HomeMy WebLinkAboutSite Plan of Development (84) PLANNING & ZONING
1050 SULLIVAN AVENUE
1982 - 2002
WESTVIEW OFFICE PARK
SITE PLAN AND OTHER APPROVALS
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
The Commission will officially receive applications
pplication NO. at either Special or Regular meetings provided they
eceived Date: zy '1�,P�� were submitted to the Commission Chairperson. Secretar
ction Or Public Hearing by: or agent, at least fourteen (14) days prior to the
meeting at which they will be officially received.
No application officially received at a Special Meetin
eceipt No. will be acted upon at that meeting.
i
APPLICANT: Raymond S. Holcombe and Warren E. Howland
ADDRESS: 555 Main Street, Manchester CT 06040 TELEPHONE 643-1108_
OWNER OF RECORD ON LAND RECORDS: Raymond S. -Holcombe and Warren E. Howland
ADDRESS: 55 Main Street, Manchester, Connecticut 06040
COMPLETE LOCATION OF PROPERTY: Loca ' Road, Sullivan Avenue
and Graham Road, See Attached Map
Y`
MAR' 1� 1995
ZONE A-20
NAME, ADDRESS & TELEPHONE NUMBER OF PER%fpt1T8,n Omm�J%UIRIES SHOULD BE
gg,, Zon g
DIRECTED: William E. Grace, Esq. , ?% N) �I"and Road, South Windsor CT 06074
n
TELEPHONE 644-1528
_ THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING)
1. Zone Change to (public hearing required)
2. Filing for Subdivision
3 . Filing , for Open Space Subdivision (public hearing required)
4. 'Filing for Resubdivision (public hearing required)
5. Special Exception to Article (public hearing required)
XX 6 . Site Plan of Development - Copies of ZBA Approval -letters dated
1/7/85 and 5/10/82 are attached.
7. Removal of Sand, Gravel, Clay -or Quarry Stone & Ore . (public
Wearing required)
8. Other (explain in detail) ,
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF THE PROPERTY
AND SUBMITTED WITH 6 SETS OF PLANS (7 sets if public hearing .is required)
BEFORE IT IS RECEIVED BY THE PLANNING & ZONING COMMISSION.
Appplicant OW er
Raymond S. iolcombe and Warren E. Howland Raymond S. Holcombe and
By: William E. Grace, Their Attorney Warren E. Howland
I By: William E. Grace, Their Attorney
j 12/84
�40 M a N
Town O-P Sott& cwznzao�t
C �
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
~osoR•coN� AREA CODE 203/644-25U
January 7, 1985 g
j CERTIFIED MAIL
1
William E. Grace, Esq.
25 Oakland Road
South Windsor, CT 06074
Dear Attorney Grace:
The application of Raymond S. Holcombe and Warren E. Howland to the South
Windsor Zoning Board of Appeals reuqesting the following variances: (1)
to Section 4.9.4.2.a of the Zoning Regulations to allow a building closer to
the street than allowed by frontage requirements; (2) to Section 4.9.4.4.a
of the Zoning Regulations to allow for less than the required parking spaces
for a Restircted Office Zone; and (3) to Section 4.3 of the Zoning Regulations
to allow parking ror .a Restricted Office Zone in an A-20 Zone, and access
through an A-20 Zone for a Restricted Office use, on property located between
Ayers Road, Sullivan Avenue and Graham Road, South Windsor (A-20 Zone), have
been granted.
In granting these three variances, the Board noted the unusual configuration
of the site. and the improved traffic flow which will result from the access
on Ayers Road. The Board also noted that construction on this property is
subject to site plan approval by the Planning and Zoning Commission.
This action is effective January 18,. 1985, and upon your filing the enclosed
form in the Town Clerk's Office.
Very truly yours,
wW i/YL ccal
Thomas Murrin, Chairman
Zoning Board of Appeals
TM/src
encl.
®roj_
3540 SULLIVAN AVENUE SOUTH WINDSOR. CONN.06074
AREA CODE 203/644-25U
May .10, 192
� RTIFI D'MAIL
Require
-
;. William E._Grace sq ...
25 Oakland Road '
South Windsor, T o607
Dear Attorney -Grace:
_The application of Raymond S- iiolcombe .°and Warren E. Howland
a for a variance io :Section 4�-3.1 'of the Zoning Regulations to
811ow financial. and banking offices and/or corporate offices
on premises located at the intersectionof Graham Road and '-:
°Sullivan Avenue, South Windsor, 'A-20 Zone, . has been granted,
subject to the following:
1. Public access 'to the property 'will not be .allowed from
Sullivan Avenue
r
2. All requirements o:f the Restricted Office IRO) =zone
shall :be complied .with, except the required -two-acre
minimum 'lot size.
3. A .site plan: of ;devel0 ent. hall be submitted to and
pon
a approved.by. the Planning and Zoning Commission.
' In approving this appeal, the Board agreed that the parcel
is not .;suited 'for residential use, and a .Restricted Office
.use would allow the property 'to be utilized.!for.. ts highest
and best use.
This action is effective May 19 1982, and upon your filing
of the enclose+d# *"cuted form in 'the Office of the Town.
Clerk of the 'Town_ of South Windsor.
Very truly yrours, JJ
Richard H. "Eriksson, Chairman
Zoning Board of Appeals
Mm/arc
encl. ,
cot Planning and `Zoning :Commission
1 ,r
1
March 26, 1985
TO WHOM IT MAY CONCERN:
Re: Application of Raymond S. Holcombe, et al
Site Plan - Property located between Ayers Road,
Sullivan Avenue and Graham Road
I hereby disqualify myself from acting on the above application
which has been filed with the South Windsor Planning & Zoning
Commission.
aAXNAK
Marshall Montana
IN
Planning and Zoning Commission -2- 1/19/82
Seven parking spaces are required and they show ten on the site plan. Try
access is adequate.
Mr. Page, Town Engineer, reported he has no problem with either applicatio
The following persons spoke in favor of this application: Sherwood
Waldron of 863 Clark Street said it is a neat operation and in a good
,4 location; Mr. Ed Stebins of_ 17 Deerfield Lane said the area is conducive
to a wholesale/retail business; and Vince Prestilio stated the use is
separate from the main building and it is a well run operation.
No one spoke in opposition to this application.
Commissioner Evans questioned access to the operation through a parking sg
and Mr.Carney said most of the customers would be return customers and t
would learn the layout. Mrs. Evans asked about advertising and Mr. Alan
Gordon of County Distributors said there is no advertising in the newspap
media, but there will be a sign on top of the building saying it is a who
business.
Mrs. Montana said she felt people would tend to park in front of the build
Mr. Joel Gordon of County Distributors said there is ample space between
the front of the building and islands and he doesn't feel there will be a :
jam-up at the island. Mrs. Montana then asked what they sold, and was tol
they sell both fresh and frozen poultry, and other products such as
"Steakums", hot dogs, salami, eggs. They carry about 800 different produc
Mrs. Evans asked if the primary use was still repackaging poultry, and was
told it was.
Mr. Hallowell asked whether he was correct that ads have been on WTIC,
on the Bob Steele program in the morning, and was told that they do
advertise in the Spring through Summer, but it is to sell wholesale to
large groups for barbecues, cookouts, etc. Mr. Hallowell asked if they
advertised for retail sales and was told they didn't.
Mr. Hallowell then asked whether they felt that any industrial use, such
as a tire business, should be permitted to sell retail. Mr. Gordon said
that this is an on-going business and the dock is icy and slippery and
they felt this would relieve the congestion and confusion in the main plant
Mr. Hallowell noted that there is a zone in Town that permits retail sales
2. Application of Ravmond S. Holcombe and Warren E. Howland for an amend
to Sections 5.2 and 4.9.4.1 to reduce the area requirement for a
Restricted Office Zone from 2 acres to 40,000 square feet .
Application of Raymond S. Holcombe and Warren E. Howland, for a zone ;
change from A-20 to RO for a parcel of land located at the intersection
of Graham Road, Sullivan Avenue and Ayers Road consisting of 1.2 acres
Attorney William Grace of 25 Oakland Road appeared on behalf of the appI'
in the above matters, and asked the Chairperson if he could present both
applications simultaneously and was told yes.
Planning and Zoning Commission -3- 1/19/82
Mr. Grace said the first application is to lower the size of an RO zone.
from two acres to 403,000 sq. ft:, and it is the intent of the applicant
to use the lower requirement for the zone change application for the
parcel located at the intersection of Graham, Sullivan and Ayers.
Mr. Grace said the RO zone is extremely- controlled and only permits
two or three uses. Only two areas in Town are zoned RO: The first
S
is on Route 5 and is still waiting for that massive insurance company
development that everybody thought was coming to Town, and the second
r` is on Sullivan Avenue where the Westgate Professional Offices have
recently been constructed by Dick Kelly.
Mr. Grace said he can't think of any reason for the two acre limit, and
this zone gives the Commission tremendous control since it knows what can
be built in this zone. All the other requirements concerning buffers,
sideyards, etc. would remain the same. '
r` Mr. Grace said he could see no harm whatsoever in changing the required
lot size to 40,000 sq. ft. and that he's not only making a pitch for this
applicant. but for others as well.
Referring to the second application concerning the property at the intersection
of Ayers, Sullivan and Graham, Mr. Grace said Holcombe and Howland bought I
this property in 1964 and they get enough rent to pay their taxes. If the
zone is changed the Commission will have the opportunity to review a site plan
for either hopefully, a bank, or small office building. He noted that -in
the existing A-20 zone it would be difficult to put two houses here.
A great deal of work would have to be done on the site plan, and they probably
would not exit to Sullivan; possibly to Graham, but they would like to
look into Ayers Road. At one time there was a promise of a right-of-way
to Ayers Road but nothing can be found in the Town records.
` Mr. Emil Lucek, the engineer for this project, pointed out on a map
the actual site a building could be constructed on. They are assuming a
building could front on Graham Road, and there would be a 50' setback on
Graham and Sullivan, and a 25 setback on Ayers. A building would provide
about 5,000 sq. ft. of area on two stories. Mr. Lucek said they will pursue
an access onto Ayers.
Referring to Section 11.2.3.e, Mr. Lucek stated the site goes down towards
the Seven-Eleven and Wapping Center and there is drainage on Ayers & Sullivan.
Graham Road has drainage at the intersection with. Sullivan. There is no
dan ger of flooding on this site. There are no wetlands on the site, and
sanitary sewers and public water are available.
Regarding traffic: Graham is 22' -in width and is an older road that has not
been significantly improved but it does provide two lanes. Ayers is 30'
wide and meets present Town standards. Sullivan Avenue is about 24' wide
and has two lanes going south up to Ayers Road. Mr. Lucek said he feels
t the roads are adequate.
Planning and Zoning Commission -4- 1/19/82.
I
Attorney Grace said that he does not feel people in this area would.
be adversely affected and in some cases property values would be enhanced.'
He noted that they spoke to people who lived in the area, and same
j commented that anything would be better than what's there now. They spoke
with people as far away as Hillsdale.
Mr. Page, Town Engineer, said the Town moved Ayers Road approximately
100' to the west. Mr. Holcombe spoke with him several years ago, and they
could find nothing in'the way of a commitment by the Town for access to
Ayers Road. Mr. Page said he would like to go on record that if legal
problems could be ironed out Ayers Road would be better than Graham-
Road for an exit. He said is is strongly against Sullivan Avenue.
Mr. Page said drainage on Ayers Road goes to a dry well and will have to be
handled very carefully, and the State would not allow the Town 'to go into
their system when"Ayers Road was reconstructed.
Mr. Page concluded that he has no objection to either the amendment or
this zone change.
Mr. DeMallie, Director of Planning, stated that he has no objections to
reducing the lot size to 40,000 sq. ft. z
Sullivan Avenue has 1200 trips per day. Queuing does occur on Graham
Road for traffic heading south at it's intersection with Sullivan.
The proposed type of use would usually generate approximately 23 trips
per day for each thousand square feet. Mr. DeMallie noted that the site
appears to be better suited for uses other than houses, and a site plan
would have to be developed carefully. He added that traffic is important
and Sullivan Avenue should not be disrupted.
Speaking in favor of the application were John Mitchell of 110 Brookfield
Street, who stated he was an adjacent property owner and has an interest
in 25 acres to the north of this site. Perhaps 50 years -ago it was desirab
to put homes on that property, but with 1200 cars per day on Sullivan Aven
now, Mr.-Mitchell said he felt a responsible zone change for this parcel
is in order.
Also speaking in favor was Mr.Ernie Hentz, 62 Sunset Terrace, who stated he
has a business on Sullivan Avenue in the shopping center, and that a
modern office building would enhance this area.
Speaking in opposition was Stanley Preneta of 6 Graham Road, who stated
an office building will bring additional noise,- light, traffic and fumes.
He noted that there has been no trouble in getting anyone to rent the
house on this site, and that even if an insurance company was going in he '
would be opposed. Mr. Preneta also said the property should be donated
to the Town since it's used as a billboard during election time anyway.
u.1 y
Planning & Zoning Commission -5- 1/19/82
i
Commissioner Sorenson pointed out that the RO zone permits "financial
offices" and the RC zone permits "financial institutions" and questioned
whether "financial offices" would include banks. Mr. DeMallie said
the Commission could interpret this anyway they like.
Mr. Conde said that apparently access to Ayers is out, and what will they
do. Mr. Grace said that across the street on Ayers is an exit for a
temporary gravel removal operation and there was no problem in obtaining
that. He said he would ask the Town for an easement.
Mr. Conde then noted that it appears the biggest problem with the previous
applications for a zone chance on this parcel was traffic. Mr. Grace noted
that previous applications asked for a change to GC, which would have
permitted uses such as gas stations which would have generated a great deal
of traffic. .
Commissioner Hallowell said with the surrounding zones this could be considered
"spot" zoning, and Mr. Grace said he felt this RO zone would be an effective
buffer. The area across Sullivan Avenue is zoned General Commercial, and
the areas to the north and east are A-20.
i
Mr. Grace said that eventually Sullivan Avenue will develop commercially
on one side, and the other side is ideal for use as an RO zone which would
be a buffer between the commercial and residential zones.
<` Mr. Hallowell pursued the matter and said this was spot zoning and Mr.Grace
;M said that in his opinion spot zoning went out 40 years ago, and the preamble
to the zoning regulations stated that that zoning was for the purpose
of promoting general welfare, etc. and it's up to the Commission to determine
if this change of zone is good for the neighborhood.
Mr. Hallowell then asked how the Plan of Development addresses an RO zone
in this area, and Mr. Grace noted that the Plan is a guide, and says the
area is suitable for two houses, and the Commission can over-ride it,
and this is a case where it could be done.
Mr. Grace noted a comment had been made about the Town buying this land,
and said the Town is not in the business of buying land, and already appears
to have more than it knows what to do with.
Mrs. Montana said a 5,000 sq. ft. building called for 31 parking spaces
and asked whether they could fit on this small parcel. Mr. Grace said they haven't
gone that far yet, but would go back to the people in the neighborhood
so they could approve of what is being done.
Mrs. Evans wondered if there ever was access to Ayers on this parcel and
Mr. Grace said he can't find evidence there was. Mrs. Evans then asked
how the property to the north (Mitchell's property) was going to be developed.
Mr. DeMallie said at one time there was talk of single family residences,
but right now they have a lot of gravel removal to take care of first, and
in his opinion he feels single family dwellings are unlikely.
Mr. Mitchell stated that they do not know what they intend to do with this
site, and added he was pact of a meeting earlier and consideration is being
given to putting in sidewalks due to the fact that kids are constantly walking
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Planning & Zoning Commission -6- 1/19/82
i$
down Ayers to Sullivan Avenue to get to the Dairy Queen.
s
Mr. Philip Braender said that the current owner perhaps should consider a 9Y
purchasing the Town owned land so they will have access to Ayers.
Mrs. Montana noted that the site size would then be increased permitting
a larger building and more parking and traffic.
Mr. Mainelli said that access to Sullivan is impossible, and access to
Graham or Ayers difficult. He noted that at one time there had been t
talk about making Graham one-way. Mr. Grace said there was a lot of
Opposition to it. Mr. Grace then said he should clarify the fact that
originally there was access to Ayers, and it was lost when the road was
moved.
SPECIAL MEETING
1. T_& M Building Co - Country View Estates
Mrs. Graney informed the Commission that Mr. Gay had been one of the
Commissioners originally making the motion to approve this subdivision.
The map showing the open space area was now ready to be filed in the
Town Clerk's office and a new motion was needed to approve the map.
Mrs. Sorosiak moved that the map be approved and signed, and all the
conditions of the previous approval dated April 30, 1981, be adhered to.
Mr. Sorenson seconded the motion. It was unanimously voted in favor and
so ordered.
2. Application of Carol Sheridan for a Special Exception to Section 4.2.
Mr. Hallowell said this is the third time this application has either bee
withdrawn or a public hearing postponed, and it is not fair to the neighb
Mrs. Evans said she is concerned that the Commission's orders and/or regu
are being ignored.
Mrs. Montana said a letter from the applicant's attorney had been receive
granting the Commission a 65 day extension of time in which to hold the
public hearing.
After further discussion Mr. Sorenson moved that the Commission accept th
65 day extension. The extension is from January 28 to April 3rd. Mr. Co
seconded the motion.
Commissioners Sorosiak, Montana, Conde, Sorenson and Morrison voted in fa
and Commissioner Hallowell was opposed. The motion was duly carried and
ordered.
The Secretary was instructed to collect an additional $25. application fee
since the matter must be re-advertised .
lJ ti •
Planning and Zoning Commission -5- Z3/2/82
t-
Board of Registration for Professional Engineers and Land Surveyors, and
must be stamped and signed by a Registered Land Surveyor and submitted
on black and transparent polyester film. This zone change will be
effective the date the mylar is filed in the Town Clerk's Office.
Mr. Norman seconded the motion. it was unanimously voted in favor and so
ordered.
4. Holcombe,Howland - Amendment to Zoning Regulations, Sec. 5.2- and 4.9.4.1
Holcombe,Howland - Zone Change, A-20 to RO, Avers, Graham & Sullivan
s, Mr. DeMallie reviewed the surrounding areas on the zoning map at Mr. Hallowell's
request. The area to the north, he said, was owned by the Town, and beyond
that was the Mitchell site which is now being excavated. That parcel is zoned
A-20 right now but could be changed and there is no definite plan for its
development at the moment. Across the road on. Sullivan it's zoned GC , and
the remaining land around this site is also A-20. Mr. DeMallie said he didn't
think it likely the Commission would change any of the smaller lots to RO.
Mrs. Montana said they could alway apply to the Zoning Board of Appeals and
` Mr. Hallowell noted there are already two doctor's offices down on Sullivan
Avenue near the Town Hall. Mr. DeMallie noted that that use is permitted in
this zone .
Mr. Hallowell said he has no objection to a 40,000 sq. ft. parcel if it is
part of a larger RO zone, but said he doesn't think this area should be
changed one house at a time. He said if this parcel is changed it will be
the only RO zone in the area.
Mrs. Montana recalled that five years ago the Commission wouldn't permit
a commercial use on this parcel and now they are back asking for a more
restricted use. Mr. Hallowell said the parcel across the street is larger
and the owners could come in and ask for an RO zone also. Mr. DeMallie
noted that the Commission can deny zone change requests if they wish without
stating a reason, and could deny other applications. Mrs. Montana said this
` particular piece of land is becoming more and more unsightly.
Mrs. Evans noted that every piece of land in Town does not have to be used productively.
Theoretically, she said, the best use for this parcel of land would be for the Town
to buy it or the owner to donate it to the Town for use as open space.
Mr. DeMallie noted that the proposed use is the best commercial use you could
have compared to other commercial uses.
Mr. Conde commented that he thinks this parcel doesn't lend itself to any use
whatsoever and that he feels approving this would be setting a precedent.
Mr. Hallowell said the applicant could probably go to the ZBA if he wished,
and Mrs. Montana wondered if there was any way the applicant could be granted
rcel.
some sort of special permit for this particular pa
Planning and Zoning Commission -6- 3/2/82
Mr. Conde then made a motion to deny the application for an amendment to
the Zoning Regulations to reduce the area requirement for a Restricted
Office Zone from two acres to 40,000 sq. ft.
Mr. Sorenson seconded the motion, and it was unanimously voted in favor
and so ordered.
Mr. Conde then moved that the application for a zone change from A-20
to RO for 1.2 acres located at the intersection of Graham Road,
Sullivan Avenue and Ayers Road be denied.
Mr. Sorenson seconded the motion. It was unanimously voted in favor and
so ordered.
REPORT OF DIRECTOR OF PLANNING
Mr. DeMallie asked the Commission how they would like to proceed concerning f
the Industrial Park regulations and buffering regulations he is drawing up.
He questioned whether the Commission would like to have a work session to
discuss this, or whether he should prepare- the regulations first and have
them reviewed by the Commission before discussion.
It was agreed that he would prepare the regulations and submit them to the
Commissioners by March 30th, and a work session would be schedule after the
Commission has had a chance to read them,
Mr. Conde asked the status of the Zoning Regulations which were to be edited and
retyped, and Mr. DeMallie said he is through with the editing and they were
in the process of being re-typed. He questioned whether a public hearing was
necessary, and after a brief discussion it was agreed that a public hearing should'
be held, since there are some minor changes.
OTHER BUSINESS
The secretary was instructed to arrange for a representative of the Connecticut
Home Builders Association to address the Commission concerning current housing
trends.
Mrs. -Evans moved that membership dues through March 31, 1983, in the amount of
$70.00 be paid to the Connecticut Federation of Planning & Zoning Agencies.
Mr. Norman seconded the motion. It was unanimously voted and so ordered:
Mr. Conde noted that very little has been received from the Connecticut Federation-
of Planning and Zoning Agencies, and the Secretary was instructed to follow up
with them to be certain they are forwarding material to the proper address.
Respectfu 1y submitted,
APPROVED: '
By: '
Vi ini S. Gra y, Recording Se etaxY
s
ing Board of Appeals
- 6, 1982
th Windsor Town Hall
0 P.M. -
-�ENT: Richard Erikssnn , Ed -Steben, Bob Warren, Jeanne
Spencer (for Murrin) , Barbara_Murray (present for
# 1465-82,. #1468-82, #1469-82)
Eriksson explained that Mrs. Murray was going to be late .
approval of a variance requires four affirmative
e`�said apP 9.
es and a temporary and conditional permit, three . He
ve each applicant- the option of having the four members
resent hear the appeal or of waiting until Mrs. Murray
rived.
lication 146 -82 - James W. and Donna J. DeWitt
DeWitt appeared .before the Board and requested a two-year
enewal of a temporary and conditional permit for an apartment
the basement of his home located at 2814 Ellington Road.
he apartment is used for his mother. He stated that nothing
ad changed since the permit was granted two years ago . and
all conditions would remain the same .
t was noted for the record that no one in the audiernae spoke
in favor or in opposition to this application.
Application #1465-82 - Raymond S. Holcombe and Warren E. Howland
attorney William Grace stated to the Board that they would prefer
"passing until the five-member Board was present.
Application #1466-82 - Salvatore Cicero
Cicero appeared before the Board and stated that he wishes
- to construct a new garage . There is presently a carport on
the property, The house needs to be enlarged also because
of a growing family. The entire addition is 30 feet and a
4 tto 5 foot side yard variance is required. Mr. Cicero stated
he would be doing the work himself. He .said the neighbor
next door had said nothing in objection.
It was noted for the record that no one spoke in favor of or
in opposition to this application.
:F Mrs. Murray arrived at this point of the meeting.
Application #1465-82 - Raymond S. Holcombe and Warren E. Howland
Y•.
� = Attorney William E. Grace appeared before the Board representing
" this application. He described the location of the property
which was purchased by the applicants 18 or 19 years ago .
He said when this property was purchased it had frontage on
Ayers Road, but the town relocated Ayers Road which took away
the frontage from this property. Now there is town land
between this property and Ayers Road. He stated that in the
past they have requested a zone change to General Commercial
(GC) and Restricted Commercial (RC)-, but both have been denied:
by the Planning and Zoning Commission. Recently they asked
PZC to change the requirement of';a two-acre minimum lot size
in the Restricted Office (RO) zone so this one-acre parcel
would be in compliance for this use. However, the Planning
and Zoning Commission was reluctant to do this because of the
impact it would have on other locations around town. t
Mr. Grace said that the property. is presently zoned A-20 and
they could construct two residential houses on this property;
however, the parcel is not suitable for this use because of
the heavy traffic and surrounding commercial area. He described`
the house that is on the premises which is unsightly and needs
work, but doesn't have much rent potential in this area. He
said they are now asking for a variance to allow a bank or
other small office on this property. He noted that an A-20
zone allows for home occupations, so -what they are asking for
complies with an A-20 zone without the residential dwelling.•
He said any approval by the Board of Appeals would require
site plan approval from Planning and Zoning Commission, and
if a variance were granted, they would comply with all of
the restrictions of a RO Zone for a restricted business use..
