren, Chairperson EW:dr cc: Chief Building Official Town Engineer TOWN 4 C Slxzm � ti S � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 �OSOR'c°� TELEPHONE(860) 644-2511 May 22, 2001 CERTIFIED MAIL Michael Lanza 57 Bourbon Street South Windsor, CT 06074 Dear Mr. Lanza: Re: App101-01P,Lanza Interior Lot/Subdivision We are pleased to advise you that the Planning & Zoning Commission voted on May 8, 2001, to approve with modifications application#00-01P, Lanza Interior Lot/Resubdivision on 80,324 sq. ft. to create I lot to be known as Lanza Interior Lot and Special Exception to Article 4.6.1 located on 57 Bourbon St., RR open space zone as shown on plans prepared by Lucek Engineering,project#2003 and dated 12/28/00, as revised. This approval is subject to the following modifications: 1. This approval is for 1 lot. 2. Drainage and construction for this subdivision is subject to the approval of the Town Engineer. 3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 4. Water shall be supplied to this subdivision by public water. 5. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 6. All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision,must be submitted on standard Town easement form where appropriate, to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space,public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney. 7. Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" =40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains.No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer. 8. If, for any reason, finished grading and other individual lot site work is not completed,the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy. 9. A drainage assessment fee in the amount of$50.00 shall be submitted to this Commission. 10. No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office. 11. Engineering comments dated 2/6/01 must be addressed to the Town Engineers satisfaction 12. Grantor and grantee should be defined on easements. 13. Zoning data table for the conventional lot(and how lot meets requirements)must be shown 14. Rear yards should be shown coincident with the conservation easement 15. The first 30' of the driveway should be a minimum of 18ft. wide. 16. House to have similar architecture the existing house Black and white transparent mylars of Sheets#2 with the above modifications, together with three blueprint copies of the entire set of plans must be submitted to this Commission within 30 days to be stamped and signed. The letters of approval of this Commission, as well as the Inland Wetlands Agency/Conservation Commission, must be reproduced on the mylars. After mylars have been signed by the Commission, they will be returned to you for filing in the Office of the Town Clerk by August 25, 2001. After filing these plans, a copy of the receipt must be submitted to the Planning Department. The attached Special Exception form must be completed and filed in the Town Clerk's office. The special exception will take effect upon filing. Sincerely, Walter J. Mealy, Chairman Planning and Zoning Commission Enclosures cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Board of Education Emil Lucek Attachments: Deed/easement policy Bonding policy I, Walter J. Mealy, Chairman of the South Windsor Planning&Zoning Commission,hereby certify that on May 8, 2001, the Planning and Zoning Commission granted to Michael Lanza a Special Exception to Article 4.6.1 of the Zoning Regulations and Resubdivision to allow an interior lot on property located at 57 Bourbon Street, as shown on plans prepared by Lucek Engineering,Project No. 2003. Assessor's Map and Parcel Number: Map #91 Parcel#87 More particularly bounded and described as follows: See attached OWNER OF RECORD: Ann-Christine M. Lanza Dated at South Windsor, Connecticut this 22nd day of May. In accordance with CGS Section 8-3d Walter J. Me ly, Chaii Planning &Zoning Commission Received for record this day of , 19_, at South Windsor, Connecticut ATTEST: i Volume 427 Page N2 582 s i 1 i I� • QUIT•CLUMDEED 1136 r{ �A"ft�` j IfaQ.c wd-+.C.