Mr. Emil Lucek, Engineer --submitted a proposed site plan and
described the site. He said all public utilities were
available and the drainage is good. He said access would be
either from Ayers Road or Graham Road; there would be no access
or exit from Sullivan Avenue.
Mr. Grace said this property is unique; it is zoned residential,
but is not suited for that use: He said the property values in
the area would be enhanced if this property were improved.
He said that the owners need some relief; otherwise, their land °*:z
is worthless.
No one in the audience spoke in favor of this application;
however, Mr. Howland. and Mr. Holcombe were present.
Mr. Stan Preneta, 6 Graham Road, spoke in opposition to this
appeal because it would bring additional traffic and noise
into the area. 1
Mr. Warren asked about the traffic that would be generated from 1r
a banking-type operation. Mr. Grace said it was difficult to
give exact figures; however, he felt it would 'be less than a
professional office Use.
F'Y
Access across the town property was discussed. Mr. Grace said
they were working on this; however, at the present time he
could not say that the town would give this right-of-way. He
said the applicants would prefer exiting on Ayers Road if the
town would agree, and under no circumstances would they
consider exiting onto Sullivan Avenue.
Mr. Eriksson asked Mr. Preneta the location of his house and
if other neighbors in the area were also concerned. Mr. Preneta
replied that the other neighbors in the area were interested
but had become discouraged because something else was allowed
down the street.
Application #14.67=82 - Robert Cipolla
Mr. Cipolla appeared.before the Board requesting permission to
construct a 3' x 11' greenhouse off his porch. He stated that
a letter from the next door neighbor, stating he had no
objection to this construction, was submitted with the application.
He said the greenhouse was not a commercial- enterprise, but just
for his family' s use. He said he needs a three-foot variance,
and his next door neighbor- is 250 feet away.
It was noted for the record that no one in the audience spoke
in favor of"or in opposition to this appeal.
Mr. Eriksson asked why the greenhouse was located in this
particular spot. Mr. Cipolla said it was because of the
southern exposure which the greenhouse needs. Also, they
expect to solar heat an unheated porch.
Application #14.68-82 - Darrel Chaloult & Joel Cyr
Mr. Emil Lucek, Engineer, and Mr. Darrel Chaloult appeared .
before the Board. Mr. Lucek said this application is in two
parts: a variance for a free-standing sign and- approval of
the location for operation of a used -car sales and repair
facility, as required under State Statutes.
'4
Mr. Lucek said the sign has to be larger than the regulations
-
require because it would have to be 75-feet from the road.
He said precedent has clearly been set along Route #5 with
other businesses due to the width of the road. He said the
new building would be 14, 000 square feet in area and would
contain the used-car sales operation and their truck-leasing
business. Additionally; about 4,000 square feet would be
available for lease . Therefore, this sign would have to
advertise' three businesses. The sign would have 4.8 square
feet of surface area and would be illuminated by four
fluorescent tubes which would not glare on the highway.
Mr. Lucek submitted a site plan showing the location of this
building. He said Mr. Chaloult and Cyr already have a
dealer' s license at another location in town. He said there
would be no gas sold at this site and no repair business.
z The State requires this repairer' s license in order to sell
used cars.
Mr. Chaloult said they sell 10-15 used care per month and
have an average of 10 on the lot at any one time. _ The truck
leasing business is their primary business.
It was noted for the record that no one in the audience spoke
in favor of or in opposition to this request.
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1540 SULLIVAN AVENUE • SOUTH WINDSOR.CONN 06074 ` .
Np •��a� AREA CODE 203/644-25U
{ .may,a0, 2982
::;CERTIFIED MAIL _
William E. Grace, Esquire
y4 �5 Oakland Road
South Windsor,_ T o607 -' - -
u
Dear Attorney Grace s fA
: -The application>-of Raymond S. Holcombe and Warren E. Howland
for a variance to `Section 4.3.1 •of _the 'Zoning Regulations to
,allow financial.- and banking 'offices and/or corporate .offices 3
premises located at the intersection .of;Graham =Road and ,
..Sullivan Avenue, `So•uth Windsor, `A-20 Zones -has been granted,
'subject to the following: '
1. Public access `to the property-will not-be -allowed from
Sullivan Avenue.
2. All requirements of the Restricted-Office (RO) ~gone
shall be complied .with, except the required two acre
minimum lot size.
3. A :site. plan: of ..develop�ent..shall be :submitted ;to and
approved by. the Planning and Zoning Commission.
-` - In. 'approv3ng this .appeal, the hoard agreed that the parcel
> ;
` is not.;suited•-for residential.use, and a Restricted Office = -
w s use would allow the property to be utilized for its highest
---and best use. _
-x
_. This aption 3u :effective :May M :1982, and..upon your filing
.. of the'"encloaed, `*xecuted form in the. Office of the Town
r Clerk of :the loam of South Windsor. '
k Very.,
-trulytours,
Richard H. --Eriksson, Chairman
Zoning Board of Appeals
encl•
cot :..Planning .and Zoning .Commission
F
1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
°soe cow v` AREA COOS 203/644-2511
March 1, 1983
Mayor Edward F. Havens
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Ct.
Dear Mayor Havens :
Re: Ayers Road Parcels
As portrayed on the attached map, Property No. 35 of the Town Owned
Land Inventory consists of three parcels. The first, located on the
north side of Ayers Road at Sullivan Avenue, contains .3 acres. The
second and third parcels contain .8 and .6 acres, respectively.
The Public Facilities Task Force has reviewed these parcels, and
recommends the divestiture of the .8 and .3 acre pieces ; and if advisable,
the .6 acre piece with proper utility easements. All three parcels should
be sold-with a conservation easement -to ensure that they are attractively
maintained in an open landscaped appearance. This is particularly crucial
in regard to their highly visible location.
We strongly recommend that the Town Council move to implement this
divestiture as soon as practicable.
Sincerely,
3acaieline Smith/v4 John Mitchell
Deputy Mayor & Co-Chair. Councilman & Co-Chair.
cc: Richard J. Sartor, Town Manager
Peter R. DeMallie, Director of Planning
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WORK 5h551un
MARCH 14, 198�
TOWN COUNCIL MONDAY,
}
Councilman Mitchell said there should be a better use for it than
cold storage.
Mr. Sartor said he feels it could be much more attractive and become are
asset to the community. He said he will look into the cost of renovation'.;
A long-term lease to an organization could also be considered.
2. Ayers Road Parcel
Councilman Mitchell indicated that due to the fact that he is trustee
that is connecting the area in question, he will
for a piece of property
refrain from discusssion of this item.
See EXHIBIT F
Deputy Mayor Smith indicated that this section is an eyesore. People
wish to develop adjacent property and require access through this
area. There are utility easements. The Task Force was concerned that the
roperty be maintained in an attractive manner. They would like it to
be developed and recommend that it be sold. Tw
ave o parties expressed
interest, one or the piece on each side of Ayers Road.
Mr. Warren Howland said they (he and Ray Holcomb) would like to make the
corner more attractive with a building. They submitted a plan 17 years
ago. They have people interested in the property. They would like to
assume the responsibility of maintaining the park and keeping Wilittoyr�active
as well as build a building the Town would be proud of. They
the building and lease it.
Councilman Tarr questioned the size of the building. „ `.
Mr. Howland said 6-8,000 square feet. 7k-
0 Councilman Nicholson questioned the zoning.Mr. DeMallie said two zone chanes have been requested,both were denie
A use variance was granted about a year ago. One consideration is that 4
it would be more desireable from a traffic safety standpoint for the
entrance to be on Ayers Road because of line of site problems. The only
way this can be accomplished is to go through the piece of property in
question. He said access to Ayers Road is important.
peputy Mayor Smith indicated that the Task
ested a
Conservation Easement e attached to the sale so that it could be assured
that the property will be maintained.
Councilman Nicholson questioned the value of the property.
Mr. Sartor said each of the parcels are worth less than $25,000. They
could be sold after a Public Hearing is held.
Mr. DeMallie said the total land area is 1.7 acres.
Mr. Sartor said the land is not required for any use by the Town.
Councilman Nicholson questioned about the relocation of Sullivan Avenue. AJ
Mr. Sartor said no proposal for the relocation has been made. j
Councilman Champagne said sell it and put it on the tax rolls• we re u " i
Mayor Hay said what if we'sell it and noeyroblem withdsellin it but
1 s �..
ert
There P ,
them to keep up the property? .
i hl
vis able.
must be maintained because it is g Y
Attorney Gerlt said the easement allows the Town to enter and insure t
` =
that the terms of the easement are met. .
WORK SESSION MONDAY, MARCH 14, 1983 if
TOWN COUNCIL
Mayor Havens said if there is some way we can insure that it is maintained,
he has no problem with selling it.
Mr. Sartor said the conservation easement would allow it to be maintained
by the own unti it is developed.
Councilman Nicholson asked if development of the office building hinges
on acquiring this piece of property.
Mr. Holcomb said that the piece they are interested in acquiring will
not be built on. A parking lot could be put there but due to the
easements there would be too many restrictions to enable a building.
Councilman Nicholson suggested that adding this piece to the whole would
enhance the location and the total value of the lot. He said the
impact on the entire piece must be considered. It would greatly enhance
it as a complete parcel.
Mr. Howland said they will only have access, maintain and pay taxes on
this piece.
Mr. Sartor said it is not. a totally buildable parcel because of the ease-
ments.
Mr. Howland said that when Ayers Road was relocated they were promised
(although it is not in writing) access to Ayers Road. The Town took
away the frontage on their property.
Councilman Nicholson questioned how wide Ayes Road is. Mr.. DeMallie said
50 feet. Councilman Nicholson asked if sidewalks would be required.
Mr. DeMallie said it could be a requirement.
Mr. Sartor said from the Town's perspective, he has no recommendation for
the use of this piece of land. The less property-the Parks Department has
to maintain the better. The Town coul easily do without this land.
Attorney Gerit asked why they are shown as two pieces.
Mr. Sartor said it lends itself to two pieces.
Attorney Gerlt said if they are two parcels, they may be sold separately.
Mr. DeMallie said they are called parcel 35.
Mayor Havens asked what the procedure is to sell it.
Attorney Gerlt said determine whether you want to see and then get
answers to any questions you have.
Mr. Holcomb said it is their intention to maintain it. It makes no sense
for them to go through this and not keep it up.
Attorney Gelrt said he and the Town Manager will get together and
determine what procedures must be followed to sell this parcel or parcels.
7. Adjournment
Councilman Champagne moved to adjourn the Work Session at 10:05 p.m. , seconded
s ,
by Deputy Mayor Smith and voted unanimously.
Eileen G. Jalet
s Clerk of the Counci
�. APPROVED:
T ::z
WORK SESSION
TOWN COUNCIL MONDAY, JANUARY 23, 1984
c. Sale of Ayers Road Property - Ray Holcombe et al
Mr. William Grace, Attorney for Ray Holcombe said the parcel owned by
his client is approved for restricted office by ZBA. The plan was to put
the building in the corner with an exit on Ayers Road. They are
agreeable to the conservation easement and would do nothing to create
visibility problems. The lard was purchase in 1961 . He said their
original offer for the piece in question was $15,000. With the work
involved, they would like to stay with that amount of money.
Mayor Mitchell said he is in favor of divestiture with the proper
conservation easements.
Councilwoman Smith questioned how the $18,700 figure was reached.
Attorney Rittenband said it was done by the appraiser. The purpose of the
higher figure was based on an abandonment of the road and the assumption
the purchaser would be able to build on it. If you are going to have the
conservation easement and restriction on building this lowers the value of the
land.
Councilwoaan smith said that piece of property on the corner is almost
valueless without this piece of property.
Mr. Sartor said the valuation had to take into account the value of the
piece in question, not in relationship to the other. It is our opinion
generally that with the abandonment, utility easements, no building
rights on the front parcels, the lower figure would be appropriate
because in effect they would not be getting buildable land.
Attorney Rittenband said that figure of $18,700 is the value to any and
all who want to buy it.
Mr. Belleville said he looked at it on .the basis of current zoning. it
is not suited for residential development. There was nothing to indicate
it could be rezoned for other use. He made an assumption based on the
location, etc.
Councilman Nicholson said that parcel is unique in that What it is worth
as a portion of that triaggle is not what it is worth as part of the triangle.
Its aquisition creates a more valuable piece of property. He said he is not
certain how to move to determine exactly what it is worth as a whole. The
size of the property and access to Ayers Road is critical to development of
the parcel.
Mr. Grace said its only value to us is as an access to Ayers Road. We can go
to Graham Road. Going out Ayers is a more logical approach. We know there
will be restrictions on its use.
Mayor Mitchell said what you are saying is it does not enhance the parcel
from a building standpoint.
Mr. Grace said we know we will be restricted greatly but would like the
ability to put some parking there. He said they think when the Town took
that land there was supbosed to be an agreement that the piece would
never bee landlocked from Avers Road. wE could never find anything in writing.
By taking that land they destroyed the access.
�IORK SESSION
TN COUNCIL MONDAY, JANUARY 23, 1984
n Coucilman Havens whether the sale had to be offered on the open market.
Mayer Mitchell said the process would be to put it on an agenda for sale and
abandonment of the road.
Attorney Rittenband said assuming you agree, you are going to sell it for
$18,700 to Mr. Holcombe you would authorize the Town. Manager to enter into an
agreement with conditions. You would hold a public hearing to abandon the
road. After the hearinv you would state the road is no longer of common
convenience and take formal action to sell it.
Attorney Rittenband said as far as the open listing he would have to look
more closely at the Town Charter to determine that.
A discussion ensued regarding abandonment of the road.
Attorney Rittenband said if the road is abandoned but the restrictions are
imposed the land has very little value.
Mr. Belleville said once you remove the right to build from a residential zone,
you are talking about a significant drop in value.
Councilman Havens said as long it is done using the proper procedure he has
no problem with the sale.
Mr. BElleville noted that is the building is built as planned, it will have
an overall effect of increasing the value of the property. He said he cannot
as an appraiser assume that until it hapens.
Mr. Grace said it is their intent to build on the parcel. If the easement
is reasonable and allow a possible encroachment for parking they have
every intention of building as planned. He suggested that the parcel is not
of particular value to the Town.
Mr. Sartor said we have a minimum acceptable sale price of $18,700. For
the rights we are conveying, $18,700 is reasonable.
Mr. Grace said they stand ready to buy it. We have told you what we want to
do with it. We received ZBA approval in 1982. We want to develop there and
do something nice with it. If how you wish to work it out is reasonable, I
think we can work it out.
Mayor Mitchell asked if he has a concensu to go ahead. With the exception
of Councilman Nicholson and Councilwoman Sorenson the concesus was to go ahead
with the sale.
Mr. Sartor indicated he would prepare a resolution for Council consideration.
d. Town_ Attorney Compensation
Deputy Mayor Ryan handed out copies of a draft for Town Attorney Compensation
and Guidelines. He suggested the present agreement fives us little control.
The Town. Attorney advises us usually after the fact. This makes it difficult
to budget and difficult for the ATtorney to Plan funding. This tends to
encourage litigation., not negotiation.
Deputy Mayor Ryan said it is suggested that the agreement cover all Town
I
Agencies with exceptions as appropriate. This will give the Town Council an
REGULAR MEETING
TOWN COUNCIL MONDAY, rEBRUARY 6, 1984
Councilman Pitts called for a vote on the amendment to the Resolution.
The amendment to the Resolution did not carry in a Roll Call Vote as
follows: 3-4-2 "
Ayes Nayes Abstention
Councilman Brown Councilman Havens Mayor Mitchell
Councilman Nicholson Councilman O'Reilly Deputy Mayor Ryan
Councilwoman Smith Councilman Pitts
Councilwoman Sorenson
Councilman Pitts called for a vote on the original Resolution. The
Resolution was approved in a Roll CAll vote as follows 5-4
Ayes Abstentions
Councilman Brown Mayor Mitherll
Councilman Havens Deputy Mayor Ryan
Councilman O'Reilly Councilman Nicholson
Councilman Pitts Councilwoman Smith
Councilwoman Sorenson
d. Authorization to offer for and negotiate the sale of property owned by the
Town of South Windsor located between Ayers Road, Graham Road and Sullivan
Avenue
Councilman O'Reilly moved the following Resolution, seconded by Deputy Mayor
Ryan:
BE IT RESOLVED, that the Town Manager is authorized and directed to offer for
and negotiate the sale of the property owned by the Town of South Windsor
located between Ayers Road, Graham Road and Sullivan Avenue on the following
conditions:
1. The Town to retain a conservation or right of access easement to the
property to maintain_, at the election_ of the Town, said premises for
beautification, planting of trees, bushes and other similar purposes.
2. The deed of said premises from the Town to contain restrictions
prohibiting the building or erection of any structures or improvements
on the premises with the exception of a driveway across the premises
to Ayers Road and further prohibiting the parking or vehicles on -said
premises.
3. That the Town will abandon or discontinue the Ayers Road presently
across said premises.
4. The agreement of sale to be subject to the approval of the Town Council.
5. Sale will be subject to existing easements and utility 'lines.
Councilman Havens asked how the sale would be negotiated?
c�P ra c sed
Mr. Sartor said it would be put to public sale with the K+omond value as
a minimum.
Councilman Nicholson said he has a few probAfts with the Resolution. He
he indicated that Section 314 of the Chaster statics a referendum is required
on propertys in excess of $25,000 in value and a public hearing is required
on those less than $25000. He also noted it should be referred to the Planning
Commission under Section 8-24 of the Statutes.
Attorney Rittenband said this does not provide for the sale or conveyance but
enables it to be offered for sale. The terms are subject to Town Council
approval. The Town Manager will not sign any documents and prior to acting
on the sale there should be a public hearing. It can be referred to P & Z
REGULAR MEETING
1 TOWN COUNCIL MONDAY, FEBRUARY 6, 1984
as offers come in. It would have to be referred to P & Z because of the
discontinuance of Ayers Road. P & Z would have to have a public hearing
and after they approve or diapprove there would be a second public hearing
when the Council acts on their recommendation. At this point there is an
appraisal of $18,700 based on the circumstances set forth in this Resolution.
If offers were to come in in excess of $25,000, the council would have to
go to referendum. Something has to start it roiling.
Councilman Nicholson said he thinks the Charter has set um_ a mechanism
regarding the sale of property.
Mayor Mitchell said this piece was the subject of _much consideration by the
Public acilities Task Force which umnimousl recommended its sale. It
as no real purpose to the Town. We have gone through a process. Realistically
we are moving in a prudent manner.
Councilwoman Smith said we have to be careful of the intent of the Charter
and State Law. We are required by Charter to have a public hearing and to
go through the Planning Commission. This is the process we should use.
Mayor Mitchell said this is a high level of concern for a Road that was to
to all intent and purpose abandoned years ago.
Councilman Pitts said we have an intrepretation from the Town Attorney that
this is part of the process. We will have the public hearing. P & Z will
be notified to do a review. I think we need to go to the Public Hearing
with a price. I think we should move on this.
Deputy Mayor Ryan indicated his agreement with Councilman Pitts.
Mayor Mitchell asked the Town Attorney if the Council is in any way moving
in an improper manner?
Attorney Rittenband said it is not.
Councilman Havens indicated in light of Councilman Nicholsons objections he
cannot support the Resolution.
Mayor Mitchell called for a vote on the Resolution. The Resolution was
approved in a Roll Call vote as follows:
Aye s Nave s
Mayor Mitchell Councilman Havens
Deputy Mayor Ryan Councilman Nicholson
Councilman Brown Councilwoman Smith
Councilman O'Reilly
Councilman Pitts
Councilwoman Sorenson
e. Acceptance of Conservation Easement - McGrath Road
Councilman Brown moved the following Resolution, seconded by Deputy Mayor
Ryan and voted unanimously: 9-0
BE IT RESOLVED that the South Windsor Town Council approves the acceptance
of a "Conservation Easement" as shown on Resubdivision Plot Plan McGrath Road
Subdivision Prepared for I. r. Stich Associates, South Windsor, Connecticut: ,
certified as a Class A-2 Survey by John L. Heagle, L. S. , Megson & Heagle,
Civil Engineers & Land Surveyors, Glastonbury, Connecticut, Dated 7-12-82,
revised 10-22-82, which map is on file in the Town of South Windsor Land
Records.
f. Acceptance of Quit Claim Deed for portions of Windsorville Fba d, Griffin Road
and Rye Street
REGULAR MEETING
TOWN COUNCIL TUESDAY, FEBRUARY 21, 1984
Councilman Brown moved the following Resolution, seconded by Councilman
OTReilly and voted unanimously.
BE IT RESOLVED that the South Windsor Town Council hereby refers to the Planning_
Commission for a report, in accordance with Section 8-24 of the Connecticut
General statutes as amended, the following proposals:
1. To sell property owned by the Town located in the Town of South Windsor and
being more particularly bounded and described as follows: Westerly; by
Sullivan Avenue, Easterly; by Graham Road, Southerly; by land now or formerly
of Raymond S. Holcombe, Jr., and Warren E. Howland, and Northerly; by Ayers
Road (new location) , being the Ayers Road presently paved and being used by
the public for travel and, as extended, extending easterly across Graham Road
to Nevers Road.
Said premises to be sold shall include the Ayers Road (Old location) hereinaft
described in Paragraph 2, following abandonment thereof; said premises shall b-a
sold subject to existing public utilities, existing easements and utility lineE
Said sale will or may involve the extent and location of public utilities and
terminals, whether publicly or privately owned, for water, sewerage, light,
power, transit and other purposes.
2. To abandon and/or discontinue Ayers Road (Old Location) , being the Ayers
Road extending from Sullivan Avenue across the premises described in Paragraph
1 above to and ending at Graham Road; being the Ayers Road not presently used
by the public and being southerly of the Ayers Road described in Paragraph 1
above. Said abandonment and/or discontinuance will or may involve the extent
and location of public utilities and terminals, whether publicly or privately
owned, for water, sewerage, light, power, transit and other purposes..
Councilwoman Smith questioned the procedure to be used. She said she assumes
the sale of the property is on hold until we receive a report from P & Z..
She said as she understands it, it will go to P & Z and they will. make a
recommendation and then we will go ahead.
15. Passage of Ordinance (s) : None
16. Executive Session to Discuss Pending Claims and/or Litigation: None
17. Adjournment
Councilman Havens moved to ajourn the Regular Meeting at 8:37 p.m. ,
seconded by Councilman Pitts and voted unanimously.
Respectfully submitted,
Richard J. S for
Clerk of the Council
APPROVED:
egj
WORK SESSION
TOWN COUNCIL MONDAY, JUKE 11, 1984
d. Sale of Ayers Road Prooerty - Discussion re: "Asking" Price
Mr. Sartor said on March 21, 1984 P & Z indicated to him that the
recommend the sale of the aropermy and a andonment of the raod. They
suggested the council should take into consideration the f a077t- hiatt 7n
order to deve lop this parcel it must be attached to other lands.
Councilman Nicholson asked if the approval referred to any easement
requirements?
Councilwoman Smith noted the Council's approval places those conditions
on the sale of the property.
Attorney Ritterb_a_d said the Resolution does not specifically authorize
these conditions, it authorizes the Town Manager to offer it for sale.
When it was referred to P & Z the conditions were not referred to. The
Council dght want to change those conditions.
Councilwoman Smith asked who approved the planting?
Mr. DeMallie said a site plan of development will be submitted to P & Z.
Attorney Rittenband said eventually it will go to P & Z. The conservation
easement assures that all that property will remain vacant and be
maintained properly.
Councilwoman Smith asked if that forbids parking?
Attorney Rittenband said you can restrict parking.
Mayor Mitchell said the Public Facilities Task Force recommeniati on is to
sell all three parcels with a conservation easement to assure continuing
landscaped appearance. Any other questions would be within the purview of p & Z.
Councilwoman Sorenson suggested the question at hand is the asking price.
Councilwoman Smith said restrictions have an impact on the asking price.
Mr. Belleville said the price is $18,700 as of September 27, 1983.
Councilwoman Sorenson left at this point.
Mayor Mitchell noted we have r -non-buildable y here a _.4 acre parcel of non bui_aable land
to allow access.
Mr. Belleville noted it is a very unusual parcel.
Councilwoman Smith said did that price take into account the restrictions
placed by the Council.
Mr. Belleville said it included the restrictions of A-20 zoning and the
existing easements.
Mr. Sartor said we anticipate the asking price will be the appraised value.
he said he felt it was appropriate to ask the Council to consider the price.
Councilman Havens asked if another Resolution is required? He said he wants
to make sure we maintian the integrity of that area.
Mr. Sartor said any owner will be subject to the deed restrictions.
Attorney Rittenband said the Council is going to have to approve the sale.
A public hearing will be held and the Council will approve or disapprove it.
Mr. Sartor said the agreement of sale will be subject to approval by the
Town Council. The only purpose of this discussion is to determine if the
asking price is reasonable.
WORK SESSION
a TOWN COUNCIL MONDAY, JUTE 11, 1984
i Councilwoman Smith said this property is in effect only of value to the owner
of the abbuting property. :v'hether or not one can say it is wcrth. the
appraised value is difficult to determine. She said she would like to take
into consideration the fact that the abutting property will be greatly enhanced
by this property.
Councilman Nicholson said what troubles him is that the Council should not have
its head in the sand. He said if he were selling a piece of land that was
of great value to the abutting property owner, one that impacts the development
of the property, it would affect the asking price. He indicated he feels the
Council is not being fair to the public about the potential for development here.
He said he totally opposes the procedure being used here. That other parcel
can only be developed with this parcel a part of it.
Mr. BElleville said if that property goes to the abutting property owner it
wigl-1 greatly enhance the property. That has nothing to do with its current
value. That would be future value.
Councilman Nicholson said its market value should be maximized to the Town.
Councilman Pitts said as it is it does not generate any income to the Town.
Has anyone any suggestion regarding another price? ,
Councilwoman Smith said if it were my property and I were going to sell it
to someone who wanted it to greatly enhance his property, I would certainly
take that into consideration. Can't we. obtain that sort of assessment?
Mayor Mitchell said is that a fair recuest to ask for a determination of
a potential value when it is married to another parcel?
Mr. Belleville said you are asking an appraiser to make a fut;re assumption.
You can't do that until it becomes fact. The value of that property had to
be based on the current zoning. There is no question in my mind it is worth
more money to the abutting property owner. If you are looking f.or a 40-50%
difference, I strongly suggest you get an outside appraiser. I Nave no idea
what he would come up with.
Mayor Mitchell said this has the potential for something productive. It
can be returned to the tax roles. It open space appearance will- be retained.
M r. Belleville said the more restrictions you put on that piece of property
the more you decrease the potential value of the property.
Councilman Nicholson said the problem is we are not taking into account the
eventualities. We could offer the sale pending P & Z approval.
Councilman O'Reilly said your are talking speculative. How :much more value
could there be over the $18,700?
Attorney Rittenband said what we are talking about is what it is worth to the
abutting property owner. You must find out the maximum amount he is willing
to pay.
Councilman Nicholson said this Council could be criticized if we sold it to
the abutting property owner and he turned around and sold it for a considerable
profit.
Mr. Sartor said we have taken all the developable rights from that property
and by reasonable methods based on existing conditions have established the
value. That does not mean someone could purckhse it and sell- the two
pieces together. There appears to be one customer interested in the piece.
The public Facilities TAsk Force has recommended the sale of.:.the property.
The Council has determined that it should be sold. Do you wish to go ahead
or modify the price?
REGULAR FETING --- —��
V1YLl._, L 18, 1904
WHEREAS, South Windsor Town Council is cognizant of deteriorating roof
Y systems a- the following Public School facilities; Avery Street School, Eli
Terry Sccci, South Windsor High School and South Windsor High School -Annex,
and that se:d deterioration, if allowed to continue, could cause interrupt'
OIL the e..�zational process of the South Windsor Board of Education; and
WFE,REAS, South Windsor Town Council has developed a Capital Maintenance
ll
Plan that appropriates funding for projects such as this on an annual basis
and has ==eviously expended in excess of $200,000 for a roofing project at
the South Windsor High School as well as appropriating $199,000 in the
upcoming ;ear's budget for continuation of these roofing projects; and
WHEREAS, -he South Windsor Town Council recognizes the purpose of the State's
"School "castruetion Grants" program as a means of accomplishing these project
NOW,TIIE.� 114RE, BE IT RESOLVED that the South Windsor Town Council authorizes
the Town Manager to act as the established "Building Commission" for the
purpose of implementing said school projects and to proceed with procurement
of those services necessary to prepare schematic drawings and outline
specifications for these projects; and
BE IT F' ?-THER RESOLVED that the South Windsor Town Council authorizes the
South Windsor Board of Education to file Notice of Proposed School Building
Project Form ED 060 for these projects.
d. Acceptance of Resiznation of Charles N. Enes-as Town Clerk
Coucnilman Havens moved the following Resolution, seconded by Councilwoman
Smith and voted unanimously 8-0.
BE IT R S`1'VED that the South Windsor Town Council accepts with regret the
resigna-i—_= of Charles N. Enes, 905 Twin Circle Drive as Town Clerk effect
June 30, =?84.
Deputy `?ayor Ryan, Mayor Mitchell, Councilman Havens and Councilwoman
Smith nc=ec that the Town will greatly miss Charlie.
e. Authorization to hire Real Estate Consultant to advise regarding negotiation
on the sale of the Ayers Road Property
Councilman Nicholson moved the following Resolution, seconded by
Councilwcman Smith and after. discussion voted unanimously 8-0.
WHEREAS, the South Windsor Town Council has authorized the Town Manager
to sell 7roperty owned by the Town of South Windsor located between Ayers
Road, Graham Road and Sullivan Avenue; and
WHEREAS, the South Windsor Town Council is obligated to obtain the highest
possible_ value for this parcel taking into consideration all factors
pertain'_=g to said property.
NOW, T=.EFORE, BE IT RESOLVED that the South Windsor Town Council authorizes
the Town Manager, Richard J. Sartor to retain up to three (3) independent
real estate consultants aualified in real estate appraisal to aid in the
negotiations regarding the sale of the subject property and to assist the
Town Manager in determining a proper sales price and the need and scope of
restric--ons regarding its use.
Deputy Mayor Ryan asked if Councilman Nicholson had an idea of the cost fo
this approach?
Councilman Nicholson said the purpose is to authorize the Town Manager to
obtain some consultants if he so chooses. He said he has no idea of the
cost other than the usual cost for an appraisal of from $150 or more.
- REGULAR MEETING
,3u110:�, MONDA! u-IvL, its 9b4
Councilman Nicholson said it would be up to the Town Manager to get back
i to the Council if he felt he wanted to make use of this authorization.
Deputy Mayor Ryan indicated his support of the Resolution. If anything
can be accomplished that will clear up the issue the few hundred dollars
should be spent.
Councilwoman Smith indicated her support of the Resolution.
Mayor Havens said he has no problem supporting the Resolution however
he would like a time frame for completion. It should be done in a
timely fashion.
Councilman Havens spoke in support of the Resolution.
Deputy Mayor Ryan pointed out that the Resolution leaves it to the Manager's
discretion.
Mr. Sartor said if the Resolution is approved he would not consider it
discretionary. He would hire consultants. He questioned the last
sentence of the Resolution and asked if it is the intention that the
restrictions might change?
Councilman Nicholson said he has questions regarding the proper method of
marketing the property. Consultation with a real esate person familiar
with marketing properties might achieve a trade off between allowing .part
to be preserved as open space and allowing some development of the property.
With some professional advice the best approach can be arrived at. This
was left open in previous discussions. This would be the time to inform
the Council if it wants to maintain strict restrictions, what they would
cost the town.
Mr. Sartor noted that he would then be seeking consultation on the
marketing of the property.
Councilman Nicholson said he would expect the Manager to return to the
Council if that approach appears to be too costly.
Mayor Mitchell questioned the time frame.
Mr. Sartor said a month or so, he indicated he was not certain.
15. Passage of Ordinances: None
16. Executive Session to Discuss Personnel Evaluations -Council Clerk Town
Manager, and Town Attorney and. Pendine Claims and/or Litigation
Councilwoman Smith moved to go into Executive Session to Discuss Personnel
Evaluations - Council Clerk, Town Manager and Town Attorney and Pending
Claims and/or Litigation- (Brewer and Horan) Seconded by Councilman O'Reilly
and voted unanimously. Mayor Mitchell noted he would not participate in the
discussion of Pending Claims and.Litigation due to a possible conflict.
The Executive Session began at 9:25 p.m. to Discuss Pending Claims and/or
Litigation - Brewer and Horan Case. Present were Deputy Mayor Ryan,
Councilwoman Sorenson, Councilman O'Reilly, Councilman Brown, Councilman
Nicholson, Councilman Havens, Councilwoman Smith, Attorney Rittenband
Town Manager Sartor, and the following members of the Water Pollution
Control authority - Mike Lanza, Mark Peterson, Ralph Alexander (from 9:25
to 9:49) John Gilsenan and Roger Cottle (from 9:50 to 10:00) Pending
Litigation was discussed, no vote was taken.
. At 10:01 p.m the Personnel Evaluations were begun. Mayor Mitchell was
present and Attorney Rittenband and Town Manager Sartor were not. The
Council Clerk, Eileen G. Jalet was present. This portion ended at 10:11.
Aw
REGULAR MEETING
TOWN COUNCIL MONDAY, JULY 16, 1984
F
Mr. Fitts said they said on the additional phases they could work with use
on the numbers. It is difficult as the theme is nebulous at the moment
because normally the-architects work based on a percentage of the project.
We have not gotten the project nailed down to the point where we know
what kind of money we are talking about. . We are talking a flat fee for this
segment of our activities. They said they could work within our budget.
Councilman Nicholson questioned what the cost for the Plum Gulley project
had been.
Mr. .Fitts said he did not have that figure available.
7. Communications and Reports from Town Manager
See attached.
Ayers Road Parcels
Mr. Sartor said basically what we have is a second approach to the land
value. The bottom line is the property is worth whatever you can get for
it. He indicated the studies done were at no cost to the town. The
figures we got have indicated that the original number was ballpark.. Mr.
Sartor went through the material presented in his report. The appraisal
by the traditional method would probably still be valid (i.e. , using current
zoning). The $18,700 seems to have been a valid figure. The range of
values covers quite a range of figures. Our appraiser came almost in
the middle. Mr. Sartor indicated he would. like to know the desires of
the Council in regard to the sale of this property. .
Mayor Mitchell asked Mr. Belleville if he still feels that $18,700 is a
fair value.
Mr. Belleville said anything from $16,000 to $20,000 is a reasonable value
based on the information we have available.
Mr. Sartor noted that all estimates are made with the assumption it cannot
be built upon. ...
Mayor-Mitchell said the value is determined, by what someone is willing to
pay for it.
Councilman Nicholson said this information should be utilized to enable the T%n Manager
to negotiate the sale. With this information in mind, he should negotiate
the best deal for the Town. For the Council to put an asking price on it
he indicated is not the best way to.negotiate a sale.
Mr. Sartor said he intends fully to advertize the property publicly. The
The sale is not specific or designated to any one individual. I will put
it out to the public at an asking price in excess of the appraised value
however, we all recognize there is one person who has already indicated
an offer in the area of that appraised value. He said he is already
authorized to offer the piece for sale.
Mayor Mitchell said we should- make it very evident that it is subject
to conservation easem:silts.
Mr. Sartor said when the Council is sufficiently satisfied that we should
REGULAR MEETING /
y TOWN COUNCIL MONDAY, JULY 16, 1984
1 go forward, the Town Attorney and I will be writing those conditions that
the Council has in the past determined so that language be clearly and
1 abundantly available to any interested party. It will be noted briefly
in the advertisement.
Mayor Mitchell asked if a concensus could be given to offer it for sale.
Mr. Sartor said he is already authorized to offer it for sale. His
only concern is whether or not there are any other questions on the part
of the Council or any unresolved issues before I go forward.
Attorney Rittenband said the Town Manager can phrase a statement that he will
proceed to offer it for sale at the highest price that he deems advisable
unless he hears further objection. If he hears nothing further then
he will know what he should do. This is not a formal vote.
Councilman Nicholson questioned the value if there were no restrictions.
Mr. Belleville said one house could be built on this piece-because of
the utility restrictions. The figure would be about $20,000.
Mr. Sartor said hearing no further comments he will proceed with the sale
as previously authorized.
Mr. Arsenault gave the Council an update on the Floodproofing plans.
He indicated every attempt has been made to address any concerns raised.
Mayor Mitchell said the Council and staff have done a tremendous amount
of work to try to minimize the impact in this project.
Councilman Havens stated his satisfaction with the work done in this regard.
8. Consent Agenda
Councilman. 0'Reilly moved to approve items 10a through d and 14a through e
as the Consent Agenda, seconded by Councilman Havens. Councilman Havens
asked to remove 10d and 14d. Deputy Mayor Ryan asked to remove 14a and e.
A Consent Agenda comprised of items 10a: through c and 14b and ctwas
approved unanimously 9-0.
9. Public Participation: None
10. Unfinished Business
a. Appointment of Alphonse Garcia to Public Building Commission
This item was approved as part of the Consent Agenda.
Motion to appoint Alphonse Garcia, 49 Palmer Drive to the Public
Building Commission to fill an unexpired term ending November 30, 1985,
said vacancy created by the resignation of Arlene Kenney.
b. Appointment of Barbara Klenke to Planning and Zoning Commission
This item was approved as part of the Consent Agenda.
1
G �
5 .
1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074
SOR,C� AREA CODE 203/644-25U
RICHARD J. SARTOR 3111 17
Town Manager y , 1984
Members of the Town Council
South Windsor, Connecticut
Dear Councillors :
TOWN MANAGER' S REPORT
1 . Complaint - Valley View Drive
I received a complaint regarding Tractor Trailer Driving
School trucks on Valley View Drive . (See Attachment
"A I')
i J
2 . Ayers Road Parcel
IReport on valuation efforts . (See Attachments "B, "
f� and "C . ")
3 . Report on "Floodproofing" Offers - Welles and Passaretti
Families
I Director of Public Works to report . (See Attachments
"D, " and "E . ")
WnManA96
ully submi ted,
- RJS :prb
Mr. John Stout, Executive Vice President 10;30 a.m. 7 2-r o
The Farley Ccnpany ,
Considerations:
1. band to be on tax roles
2. Town obtains what it wants (i.e. No residential/Restricted Commercial use)
3. Attractive improvement (aesthetic)
4. Size of building is limited by existing parcel.
Developing:
Office space - value of land per square foot of building - used as standard measure
for viability of project -
Professional judgement - Hartford Area
$7.50 - $12.00/
Note: A bank site sould be a higher end of scale~
An office site would be at lower end of scale.
"Nationally known fast food" type restaurant - would pay substantially more.
Based upon foregoing and understanding that 4,000 sq. ft. building could be
constructed on the existing lot.
Tbtal
4,000 sq. ft. x $7.50 = $30,000 Min. land value
4,000 sq. ft. x $12.00 = 48,000 Max. land value
Must subtract existing parcel -
A-20 lot value- $20 - 2�,000 per assessor (in this location)
A-20 lot value - $25,000 in a better location for residential
Zbtal land investment in land which could reasonably be allocated based upon
professional real estate and development judgement (1.2 acres privately owned)
(1.4 acres town property)
30,000 48,000
minus value
of existing
parcel 20,000 20,000
10,000 to 28,000
The range of values that the Town-owned parcel has depending upon the type of
usage, using lowest value for existing land.
Development of a "Bank" facility would value land toward higher end of scale, "Office"
use"toward lower value. Fast food reataurant off the scale.
Based upon this method of determining value of the property - $10,000-28,000
The Assessor's valuation of $18,700 obtained by another method appears to be a
reasonable amount for the property based upon objective criteria with no fore-
knowledge of what type office use is contemplated on this site.
r M E M O "
TO: Richard Sartor, Town Manager
FROM: Ed Belleville, Assessor
f
DATE: July 12, 1984
SUBJECT: Ayers Rd Property
Item 1
After our meeting with Mr. Stout of the Farley Co. I contacted Mr. Reveruzzi,
President of HRW Resourses, Developers and Consultants. Mr. Reveruzzi con-
firmed virtually all the information provided by Mr. Stout of the Farley Co.
The only item Mr. Reveruzzi hedged on was the $12.00 sq. ft. value of build-
ing area for establishing the maximum value for land. In his opinion $7.50
to $10.00 would he..more appropriate for the South Windsor area. The $10.00
would apply to a bank site proposal.
Item 2
I talked with Peter DeMallie, Planner, concerning Attorney Grace's appearance
before the planning and zoning commission on January 19, 1982 representing
Holcombe and Howland on their parcel containing 1.2 acres. A plan was pre-
sented at this hearing showing a building containing 5000 sq. ft. of area.
However Peter pointed out that this was more or less a very general proposal
and should not be construed as an acceptable plan. Peter went on to explain that
until a very detailed site plan proposal is reviewed by him and has final
approval from the commission it would be wrong to assume that a 5000 sq. ft.
building would be built on this site. Additionally Peter and I were in
+ agreement that if in fact a 5000 sq. ft. building was eventually approved
it would comprise of either all office space or a combination of office and
banking.
Item 3
Based on our meeting with Mr. Stout of the Farley Co. , my conversations with
Mr. Reveruzzi of HRW Resources and my talks with Peter DeMallie, I have
computed the following range of values for the Town owned Ayers Road property.
1st Assumption
5000 sq. f t. building (office space)
(projection of lowest value)
Total land value - 5000 sq. ft. x $7.50 - $37,500
Current value of Holcombe parcel = $26,000
* (see footnote for explaination of Holcombe parcel value estimate)
Value of Town owned parcel = $37,500 - $26,000 $11,500 (low range value)
2nd Assumption
5000 sq. ft.building (office and bank)
(projection of highest value)
Total land value = 2500 sq. ft. x $12.00 (bank) = $30,000
2500 sq. ft. x $ 8.00 (office)=$20,000
total =$50,000
$50000 total parcel value less $26,000 Holcombe parcel = $24,000.
Pg 2 _
7-12-84 ��a--x� •1
Item 3
(projection of Middle Range value)
5000 sq. ft. @ $8.50 $42,000 total value less Holcombe Parcel value
of $26,000 = $16,500 (value of Town owned parcel)
* Holcombe parcel valued under the following assumtion: Good zoned A-20
.lots selling for $1.00 to $1.15 per sq. ft. of land area. Holcombe parcel
not a desirable residential location and is triangular in shape all of
which diminish the sq. ft. value of this parcel. Therefore in my opinion
a sq. ft. value of .50 per sq, ft, us appropriate for this parcel.
Holcombe parcel contains approximately 52270 sq. ft.
(52270 x .50 26135) (rounded to $26,000)
0 CT
lo~A SC,`
Town ClIerk
U T-0 uvn 0-14e S-OULIS wz��
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soR•co``- AREA CODE 203/644-2511
• :I
TO BE PUBLISHED IN THE JOURNAL INQUIRER MONDAY, SEPTEMBER 24, 1984
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
i
Notice is hereby given that the South Windsor Town Council will hold
a Public Hearing on Monday, October 1, 1984 at 7:30 p.m. in the Council
Chambers of South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor
to consider the sale of approximately 1.4 acres of Town-owned land
rk
bounded on the North by the currently used Ayers Road, on the East by #
Graham Road, on the West by Sullivan Avenue and on the South by land
now or formerly of Raymond Holcombe and Warren Howland and the
discontinuance or abandonment of the old roadbed kno,*T, as Ayers road
which crosses the above described parcel of land.
• 'i
All interested persons are invited to appear and be heard.
Dated at South Windsor, Connecticut this 1st day of October, 1984.
LEGAL NOTICE _
TOWN OF ATTEST: e �\
QQ � t
SOUTH WINDSOR
'—
Notice Is hereby given Eileen G. Jalet
that the South Windsor
Town Council will hold a Clerk of the Council
Public Nearing on Monday,
e October 1, 1994 at 7:220 p.m.
In the Council Chambers of
South Windsor Town Hall.
x` 15+0 Sullivan Avenue.South
Windsor to consider the sale A
of approximately 1.4 acres
of Town.owned land
bounded on the Norte by the
currently used Ayers Road, J
on the East by Graham Q�.� p
Road, on the West by
Sullivan Avenue and the
South by land now
or Jai
formerly of Ray•+•und •
Holcombe and Warren �eC�
Howland and the discenti• G
nuance or abandonmrnt tw
the old roadbed known As .t OVA
Ayers Road which crosses
the above described parcel '
of land.
Alf Interested persons
are invited to appear And be
heard.
Dated at South Windsor,
Connecticut this 1st day of
October, 191A.
ATTEST:
Eileen G Jalet
Clerk of the
Council
Journal Inquirer
.. September 24, 1994
i
PUBLIC HEARING
TOWN COUNCIL
COUNCIL CHAMBERS MONDAY, OCTOBER 1, 1984
SOUTH WINDSOR TOWN HALL TIME: 7:30 P.M.
Mayor Mitchell called the Public Hering to Order at 7:30 p.m.
The Clerk read the call of the mee_'_ng as contained on the first page of these
minutes.
Present were: Mayor Mitchell, Councilman Havens, Councilman Nicholson,
Councilman O'Reilly, Councilman Pitts, Councilwoman Sagese and
Councilwoman Sorenson.
Mayor Mitchell noted the purpose of :he Public Hearing is to allow the public to
comment of the sale of the parcel indicated in the notice of the meeting.
Councilman Havens suggested that- a brief description of the deed would be helpful
to members of the public present.
Attorney Rittenband went over the Bond for deed.
Mayor Mitchell noted that the Public Facilities Task Force recommended that the
Town divest itself of this piece of property.
Councilman Nicholson questioned how .much areas would be taken by parking for 20 cars?
Mr. Sartor indicated 4,000 square feet.
Councilman Nicholson questioned he size of the driveway and location. He asked
if plans for the proposed develo-:meat of the property are available? _
Mr. Casey, Attorney for Mr. Holcombe and Mr. Howland showed Councilman Nicholson
a sketch of a possible plan.
Councilman Nicholson noted that -ormer Mayor Sandra Bender had called him at home
to state her opposition to the sale of this property because 1. When the road
was changed there was no intention to divest the Town of the property. 2. possible
traffic problems might occur. and -. the price is too low for development for
commercial purposes.
Mayor Mitchell asked for additional comment. There being none, he called for
a straw vote as follows:
Those in Favor of divesting the Town of this property 1
Those opposed 0
The Public Hearing was adjourned at 7:40 p.m.
Respectfully submitted,
n
Eileen G. Jalet
Clerk of the Council
APPROVED:
REGULAR MEETING
TOWN COUNCIL MONDAY, OCTOBER 1, 1984
a. Council Approval of Mayoral Appointments to Standing Committees -
Councilwoman Sagese to Education Committee and Public Health and Safety
Committee
This item was approved as the Consent Agenda
BE IT RESOLVED that the South Windsor Town Council hereby confirms
Mayor John J. Mitchell's appointment of Linda Sagese to the Council
Standing Committees for Education and Public Health and Safety
b. Approval of Sale of Avers Road Parcel
Councilman O/Reilly moved the following, seconded by Deputy Mayor Ryan
BE IT RESOLVED that the South Windsor Town Council hereby approves the
sale of the Town-owned property bounded on the North by the currently
used Ayers Road, on the East by Graham Road, on the West by Sullivan
Avenue and on the South by land now or formerly of Raymond Holcombe
and Warren Howland, being approximately 1.4 acres for the purchase price
of $20,000 in accordance with a bond for deed as attached hereto as
Schedule A.
Councilman Nicholson indicated he agrees with former Mayor Bender that
1. When the road was changed there was no intention of selling the
property for private development. 2. There are traffic concerns. and
3. The price is too low for Commercial development. He said
previous discussions made a point of the fact that it could not be
developed. and the question regarding what they would be buying. The
purchaser is buying the ability to develop the adjoining parcel and
develop this parcel for 4,000 square feet of parking area and the
driveway. Although we have had difficulty speculating the worth, we are
not selling only a parcel with some speculative value. He said he will
be unable to support the sale of this property tonight.
Deputy Mayor Ryan said the point Councilman Nicholson appears to be
making is that this parcel is being tied into the adjacent property.
This piece is primarily of value to one person. We appear to be
getting a reasonable price for it. He said as he looks at it, the
piece of land, in its present state, is an eyesore, and he hopes
something more attractive can be put there which will be of benefit
to the Town. He indicted he does not see anything but positive reasons
to sell the land.
Councilman Havens indicated he will support the Resolution only because
it is an unsightly piece of property.
The Resolution was approved in a Roll Call vote 8-1 as follows:
AYES NAYES
Mayor Mitchell Councilman Nicholson
Deputy Mayor Ryan
Councilman Brown
Councilman Havens
Councilman O'Reilly
Councilman Pitts
Councilwoman Sagese
Councilwoman Sorenson
{ . 6532 REGULAR MEETING
+' TOWN COUNCIL
MONDAY, OCTOBER 1, 198
c. Abandonment and/or discontinuance of old Ayers Road
n
Councilman Pitts moved the following seconded R ry g b. Y Deputy P Y Ma ,or Y y
BE IT RESOLVED that the South Windsor Town Council hereby abandon
and/or discontinues the road known as the old Ayers Road which ru
from Graham Road to Sullivan Avenue across town-owned land descri
as follows: approximately 1.4 acres bounded on the North by the
currently used Ayers Road, on the East by Graham Road, on the Wes
�J, Sullivan Avenue and on the South by land now or formerly of Raymon
�F Holcombe and Warren Howland (as described in Resolution 14 b abov
Attorney Rittenband said he would recommend this item be tabled.s
it passes it would give a right of way to the adjacent property.
In the event that Zoning approval is not obtained -and the sale doe
not go through, by doing this tonight you would be giving them
something that is not necessary. You can take action when approva
is received.
Councilman Pitts moved to table the Resolution, seconded by Deput
Ryan, and voted unanimously.