—M , To all.People to whom these Presents shall come, Greeting: Ivu3 KNOW YE,THAT I, MICHAEL LANZA of the Town of South Windsor, County of Hartford f li and State of Connecticut (hereinafter referred to as "Grantor") r f for divers good causes and considerations thereunto moving,especially for No MONETARY I CONSIDERATION -- LEGAL CONSIDERATION ONLY ' 4 j received to my full satisfaction t�sfaction of i ANN-CHRISTIN i Town of South Windsor, County of Hartford and State of Connecticut (hereinafterthe referred to as the "Grantee") j 1 hA Ve remised,released,and forever quit-claimed,and do by these presents,for j 5 myself and heirs,justly and absolutely remise,release,and forever 1 f I. QUIT-CLAIM unto the said ANN-CHRISTINE M. LANZA and to her l +i heirs and assigns forever,all such right and title as I the said Grantor f i) have Or ought to have in or to all that certain piece or parcel of land located in the f ' f± 1' Town-of South Windsor, County of Hartford and State of Connecticut, and being known as ' 1;+ Lot No. 71, as more particularly bounded and described on Schedule A attached hereto � and made a part hereof. ! f`, And being the same premises conveyed to the Grantor herein by Warrantee Deed of Windshirs Abbey Estates, Ltd., and recorded in the South Windsor Land Records as of II; record appears. t f! � t ±' $ onve"noe Tax"°-.cc .;` $ Convayanco Tay Town lark of Seutt,LVcr`c•Y- ' ' Towr�lark of 5 u:�W rt•��aa� � � 7 j f 1 • y - y .. TOWN .OF SOUTH WINDSOR STAFF SITE CHANGE FOR SITE &. SUBDIVISION GENERAL: CHANGE ORDER CONTACT PERSON Phone No. "t* " [ Address 4$ STOCK PLM6 NAn`�[�1��"f��Site Name 'rbTAL gTTV3E$2� 3Y$" ffl45 P&Z No. Owner W)%A-rPJEG PAOft 5by-01 Let LC- Phone No. Contractor Signature of Owner Dates 6 zq .C� / Signature of Design En r. Date; ► CHANGE:. '(.Describe 'location and nature of .change. include Four (4 ) copies of plan/profile of Change. ) Reason for Changes (Why is change required) Motht1 11 be able food aceL APPROVALS: (As _Required) i t Dir. Of "Planning ; G Date: Town Engineer Date Dir. of Public Works Date: Other: . Date:` STAFF COMMENTS White - Town Engineer Yellow Applicant Pink - Director of Planning Goldenrod Engineering Department x. W.F. 101 0 736 f 73.E ._ , /W.F. 102 % !� r 30' RETAINING W -� �: - • _ .. .... ...._.. a r F r ., .. NE ` - t� wr. j l 03 OV L ocATloff/ . i 4.5 PAO) F. 04 r w.F. 218 q f• � a \..J . l atf I yces 4-0 - / ,t49 ;"e, { X 105 J / -,+ SOyIM d�1 t� 7awon /, t r �SotdA ? �i u 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 '�OsoR•co TELEPHONE (860) 644-2511 June 18,2001 Mr.Michael Lanza 57 Bourbon Street South Windsor,CT 06074 RE: Lot 71A Bourbon Street- Approval to Connect Dear Mr.Lanza: The South Windsor Water Pollution Control Authority,at its regular meeting of June 5,2001,gave approval for the connection to the Town's sewerage system of a subdivision known as Lot 71A Bourbon Street,South Windsor,CT located on Bourbon Street shown on plans prepared by Emil Lucek Associates, Job.#2003 as more specifically shown on plans entitled"Special Exception—Resubdivision and Interior Lot Application",Sheet No. 1,dated 12-28-00,with revision dated 4-07-01 and Sheet No.2,entitled "Topographic Plan",dated 12-30-00,with revision dated 4-07-01,and subject to the following conditions: 1. Proper easements drawn up and reviewed and approved by the Town Attorney 2. Technical approval of the Town Engineering Department 3. Final Authority approval and acceptance of the sanitary sewerage connection will be given once the sewer line has been installed and inspected by the Town staff,and based upon the written verification of the Town staff that said sanitary sewer line was installed in substantial conformance with the design plans previously approved by the Authority,and meeting all Town regulations and appropriate technical specifications relating to sanitary sewer construction. This approval letter must be superimposed on the final approval plans. Very truly yours, Tho s in on,Chairman Water Pollution Control Authority TH:dd CC: Matthew Galligan,Town Manager Michael J.Gantick,Director of Public Works Town Engineer Marcia Banach,Director of Planning John Collins,Chief Building Inspector PLANNING DEPARTMENT TRANSMITTAL DATE: TO: ,A'.1 RECEIVED T JUN 2 9 2001 SOUTH WINDSOR WE ARE SENDING YOU: ENGINEERING DEPT, O PZC initial plans O Drainage computations O PZC revised plans O Bond estimate request PZC Final plans for review O Bond reduction request O PZC Final plans for filing Correspondence O IWA/CC plans O Other NO.OF COPIES APPLICATION NUMBER PROJECT/APPLICANT THESE ITEMS ARE TRANSMITTED: For review and comment - O For your files O For your use O As requested O Other PLEASE RETURN/COMMENT BY: COMMENTS: i 6'7C ck ill, Copy to: From: G�� kl Planning Department- 10/98 J MEMORANDUM To: Marcia A. Banach, Director of Plannin From: Jerry C. Iazzetta, P.E., Town Enginee Date: February 6, 2001 Re: Lanza Resubdivision We have reviewed the drawings dated 12/28/00 for the proposed Lanza Resubdivision and have the following comments: oaterala existing sanitary cleanout should be replaced with a sanitary manhole with the to the proposed house connected to this manhole. Based on the proposed grading, the proposed house will have very little area graded . . flat enough for a "lawn area". 