PP
d. Approval of CRRA Amendments
.H 4 -
Deputy Mayor Ryan moved the following, seconded by Councilman Bro
and voted unanimously. 9-0 - -
WHEREAS, certain amendments to the original contract dated May
with the Connecticut Resource Recovery Authority were
by the Towns of West Hartford and South Windsor, and ag
by the Connecticut Resource Recovery Authority prior "
signing of the original Contract; and
WHEREAS, said amendments have been incorporated into an Amendme
; i the Contract which is attached hereto as Schedule B; an
WHEREAS, it is in the best interests of the Town of South Win dso
execute this Amendment shown as Schedule B.
NOW THEREF
ORE, BE IT RESOLVED
that the South Windsor Town Council hereby authorizes'
`+
Town Manager, Richard J. Sartor, to execute on behalf
Town an Amendment to the original Contract with the
Connecticut Resource Recovery Authority previously exe
:i.
A said Amendment attached hereto as Schedule B.
15. Passage of Ordinances: None 4
16. Executive Session to Discuss Labor Negotiations
Deputy Mayor Ryan moves to go into Executive Session to discuss Labor_'
Negotiations, specifically the contract with CSEA and pending negotia
with the Police Union, seconded by Councilman O`Reilly and voted unani
.' t 9 — 0 at 9:30 p.m.
fl
Ivi
Ful-
ty Mayor Richard Ryan whether or not he paid dues." ° 9
bun ci co eagues to give unanimous approval of
ion before the vote was Ms. Sadowski acknowledged that - the the contract. '_ Cars and Truc'
provison might be difficult to enforce as the Republican Laurence Brown _said he $1.00 over
d have the right to chose contract does not require an employee to be a ,Prefers not to have an agency fee, but voted
union," Pitts said. member of the union as a--condition of for the contract because the manager had Factory Invoic
are both executives at _ employement with,the town. A non-union bargained in good faith on behalf of the town. ' 75 Cars &-True
Technologies Corporation, employee would have to sign an authorization The school department was involved in a For immediate
-shop contracts with the before the town would deduct the agency fee controversy in 1979 over an agency fee re-
-90 percent of the monthly dues — from a quirement for teachers not joining the union, Delivery
ere made to the wage paycheck. . said Brown,a teacher at the high school who 85 Datsun Sent
ntract,which would grant I'd be happy to challenge, through the belongs.to the union. - - $6195
ercent over the next three .labor board, each and every.employee not Two other Republicans, Myles O'Reilly
the raises would cost the' willing to. pay the fee," ,said .Joseph and Joyce Sorenson, broke ranks with the 85 Dodge Colt
e life of the contract. Carosella, the business representative of the GOP leadership to join the Democrats in
president'of the union ' CSEA. _ approving the contract. $5995
20 eligible employees now 85 Dodge D50
. Dues are $8 per
..month,i-'union official. SW land
sale, a Pickup
eral feeling among the. -
pproved
that they pay.dues,
io don't want to join the. ..By-D.J. SHEA [013j J:hearing that the sale was approved by the 85 Datsun 4x4
is of the contract without . Staff Writer �_ Public Facilties Task Force King Cab
adowski said. SOUTH WINDSOR = The Town"Council' chaired with Jacqueline Smith,wa which
$9495 voted 84 Monday to sell 1A acres of town who has since become town clerk. .
owned land on Ayers Road,to two local de- Mitchell said his motivation for champion- 84 Datsun Sentry velopers for $20,000,after no` one:`spoke in ing the sale as a member of the task force 2 dr deluxe these
opposition to the sale at a public hearing. was to return the property to the tax rolls.
The developers, Warren E. Howland and Democrat Councilman. Richard D. $7295
Raymond S.`Holcombe'bought the property Nicholson; who cast the only dissenting vote,
to advance their plans to build a commerical on the sale Monday, renewed his criticism of 85 Stanza
_ office building on adjoining property they the price and procedures used.Nicholson said 4 dr GL
already own at the corner of Sullivan Avenue that since the sale of the land allows the
and Graham`Road. The sale of the town land developers to go ahead with a project on the $9495
would allow access to the property from entire tract, the town could get considerably 85 Sentra
Ayers Road, improving the developers' more than the $18,700 assessed value of the
chances of winning Planning and Zoning: town parcel. 4 Dr AT
Commission approval. The developers offered slightly more than $7695
mong the council members voting to sell the assessed price in exchange for.being
the land was Mayor John J. Mitchell, whose allowed to build 20 parking spaces and a 85 Sentra Wagon
involvement in the transaction was detailed driveway on the former town'land, Town 5 Spd
aroused controversy following a Journal In-- Manager Richard J. Sartor said.
K quirer article in June. Mitchell and four Nicholson said he was contacted by former $7695
partners own 25 acres of undeveloped land 'Mayor Sandra Bender, who opposed the sale $99. Over Factory
across Ayers Road from the land which the of the property.
council voted to sell Monday. Mitchell also Mrs. Bender, who was also a member of Invoice on all
once bid to buy an adjoining 0.3-acre parcel of the Public Facilities Task Force, expressed 1984 300ZX's
town-owned land.
concern about a development at the busy In Stock
y _ Mitchell has repeatedly said he has no intersection,the price of the land,and traffic
conflict in voting for the sale. He said at the problems, according to Nicholson.
85 Dodge Colt
More Americans finding mortgages out of reach 4 Dr sedan
WASHINGTON (AP) = Even with lower total n $6995
o more than 25 percent of a borrowers'home . prices and rising income, more yearly income. By the Realtors' figures, the 85 Dodge Charger
Americans found mortgage loans out of reach typical family would have spent 30.2 percent in August because of risingmortgage interest of its income on monthly mortgagepayments $6995
Y .
rates, the National Association of Realtors on a typical house. 85 Datsun Pulsar
says.
?nO .. The housing affordability index devised by A-family seeking to qualify for a mortgage NX
M the trade group compares median family on a $74,300 home with a 20 percent down $8495
income and median home prices each month Payment would need$31,027 in income,under
to see if a typical familycan afford a t the association's formula.
home. typical 85 Datsun
For August, the index was 82.9, meaning a The index declined for the fourth straight King Cab
family making the median $25,727 a year month, even with a $200 July-to-August drop $7495
AP PHOTO could not qualify for a loan big enough toin the median price for resale homes.
ve be
bows off some of the 60 purchase the median $74,300 house. Half the homes sold in August cost less 83 Datsun
en quarantined in The Federal National Mortgage Associa- than the median and half cost more. King Cab
berculosis. The camels tion's qualification guidelines recommend Likewise,half of all American families made that annual principal and interest payments more than the median and half less.that Loaded
council
� iai AC Stereo Cass
J g new job in Texas $6995
aitheare Systems Inc., have been involved in the political process, Crowley,the resigning 84 Dodge
Xe and Cacnalty r. .i_ __ _ 3'+ fining councilman exnrPscaA Ann
a
C 0_�?S_0� ?d&U&101t
e
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
lNOSOR,CO AREA CODE 203/644-2511
October 4, 1984
Mr. Richard J. Sartor, Town Manager
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Mr. Sartor:
At a Regular Meeting of the South Windsor Town Council held October 1,
1984, the following Resolution was approved:
BE IT RESOLVED that the South Windsor Town Council hereby approves
the sale of the Town-owned property bounded on the North by the
currently used Ayers Road, on the East by Graham Road, on the West
by Sullivan Avenue and on the South by land now or formerly of
Raymond Holcombe and Warren Howeland, being approximately 1.4
acres for the purchase price of $20,000 in accordance with a bond
for deed as attached hereto as Schedule A.
Sincerely,,,
Eileen G. Jalet
Clerk of the Council
EGJ
cc: Mr. George Spring, Director of Finance
Mr. Ed Belleville, Assessor
SCHEDULE A 1 of 3
x
BOND FOR DEED
In consideration of the reciprocal promises, performances and
payments, the Town of South Windsor, a municipal corporation organized
by the Connecticut General Assembly (Seller) agrees to Sell, and
Raymond S. Holcombe of South Windsor, Connecticut and Warren E.
Howland, of Manchester, Connecticut (Buyers) agree to buy on the terms and
conditions contained herein, the property located on the east side of
Sullivan Avenue, south side of Ayers Road, and the west side of Graham
Road, in the Town of South Windsor, consisting of 1.4 acres more or
less and being all the real estate owned by the Town of South Windsor
at that location.
The purchase price is $20,000 payable as follows: a deposit of
$500.00 to be paid upon the signing of this Bond for Deed and the ,
balance of $19,500.00 to be paid by certified or bank check at the
date of transfer of title, which transfer is to be made by Warranty
Deed.
The obligation of the Buyers shall be conditioned upon their
receiving approval for development of the parcel in conjuction with
the parcel presently owned by the Buyers and abutting the instant
parcel to the south, by all boards 'and agencies whose approval is
needed which shall include, but not be limited to, the South Windsor
Planning and Zoning Commission, the South Windsor Inland Wetlands
Agency, the South Windsor Zoning Board of Appeals and any state or
federal agency which asserts jurisdiction over the use of the premises.
The Buyers agree to use reasonable diligence to pursue all approvals
at their own expense. This contingency will be satisfied when all
necessary approvals are obtained and all the court appeal periods have
passed with no appeals pending or any court appeal has been withdrawn.
The closing of title will take place within 15 days of the
satisfaction of the above conditions.
' 2 of 3
Seller agrees tnat the Bali e: sna__ aaT;c acc 35 on zo yVers Ac;ai;
that parking for twenty (20) cars will be permitted on an amesite surface
on the parcel. If any governmental agency shall deny either of these
permissions, this Agreement shall be void at the option of the Buyer.
or discontinued
Seller agrees that the old Ayers Road location will be abandoned /
by the Seller as a road and the Buyer agrees that any utility easements
or old Ayers Road
presently on the parcel/in question, will be retained in its present
position and condition and that the Buyers will accept title subject
to said utility easements.
The Buyers further agree to accept the restriction demanded by
the Seller that there be no construction of buildingson the property
at any time in the future and that the parcel be subject to a "Conser-
vation Easement" in favor of the Seller, the terms of which will be
agreed upon prior to the transfer of title.
(*) structures or improvements other than a driveway to Avers Road nd
.. the above parking area
.. M
3 of 3
Witnessed by:
Raym nd S. Holcombe, ,�..
. �r✓i /iAn� rqc
Warren E. Howland
l/V �' �A a► �MG '
/ TOWN OF SOUTH WINDSOR
By
Its
STATE OF CONNECTICUT)
) ss. South Windsor ���; :', 1984
COUNTY OF -HARTFORD ) /
Personally Appeared, RAYMOND S. HOLCOMBE, JR, and WARREN E. HOWLAND,
as `foresal Signers cf the fcregcl instrument d acknowledge
same to be their free act and deed before me.
John M! Casey
Commissioner f the Superior Court
STATE OF CONNECTICUT) , 1984
) ss.
COUNTY OF HARTFORD )
Personally Appeared,
who acknowledged that he holds the office of
in the Town of South Windsor and the signing of this Instrument is his
free act and deed as said officer.
Commissioner of the Superior Court
Notary Public
My Commission Expires:
A
b' r
c
1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 66074
SOR•cOrc AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL-INQUIRER SATURDAY, DECEMBER 1, 1984
TO BE PUBLISHED IN THE JOURNAL-INQUIRER MONDAY, DECEMBER 10, 1984
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Notice is hereby given that there will be a public hearing of the Zoning
Board of Appeals on Thursday, December 13, 1984 at 7:30 p.m, in the
Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue,
South Windsor, to consider the following:
Application #1578-84 - James and Donna Dewitt, 2814 Ellington Road
request renewal of a two year temporary and conditional permit for
an in-family apartment on property located at 2814 Ellington Road,
South Windsor, (RR Zone) .
Application #1579-84 - Frederick W. Young, 317 Chapel Road, requests
a variance to Section 6.2 of the Zoning Regulations to allow the garage '
in the basement of a split level home to -he-sealed on property located
at 16 Benedict Drive, South Windsor, owned by David P. Young (A-20 Zone) .
Application #1580-84 - Edwin D. and Elsie N. Barber, 306 Foster Street,
request renewal of a temporary and conditional permit for an additional
dwelling unit within an existing single-family home located at 306 Foster
Street, South Windsor (RR Zone) . -
Application #1581-84 - John Blair, 727 Deming Street, requests renewal
of a two-year temporary and conditional permit for an in-family apartment
on property located at 727 Deming Street, owned by Mary P. Garofalo
(A-30 Zone) .
Application #1582-84 - Robert and Barbara Lavey d/b/a A-1 Glass, Inc.
request renewal of a temporary and conditional permit to operate a
commercial enterprise in a residential zone on property located at 1658
Main Street, (A-40 Zone).
Application #1583-84 Russell G. Levack and Donna A. Levack, 1139 Main
Street, request a variance to Section 5.2 of the Zoning Regulations to
permit a building lot with less than the required frontage (39.5 foot
variance) on property located at 1139 Main Street, South Windsor (A-40 Zone) .
Application #1584-84 - Raymond S. Holcombe and Warren E. Howland 5`
555';
Main Street, Manchester, request variances to: (1) Section 4.9.4,2a
of the Zoning Regulations to allow a building closer to the street tha
allowed by frontage requirements; (2) Section 4.9.4.4.a of the Zoning
Regulations to allow for less than the required parkins spaces for a
Restricted Office Zone; (3) Section 4.3 of the Zoning Regulations to
allow parking for a Restricted Office Zone and access through an A-20
.Zone for a restricted office use, on property located between Ayers
Road, Sullivan Avenue and Graham Road, South- Windsor (A-20 Zone).
Application #1585-84 - Samuel Marvonek, 74 Saginaw Street, requests 'I'
a temporary and conditional permit to allow a separate dwelling unite'`
for family members in an existing single-family home at property locate
at 74 Saginaw Street, South Windsor (RR Zone) .
Copies of these applications are on file in the Planning Department at
the South Windsor Town Hall. At this hearing: interested persons may `.
appear and be heard and written recommendations will be received.
Robert Warren, Chairman
Zoning Board of Appeals
S
`a
-Y'fa
' 1
y
j
I.f
the Zoning Regulations.
Application #1584-84 - Raymond S. Holcombe and Warren
Attorney William E. Grace
� Y appeared before the Board repres
the applicants. He noted that several years ago this Boar
permission to use this property located between Ayers Roa
Sullivan Avenue and Graham Road, -for a Restricted office`"
He also noted that the Town Council had agreed to sell Mes
Holcombe and Howland the abutting parcel of property along
r Road. The Council agreed to allow an access road through'`, -
property and parking for 20 cars. He stated that the va '
they are requesting to Section 4. 3 of the Zoning Regulation
to allow parking for a Restricted Office Zone and access =,'`
an A-20 Zone for a Restricted Office use is to clarify th""
31
action taken by the Town Council. He said the variance to
Section 4. 9 . 4. 4.a of the Zoning Regulations to allow for -le
than the required parking spaces for a Restricted Office Zo
is because, even with the 20 spaces allowed on the Ayers Ro
property, they can -only designate 58 parking spaces and :78
are required. He said this is due largely to the odd shape
of the parcel in question. The third variance to Section;4
of the Zoning Regulations to allow a building closer to the
than allowed by frontage requirements is also necessary due
the unique triangular-shaped property with roads on all 's
Mr. Emil Lucek, P.E. appeared before the Board. He said.'tIl
property consists of 21, acres, but they are only allowedAto
use about one-half of that. For this reason, they require' -
front yard variance and also parking variances. He said th
sale of the Ayers Road property to Messrs. Holcombe and How
' solved many of the problems of access, since none of thesroa
surrounding this property are suitable for access.
17
Mr. Gregory Montana, Architect, appeared before the Board.`.
He said the parking and frontage variances are necessary `=
due to some existing trees which they would like not to dis.
iHe submitted a sketch of the property showing the small are
. that can actually be built upon. He said he has designed a
�L colonial-type structure which will look very nice in the nei
hood. He stated the Zoning requirement of one car per 150
feet of building is very severe. He said this requirement '
not consider storage space of boiler rooms. He said he fe1
58 parking spaces is adequate for a 11, 500 square foot offJ.-
building.
It was noted for the record that no one spoke in favor of M
opposition to this appeal.
j Mr. Warren asked why they had not yet been to Planning and,
Commission. Mr. Grace said that when the Town decided to s
the Ayers Road parcel, Messrs. Howland and Holcombe felt -it
be better for everyone if they purchased it and used it for
access to their property. He said' it took a great deal of
" for the agreement to sell the land to g I g go through. He noted'
the initial plans had the entrance onto Graham Road, which
have caused many more traffic problems.
,ir i
44153
Mr. Warren stated that he felt a site plan of development should
have been submitted to Planning and Zoning Commission before
asking the Zoning Board of Appeals to rule on the number of
parking spaces. Mr. Grace said it was his understanding that
it is the thinking of the Planning and Zoning Commission that
applacants should get variances before coming to them. He said
they did meet with Mr. Peter Demallie, and he said to go to the
Zoning Board of Appeals and "clean things up" before going to
Planning and Zoning Commission..
Mr. Eriksson asked why the Town Council only allowed 20 parking
spaces. Mr.* Grace said this was their action and the Town Planner
agreed. Mr. Eriksson noted that this was a decision made by
someone who does not have the authority to make this decision.
Ike asked_if Planning: .and. Zoning could reduce the number of parking
spaces. Mr. Grace said they have reduced the number of parking
spaces by a few in the past, but he doubted they would reduce
the number by 20. Mr. Montana said the areas where they can
Laesign parking spaces on this site is limited due to grades,
trees and configuration of the site.
Mr. Howland stated that an office building he works out of in
Manchester is 9 , 000 square feet and has 51 parking spaces. He
said the lot has never been full, and at the most has been two-
thirds full. Mr. Eriksson stated that he feels the Planning and
Zoning Commission should determine where the parking spots are.
Mr. - Warren noted that Mr. Murrin has-. to leave the meeting, and
for the remainder of the meeting only four members will be sitting.
He said approval of a variance requires 4 affirmative votes,
and a. temporary and conditional permit requires three. He stated
that if anyone would prefer to sit with a full Board, their hearing
could be postponed until the January meeting.
Application #1580-84 - Edwin D. and Elsie N. Barber
Mr. Greg Barber appeared before the Board. He said they wish to
renew the temporary and conditional permit for the apartment
which he and his wife occupy. He said the only outside change
is a deck they have constructed on the rear of the house for
fire reasons. He said this separate entrance is-.not visible
from the street except in the winter when the leaves are off
-the trees. He said there had been no problems from the neighbors.
It was noted for the record that no one spoke in favor of or in
opposition to this application.
Application #1581-84 - John Blair
Mr. Blair appeared before the Board requesting renewal of an
in-family apartment. He said his mother in law owns this property
and they live there and pay all of the expenses. He said they
have need to have this extended for another two years.
It was noted for the record that no one spoke in favor of or in
opposition to this application.
173
Application #1585-84 - Raymond S. Holcombe and Warren E. Howland
Mr. Eriksson stated that he had problems with this application because when
they received the variance to use this property as a Restricted Office zone,
they stated they would abide with all of the RO requirements. Now they have
come back for three variances. He said he feels the Board is being taken
advantage of. Mr. Steben said he feels this will improve the looks of that
corner. Mr. Murrin stated that there has been a change since the last variance
was granted since they have an option to purchase the Town land. He said he
looks at it more as an evolving project.
Mr. Warren said he was concerned about their coming to the Zoning Board before
going to Planning and Zoning Commission. He said he called Mr. Gilligan, and
he said the Planning and Zoning Commission had heard nothing of their plans.
He noted that Attorney Grace stated at the hearing that Peter DeMallie told
them to go to Zoning Board of Appeals. He stated that he felt Mr. DeMallie
should have communicated to Planning and Zoning Commission that he was working
with Mr. Howland and Mr. Holcombe on this piece of property.
Mr. Murrin moved to approve the application of Raymond S. Holcombe and
Warren E. Howland for the following variances: (1) to Section 4.9.4.2.a of
the Zoning Regulations to allow a building closer to the street than allowed by
frontage requirements; (2) to Section 4.9.4.4.a of the Zoning Regulations to
allow for less than the required parking spaces for a Restricted Office Zone; and
(3) to Section 4.3 of the Zoning Regulations to allow parking for a Restricted
Office Zone in an A-20 Zone, and access through an A-20 Zone for a Restricted
Office use, on property located between Ayers Road, Sullivan Avenue and
Graham Road, South Windsor (A-20 Zone) .
He noted the unusual configuration of the site and the improved traffic flow which
will result from the access on Ayers Road. He also noted that construction
on this property is subject to site plan approval by the Planning and Zoning
Comms Sion.
The motion was seconded by Mr. Steben, and voted unanimously in favor.
EFFECTIVE DATE: January 18, 1985
Application #1578-85 - James W. Dewitt and Donna J. Dewitt
Mr. Steben moved to approve this application for a two-year temporary and
conditional permit to allow an in-family apartment at 2814 Ellington Road.
He noted that this is a family situation, and approval does not make this property
income producing. If the family situation should change, the home will have
to be restored to a one-family condition.=
The motion was seconded by Mr. Murrin, and voted unanimously in favor.
EFFECTIVE DATE: January 18, 1985
Application #1587-85 - David J. Grulke and Christine C. McGough
Mr. Eriksson moved to approve this application for a variance to Section 5.2 of
the Zoning Regulations to allow an 8-foot front yard variance and a 17-foot rear
yard variance on property located at 21 Saginaw Street, South Windsor (RR Zone) .
He noted that the variance requested to Section 3.10.3 of the Zoning Regulations
was not required since the front and rear yard variances make this property
conforming.
.175
• 1.
1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
soR.00 AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL-INQUIRER FRIDAY, JANUARY 11, 1985
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
At the January 3, 1985 meeting, the following decisions were rendered:
Application #1582-84 - Robert and Barbara Lavey (A-1 Glass, Inc.) - granted
renewal of a temporary and conditional permit until September 1, 1985 to
operate a commercial enterprise in a residential zone on property located
at 1658 Main Street, South Windsor (A-40 Zone) .
Application #1585-84 - Raymond S. Holcombe and Warren E. Howland - granted:
(1) a variance to Section 4.9.4.2.a of the Zoning Regulations to allow a building
closer to the street than allowed by frontage requirements; (2) a variance to
Section 4.9.4.4.a of the Zoning Regulations to allow for less than the required
parking spaces for a Restricted Office zone; (3) a variance to Section 4.3
of the Zoning Regulations to allow parking for a Restricted Office zone and
access through an A-20 Zone for a Restricted Office use.
Application #1578-85 - James W. Dewitt and Donna J. Dewitt - granted renewal
of a temporary and conditional permit for an in-family apartment on property
located at 2814 Ellington Road, South Windsor (RR Zone) .
Application #1586-85 - Michael Giguere - denied a temporary and conditional
permit for nine-month storage of a 32-foot trailer on property located at
374 Abby Road Extension, South Windsor (RR Zone) .
Application #1587-85 - David J. Grulke and Christine C. McGough - granted
a variance to Section 5.2 of the Zoning Regulations to allow an 8-foot
front yard variance and a 17-foot rear yard variance on property located
at 21 Saginaw Street, South Windsor (RR Zone) .
Copies of these applications are now on file in the Town Planner's Office
and the Town Clerk's Office at the South Windsor Town Hall.
Thomas Murrin, Chairman
' Zoning Board of Appeals
t0~a a
D t�ZlJf2
Soo ?I)• -
ti
ti
1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06074
AREA CODE 203/644-25U
January 7, 1985
CERTIFIED MAIL
William E. Grace, Esq.
25 Oakland Road
South Windsor, CT 06074
Dear Attorney Grace:
The application of Raymond S. Holcombe and Warren E. Howland to the South
Windsor Zoning Board of Appeals reugesting the following variances: (1)
to Section 4.9:4.2.a of the Zoning Regulations to allow a building closer to
the street than allowed by frontage requirements; (2) to Section 4.9.4.4.a
of the Zoning Regulations to allow for less than the required parking spaces
for a Restiicted Office Zone; and (3) to Section 4.3 of the Zoning Regulations
to allow parking ror a Restricted Office Zone in an A-20 Zone, and access 'through an A-20 Zone for a Restricted Office use, on property located between
Ayers Road, Sullivan Avenue and Graham Road, South Windsor (A-20 Zone), have
been granted.
In granting these three variances, the Board noted the unusual configuration
of the site, and the improved traffic flow which will result from the access
on Ayers Road. The Board also noted that construction on this property is
subject to site plan approval by the Planning and Zoning Commission.
This action is effective January 18,. 1985, and upon your filing the enclosed
form in the Town Clerk's Office.
Very truly yours,
ttio rvr�cut `�u.
rri,vc.�
Thomas.Murrin, Chairman
Zoning Board of Appeals
TM/src
encl.
tr
Tani
Planning & Zoning Commission -5- 3/26/85
4. The shrubbery which is indicated on the State right-of-wa� Wood
should be deleted from the plans .
lan
5 . The side and rear yard requirements should be indicated and r
on the plans. here
Iur
6 . The abutting property owner to the north should be indicate parki
7. The location of the water main and lateral connection Emil
should be shown. Wate3
t is
8. The 50 year flood line should be adc.--essed. nti3
;;owes
9 . At the southeasterly corner of the s:_te the reference to the c
C.H. D. shall be corrected. from
d t
Within 90 days (by 6/24/85) a black and -bite mylar, with the
letter of approval of this Commission rc- aoduced thereon, toga_
with three paper prints, shall be submi-.. _ ed to this Commission", pprt
to be signed and stamped and then filed the Town Clerk ' s `high,
Office.
"et t
undE
Mr. Sorenson seconded the motion and it was ur-_ aimously voted in adic
favor and so ordered.
i e
5. App. #1058 - Holcombe/Howland, Site Plan, . :-,7ers, Graham & Su113 . k rr
Mrs. Montana disqualified herself from sitting in this matter and wa'
not present during the discussion. Acting ChE _rman Sorenson appoint. -1.
Alternate Margaret Rossi to sit in her place.
Attorney William Grace was present. Referring to the map, he
said the parcel on the right was purchased in she 60 ' s , and the oth
parcel near Ayers Road was purchased from the Town of South Windsor:
The Town limited the owners to keep it in a park-like setting with 2,
only 20 parking spaces. They have obtained variances from the
ZBA to allow a building closer to the street than allowed, to allowK
less than the required parking spaces, to allow parking in an A-20 3.
zone to be as in the RC zone, and to allow access through an A-20
zone for a restricted office use. ='4.
Gregory Montana, the architect for the project, said that they took
into consideraton the residential areas and the restrictions on th
parcel, and have planned a colonial type building with a low roof
profile. The roof line is no higher than the original building why % 6 .
was there. There are also some fine existing trees and severe top,
phy. Every effort has been made to preserve the existing trees an:..`
they will terrace the slope with rock walls . They are presently
proposing 48 parking spaces instead of 56 . They are 10 x 20 , and 7.
with a 9 ' space they could have more parking if they eliminated so
trees. Mr. Montana said they cannot envision the need for more th. $'
48 spaces. This will be a cluster condominium type development wl;
9 ,
00,A
anning & Zoning Commission -6- 3/26/85
ti
dividual ownership. The building will be brick faced with either
aod or vinyl, and the windows will be paned, with shutters .
an Viets, the landscape architect, reviewed his landscaping plan
d noted they are trying to maximize the larger trees on the site.
ere will be flowering evergreen material, and because of lights
ng onto the site they have created another buffer to shield the
a `rking. They are proposing lower, accent type lighting.
it Lucek of Lucek Engineering Associates said the site has public
-ter and sanitary sewers. Storm water will be handled on the site.
t is a tricky site with a 20 ' elevation change in about 4001 . The
"tire run-off will be into the detention facility as shown on the
ower right hand corner of the map, and there is no drain at present.
e detention basin has the potential to detain all of the run-off
rom a 100 year storm. It will eventually go across Sullivan Avenue
d then there is no other outlet.
e`
. Martel, Town Engineer, noted that one of the conditions of
proval for the shopping center was that they give the Town a
fight-of-way, and the Engineering Department hasn' t been out there
et to establish it. The right-of-way is not in place, nor are the
ands. Mr. DeMallie added that with the Sigma approval, Mr. Rupner
dicated a willingness to do this .
he Planning Director add Town Engineer indicated a number of
a
orrections had to be made on the maps, which are as follows :
1. Drywells shown on sheet #3 on the s/e portion and on the southern
portion of the ma4n building could be designated as regular
catch basins and the two catch basins in the southwest side of
`3f the parking area could be drywells . Possibly there' could be one
more in the middle of the swale .
2. The sanitary sewer connection lateral should be 8" with a manhole
or clean out.
'S
>3. The key map should have a secondary class D certificate.
4. On Sheet #2 the curbing on Graham and Sullivan should give
the radius on the street line .
= 5 . Plans should have MDC or CGS coordinates .
6 . On Graham the pavement comes very close to the street line with
very little separation and should be underst000d that during
snow removal it will be deposited on private property.
7. Sheet #3 needs flow lines and' top of frames for catch basins .
8 . Sheet #1 should indicate the site is 24 acres .
9 . The building size, including foyers, should be noted. (it looks
like it is 12, 500 s. f. )
UU tj
' Planning & Zoning Commission -7- 3/26/85 play
w
10 . Key map indicates A-20 and RO zones. There is no RO zone
all A-20 , but there is a variance permitting development accor as
to RO zone regulations.
_ ,'Come
The data block should indicate this. site
`takE
11. On sheet #2 the ownership of the. parcels should be indicated-, ;out
Come
12. Sheets #2 and #3 should be combined, and be entitled "Site Pl', in t
at
13 . Smaller shrubs should be added to the southeast portion of th' `traf
• - aot.
14 . Interior sidewalks should be shown along the easterly side of , Come
entrance drive. .be C
15. All utility easements must be shown on all sheets .
Burg
Mr. Conde said he is concerned with all the snow being pushed onto eer
site from Graham Road in view of the steep slope on the other side. -1 `nsu
hou
Mr. Sorenson noted that it could affect the shrubbery. A question lea
was raised concerning the parking spaces, and Mr. Lucek replied that help
they are not proposing a bank, but a typical professional office bu
He noted that Greg Montana will be occupying one spot, and he will ack
take another. Possibly an insurance company will take over one who , tan
floor. There is the potential for 10 owner/occupants and they do
not anticipate more than 20 cars at maximum.
'onc
Mr. Hallowell said in view of all the corrections that are necessar
he thinks this should be tabled until the plans have been corrected'; '
and he made a motion to table this application until next week. Mr' 1
Rossi seconded the motion and it was unanimously voted in favor and: ark
so ordered. Ind
t w
6 . App. #1048 - Burger King Corp. , Sullivan Avenue Shopping Center nd
t pac
Mr. DeMallie noted that the Commissioners made comments at the publ
hearing last week about the desirability of moving the building in S.
easterly direction. Mr. DeMallie said originally they intended to> rg'
locate the building more to the east, and the property owner reques E
it be moved in order to facilitate potential future development. sso�
Mr. DeMallie submitted a copy of the revised plan showing the buil ,.'
further to the east .
. = 1.
The Commissioners reviewed the revised plan and Mr. Conde noted th
the traffic flow would be a lot smoother. Mr. Hallowell said he
thinks the parking spaces added in the area of the drive-in tellerq
could be removed and that an island could be extended from the 2.
west side of the drive-in teller straight back to the last parking.
space so that it separates the drive-in teller area. He said the
big problem now is the cars going out. Mr. Conde noted that exten
the island will improve the situation. Mr. Hallowell said the 3.
spaces in front of the bank are useless, and Mr. Conde suggested
using the $2, 000 bond the Commission is holding to install the isl
in front of the parking rows as previously required.
3/27/85
Modifications to Holcombe/Howland Site Plan
1. Drywells shown on Sheet #3 on the s/e portion and on the southern
portion of the main building could be designated as regular
catch basins and the two catch basins in the southwest side of
the parking area could be drywells. Possibly there could be one
more in the middle of the swale.
2. The sanitary sewer connection lateral should be 8" with a manhole
or clean out.
3. The key map should have a secondary class D certificate.
4. On Sheet #2 the curbing on Graham and Sullivan should give
the radius on the street line.
5. Plans should have MDC or CGS coordinates.
6 . On Graham the pavement comes very close to the street line with
very little separation and should be underst000d that during
snow removal it will be deposited on private property.
7. Sheet #3 needs flow lines and top of frames for catch basins.
8. Sheet #1 should indicate the site is 24 acres.
9 . The building size, including foyers, should be noted. (it looks
like„it is 12, 500 s. f. )
10. Key map indicates A-20 and RO zones. There is no RO zone - it is
all A-20 , but there is a variance permitting development according
to RO zone regulations.
The data block should indicate this.
11. On sheet #2 the ownership of the parcels should be indicated.
12. Sheets #2 and #3 should be combined, and be entitled "Site Plan" .
13. Smaller shrubs should be added to the southeast portion of the site.
14 . Interior sidewalks should be shown: along the easterly side of the
entrance drive.
15. All utility easements must be shown on all sheets.
3/27/85 .�,��
Modifications to Holcombe/Howland Site Plan
1. Drywells shown on Sheet #3 on the s/e portion and on the southern
portion of the main building could be designated as regular
catch basins and the two catch basins in the southwest side of
the parking area could be drywells. Possibly there could be one
more in the middle of the swale.
2. The sanitary sewer connection lateral should be 8" with a manhole
or clean out.
3. The key map should have a secondary class D certificate.
4. On Sheet #2 the curbing on Graham and Sullivan should give
the radius on the street line.
5. Plans should have MDC or CGS coordinates.
6 . On Graham the pavement comes very close to the street line with
very little separation and should be underst000d that during
snow removal it will be deposited on private property.
7. Sheet #3 needs flow lines and top of frames for catch basins.
8. Sheet #1 should indicate the site is 24 acres.
9 . The building size, including foyers, should be noted. (it looks
like, it is 12, 500 s. f. )
10 . Key map indicates A-20 and RO zones. There is no RO zone - it is
all A-20 , but there is a variance permitting development according
to RO zone regulations.
The data block should indicate this.
11. On sheet #2 the ownership of the parcels should be indicated.
12. Sheets #2 and #3 should be combined, and be entitled "Site Plan" .
13 . Smaller shrubs should be added to the southeast portion of the site.
14 . Interior sidewalks should be shown along the easterly side of the
entrance drive.
15. All utility easements must be shown on all sheets.
�,priN stAl�
O F
A TawlL 0-/e so-ldi-7, ?d&U&01t
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR•CO AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, APRIL 6 , 1985
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING & ZONING COMMISSION
At the April 2, 1985 meeting, the Planning and Zoning Commission
voted to take the following action:
1. Approve, with modifications, the application of Raymond S.
Holcombe and Warren E. Howland, for a site plan of development
for property located between Ayers Road, Sullivan Avenue
and Graham Road, in an A-20 none, as shown on a plan prepared
by Lucek Engineering Assoc. , Inc. dated 2-28-85, revised to
3-29-85.
2. Approve the application of JACAMA Associates for a zone change
from RR to AA-30 on approximately 33 acres located on the north
side of Miller Road, west of Barber Hill Road, as sl-bw n on a
plan prepared by Page Engineering, Inc. , dated 1-10-85, Project
85-020.
3. Approve the application of Uccello & Ireland Builders for a
zone change from RR to A-30 on approximately 4. 4 acres located
on the northwest side of Ellington Road, northeast of
Carriage Drive, as shown on a map prepared by Lucek Engineering
Assoc. , Inc. dated 11-20-84.
4. Approve, with modifications, the application of Uccello & Ireland
Builders, for an open space subdivision in an A-30 zone, consisting
of 29 lots, located on the northwest side of Ellington Road,
south of Bourbon Street and north of Carriage Drive, as shown
on plans prepared by Lucek Engineering Assoc. , Inc. , dated
11-20-84, revised to 1-21-85.
Dated at South Windsor, Connecticut this 3rd day of April, 1985 .
PLANNING & ZONING COMMISSION
Marshall Montana, Vice Chairman
David H. Sorenson, Secretary
r
ING AND ZONING COMMISSION APRIL 2, 1985
CIAL MEETING & PUBLIC HEARING SOUTH WINDSOR TOWN HALL
ERS PRESENT: Montana, Sorenson, Sorosiak, Conde
I
ERNATES PRESENT: Rossi (sitting for Gilligan) ; Asplund (sitting
for Smith) `
1
ECIAL MEETING �.
lic Participation - None ,
,
Business?
App. #1023 - Alexandra Development Corp. , Resubdivision, Nutmeg
Road North
Sorenson moved that the above applicant be granted a 90 day extension
time in which to file the final plans. The extension is from
ril 15th to July 15, 1985 . Mrs. Rossi seconded the motion and it
s unanimously voted in favor and so ordered. j
App. #1058 - Raymond S. Holcombe/Warren E. Howland, Site Plan of �G
Development, Ayers Road, Sullivan Avenue & Graham Road
s. Montana disqualified herself from sitting on this application, and
. Sorenson chaired this portion of the meeting'.
. Sorenson asked if all the items which had- been raised by the Town
gineer and Planner had been corrected on the plans. He referred to
list of about 17 items. Mr. DeMallie reported that everyting seems
have been addressed, and Mr. Martel said he reviewed the revised
lan and has only one more minor correction, and that is that the
idewalk should extend to the pavement.
„r
S. Sorosiak made a motion to approve the site plan of development for jy
roperty located between Ayers Road, Graham Road and Sullivan Avenue, Ia:
in an A-20 zone, as shown on a plan prepared by Lucek Engineering
Ssociates, dated 3-7-85, revised to 3-29-85, subject to the following f'
odifications :
1. The plans shall be modified to show that the interior 8
sidewalk extends to the pavement on Ayers Road.
2. No building permits will be issued until the final plans I `
have been filed in the Town Clerk' s Office.
3. Prior to commencement of site work, a meeting must be held
with Town Staff. `'
I[�
Black and white transparent mylars of Sheets 1 and 3 , and the I;;1
landscape plan, with the letters of approval of this Commission, 'I
Zoning Board of Appeals and Town Council reproduced thereon,
together with three paper prints , must be submitted to this
Commission to be signed and stamped, after which they will
be filed in the Town Clerk' s Office. #3
j3
i.11
F(1
3L
'Planning & Zoning Commission -2- 4/2/85 annira�
Mr. Asplund seconded the motion and it was voted in favor by r. d Mr.
Commissioners Sorenson, Sorosiak, Conde, Rossi and Asplund. The t tY
motion was duly carried by a 5 to 0 vote, and so ordered. 5iti<
ferrf
3. App. #1047 - Uccello & Ireland Builders, Bridle Wood Estates the
Subdivision, Ellington Road_, South of Bourbon Street tPublic 239
1 th
Town Engineer Martel passed out copies of an MDC map, and then ga
the following report: He met with the developers last Tuesday a M
site and some of the homeowners on Ellington Road were present (K ncer
LaVoies and Cormiers, and one other) . The two most important lot tic
are the Cormiers and Keefers, but there is a problem in that all: . le
neighbors have wet basements except for Cormier. Even people acr a me
the street are having a problem. The Cormier house is the only o
footing drains. The backyards are wet all year long. The State- BLIC
drainage pipe ends about 60 feet short of the rear property lines
the ,property of Keefer and Cormier) . The main concern of the nei a se
is that they have wet backyards and basements and they would like urnz
their situation improved. The solution for the wet basements is
installation of footing drains which is very costly for anyone in
especially after the fact. The solution for the wet back yards is
basically impractical. Because of the soil condition, any kind o
drain that could be installed would only relieve that particular
ttor:
Commissioner Rossi asked if this means that People would need both is
footing drains as well as drains in their yards, and Mr. Martel sa ea
He noted that the proposed development would not make the situatio or 4
worse for the people on Ellington Road. The only other alternati ch
the Ellington Road residences is extensive filling and that is no a ab
practical because of the wetlands and would kill off any tree stan ive
The Keefers and Cormiers have extensive stands of trees. Mr. Mar ieque
said there really is no practical solution. Basically these house qo it
were built with wetlands in the backyards and underdrains should and Y
have been placed there when they were built.
Mrs. Montana asked if Mr. Martel thought the detention basin for t coulc
Bridle Wood would make their situation any worse, and Mr. Martel r That
intno. The flood elevation of 100 years is 240.7 which does not reach the ,
the backyards. Mrs. Montana asked if the detention basin will be :. re
excavated, and Mr. Martel said yes. He noted that these people wi ans get water in their basements when there is a storm, and even the they
houses across Ellington Road have water in their basements. the
E
Mrs. Montana , said that the Cormier house has an elevation of 244, an. acce
roughl-y the elevation for the proposed subdivision is 243, which i_ �1ate
only 1 foot lower. She said there has been mention of underdrains.
footing drains. She asked if that would be necessary in the Bridle Emil
Subdivision, and Mr. Martel said with footing drains there shouldn't dowr
be water in the basements, but the yards will be a different story: due
Mrs . Montana asked if the State extended the drainage pipe, would the
help, and Mr. Martel replied that the channel is pretty well establ six
from the end of the pipe towards the Ireland property. Mrs. Rossi.
a question about drainage from Bridle Wood going into Windshire Abbe
C6J
i
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PROPOS�d BL.oG FLOOR �
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GNCSSA A AlPARC��- � Li
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ar�ENT� � 405
i
4 AVENvE
SULL/VAN
. .... . .........
? CiAS AAvD WATER
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F
�~ 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
�rlosoe•Co AREA CODE 203/644-2511
April 8, 1985
William E. Grace, Esq.
25 Oakland Road
South Windsor, Ct. 06074
Dear Bill:
Re; App. #1058 - Raymond S. Holcombe/Warren E.
Howland - Site Plan of Development
Please be advised that the Planning and Zoning Commission voted
to approve the site plan of development for property located
between Ayers Road, Graham Road and Sullivan Avenue, in an A-20
zone, as shown on a plan prepared by Lucek Engineering Associates,
dated 3-7-85, revised to 3-29-85, subject to the following
modifications :
1. The plans shall be modified to show that the interior
sidewalk extends to the pavement on Ayers Road.
2. No building permits will be issued until the final plans
have been filed in the Town Clerk' s Office.
3. Prior to commencement of site work, a meeting must be held
with Town Staff.
Black and white transparent mylars of Sheets 1 and 3, and the
landscape plan, with the letters of approval of this Commission,
Zoning Board of Appeals and Town Council reproduced thereon,
together with three paper prints, must be submitted to this
Commission to be signed and stamped, after which they will be
filed in the Town Clerk' s Office.
Yours very truly,
PLA G AND ZONING COMMISSION
vg By --,&C
David H. Sorenson, Acting Chair an
CC: T. D'Auria, Building Official
P. DeMallie, Planning Director
R. Martel, Town Engineer
SOUTH WINDSOR CONSERVATION COMMISSION MINUTES
Monday, April 15, 1985
Page 2
Planned Unit Development publication for Spring/Sumer 1985 from the
Capital Region Council of Goverrments .
5. Conservation Plan - Raymond S. Holcombe and Warren E. Howland
Property located between Avers Road, Sullivan Avenue, and Graham Roa
Wm. E. Grace, Emil-Lucek, Greg Montana, present for the proposal.
The town decided that it would like to sell this parcel, and
there is now a contract to purchase by Raymond Holcombe and Warren
Howland to buy it.
.Mr. Grace explained that the idda. would be to abandon the old
Ayers Road and this is on the Town Council's Agenda for tonight
and the selling of the property. This would leave Ayers Road as the '
only access into the property. The limitations to this parcel was
that this parcel must be used only for parking - Limited to 20 space ,
with a way in. Mr. Grace explained that this is how they began thei
design of the project. The parcel contains a Conservation Easement
which would prevent any further building on the property. The size
of the building was limited - A-20 Zone designated by a ZBA variance j
Mr. Grace feels that this proposal is a good workable solution to thl 1'
parcel of land.
Gregory Montana , designer of the project: designed it so that
it was workable in regards to visibility, preservation of trees ,. et
Mr. Montana explained that the parcel drops e�f towards Sullivan Ave
He explained that there are goad existing treys on the parcel (maple
cherries, etc .) and every effort is being made to preserve them. He
noted that they used an initial approach tryi ,g to make it colonial r
cottage Like in structure so as not to abstrt5: t visibility. All wo
be single story buildings with low roof style The landscape archi
has enhanced the building proposed. Mr. Mort_ na explained that the-
floor has separate office space of approximat, ly 750 sq. ft. Dire
access is provided on both levels for the hancicapped.
E. Lucek explained that they have put "got of stress on to prey
the existing trees . He explained that as tnev work on the site that:
there will be some possible erosion of the property. He explained
all of the drainage will be retained on site in a retention pond.
they are working they intend to establish a hay bale erosion controli-
along the entire Western boundary of the parcel which will prevent a,.
soil or wind erosion going west of Sullivan Ave.
J. O'Sullivan asked if wind erosion would be prevented by any t
of covering disturbed areas . Mr. Montana noted that seeding would t
place promptly after any disturbance.
Mr. Montana explained that there is an existing stone wall on
property and they plan to take it and use it to develop a rough st
wall for retaining walls .
J. O'Sullivan asked if additional planting would be provided on
the property. Mr. Montana explained that there would be and this is'_
specified on the revised plans .
Mr. Grace explained that they can not do anything on the site w;
out acquiring the land from the town, and this would limit the park ,~.
spaces to 20. By agreement with PZC sidewalks would be provided so
you could walk off of Ayers Road along that entry way -and that eve
tually the sidewalks would go down to Sullivan Ave.
C. Lane was concerned with the shrubbery on the parcel and th ._
possible visibility limitations that it might impose. Mr . Grace
WINDSOR CONSERVATION COMMISSION MINUTES
a.y, April 15, 1985
3
lined that this is shown in the revised plans .
'A. B. Davies explained that he felt that this proposal was workable for
.area , but suggested the posting of a bond to insure erosion aid sedimen-
on control measures are done as specified on the plans. He also suggested
or tww more dry wells for ground water discharge.
-.T. Flynn asked if the water in the parking lot would be handled by dry
s. Mr. Lucek explained that some dry wells would be added and others
en out. The drainage would end up- in the detention system on: the north
of the site.. It would be a perculating- type of drainage system.
There being no- further discussion- E. Warren made the motion to approve
plan as submitted with a provision. for bonding. A. bond of $5,000 was
ested. Mr.- Montana otxiected to the amount explaining that he did not
i that bonding should be in the amount o.f 1007. of the landscaping cost.
Davies: explained that the- bonding would insure more. than the landscaping.
Commission was in agreement to discuss the amount of bonding after all
er Agenda items were reviewed and discussed. E. Warren withdrew the
on.
After all other Agenda items: were reviewed and discussed this item
brought before the- Commission for further discussion. After further
cuss.ion G. Lane made the motion to approve the Conservation Plan for
and S. Holcombe and Warrem R. .Howland, with condition, for property
ated between- Ayers Road, Sullivan Avenue,,. and GrahanL Roads. South Windsor,.
ecticute - Such,. plans- are: entitled- "Proposed Office Building,, South
c sor., Connecticut,Marren Howland-and Raymond Holcombe Owners and: Developers
pared by Lucek Engineering; Assoc. . Inc.... Sucli plans- are dated:. Pages L
2 dated 03/07/85,,_Page-,1 dated G2:/28/8:5.,..,Page: 4. dated 11/09/84- . and Pages:
T and S dated: 03-/L2/8 5- (no page 5 submitted) , no revis ions i The `following
3ition must be adhered to for this approval to be valid:
1. A Letter of credit or cash- bond, in:- the amount of. $5,000' is to be
fitted: to insure that erosion and sedimentation control measures and the
uence of operations are followed as shown on submitted Conservation Plan.
The motion was seconded by E. Warren. Voting in favor: E. Warren, J. Moran
O'Sullivan, and C. Lane, Opposed: S. Moynihan, K. Rennie, J. Flynn.
servation Plan - Evan`s Ctossin Application No . 294
petty located. west side of Avery Street. Emil Lucek and Wayne Gerlt pre-
for the: proposal.,
.I, .Moran noted that the- Conservation Plan was- not on file. in accordance
Conservation: Commd.s&ion. Regulations. Mr Lucek. explained -that that he
that this plan. is T revised plan. and he: was: not aware- of I a- deadline-- for-
submission, of ConservatYorr:-.Plans;._ He also. noted that the revised plans
e made in accordance with recommendations- made by- the Commission at the
ch 18, 1985 regular meeting.
Mr. Moran and the Commission were in agreement to review the submitted
ns , but noted that in view that the Town Staff has not reviewed it it
d not be able to rule on it this evening.
Mr. Gerlt noted that at the 3/18/85 Conservation Commission meeting
t the Commission had made several requirements in regards to several
s not being addressed clearly on. the. plans and otherrnot being on- the
He. indicated that the Town Staff indicated that work has been done
the site and that Mr., Davies objected to this. Mr.: Gerlt explained that
ad been unaware: of- this, In-_ disucasiog, the matter with. Mr._. Lucek, Mr
k explaFined that he: understood that he had: Towm:Staff permission tq dd
work. :_This- work- invo lved the laying- of some large sanitary: pipe int a
O F
w� -1, Ole Soum,
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
S . 0�� AREA CODE 203/644-2511
April 17, 1985
Raymond S. Holcombe and Warren E. Howland
c/o William E. Grace
25 Oakland Road
South Windsor, Connecticut 06074 CERTIFIED MAIL
RE: Holcombe/Howland Conservation Plan
Dear Sir:
At the April 15, 1985 meeting,the South Windsor Conservation
Commission approved your Conservation Plan pertaining to property
located between Ayers Road, Sullivan Avenue, and Graham Road, with
condition.