3. The proposed grading should be a maximum of 4:1 slope. minimum sight distance for a shared driveway on a 35 mph road is 285 feet. Only 237.5 is provided. �Ke LG nzG ICl/awpM S:\Engineer\Proj—P&Z&Wetland Apps\Lanza\Feb.6 comments / # Aci Y l N�� S VO1. 1309PAGE 174 CONSERVATION EASEMENT 28ZO This Conservation Easement made this day of April, 2002, by and between BOURBON STREET ASSOCIATES, LLC , a Connecticut Limited Liability Company with its principal place of business in the Town of South Windsor, County of Hartford and State of Connecticut (hereinafter called "GRANTOR" and the TOWN OF SOUTH WINDSOR, a municipal corporation having its territorial limits within the County of Hartford and State of Connecticut, hereinafter called "GRANTEE"; WITNESSETH: WHEREAS, the GRANTOR is the owner of real property, hereinafter described on Schedule A attached hereto and incorporation herein by reference, located on Bourbon Street in the Town of South Windsor, County of Hartford and State of Connecticut; and WHEREAS, the GRANTEE, acting through its appropriate municipal agencies, has determined that it would be in the public interest to retain, maintain, and conserve as open space, in its natural state, a portion of the premises of the GRANTOR; and WHEREAS, the GRANTEE, acting through its appropriate municipal agencies, has determined that the maintenance and conservation of said property can best be accomplished by the securing by the GRANTEE of a conservation easement over, across and upon the said property of the GRANTOR; and WHEREAS, the GRANTOR is willing, in consideration of the need to provide for open space, to grant to the said GRANTEE, the easement hereinafter expressed concerning said property, thereby providing for the maintenance and conservation of said premises as open space; and WHEREAS, the GRANTOR intends to convey the property described in Schedule A to certain purchasers subject to this Conservation Easement and by granting said Conservation Easement to the GRANTEE shall not change the character of private ownership of said property and the public shall have no right to enter upon same. The portion of the property described in Schedule A which is subject to the Conservation Easement is all property south of the 248 contour line across the rear of Lots 71A and 71 up until the said contour line intersects with the southerly corner of Lot 71. At this point the boundary of the Conservation Easement follows the rear boundary line of Lot 71 along a bearing of North 87' 01' 21" East for a distance of appoximately 169 feet. NOW, THREFORE, the said GRANTOR does hereby give, grant, bargain and confirm unto the said GRANTEE, its successors and assigns forever the right, privilege and authority as a conservation easement and restriction to perpetually preserve, protect, limit, conserve and maintain the land hereinafter described in its present natural, scenic and open condition. CONVEYANCE TAX RECEIVED STATES LOCALS No. V- . - k 'Al TOWN CLERK OF SOUTH WINDSOR 4 voL. 13 0 9 PAGE 170 THE GRANTOR FURTHER CONVENANTS AND AGREES: 1. To prohibit and refrain from the following operations, unless prior written consent is obtained from the GRANTEE, acting through its appropriate municipal agency or successor, on the,premises conveyed herein: a. The construction or placing of buildings, structures, road, or signs; b. the dumping or placing of soil, leaves and yard wastes, etc., or other substances or materials as landfill or dumping or placing of trash, ashes, waste, rubbish, junk, garbage or unsightly or offensive materials; c. the excavation, dredging or removing of loam, peat, gravel, soil, rock or other mineral substance; d. the removal or destruction of trees (living or dead) shrubs or natural vegetation, the killing of wildlife; or e. any other activity or use detrimental to drainage, flood control, water conservation, erosion control, soil conservation, wildlife or the maintenance of the land and inland wetland areas in their natural, scenic and open condition; f. it is the objective of these prohibitions that the land be left in its natural state. The GRANTOR reserves unto itself, its heirs, successors, and assigns the right to continue to use the property subject to said Conservation Easement for all purposes not inconsistent with the terms hereof. The GRANTOR of