The approval was based on plans entitled "Proposed Office Building,
South Windsor, Ct. , Warren Howland and Raymond Holcombe, owners and
developers", prepared for Warren Howland and Raymond Holcombe by Emil
Lucek Associates. Such plans are dated March 7, 1985, having no re-
visions; sheets 1 through 8 of 8. The following condition must be
adhered to for this approval to be valid: .
1. A Letter of Credit or Cash Bond in the amount of
$5,000 is to be given to insure erosion and sedi-
mentation control measures and the sequence of
operations as specified on the submitted plans
are adhered to.
Very truly yours,
John Moran, Jr. , Chairm n
Conservation Commission
Town of South Windsor
JM/se
cc: A. B. Davies, Deputy Town Enginer
Hobert F. Gilligan, Chairman PZC
Jacqueline J. Smith, Town Clerk
Clarence Welti, P.E.
..,,.;:CONSERVATION AND BEAUTIFICATION EASEMENT
' } i.,. .{ 7° a •' :' r•''j�,:.?•;I;....i.e��,;� w'✓'S�:i'tt *'jr•Zf�Ys.iTt�`i�".T p. 6' :.: l •r;�'his Conservation•,Easement made� �
�this 17th day"'of May,y�•'�1985 . •`t :
by and between RAYMOND S.. HOLCOMBE••and' WARREN E. HOWLAND 'hereinafter i
called".-"GRANTORS" , 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 GRANTORS are the owners of real property, hereinafter
described on Schedule A attached hereto and incorporated herein by
reference, and , also shown -on a map entitled: "PROPERTY OF WARREN E.
HOWLAND GRAHAM & AYERS ROAD SOUTH WINDSOR CONN LUCEK ENGINEERING ASSOC.
INC. `SCALE 1"-100 ' DATE 3-7-85 REVISIONS NO. 1 STAFF COMMENTS 3/29/85
DRAWN. .MLO CHECKED EWL PROJECT 80-111 SHEET 1 OF 8" to be filed- in the
South -Windsor Town Clerk 's office, situated 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 i
retai n, maintain and conserve as open space, in its natural• state a �
portion of the premises of the GRANTORS, other than the area for
construction of an entry road and sidewalk., as shown on said map;
WHEREAS, the GRANTEE, acting through its appropriate municipal I
agencies, has determined that the maintenance and conservation of said
property. indicated on said map as subject to a Conservation Easement,
can best be accomplished by the securing by the GRANTEE of a
Conservation Easement over, across and upon . the said property of - the
GRANTORS; and:
WHEREAS, the GRANTORS are willing, ,•in consideration of the need to i
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;
NOW, THEREFORE, the said GRANTORS do hereby give, grant, bargain and
confirm unto the said GRANTEE,• its successors and assigns forever-,the
right, privilege and authority 'of a conservation easement and j
restriction to perpetually preserve, protect, limit, conserve and
maintain the land hereinafter described in its present natural, scenic
and open condition, and to beautify said 'land.,�'including the planting
of trees and bushed thereon; and the right to enter upon 'said-land for
the aforementioned purposes.
THE GRANTORS FURTHER COVENANT AND AGREES
I . To prohibit and refrain from the following operations on said
premises, 'unless prior written express consent is obtained from the
GRANTEE, acting through. its appropriate municipal agency or successor:
(a) the construction or placing of buildings, . structures,
improvements, roads and sidewalks, and signs, on or about the premises
other than as shown on said map, parking spaces being limited to twenty
(20) and amesite driveway as shown, being .-what-has been aproved by the
Planning and Zoning Commission, the Zoning :Board' of Appeals,, and the
Conservation Commission. .: " �';.
1. (b) the dumping or placing•/of soil.'or' other substances or
materials as land fill. or dumping or placing of trash., ashes., waste.,
rubbish, junk, garbage or unsightly or offensive'°materials;
(c) the excavation, dredging or removal of- loam., peat.,
gravel, soil, rock or. other mineral substance.;
(d) r the removal or destruction of live trees, shrubs or
natural vegetation, the killing of wildlife, or any other -activity or
use detrimental to drainage,- flood control, water conservation, erosion
control, soil conservation, wildlife or the maintenance of the land and
wetland areas in their natural, scenic, ,• open condition...
2. To maintain, repair and preserve the area within said -
Conservation Easement in its present.,, natural., scenic and 'open
condition.
0
The foregoing Conservation Easement shall be permanent and shall
'e 'bfnding upon the GRANTORS and their heirs, successors and assigns,_
and shall inure 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 and behoof.
IN WITNESS WHEREOF, the GRANTORS and GRANTEE have hereunto set
their hands and seals the date and year first above-mentioned,
Signed, Sealed and Delivered GRANTORS:
in the presence of-
4
thryn E. Williams AS TO RS11 R MOND S. HOLCOMBE
Kathy Kozlenk ASTO RS11
ZA011
ARREN E. E OWLAND —
Sy via Geergea AS TO WEED
GRANTEE:
John 1, . Case AS TO WEH TOWN SOU H WI• DSO _ "•
exv By
.s'. Its Town M ger, '
eon �= �p� � duly author zed
STATE F FLO IDA ) M C•C _
y. COUNTY OF rS'/�n A S)?"A ) ss. R 9164 1985
.. Personally appeared, Raymond S. Holcombe, Signer of the foregoing
Iristrum.ent;and acknowledged the same to be his free act and deed, -
:before me;-., :..
' - _KAJ }� L4 a utit
Notary Public
STATE OF CONNECTICUT) My Commission Expires: 5/g'• �►
* ss. South Windsor April 23 , 1985
COUNTY OF HARTFORD )
Personally appeared, Warren E. ' Howland, Signer of the foregoing
Instrument and acknowledged the 'same to be his free act and deed,
before me.
J n M. Ca ey
Commis over the Superior Court
N
M ;
-STATE OF' CONNECTICUT). _ --
* ss. South Windsor -7l , 1985
COUNTY OF -HARTFORD )
Personally appeared Bc44eed who acknowledged himself
to be the Town Manager of the Town of South Windsor, a corporation,, and
tie as such Town Manager being authorized to do so, executed the
foregoing Instrument for the purposes therein contained by signing the
name of the corporation by himself as Town Manage , before me.
Commissioner of the Superior Court
f ,
VoIume 406 Page N? . 00
CONSERVATION AND B "MrIc"101 EA3EREs! - 0 i 913
This Conservation Easement made this 17th day of May, 1985
J by and between RAYMOND S. HOLCOMBE and WARREN E. HOWLAND hereinafter
called "GRANTORS",. 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 GRANTORS are the owners of real property, hereinafter
described on Schedule A attached hereto and incorporated herein by '
reference, and also shown on a map entitled: "PROPERTY OF WARREN E.
HOWLAND GRAHAM S AYERS ROAD SOUTH WINDSOR CONN LUCE9 ENGINEERING ASSOC.
INC. SCALE 1"-100' DATE 3-7-85 REVISIONS NO. 1 STAFF COMMENTS 3/29/85
DRAWN MLO CHECKED EWL PROJECT 80-111 SHEET 1 OF 8' to be filed in the
South Windsor Town Clerk's office, situated 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 GRANTORS, other than the area for
construction. of an entry road and sidewalk, as shown on said map;
WHEREAS, the GRANTEE, acting through its appropriate municipal
agencies, has determined that the maintenance and conservation of said
property indicated on said map as subject to a Conservation Easement,
can best be accomplished by the securing by the GRANTEE of a
Conservation Easement over, across and upon the said property of the
GRANTORS; and
WHEREAS, the GRANTORS are 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;
NOW, THEREFORE, the said GRANTORS do hereby give, grant, bargain and
confirm unto the said GRANTEE, its successors and assigns forever the
right, privilege and authority of a conservation easement and
f restriction to perpetually preserve, protect, limit, conserve and
maintain the land hereinafter described in its present natural, scenic
and open condition, and to beautify said land, including the planting
of trees and bushes thereon; and the right to enter upon said land for
the aforementioned purposes.
THE GRANTORS FURTHER COVENANT AND AGREES
1. To prohibit and refrain from the following operations on said
premises, unless prior written express consent is obtained from the
GRANTEE, acting through its appropriate municipal agency or successors
(a) the construction or placing of buildings, structures,
improvements, roads and sidewalks, and signs, on or about the premises
other than as .shown on said map, parking spaces being limited to twenty
(20) and amesite driveway as shown, being what has been aproved by the
Planning and Zoning Commission, the Zoning Board of Appeals,. and the
Conservation Commission.
(b) the dumping or placing of soil or other substances or
k. materials as land fill or dumping or placing of trash, ashes, waste,
rubbish, junk, garbage or unsightly or offensive materials;
(c) the excavation, dredging or removal of loam, peat, �-
gravel, soil, rock or other mineral substance;
(d) the removal or destruction of live trees, shrubs or
natural vegetation, the killing of wildlife, or any other activity or
r use detrimental to drainage, flood control, water conservation, erosion
ti control, soil conservation, wildlife or the maintenance of the land and
s
wetland areas in their natural, scenic, open condition:
2. To maintain, repair and preserve the area within said
Conservation Easement in its present, natural, scenic and open
condition.
y,
I
i
=i
Volume 406 Page No 065
I 'W'AGO-{VAMMY D••d,Indl•Idwl at cw"nu« 1
itI l Ju►wa awraa06.Iw..Law ew.rwwwaaa (I
• ti
f.. I TM O A LEGAL WSTRU lY1EttT AND SNO{RO p VNL�tfN 110p Of AN ATTORNEY
- l � 2:0 vII vevpie to = vm tijege preaItt, sbau QCvme, areetittg:
IiI RnOW the TOWN OF SOUTH WINDSOR, a municipal corporation having its
„I territorial limits within the County of Hartford and State of Connecticut hereinafter
Ii also' called "Grantor", acting herein by its Town Manager, Richard J. Sartor, duly
authorized,
II
h j
j 'jl I
for the consideration 01 TWENTY THOUSAND ($20,000.00) DOLLARS
.;I received to its fall satisfaction of RAYMOND S. HOLCOMBE of the Town of South Windsor and
IiI WARREN E. HOWLAND, of the Town of Manchester, both of the County of Hartford and State
of Connecticut, hereinafter also called "Grantees",
fit i
!i
do es give,8 great,bargain,sell and confirm auto the said RAYMOND S. AOLCOMBE and WARREN E. HOWLAND,
their heirs and assigns forever, as tenants in common, a certain piece or parcel of
County of Hartford and State of Connecticut
i
land with the improvements located thereon situated in the Town of South Windsor,
described as follows: I
, being more particularly bounded and
NORTHERLY: By the currently used Ayers Road; j
t EASTERLY: By Graham Road; I
'il I
WESTERLY: By Sullivan Avenue; and
'j SOUTHERLY: By land of.the Grantees.
I Being approximately 1.4 acres.
The Grantor hereby reserves to itself, its successors and assigns, the right to main-
tain, repair and reconstruct various utility lines or pipes presently installed and
existing in the above-described promises which include the abandoned Ayers Road, said
li utility lines or pipes including, but not limited to, a gas line of The Connecticut
Light and Power Company I' and
water line of above described premises are ahereby conveyed Texpressly tsubject tto asucharightnandhsuch
existing utility lines or pipes. I
I
The said premises are conveyed subject to any tax assessment hereinafter made and taxes'
,( which become due which the Grantees herein assume. I
Rel eiCed_for Rocord MAY 171985 ,�
Attest
I I' -
11I Aast•. 9owa Cl
'I
,II
ra i
,�t
F�.
Volume 406 Page No 065 —
W TRee—Warie-tr Dmd,tndt•lattstss Csspsnur
aLYYM"a.Mu..LAW SLAM�WLNM�N
t I THN tf A UG"*dT7tUM1NT AND smcR"N gXgCUTIV UNM"QytupN Of AN ATTORNlY
it TO aU POPIt to WbOm tbtlt I)MMt-1 stall Come, gritting:
the TOWN OF SOUTH WINDSOR. a municipal corporation having itsterritorial limits within the County of Hartford and State of Connecticut hereinafter
Ili also' called "Grantor", acting herein by its Town Manager, Richard J. Sartor, duly
authorized,
I
t I i j ( for the consideration of TWENTY THOUSAND ($20.000.00) DOLLARS
Y. ;( received to its full sadsfaction of RAYMOND S. HOLCOMBE of the Town of South Windsor and' I
WARREN E. HOWLAND, of the Town of Manchester, both of the County of Hartford and State i
:if of Connecticut, hereinafter also called "Grantees",
t does give,grant,bargain,sell and con&m note the said RAYMOND S. HOLCOMBE and WARREN E. ROWLAND,,
�i their heirs and assigns forever, as tenants in common, a certain piece or parcel of
i land with the improvements located thereon situated in the Town of South Windsor,
H i County of Hartford and State of Connecticut, being more particularly bounded and
described as follows:
ii NORTHERLY: By the currently used Ayers Road; I
EASTERLY: By Graham Road;
WESTERLY: By Sullivan Avenue; and
( i SOUTHERLY: By land of.the Grantees. i
Being approximately 1.4 acres.
The Grantor hereby reserves to itself, its successors and assigns, the right to main-
tain, repair and reconstruct various utility lines or pipes presently installed and
existing in the above-described premises which include the abandoned Ayers Road, said
utility lines or pipes including, but not limited to, a gas line of The Connecticut
!; Light and Power Company and a water line of The Connecticut Water Company, and the I
z_. if above described premises are hereby conveyed expressly subject to such right and such
existing utility lines or pipes. i
i
The said premises are conveyed subject to any tax assessment hereinafter made and taxes)
,i which become due which the Grantees herein assume.
�
�1 R I elLd for R000rd MAY 171985 `__._ st�����' W, attoet
y .• Lat..Rorn Cl
II� i
a,
f r
v-
5/16/85
According to Dick Rittenband it is not
necessary for this Conservation easement
to go through Town Council since the Council
voted to sell the land subject to the easement.
Dick recorded the easement this morning.
Ginny
'r
CONSERVATION AND BEAUTIFICATION EASEMENT
This Conservation Easement made this 17th day of May, 1985
by and between RAYMOND S. HOLCOMBE and WARREN E. HOWLAND hereinafter
called "GRANTORS" , 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 GRANTORS are the owners of real property, hereinafter
described on Schedule A attached hereto and incorporated herein by
reference, and also shown on a map entitled: "PROPERTY OF WARREN E.
HOWLAND GRAHAM & AYERS ROAD SOUTH WINDSOR CONN LUCEK ENGINEERING ASSOC.
INC. SCALE 1"=100 ' DATE 3-7-85 REVISIONS NO. 1 STAFF COMMENTS 3/29/85
DRAWN MLO CHECKED EWL PROJECT 80-111 SHEET 1 OF 8" to be filed in the
South Windsor Town Clerk 's office, situated 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 GRANTORS, other than the area for
construction of an entry road and sidewalk., as shown on said map;
WHEREAS, the GRANTEE, acting through its appropriate municipal
agencies, has determined that the maintenance and conservation of said
property indicated on said map as subject to a Conservation Easement,
can best be accomplished by the securing by the GRANTEE of a
Conservation Easement over, across and upon the said property of the
GRANTORS; and
WHEREAS, the GRANTORS are 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;
NOW, THEREFORE, the said GRANTORS do hereby give, grant, bargain and
confirm unto the said GRANTEE, its successors and assigns forever the
right, privilege and authority of 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, and to beautify said land., including the planting
of trees and bushes thereon; and the right to enter upon said land for
the aforementioned purposes.
THE GRANTORS FURTHER COVENANT AND AGREE:
1. To prohibit and refrain from the following operations on said
premises, unless prior written express consent is obtained from the
GRANTEE, acting through its appropriate municipal agency or successor:
(a) the construction or placing of buildings, structures,
improvements, roads and sidewalks, and signs, on or about the premises
other than as shown on said map, parking spaces being limited to twenty
(20) and amesite driveway as shown, being what has been aproved by the
Planning and Zoning Commission, the Zoning Board of Appeals, and the
Conservation Commission.
(b) the dumping or placing of soil or other substances or
materials as land fill or dumping or placing of trash., ashes, waste.,
rubbish, junk, garbage or unsightly or offensive materials;
(c) the excavation, dredging or removal of loam., peat,
gravel, soil, rock or other mineral substance.;
(d) the removal or destruction of live trees, shrubs or
natural vegetation, the killing of wildlife, or any other activity or
use detrimental to drainage, flood control, water conservation, erosion
control, soil conservation, wildlife or the maintenance of the land and
wetland areas in their natural, scenic, open condition.
2. To maintain, repair and preserve the area within said
Conservation Easement in its present, natural., scenic and open
condition.
n
a
^' The foregoi4g Conservation Easement shall be
Ey permanent
be binding upon the GRANTORS and their heirs, successors and aassigns,
and shall inure 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 and behoof.
IN WITNESS WHEREOF, the GRANTORS and GRANTEE have hereunto set
their hands and seals the date and year first above-mentioned.
Signed, Sealed and Delivered GRANTORS:
in the presence of-
I
hryn E. W' lliams AS TO RSH RA MOND S. HOLCOMBE
. AY,7-7 e,
Kathy t?_KozleAkQ ASTO RSH
ARREN E. HOWLAND
S via Geergead AS TO WEH
GRANTEE: - -
John Case AS TO WEH TOWN SOU H WI DSO ".-
t
cxv By -
r `
Its Town M ger,
�'d•s• duly authorized
STATE` F FLO ID ) V�NICE
y. COUNTY OF 2ASD"rFt ) ss. RPf'tiL l91"' , 1985_
.. -' Personally appeared, Raymond S. Holcombe, Signer of the foregoing
- - Ifistrur'e_n"t,and acknowledged the same to be his free act and deed,
_before me:
e r i eP-6 o ul%t
Notary Public
STATE OF CONNECTICUT) My Commission Expires: 5 Iff-67
COUNTY OF HARTFORD ) ss' South Windsor April 23 , 1985
Personally appeared, Warren E. Howland, Signer of the foregoin
Instrument and acknowledged the'same to be his free act and deed, g
before me.
J n M. Ca ey
Commis oner the Superior Court
N
--STATE--OF--CONNECTICUT) ,. .__ --
* ss. South Windsor ., � 17l 1985
COUNTY OF HARTFORD )
Personally appeared C�i��4 � • s �7P z who acknowledged himself
to be the Town Manager of the Town of South Windsor, a corporation,. and
he as such Town Manager being authorized to do so, executed the
foregoing Instrument for the purposes therein contained by signing the
name of the corporation by himself as Town Manage , before me.
Commissioner of the Superior Court
W 1286—Warranty Deed,Individual or corporation JULIUS BLUMBERG.INC..LAW BLANK PUBLISHERS
` THIS IS A LEGAL INSTRUMENT AND SHOULD BE EXECUTED UNDER SUPERVISION OF AN ATTORNEY
I Zo all Veople to Ubom tjege Preanto sojall Come, erecting-,
lt=b) Nt. Qat the TOWN OF SOUTH WINDSOR, a municipal corporation having its
territorial limits within the County of Hartford and State of Connecticut hereinafter
also called "Grantor", acting herein by its Town Manager, Richard J. Sartor, duly
authorized,
i��I
!! for the consideration of TWENTY THOUSAND ($20,000.00) DOLLARS
i�
received to its full satisfaction of RAYMOND S. HOLCOMBE of the Town of South Windsor and i
WARREN E. HOWLAND, of the Town of Manchester, both of the County of Hartford and State
of Connecticut, hereinafter also called "Grantees",
I�
do es give,grant,bargain,sell and confirm unto the said RAYMOND S. HOLCOMBE and WARREN E. HOWLAND, i
�i
their heirs and assigns forever, as tenants in common, a certain piece or parcel of
land with the improvements located thereon situated in the Town of South Windsor,
County of Hartford and State of Connecticut, being more particularly bounded and
described as follows:
NORTHERLY: By the currently used Ayers Road;
ill EASTERLY: By Graham Road;
� �I 1
�i WESTERLY: By Sullivan Avenue; and
!i SOUTHERLY: By land o£ .the Grantees.
Being approximately g 1.4 acres. I
The Grantor hereby reserves to itself, its successors and assigns, the right to main-
tain, repair and reconstruct various utility lines or pipes presently installed and
existing in the above-described premises whidh .inGlude the .abandoned Ayers Road, said
utility lines or pipes including, but not limited to, a gas line of The Connecticut
Light and Power Company and a water line of The Connecticut Water Company, and the
above described premises are hereby conveyed expressly subject to such right and such
ji existing utility lines or pipes.
The said premises are conveyed subject to any tax assessment hereinafter made and taxes
which become due which the Grantees herein assume.
i
'I
i
�j
i
{I i
ii I
tOW N SF4
7-o wn_ 0112
wG 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR•Co AREA CODE 203/644-2511
June 10, 1985
i
Mr. Raymond S. Holcombe
35 Oakland Road
South Windsor, CT 06074
RE: AS-BUILT DRAWINGS
FOUR LOT SUBDIVISION AT GRAHAM AND NEVERS ROADS
Dear Mr. Holcombe:
An as-built plan, dated 5-8-85 , has been submitted for the
above subdivision. Chapter 4 of the Subdivision Regulations ,
copies enclosed, spell out the conditions required for final
approval by the Town. Until these conditions have been met,
the bond shall not be released.
If you have any questions , I can be contacted at 644-2511,
extension 244 .
Very truly yours,
*90
A. Bowen Davies
Deputy Town Engineer
ABD:bmr
Enclosures
cc: R. Martel, Town Engineer
Peter DeMallie, Director of Planning
eMO IrOM
TOWN OF SOUTH WINDSOR
TOWN HALL
SOUTH WINDSOR, CONN. 06074
TO Virginia Graney DATE 11/19/86
Secretary
Planning & Zoning Commission
L L
SUBJECT: Holcombe/Howland - We
iew Office Buildi - Release of
FOLD- $5 ,000 conservation '
At the November 17, 1986 meeting of the South Windsor Inland
Wetlands Agency/Conservation Commission, they approved the
request by Attorney John Casey to recommend to the. Planning
and Zoning Commission to release the $5,000 conservation
bond for Westview Office Building located on Sullivan Avenue.
Thank you,
B L.
y
Deborah L. Belliz
if
Secretary - IWA/CC
d
P �SO�N 8f N '9
7-0-wn' 0-1-0e SotdA ?A�17�
C.) 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074
f�osoe,co AREA CODE 203/644-2511
January 14, 1987
John Casey, Esq.
25 Oakland Road
South Windsor, Ct. 06074
Dear Jack:
Re: , IP i - Westview Office Building
Please be advised that the Planning & Zoning Commission voted
last night to release the $5, 000 bond it was holding to
ensure compliance with the conservation plan in the above matter.
Therefore, I am returning herewith Passbook 00148919 of Savings
Bank of Manchester in the name of Westview Office Park.
Yours very truly, .
PLANNING & ZONING COMMISSION
By: IAU-U�je'
Louise C. Evans, Chairman
enc.
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
�emo from
TOWN OF SOUTH WINDSOR
TOWN HALL
SOUTH WINDSOR, CONN. 06074
TO Virginia Graney
Secretary DATE 11/19/86
Planning & Zoning Commission
.L 1
SUBJECT: Holcombe/Howland - Westview Office Building - Release of
$5,000 conservation bond
At the November 17, 1986 meeting of the South Windsor Inland
Wetlands Agency/Conservation Commission, they approved the
request by Attorney John Casey to recommend to the Planning
and Zoning Commission to release the $5, 000 conservation
bond for Westview Office Building located on Sullivan Avenue.
Thank you,
BY L.
Deborah L. elliz
Secretary - IWA/CC
I
TOWN OF SOUTH WINDSOR
TOWN HALL
SOUTH WINDSOR. CONN.06074
TO Town Treasurer
Town of South Windsor DATE
1540 Sullivan Avenue
South Windsor , Ct . 06074
L
FOLD- SUBJECT: Drainage Assessment Fees - Planning and Zoning Commission
Enclosed is a check in the amount of $ _C . o� , which is
the drainage assessment fee collected for Application No .
Please deposit it in the proper account . Thank you .
By
PLANNING & ZONING COMMISSION
i
FPAY ��-
TOD CONTRACTORS, INC. 3005
5 VALLEY VIEW DRIVE
TH WINDSOR, CT 06074I
51-375
111O
THE / � ee � .
ORDER OF
ti P64 DOLLARS
MA19-OFJFI6E p
T H E�O c[�/L\'\V�Lt2u 50�1>QYLI�
A N D T R\�'�S�T C�bM�P ANY r
SOUTH'W1Np5S . k..
FOR -
II-003005n■ 1:0 L L LO3750l: L4754 I'
I9:
I�
TOWN OF SOUTH WINDSOR
ZONING B(�D OF APP�'S
4 1989
_ Pa a 15 _
�,nutes
spoke in favor
No one from the public -of this appeal•
135 Troy Road stated that this parcel is located in
Patrick Lauzier, problems with water since
n put on Troy
the wetland area and there have been ,
that an application was before the Zoning
Lauzier' moved to the bars in 1962. There was no slgbee
Road alerting the neigh
Board of Appeaund to
ls. Lauzier stated that Damiano's The lots are only a
the neighbors asking to purchase a right of way. Lauzier said that in
100 ft. wide and they
neighbors would not sehe' neighbors came to the
tion
1974 there was 2' of water on this land,
• 1 and the Mayor referred them to the S°The Serviceamade
Town council artment of Agriculture) .
Service (United States Dep involved that it was a
a survey of the area and informed the people properties on Troy
had not been a storm sewer syste�onstalled on Troy
watershed. There The
consequently the wateryards andinto the landlocked piece.
Road, This property is
Road, down through the back oorly drained soils .
soils were described at P omission for filling and
b the Connecticut Wetland Act end it cannot be fille .
regulated Y neighbors had asked p o over
Lauzier said that the brought
ro ert WOhtdin fill,
the fill was brought in the water on
had brought o .sto
whenro erties t P
to another property. Lauzier said water
his 1 of standing
he had to construct berms b saidnthereawasnd t2e tOx3 properties
the area to the
the flow of water. L gave pictures of
on the site in question A ddraiage pipe could be installed for
Commissioners to vie of a mile. The Pine Tree Plantation refused the
approximatelyfor4the drainage pipe.
right-of-way ainst
There was n
public to speak
0 others from the
in favor of or ag
this appeal.
he Commission that this lot is this blot with on the Town
Damaino informed t aid for
Map as a separate lot and taxes are pai consists of two acres
address being Troy Road. The whole parcel
osing to construct a pond
which they propose to divide. They are p P u the surrounding
husband has lived on the property for eleven
to take care of all the excess water and dry P
property. Damaino s
years . Road Extension
Liz lca tion 1938-89 : J. Rirb Holcombe 374 Abb the zoning
olication
south Winds or re uest a variance to se on°ro ert located on the
re ulations to allow rofessional offices
easterl side of A ers Road northwestern . side of Graham Road an
zone.easterl side of Sullivan Avenue A- the three
past the entire parcel bounded by
Holcombe said that ential
in the P The board det determined
that
hatoreconstruct
roads was zoned residentially• ranted a
use was no appropriate and g
TOWN OF SORTS WINDSOR
ZONING BOARD OF APPEALS
Minutes Pa a 16 May 4 1989
professional offices. The present Westview Office Park is a pro
of that variance. Holcombe is proposing professional offices on
north side of the property. The building will be approximately 3
to 5000 sq. ft. with its own parking. The architecture for the
building will resemble the existing office building.
There was no one from the public to speak in favor of or against` at
appeal .
a-=
Holcombe answered questions from the Commissioners. The new build"
will be not be joined to the existing building. There is enough ?ro
on the remaining area of this parcel for a office building anti
parking area. This area developed is known as Parcel 1. The_~16
entrance from Ayers Road will be utilized. Planning & Zoning w
to change the zone to RO. Parcel 1 was owned by the same people
years and the other section was town owned land. The reason`
Zoning Board of Appeals granted Holcombe his first variance was .-
the Commission was under the impression that the town owned ,
would remain as open space. In the meantime, Holcombe purchased,`
site from the town and is now before this Commission for a variant
Eriksson said that the Commission will review of minutes of`
meeting regarding the previous granting of the variance for
present office building. -
Application #1937-89: Gregory L. Montana 35 Alpine Drive "so
Windsor, request a renewal of two-year temporary and conditio
permit for a home architectural office on propertV located at
corner of Scott and Alpine Drive, AA 30 zone
Montana said that nothing has changed from the last permit. The
are no office workers, it is just a home office for his own usaq
He spoke to some of the neighbors asking them if they would ob je
to his continuance of the home office. There was no objections
some did not know that he had a home office.
No one from the public spoke in favor of or against this applicat 0
5 .
Montana answered some questions from the Commission. There are;
signs, and no change of ' character of the residence. There `,is
separate telephone number listed for the business . There are
people coming to the office for business, most of his work is ;do
with consultants in their offices. This office is a convenience;`
Montana. He proposes to establish an office in South Windsor in
near future.
Application #1939-89: Jill M. Andross, 1583 Ellington Road, Sou
Windsor, CT request a variance to sections 4 1 2 and 5. 2 of
zoning regulations to allow renovation ofPre-existing non-confo
use (duplex) to commercial office use on property located at 15U
1583 Ellington Road, RR zone.
TOWN OF SOUTH WINDSOR O Q 3 4
ZONING BOARD OF APPEAIS
w lion Minutes Page 9 May 11, 1989
A ,ALion #1932-89: Richard Damiano & Barbara McCarthy/aka Barbara
Da�m �� 17 Brookfield Street, South Windsor, a request for a
varsg-�`� to section 3.14.1 .& 5.2 of; the zoning regulations to_ allow_
;avelopment of a landlocked piece of property located on the
t=-��v side of Brookfield Street, RR zone.
eastL
The',t�'ssioners said that there is lack of acceptable access for
this K, and the size of the property is such that it does not
deem =self splitable. Also the property is very wet and the
are concerned about having more water shoved over onto-
nei%'T `�rs
' theiz roperties . There is not a good drainage system because this
pied �i land acts as a watershed presently for all the surrounding
pror*V%jes .
Anth,vk made the motion to deny Application #1932-89. The motion was
seccV�� by Murray. The motion carried and the vote was unanimous.
A 1�`�tion #1938-89: J. Kirby Holcombe, 374 Abby Road Extension,
� l�indsor, request a variance to section 4.3.1 of the zoning
Sout —,
requi Lions to allow rofessional offices on ro ert located on the
east�.� v side of Ayers Road, northwesterly side of Graham Road and
east l.-v side of Sullivan Avenue, A-20 zone.
The `Nsnissioners recalled a verbal agreement from Holcombe, when
ZoniNJ Board of Appeals granted him a variance for the first office
buil,.W19l that he would stay out of the town owned property which he
cou1,A aot get access over. That the approval was predicated on the
fact that the adjacent town owned land would presumeably remain as
f o en �F'ace thereby making the parcel approximate RO condition. Many
P changes have been denied for that piece of property since the
zone 1 approval. The town owned property consisted of land that was
orig<lta PP P P Y
takeN Lrom the original piece when the Town reshaped Ayers Road
leav4llj no frontage for the original piece. Holcombe in the meantime
has ,%«chased the town land from the Town and wants_ to construct
anot office building using the same access from Ayers Road that is
used for the existing office building.
Murrill made the motion to deny Application #1938-89 based on the
Board approval of the 1982 application on the basis that the rest
_ of tlid parcel was not to be developed because it was town land. The
moti,111 was seconded by Eriksson. The motion carried and the vote was
unan I "lot's .
Appl , ,:dtion #1939-89: Jill M. Andross, 1583 Ellington Road, South
WindLi+'.'� request a variance to sections 4'. 1 .2 and 5 .2 of the zoning
d
Lions to allow renovation of pre-existing non-conforming use
to commercial office use on property located at 1582-1583
Ellil-igt.on Road, RR zone.
3C
PLANNING AND ZONING COMMISSION 1 23 MAY 1989
PUBLIC HEARING/REGULAR MEETING SOUTH WINDSOR TOWN HALL
MEMBERS PRESENT: Hallowell, Evans, Sorenson,
Montana, Castro, and Rossi.
ALTERNATES PRESENT: Hart (sitting for Montana, Item 1
Of Public Hearing and Item 1 of .
Regular Meeting) ; and Fitzgerald.
PUBLIC HEARING
1 . Proposal of the Town of South Windsor to initiate a Zone
Change for property located at 1050 Sullivan Avenue, in the
triangle created by Ayers Road, Sullivan Avenue, and Graham
Road, total acreage 2. 25 acres, from Residential A 20 to
Restricted Office.
Mr. Hart was named to sit for Mrs. Montana, who had disqualified
herself.
Mr. Hallowell explained that the intent of the requested zone change
was to resolve two matters: (1) to have the property at 1050
Sullivan in a zone conforming to its use; and (2) to resolve an issue
where an abuttor has encountered problems with the zoning
regulations.
Assistant Town Planner Michele Lipe read the Planning Department
report:
1. Site size is 2.25 acres; current zone, A-20. There is an
existing 12,560 sq. ft. building with about 46 parking
spaces The site was originally composed of two separate
properties, and a variance was granted to allow development
of Parcel II as if it were a Restricted Office zone. Parcel
I, area 1.3 acres, has a conservation easement over it which
allows construction only of those buildings and pavement
shown on the site plan approved in ively what is
there now) .
2. Change of zone to RO will result in all RO requirements n
being applicable to the site -- including impervious coverage
limit of 50%, and buffer requirement along Ayers and Graham
Roads of ,25 ' .
3 . If the zone change enacted by PZC, a record map will have
to be filed in the Town Clerk's Office. The applicant has
consented to provide a reproducible mylar of the plan before
the Commission with a letter of zone change which the Town
will provide and which would satisfy the .Town's filing
requirement.
A letter from Dr. Daniel L. Segal (Attachment A) was read into the
record. Mr. Hallowell noted that its contents were not relevant to
the current application.
PLANNING AND ZONING COMMISSION 2 23 MAY 1989
Mr. Holcombe said he favored the proposal, and that there was
possible new construction under consideration that would warrant
attention to the parking issues raised in Dr. Segal's letter. Mr.
Hallowell asked Mr. Holcombe if he understood the full implications
of changing the zone from A-20 to RO; Mr. Holcombe said he did.
There was no other public or Commission input except Mrs . Rossi's
rejoinder that a zone change was the only matter under consideration.
The public hearing concluded.
REGULAR MEETING
CALL TO ORDER
PUBLIC PARTICIPATION
Mr. Hallowell noted that Mr. Musumano was present with his attorney,
and suggested that their area of interest be added to the agenda as a
last item. He also asked to add discussion of the just-heard zone
change to the beginning of the agenda. Mrs. Evans made a motion to
add both items as suggested, Mrs . Rossi seconded, and the motion
carried 7-0.
la. Proposal of the Town of South Windsor to initiate a Zone
Change for property located at 1050 Sullivan Avenue, in the
triangle created by Avers Road, Sullivan Avenue, and Graham
Road, total acreage 2. 25 acres, from Residential A-20 to
Restricted Office.
Mrs . Montana disqualified herself from participation in this matter
and left, and Mr. Hart was named to sit in her stead. The Commission
discussed the zone change briefly. Mrs. Evans voiced her surprise
that another building was contemplated, since she had understood that
the ZBA variance had been secured on the basis of the building now in
place. Mrs . Rossi made a motion to approve the 2.25 acre Zone Change
from A-20 to RO for property at 1050 Sullivan Ave. , Mrs . Evans
seconded, and the motion carried unanimously.
1 . Appl. #89-19P, Truck Trailers, Site Plan (addition to
existing industrial building) , southerly side of Sullivan
Avenue, GC Zone (action 6 01) .
Mrs . Montana returned for this matter and for the remainder of the
agenda. Atty. William E. Grace reviewed the history and particulars
of the application, noting that a town-requested fence is planned
along the westerly side and that plantings had been included to
beautify the addition. Engineer Joe Russo, Palmberg and Russo, was
also present and offered to answer any questions.
Mrs . Montana asked if fumes or overspray from painting operations
would drift throughout the site; Atty. Grace said no, painting was
self-contained and the owner, Gregory Samuolis, said these operations
met or exceeded all OSHA requirements.
r
.r
374 Abbe Road Ext.
South Windsor, Conn. 06074
December 3, 1990
Town Councilor
Town of South Windsor
1540 Sullivan Ave.
South Windsor, Conn. 06074
Dear Councilor,
At your December 10 Town Council Meeting, Warren Howland and I will be
meeting with you to discuss our request for modifications to the easements
on property owned by us on the corner of Sullivan Ave. and Ayers Road.
This letter contains information and background we hope will be helpful to
you in your decision process.
Warren Howland and Raymond Holcombe bought land containing a small old
house in 1961 . It was bounded by Graham, Ayers Road, and Sullivan Ave. The
Town subsequently relocated Ayers Road to the North leaving the Town with
1. 4 acres between the Howland - Holcombe piece and Ayers Road.
In March of 1983 the Public Facilities Task Force unanimously recommended
the sale of this property. Because of this property 's highly visible
location, however, they were concerned with its appearance. This was
stated by Deputy Mayor Jacqueline Smith, Co-Chair of the Public Facilities
Task Force, at the March 14, 1984 Council Meeting. Quoting from the
minutes of that meeting "The Task Force was concerned that the property be
maintained in an attractive manner. They would like it to be developed and
recommend that it be sold. " The Task Force, therefor, recommended
easements to ensure the land be attractively landscaped and maintained.
Mr. Sartor, during the June 11, 1984 Council meeting, indicated that the
P&Z was in favor of the sale with or without conservation or
beautification easements.
In the ensuing Council discussions on the sale of this property, two
concerns dominated the deliberations. They were:
1. That this land be attractively maintained.
2. The Town receive fair value for its sale.
Concern number 1, I believe, stemmed from two areas. The existing house on
the Howland - Holcombe land was old and unattractive. The Council wanted
to ensure that if our property was not developed that the Town property
would still be attractively maintained by us. Secondly, the Council, along
with homeowners and commercial interests in the area, were concerned over
the type of commercial development that would occur. What would the
building look like, who would the tenants be? If the development was
unattractive or the tenants operated in an unattractive manner the council
wanted to ensure that the Town's property was not affected and would
continue to be attractive.
J
To satisfy their concerns the Council placed a Conservation and
Beautification Easement on the property. The Council reserved the right,
however, to modify the agreement in the future if they so desired.
The conservation portion of the easement restricted development of the
property to a small parking area thus ensuring that if undesirable
development occurred it would not affect the Town property. The
beautification portion of the easement guaranteed perpetual attractive
maintainence.
Concern number two, the price the Town should accept, received lengthy
debate. At the public hearing on October 1, 1984, no one was opposed to
the sale of this property. A letter from Sandra Bender read at the hearing
objected mainly to the price proposed. This objection was reiterated by
Councilman Nichcolson as his main reason for casting the only negative
vote when the Council approved the sale of the property on October 1,
1984.
We agreed to the conservation and beautification easements as we were
confident we could satisfy the concerns of the Council in these areas. We
felt that if we were able to provide an attractive development to satisfy
the Council 's concerns, the Council may then exercise its powers, which it
specifically reserved in the easement document, to modify the conditions
of the easement to allow further development.
We feel we have accomplished this with development of the Westview Office
Park. It is generally agreed this is a very attractive addition to the
Town. The Council should be proud of it's part in enabling this Office
Park to be developed. We are now asking the Council to allow us to further
develop this property in the same beneficial and attractive manner.
We believe the benefits to the Town of further development of this
property would be:
1. Additional Town tax revenue.
2. Retention and expansion of South Windsor business (Thibodeau
Management Services, Inc. presently a tenant of Westview Office Park, is
the proposed major tenant of the new space to be built)
3. Compensation to the Town (the type and value of compensation needs
to be determined) .
It must be remembered the Town does not presently own this property.
Neither the Town nor the public can use this property in any way. The only
benefit that could be consigned to the Town at present is visual and we
propose to construct a visually attractive addition to the exceptionally
fine office park we have developed.
We would welcome your support at the Council meeting for what we believe
are substantial benefits to the Town.
Very truly yours,
J. Kirby Holcombe
MEMO
To: The Appraiser of the Town of South Windsor Conservation
and Beautification Easement.
From: J. Kirby Holcombe and Warren E. Howland
Subject: Appraisal of the value of modifications to the
Conservation and Beautification Easement held by the
Town of South Windsor on property of the Westview Office
Park Condominium Association.
BACKGROUND
We owned a parcel of property bounded by Ayers Road, Sullivan
Avenue, and Graham Road. The Town of South Windsor relocated
Ayers Road to the North, leaving 12 acres of land between our
property and the relocated Ayers Road. This blocked our access
to Ayers Road which was the only feasible commercial access
to our property due to the curves and bad sight lines on Graham
Road and Sullivan Avenue.
The Town determined this property was of no use to the Town.
They decided to sell it, and subsequently put it out to bid.
We were the one and only bidders.
Negotiations between ourselves and the Town Council resulted
in our acquiring the property in 1985 for $20, 000.00. Reflected
in this purchase price were both the restrictions of a
Conservation and Beautification Easement retained by the Town
and our entitlement to the right of access to Ayers Road after
the Town relocated the Road. The Conservation and Beautification
Easement restricted the development of this 112 acres to 20
parking spaces and a driveway as it now exists.
In 1985 a condominium office building was built on our property.
All the space was sold as condominium office space except 1200
sq. ft. which was retained by us. We also retained, in the
Condominium Documents, the Development Rights to the land area
included under the Easement.
As the businesses of the Unit Owners grew, it became apparent
that the Office Building was having a serious problem with
parking. Because the building is bounded by three streets which
prohibit parking, there is no alternative, convenient off street
parking.
As a solution to the inadequate parking, the Condominium Unit
Owners and we, the developers, have agreed to jointly pursue
a possible solution. The Condominium Unit Owners have agreed
to allow us to construct an addition to the existing office
building. The addition is to be occupied and sold to two of
the _present Unit Owners. We have agreed to provide and construct
at our expense, 18 additional parking spaces to be dedicated
to the existing building, and also to provide the required
additional parking spaces dictated by the new addition. We also
agreed to give up our development rights to the remaining
property.
EASEMENT MODIFICATION REQUESTED
To institute this solution for the Unit Condominium Owners,
it is required that the Town agree to modify it' s Conservation
and Beautification Easement to permit construction of up to
an additional 52 parking spaces with associated driveway. The
Easement Document in article 1 specifically provides for such
modification on authority of the Town Council. This new parking
area is shown on the attached plan entitled " Proposed Site
Plan, Alterations and Additions," Westview Office Building,
Sullivan Ave. , South Windsor, Ct. , Gregory Lewis Montana
Associates, Architects and Planners, Feb. 14, 1992.
THE APPRAISAL
The objective of the appraisal is to determine the compensation
Windsor for modifying it' s Conservation
due the Town of South y g
and Beautification Easement to allow for the construction of
this additional parking as shown on the site plan referenced
above.
FACTORS AFFECTING VALUE
1 . High Cost of Parking Lot Construction. At the present time
the storm water detention basins for the existing office complex
lie within the Easement area. Most of this existing above ground
detention basin storage capacity, as well as all of the new
storm water detention for the new parking, would have to be
placed underground in expensive concrete galleys. In addition,
the Easement area is bounded. on three sides by roads. This `
results in unusually high construction costs.
2. Extensive Landscaping. With the continuation of the
Conservation and Beautification Easement and because of the
high visibility of this area, extensive landscaping and shielding
of parked cars is sure to be a requirement of the Planning and
Zoning Commission.
3. High Risk and Expense of Obtaining Approvals. It is not
our intention to purchase the rights from the Town for
modifications to the Easement before all approvals for the site
y � r
plan have been obtained from Town agencies. However, all
expenses, both in time and money, are totally born by us for
this approval process. This, of course, will be a complete loss
if denied.
The Site Plan shows a total of 104 parking spaces proposed.
This is a maximum design number. We do not expect to have this
many approved. However, we must have a minimum of 90 total
spaces. With 90 total spaces approved, only approximately 42
new spaces would be constructed in the Easement area. This in
effect would mean the Easement modification would be for
construction of only 42 new parking spaces.
We also show on the enclosed plans an addition to the. existing
building of 4800 sq. ft. . This size is also a design maximum.
We must have, however, a minimum of 4, 000 sq. ft. approved.
These minimums for addition size and number of new parking spaces
are necessary in making the project feasible. The Condominium
Unit Owners can not pay for construction of 18 additional parking
spaces to solve their parking problems. The addition is the
vehicle which provides the resources for this parking solution.
The expense in pursuing approval is considerable. We first met
with the Town Council about this subject on December 10, 1990.
We have been working on this project ever since, and have spent
considerable money on architectural and engineering services,
and we still have not received formal approval from the Town
Council for modification of the Easement. Receiving this approval
is only the first step in the approval process We will still
have to pursue applications and receive approvals from the Town
Planning and Zoning Commission, Inland Wetland/Conservation
Commission, Architectural Review Board, and variances from the
Zoning Board of Appeals. It is only our willingness to pursue
this tortuous, risky path of approval that renders any value
to the Town for modifications to the Easement.
i
TT
374 Abbe Road Ext. <:
South Windsor, Conn. 06074 �41
January 4, 1991
Mrs. Louise C. Evans, Chairman �+iindsor� ( �
Planning and Zoning CommissionZoning Commiss'
Town of South Windsor
1540 Sullivan Ave.
South Windsor, Conn. 06074
Dear Mrs. Evans,
This letter is a request for an informal meeting to discuss a
proposed additional office building on the site of the Westview
Office Park, 1050 Sullivan Ave. , bounded by Sullivan Ave. , Graham
Road, and Ayers Road.
The site for this proposed building would be on land presently
encumbered by a conservation easement in favor of the Town of South
Windsor. We have met with the Town Council and requested the
easement be modified to permit this additional building. Members of
the Council desired input from the Planning and Zoning Commission as
to the appropriateness of this use for this land.
At this meeting we would like to present our preliminary plans for
an office building on this site and would appreciate the opinion of
the Planning and Zoning Commission on the appropriateness of this
use for this land area.
If there is any additional information you desire please feel free
to call me at 644-8535.
?Very#Kiy�
y S,
olcombe
cc: Lincoln H. Streeter, Mayor
Jean E. Zurbrigen, Town Manager
Marcia Banach, Director of Planning
R E C EIV E D
JAN 7 199l
374 Abbe Road Ext. 30.:.WINDSOR PLANNING DEPT;
South Windsor, Conn. 06074
January 4, 1991
Mrs. Louise C. Evans, Chairman
Planning and Zoning Commission
Town of South Windsor
1540 Sullivan Ave.
South Windsor, Conn. 06074
Dear Mrs. Evans,
This letter is a request for an informal meeting to discuss a
proposed additional office building on the site of the Westview
Office Park, 1050 Sullivan Ave. , bounded by Sullivan Ave. , Graham
Road, and Ayers Road.
The site for this proposed building would be on land presently
encumbered by a conservation easement in favor of the Town of South
Windsor. We have met with the Town Council and requested the
easement be modified to permit this additional building. Members of
the Council desired input from the Planning and Zoning Commission as
to the appropriateness of this use for this land.
At this. meeting we would like to present our preliminary plans for
an office building on this site and would appreciate the opinion of
the Planning and Zoning Commission on the appropriateness of this
use for this land area.
If there is any additional information you desire please feel free
to call me at 644-8535.
;V/e;fK' y�Holcombe
ys,
.
cc: Lincoln H. Streeter, Mayor
Jean E. Zurbrigen, Town Manager
Marcia Banach, Director of Planning
L
ti.
374 Abbe Road Ext. t
South Windsor, Conn. 06074 tivi;
January 41 1991
Mrs. Louise C. Evans, Chairman ; iga#� °'�'�Csor
Planning and Zoning Commission "ntn'? Commissi
Town of South Windsor
1540 Sullivan Ave.
South Windsor, Conn. 06074
Dear Mrs. Evans,
This letter is a request for an informal meeting to discuss a
proposed additional office building on the site of the Westview
Office Park, 1050 Sullivan Ave. , bounded by Sullivan Ave. , Graham
Road, and Ayers Road.
The site for this proposed building would be on land presently
encumbered by a conservation easement in favor of the Town of South
Windsor. We have met with the Town Council and requested the
easement be modified to permit this additional building. Members of
the Council desired input from the Planning and Zoning Commission as
to the appropriateness of this use for this land.
At this meeting we would like to present our preliminary plans for
an office building on this site and would appreciate the opinion of
the Planning and Zoning Commission on the appropriateness of this
use for this land area.
If there is any additional information you desire please feel free
to call me at 644-8535.
Ve y t u y s,
J. K1 y olcombe
cc: -Lincoln H. Streeter, Mayor
Jean E. Zurbrigen, Town Manager
Marcia Banach, Director of Planning
a
PEACHBROOKE
NEIGHBORING PROPERTY OWNER MEETINIGS AND DISCUSSIONS_---j
1990 LOG
Nov. 13-requested meeeting_w/ Dick Kelley to review a ache tic plan of the Sullivan ave/Sand
Hill/Ellington Rd. triangle showi potential expansion o eachbrooke as requested,-Dick was
unavailable, I left a copy w/ his C ice. /
Nov. 14.-Phone cony. wf Dick/1P
y
Reviewed schematic pick expresse that it looked good and he liked the expansion
concepts. Said he would disce plan w/ Hallowell.
Nov. 20-Met w/ Ray Hallowel5-5:30p at South Windsor Library
Reviewed Schematic p well a the updated plans and renderings for Feachbrooke.
Puey expressed many positivecomments n both. Discussed some revisions that needed to be make
to the schematic plan correctmee f the existi conditions. I requested that Ray speak in
favor of Peachbrooke at the PH ring. Ray state ha# his land would increase in value if we
were approved and that it +Mo est if he "stood on t ideiir�ea
Nov. 26-Phorw Conv, wf Rich oldDis-x.cabFd Rich's mtghe Vestry. The respotwe was favorable and that kLe will be
attending the public hearing to speak in favor of Peachbrooke.