the Conservation Easement shall in no way grant anyone other than the parties hereto the right to enter upon the property so conserved. The GRANTEE, or its lawful agents, may enter the property for the purpose of inspection, maintenance, and ensuring that the terms hereof are properly enforced. The foregoing Conservation Easement shall be permanent and shall be binding upon the GRANTOR and its heirs, successors and assigns, and shall insure to the benefit of the GRANTEE, its successors and assigns. TO HAVE AND TO HOLD the above granted rights, privileges or authority unto the said GRANTEE, its successors and assigns forever, to its and their own proper use. VOL. 13 09 PAGE 176 SCHEDULE A A certain piece or parcel of land situated in the Town of South Windsor, County of Hartford and State of Connecticut,known and designated as Lot Numbers 71 and 71A on a map or plan entitled, "PROPERTY OF MICHAEL &ANN LANZA 57 BOURBON STREET, SOUTH WINDSOR, CT EMIL W. LUCEK ASSOCIATES Consulting Engineers 63 Ellington Road Tolland, CT 860-872-9942 Scale 1" = 100' Date 12/28/00 Drawn EWL Checked DBL Project 2003 Sheet 2 of 2 REVISIONS 1/5101 4/07/01 6/21/01"which map or plan is on file in the Town Clerk's Office in said Town of South Windsor,to which reference may be had. Said piece is more particularly bounded and described as follows: Beginning at a point in the southwest line of Bourbon Street which point is 71.27 feet N° 21' 25" W from a point which marks the northeast corner of Lot 63, Windshire Abbey Estates, Ltd., Phase V; thence running northwesterly along Bourbon Street a distance of One Hundred One and 62/100ths (101.62') feet to a point;thence turning and running southwesterly in the arc of a curve having a radius of twenty-five(25') feet connecting the southwest line of Bourbon Street with a road stub a distance of Thirty Six and 47/100ths (36.47') feet to a point; thence running S 44'41' 3 5"W a distance of One Hundred Thirty and 66/100ths (130.66') feet to a point; continuing in a southwesterly direction along the arc of a curve having a radius of Eight Hundred Fifty(850') feet, a distance of Thirty One and 83/100ths (31.83')feet to a point; thence running N 53' 30' 00" W a distance of One Hundred Ninety Nine and 21A00ths (199.21') feet to a point; thence funning S 36' 30' 00" W a distance of One Hundred Twenty(120) feet to a point; thence running S 22' 41' 46" W a distance of One Hundred Thirty Five and 92/100ths (0135.92')feet to a point; thence running S 62' 37' 09"E a distance of One Hundred Seventy Five (175) feet to a point;thence turning and running in a southwesterly direction along the arc of a curve having a radius of Eight Hundred Fifty (850) feet a distance of Eighty Five and 25/100ths (85.25') feet to a point;thence running S 21' 38' 00" W a distance of Forty Six and 49/100ths (46.49') feet to a point; thence running S 58' 38' 15"E along property now or formerly of Philip Ireland a distance of One Hundred Eighty and 73/100ths(180.73') feet to a point;thence running N 38' 22' 14"E a distance of Sixty One(61) feet to a point;thence running S 51' 37' 46"E a distance of Fifty(50)feet to a point; thence running N 21' 21' 29"E a distance of Two Hundred(200) feet to a point;thence running N 40' 10' 20" W a distance of One Hundred Seventy Three and 47/100ths (173.47') feet to a point; thence turning and running in a northeasterly direction along the arc of a curve having a radius of Eight Hundred(800) feet a distance of Sixty Eight and 81/100ths (68.81')feet to a point;thence running N 44' 41' 35"E a distance of One Hundred Sixteen and 81/100ths(116.81') feet to a point; thence running in a northeasterly direction along the arc of a curve having a radius of Twenty Five (25')feet a distance of Forty Two and 47/100ths (42.47')feet to the point or place of beginning. VOL. 13 0 9 PAGE 1 '17 IIV WITNESS WHEREOF, has caused these presents to be signed by its proper corporation officer and its corporate seal to be hereto affixed this day of April, 2002. Si e and Delivered n the P s of: Bourb Street Associates, LLC I ( Y ANN-CHRISTINE M. LANZ cKa J STATE OF NNE ICrT} } ss. South Windsor COUNTY OF HARTFORD On this thej day of April, 2002, Personally Appeared, ANN-CHRISTINE M. LANZA, Member of Bourbon Street Associates, LLC, signer of t e foregoing instrument, and acknowledged that she executed the same for the urpose erein contained . Commissill r Ithe Superior Court My Commission Expires Witness��/ '/�S / _ 7'�O'Zt")al Town Man)er Date RE�C,(E_,IVED FOR RECORD: DATE-�TIME� 1&M. TOWN CLERK. SOUTH WINDSOR, CT