1
tO. N "4
ayc
� V
1540 SULLIVAN AVENUE SOUTH WINDSOR• CONN. 06074
�NOSoe-ca� AREA CODE 203/644-2511
JEAN E. ZURBRIGEN
Town Manager January 7, 1991
Mrs. Louise Evans, Chairman
Planning & Zoning Commission
Town of South Windsor
1540 Sullivan Avenue
South Windsor, Connecticut
Dear Louise:
At the Town Council' s Work Session on December 10, 1990,
Mr. Kirby Holcombe requested that the Town Council modify
the Conservation Easement placed upon -his and Mr. Howland' s
property at 1050 Sullivan Avenue, in order to allow the
construction of an additional office building on the site.
As you will see in the attached Town Council Minutes, Mayor
Streeter has requested that the Planning & Zoning Commission
review the issue since, on May 23, 1989, a Zone Change from
A-20 to R.O. was effected for that particular parcel.
in light of that zone . change, and its implications, your
deliberations and conclusions will assist the Council
immeasurably.
Very truly yours,
To Manager
JEZ:prb
Attmt.
TOWN COUNCIL MINUTES .
DECEMBER 10, 1990
WORK SESSION
5 . Continued
at the East Windsor landfill as a possible source of the
odor. She informed the Council that the South Windsor pump
. station has been given a clean bill of health and has been
eliminated as a possible source of odors. Also, the DEP, as
of October 1, has been given the authority to site a company
merely based on the fact that there are many chronic
complaints. A permitting process is also being looked at
which would require a company to get a DEP permit making a
company's machinery subject to inspection. The DEP will be
sending inspectors in the field three days this week to do
some "in the field" testing. Councillor Kupchunos asked the
Town Manager to look into the cost of hiring a consultant to
get to the bottom of the odor problem soon. The Town
Manager cautioned that there may be some legal problems with
a consultant entering into businesses, etc. which would need
to be looked at. Deputy Mayor Brown suggested that the cost
of monitoring the air in. that area be investigated. Town
Manager Zurbrigen stated that she will continue to look into
this problem and hopefully the DEP will have more definitive
information after their inspections. Mayor Streeter
suggested that a decision on a more aggressive role in this
matter should wait until the DEP has met with the Town
Manager, hopefully by the end of December.
The Town Manager reminded the Council of the Public Hearing
on the Connecticut Water Company's rate increase at 7:00
P.M. , December 11 at the South Windsor Town Hall.
" -The recycling bid for condominiums was published in the
paper the week of December 3. Ms . Zurbrigen stated that the
Town is still awaiting written confirmation that the condos
want recycling, hold harmless agreements and documentation
of modification of the condominiums' bylaws.
6 . Items for Discussion
A. Presentation - Mr. Kirby Holcombe
Mr. Peter DeMallie of Design Professionals gave a
presentation on Mr. Kirby Holcombe's proposal for an
additional building on the parcel located at Ayers Road -
Graham Road - Sullivan Avenue, see attached Exhibit B,
known at the Westview Office Park site. Mr. DeMallie
explained that •the Conservation Easement of 1985 would
need to be modified if an additional building were
allowed on the parcel. He gave an in-depth description
of the site as it exists today and a history of
development of the parcel. Mr. DeMallie stated that .if
the Conservation Easement is modified to allow an extra
building on the site, the Town would gain -
- 2 -
.-TOWN COUNCIL MINUTES
DECEMBER 10, 1990
WORK SESSION
6 . A. Continued
!. Retention of present businesses in the complex
Expansion of the Grand List
Encourage quality office- development
Better utilization of business zoned land
Landscaping improvements where new building is
proposed
No loss of wildlife habitat
No loss of Town open space
No loss of passive or active recreation
In return for modification of the conservation
easement, the owners are willing to give the Town
monetary payment or off site improvements to the
benefit of the Town - improvements suggested by Mr.
DeMallie include sidewalks in the area or
improvements to Nevers Road Park.
Mr. DeMallie summed up his remarks by saying that Mr.
Holcombe's request is not that the Conservation Easement
be dismissed, some of the easement could be retained for
the original tract that was conveyed by the Town, and the
proposal would complement the present development while
providing increased Grand List and an attractive office
building for the Town.
Councillor Thatcher stated that she felt it was very
clear when the parcel was purchased that there would be a
conservation easement on the parcel. She felt a
Conservation Easement was a promise to the Town that the
area of the easement would remain open space.
Councillor Kerensky commented that this parcel was small
to begin with, the restrictions associated with the
parcel were very clearly spelled out when the property
was sold and everyone agreed to the restrictions. She
encouraged the developers to find another area in town
for their proposal.
Councillor Ryan stated that when the parcel was sold by
the Town to Mr. Holcombe and Mr. Howland, the price was
set clearly with the idea that use of the property was
restricted. He felt the Council was getting into a land
use issue and suggested the Planning and Zoning
Commission' be asked for input as to what it envisions for
that area and that parcel in particular.
Councillor Johnston stated that times have changed since
1984 and with the present economic. pressures and the
.attractive proposal for the parcel, he would be in favor
of the change.
- 3 -
f TOWN COUNCIL MINUTES
DECEMBER 10, 1990
WORK SESSION
6 . A. Continued
Councillor Kupchunos agreed that times have changed but
felt that the easement should be honored.
Deputy Mayor Brown recalled that the reasoning for
originally selling the parcel with the easement was' to
allow full use of Mr. Holcombe and Mr. Howland's parcel
in building the Westview Office park, not to add more
developable land to the parcel. He felt the_ Conservation
Easement should remain to maintain the original concept
the Council voted for in 1984. He felt the open space
protected by the Conservation Easement is valuable open
space on that commercial portion of Sullivan Avenue and
the land should not be developed.
Councillor Normen agreed with .Councillor Kerensky and
asked for clarification or documentation that would show
that the Conservation Easement was not a permanent
easement as stated in the Conservation and Beautification
Easement, a copy of which is attached hereto as Exhibit
C.
Councillor Futtner agreed with comments made by the
Deputy Mayor and Councillors Johnston. She also agreed
with Councillor Ryan's suggestion that input from the
Planning and Zoning Commission would be helpful.
Councillor Kupchunos expressed concern that the lifting
or modifying of this easement could set the precedent for
changes of other restrictions on other properties that
were envisioned to be permanently protected.
Mayor Streeter felt that it was the 1984 Council's
intention that the easement be a permanent restriction on
the land. He had the feeling that this Council was not
in favor of changing the easement, however, because of
the land use matter, he would like to have Planning and
Zoning's input. The Mayor also stated that the Town
Attorney would be asked for an opinion as to whether the
easement is a permanent easement.
Mr. Holcombe stated that Exhibit C gives the Council the
authority to modify the easement.
Deputy Mayor Brown wanted to make clear that he will
agree to .get an opinion from Planning .and Zoning -but he
does not support' in any way breaking the covenant on this
open space.
4
Conservation Easement
Utility Easement--Gas litre,
Water line
PROPOSES B[oG FLOOR
A�tEA . 1j,5b1 SF
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14
05
25' Buffer & 50' AVEwvE
Building Line SULL/VAN
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ai
IZZI
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WESTVIEW OFFICE BUILDING / 'A
i 1050 Sullivan Avenue p
i
EXHIBIT C
Yolntne 406 Pa-06 No .=063
CONSERVATION AND "Ay"F2CATZON EASENEa! 0 1 9 1 3
This Conservation Easement made this 17th day of May, 19S3
~ �J by and between RAYMOND S. HOLCOMBE and WARREN E. HOWLAND hereinafter
called 'GRANTORS*' and the TOWN OF SOUTH WINDSOR, a municipal
corporation having its tecritocial limits within the County of Hartford
and State of Connecticut, hereinafter called •GRANTEE•)
WITNESSETEs
' WHEREAS, the GRANTORS are the owners of teal property, hereinafter
. described on Schedule A attached hereto and incorporated herein by
reference, and also shown on a map entitled: •PROPERTY OF WARREN E.
HOWLAND GRAHAM i AYERS ROAD SOUTH WINDSOR CONN LDCEK ENGINEERING ASSOC.
INC. SCALE 1 m100 DATE 3-7—aS REVISIONS NO. I STAFF COM
MENTS MMENTS 3/29/83
DRAWN MLO CHECXED EWL PROJECT 80-111 SHEET I OF 8• to be tiled in the
South Windsor Town Clerk's office, situated 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 GRANTORS, other than the area for
conatruction• o! an entry toad and sidewalk, as shown on said map,
WHEREAS, the GRANTEE, acting through its appropriate WMicipal
' agencies, has determined that the maintenance and conservation of said
property indicated on said map as subject to a Conservation Easement,
can best be accomplished by the securing by the GRANTEE of a
Conservation Easement over, across and upon the said property of the
GRANTORS; and ,
r WHEREAS, the GRANTORS are rifling, 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 fog
the maintenance and conservation of said pcamises as open space;
*� • ' NOW. THEREFORE, the said GRANTORS do hereby give, grant, bargain and
confirm unto the said GRANTEE, its successors and assigns forever the
right, privil
ege eqe and authority of a conservation easement and
a restriction to perpetually preserve, protect, limit, conserve and
maintain the-land hereinafter described in its present natural, scenic
;• and open condition, and to beautify said land, including the planting
of trees and bushes thereon; and the right to enter upon said land !or
tit aforementioned purposes.
� . THE GRANTORS FURTHER COVENANT AND AGREES
To prohibit and refrain from the following operations on said '
premises, unless prior written express consent is obtained from the
GRANTEE, acting through its appropriate municipal agency or successors
(a) the construction or placing of buildings, strnetures,
Improvements, roads and sidewalks, and signs, on or about the premises
other than as shown on said map, packing spaces being limited to twenty
:'. (20) and amesite driveway as.shown, being what has been aproved by the -
Planning and toning Commission, the zoning Board of Appeals,. and the
Conservation Commission. -
(b) the dumping or placing of soil or other sub
atancei or
` materials as land fill or dumping oc placing of trash, ashes, waste,
rubbish, junk, garbage or unsightly or offensive materials;
_ te) the excavation, dredging or removal of loam# pest,
gravel, soil, rock or other minsral substance; '
(d) the removal or destruction of live trees, •shtubs or •
�f natural vegetation, the killing of wildlife, or any other activity or
.�. • use detrimental to drainage, flood control, water conservation, erosion
cont=ol, soil conservation, wildlife or the maintenance of the land and
wetland areas in their natural, scenic, open condition.
2. To maintain, sepals and preserve the area within said
Conservation Easement in its present, natural, scenic and open
condition.
,'• '
.40
e 406 Page N4 064
Yolum ... •-- : .:•
per,
and shall
• Conservation Basement shall beand
assigns. ,
'�. The foregoing NTEE• its suaaeasora and
diag�uPoo the GRANTORS sad their heirs,
• be bin the benefit of the GRA
end shall &ours to _ ts. Privileges ar '
assigns* anted righ ns forever. to
HOLD the above suaaossora and assig , #
TO HAVE AND a said GRANTEE, '
authoritl unto the per use and behOof•
its and their ors Prof GRANTEE have hereunto set `
YHERBOV, the GRANTORS first have-mentioned• !
IN VITHESS the data and 7
-their hands and seals GRANTORS1
Signed• Sealed and Delivered ,
in the preseaae of' •' !
C OMB ;
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sY� w 1 lams ;
Kathy xozle ASTO
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John.
by
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Its SONG x g ,••,�.. �„�:''' '
' �e .n �A .. �•R dull authorized
1985
Ord If.
STATE F 0 D i as.
AIlASoYA) the foregoing �
y.COUNTY Or � Signer O! ,i e
+...•Nrsoaalll aPPesNd• 3slmoad S. Bolb ehi
ed the ea�o to be his free not and deed•
z ..'w % and sakaorlsdg •
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19
. _ .'.^�;.•.:;......••�;_'� April 23 85
. .:t
STATE••Dg CONMECTICUt� as. South Windsor
. or BASTFOBD of the foregoing
COUnTT Signer
Varrea E. Borland• dead•
` Te;soaslll aPDeared.ed trio s&SO to be his free sat and
aakaorledt
Instrument OR
t
before see
t t Jo n K• C the Superior Court
Cosmic, one;
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7'
• STATE OF CONNECTICUT), aa• 3outb Stiadsor �
..
ed himself
COUNTY OF HARTFORD ) =r-44r'V f who aakaoN`eo�atioa• and
•.;.. l�IG a ao..D
personal lI appeared f the Tora of South Vjnd30r'zeouted the
author to d0 a0. signing the
tobe trio Timu xa, or being before se.
as suah Tora xaaag the purPOses therein aontaiaid by
foresolag jastrumeat for himself as Tore xaaage .
ease of trio nor ratiosFRI�4 —
bl.
1 e�'' ! the Superior Court
? Commissioner
374 Abbe Road Ext.
South Windsor, Conn. 06074
January 28, 1990
Planning and Zoning Commission
Town of South Windsor
1540 Sullivan Ave.
South Windsor, Conn. 06074
Re: Proposed additional office building on the Westview Office Park
site, 1050 Sullivan Ave. , bounded by Sullivan Ave. , Graham Road, and
Ayers Road.
Dear Commissioner,
Your listening to our informal presentation on Tuesday January 22
was much appreciated.
We feel the Planning and Zoning Commission has twice in the past
affirmed that office use is desirable for this parcel. At the time
of sale of this property by the Town in 1984, the Planning and
Zoning Commission indicated to the Town Council it was in favor of
the sale. In addition your Commission recently changed the zone for
this parcel from residential to restricted office.
What we are asking you today, as per Town Council request, is to
reaffirm that office use is appropriate for this 1 . 4 acre parcel.
For your information I am enclosing a copy of a letter to the Town
Council which explains the Town sale of the property and the
easement on it.
We appreciate your attention to this matter.
Very tr o s,
J. Ki y Holcombe
i
February 5, 1991
Mayor Lincoln Streeter
Town Council South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Mayor Streeter:
At the request of the Town Council, the Planning and Zoning
Commission informally reviewed Mr. Holcombe' s proposal for an
additional office building on the Westview Office Park site.
It was the consensus of the Commission to reaffirm that
Restricted Office is the appropriate zone for this site. After a
lengthy discussion, however, of the five Commission members that
were present and voting, three of the members felt the existing
Conservation Easement on the property should not be lifted for a
second office building. The concerns expressed included the
ability of the applicant to meet the 50 foot buffer requirement
along Ayers Road as well as their ability to meet the parking
requirements on that site. Two of the members felt that a small
office building designed carefully could be accommodated and that
existing parking would be improved as a result.
Please let us know if we can be of any further assistance.
Very truly yours,
PLANNING & ZONING COMMISSION
Louise C. Evans
Chairman
cc: Kirby Holcombe
PZC file
June 21, 1991
RIENORANDUK
TO: Jean Zurbrigen, Town Manager
RE: Conservation Easement
on Ayers Road and Sullivan Avenue Parcels
As per your request, I have estimated the value of the .8 acre
site as shown on the attached map. In addition, I have estimated
the value of the easement as a separate entity.
Based on the only current land sale available, I estimate the fair
market value of the .8 acre site at $42,400 without the
restrictions of the conservation easement. Because this easement
precludes any additional buildings, it is my opinion that this
easement accounts for 80% of the fair market - value. In other
words, the estimated value of this easement in my view is $34,000
(80% of the fair market value) .
Based on the tax revenue generated by this land and buildings
currently occupied on the remaining portion of this site,
construction of a similar building on this . 8 acre site would
currently generate approximately $1.80 in taxes per square foot of
building area. Example, a building of 10,000 square feet would
currently produce $18,000 in taxes which includes both land ( .8ac)
and buildings .
1
Ed a evi Ile, Assessor
EB/jh
Attachment
cc: Marcia Banch, Town Planner
MEMORANDUM:
TO: Jean E. Zurbrigen, Town Manager
FROM: Marcia Banach, Director of Planning'" �
DATE: June 26, 1992
RE: Conservation Easement, 1050 Sullivan Avenue
(Westview Office Park)
Per your request, I have contacted Ed Belleville, Assessor,
and Dick Rittenband, Town Attorney, in regard to the most recent
proposal by Kirby Holcombe and Warren Howland for the above-
referenced property. As you are aware, the current proposal includes
a 4800 +/- square foot addition to the existing building (outside of
the conservation easement) plus additional parking for 55 cars
(within the conservation easement) . The site currently has 48
parking spaces, of which 20 are located within the conservation
easement. Mr. Holcombe and Mr. Howland have suggested that the
existing easement could be amended to allow expanded parking within
the easement area.
Ed Belleville had prepared a memorandum to you dated June
21, 1991, estimating the value of the easement at $34,000 (i.e. ,
there is a $34,000 difference in the value of the land with the
easement vs the value of the land without the easement) . At the time
Mr. Belleville's memo was prepared, Mr. Holcombe and Mr. Howland were
proposing to construct a new building, plus associated parking,
within the conservation easement area. Mr. Belleville has
communicated to me that his estimate of the value of the easement is
not affected by the current proposal to construct only parking
facilities on the easement area. His rationale is that the ability
to construct additional parking as proposed results in a commensurate
increase in the ability of the remaining property to support
additional building space. Thus, according to the assessor, the
value of the easement is not a stand-alone value but is integrally
related to the remainder of the site. This estimate is also
unaffected if the easement is simply amended to include the
additional parking, for the same reason.
Dick Rittenband has indicated that per the Town Charter the
> • T
release or amendment of the easement must be brought to referendum if
the value of the easement is in excess of $25,000, regardless of
whether the Council receives actual monetary compensation for the
easement or simply amends/eliminates the easement.
I would also note that the current proposal virtually
covers the conservation easement with a parking area. Mr. Holcombe
and Mr. Howland have suggested that the conservation easement could
be amended to allow the additional parking. The existing easement
contains wording which would no longer be valid if such parking
amendment was incorporated, i.e. :
WHEREAS, THE GRANTEE. . .has determined that it would be in
the public interest to retain, maintain and conserve as
open space, in its natural state, . . . (emphasis added) ; and
NOW, THEREFORE, the said GRANTORS do hereby give . . . a
conservation easement and restriction to perpetually
preserve, protect, limit, conserve, and maintain the land
. . . in its present natural, scenic and open condition . . . . "
Further, neither the State of Connecticut nor our local
regulations include parking/pavement as a predominant use within a
definition of "open space. " Therefore, if the Council decides to
pursue the proposal, it would seem to be more appropriate to release
the easement rather than amend it as suggested.
MAB/pmm
MEMORANDUM:
TO: Jean E. Zurbrigen, Town Manager
FROM: Marcia Banach, Director of Planning
DATE: July 8, 1992
RE: Request of Councillor Rerensky for expanded chronology of
Holcombe/Howland office building
Per your request, I telephoned Nancy Rerensky on July 7 to
assist her with information regarding the Holcombe/Howland office
building. She requested an �expanded chronology of the site,
which would include all of the actions of all of the regulatory
Commissions; and a schedule of PZC's old parking regulations,
-- variances granted for parking on this site, and new parking
regulations.
Attached are (1) an expanded chronology, and (2) a schedule
of parking requirements.
I indicated to Nancy that I would leave the information she
requested with you and that she should contact you early next
week.
Holcombe) indicated his client was agreeable to
the conservation easement. Mayor Mitchell
indicated he was in favor of divestiture with the
proper conservation easements . Property value was
set at a figure which recognized the restrictions
and current residential zoning. General Council
consensus to proceed with sale.
February 6, 1984 Council - adopted Resolution to offer Ayers Road
property for sale. Resolution included
conditions:
( 1 ) The Town retain a conservation or right of
access easement to the property to maintain,
at the election of the Town, said premises for
beautification, planting of trees, bushes and
other similar purposes.
(2) The deed of said premises from the Town to
contain restrictions prohibiting the building
or erection of any structures or improvements
on the premises with the exception of a
driveway across the premises to Ayers Road and
further prohibiting the parking of vehicles on
said premises.
Feb. 21, 1984 Council - referred proposed sale of Ayers Road
property to PZC for advisory report.
June 11, 1984 Council - discussion re: sale of Ayers Road
property. Discussion re: PZC's report did not
contain any reference to the Council's proposed
restrictions . Continued affirmation by Councillor
that conservation easement necessary to maintain
landscaped appearance. Much discussion re: low
appraisal of property as an independent parcel
when it really has a much higher value to the
abutter.
June 18, 1984 Council - adopted Resolution authorizing hiring
real estate consultant to advise regarding
negotiation on sale of Ayers Road property.
July 16, 1984 Council - discussion re: appraisals of Ayers Road
property. All estimates of value were made with
assumption the property could not be built on.
Mayor Mitchell noted that the Council should make
it very evident to prospective buyers that the
property is subject to conservation easements .
w
April 15, 1985 IWA/CC - approved conservation plan. Applicant's
Attorney discussed Council's conservation easement
which would prevent any further building on the
property. Attorney Grace indicated that "this
proposal is a good workable solution to this
parcel of land. "
May 4, 1989 ZBA - request for variance to allow new 3,000 -
5,000 square foot building on conservation
easement area. Minutes note that the reason the
ZBA granted Holcombe his first variance was that
the Commission was under the impression that the
Town-owned land would remain as open space. Much
discussion re: ZBA's understanding that the Town
land would not be built on. Variance unanimously
denied.
May 23, 1989 PZC - initiated zone change from A-20 to
Restricted Office in order to settle lawsuit on
commercial property across Sullivan Avenue
(lawsuit was in regard to buffer requirements) .
Existence of the conservation easement was .
included in the public hearing report. During the
work session, Mrs . Evans indicated surprise that
another building was contemplated, since she had
understood that the ZBA variance had been secured
on the basis of the building now in place. PZC
approved zone change.
TOWN OF SOUTH WINDSOR
PLANNING &ZONING COMMISSION
3 1999_ Minutes 5 APRIL 13 1999
ITEM: Other
ng St.
sled in 1. Sabrina Pools
earings
land Ronald Nadeu, owner of Sabrina Pools, is requesting that he not be required to complete
the A-2 Survey for swimming pool installations He thinks the survey is unnecessary and
cited the increase in the fee as the prime reason for his request.
TING
Jerry Iazzetta responded that the Engineering Department requires the survey to ensure
that there are no adverse affects on adjacent properties. Proper grading is essential to
keep drainage problems at bay.
Mr. Nadeu wanted to know where in the Zoning Regulations it states this requirement.
Marcia Banach responded this policy was instituted by town staff because of problems in
be 24" f the past with water run off to nearby properties due to swimming pool installations.
Mr. Nadeu was asked to come back with a proposed amendment for the Commission to
review if he would like to pursue this further.
t to
ing. 2. Rotary Club/American Legion
ated Commissioner Mealy addressed his fellow Commissioners as a representative for the
s Amercian Legion and Rotary Club with their request that they r allowed to build a press
e box at the ballfield located to the rear of the Community Center without a formal site
ight plan application. The proposed building is approximately 16' x 40'. The two-story Press
Mr. box design will be compatible with the Community Center and will include a snack bar,
ne lavatories, storage space and the press box area.
Staff will review the request and report back to the Commission.
3. Westview Office Park
f
Dr. Barry Spaulding is requesting that he be allowed to convert vacant conventional
office space into medical offices at the Westview Office Park without having the required
number of parking spaces at this time. Dr. Spaulding plans to have his own office at this
time, and in the future to convert the remainder of-the office into a medical office with
several examining rooms. Prior to that time, parking needs for,the entire office
condominium will be addressed.
Staff foresees no problems with his request. The Commissioners approved the request
by consensus.
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RESOLUTION WESTVIEW OFFICE PARK CONDOMINIUM ASSOCIATION
ADOPTED MARCH 17, 2000
THE BOARD RESOLVED TO {PURSUE EXPANDED PARKING IN
ORDER TO MEET PRESENT AND FUTURE PARKING NEEDS.
THE BOARD AGREED TO CONSULT WITH A SITE ENGINEER TO DEVELOP
A FLAN FOR THE EXPANDED PARKING.
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COMMENTS
................ . .I.......I...... .............. ................. ......... ... ......... ........,..
Td WU9S:88 666T LT 'Iof : 'ON xU. WMU
WESTVIEW OFFICE PAR
CONDOMINIUM ASSOCIATION
BOARD OF DIRECTORS MEETING
THURSDAY MARCH 160 2000 SPECIAL, MEETING
DRAFT MINUTES
In Attendance: Barry Spaulding, President; Bonnie Mangan, Vice Presidents Daniel
Segal, Treasurer; and Guy Mattran, Director represented the Board of Directors. Pat
Ruggiero and Rory Dinardo represented G &W Management, Inc.
Guests: Dan Thibodeau; dr. Randall Wing; Marcia Banach, representing the Town of
South Windsor; and Attorney Meg Rattigan.
Barry Spaulding, President, called the meeting to order at 4:10 p.m. Barry then turned
the meeting over to Guy Mattran to chair.
Guy gave a short background report of the parking situation as it exists now and the fact
that a sale is pending with a proposed change of use for the suite that will require
additional parking. The closing of the sale of Unit A-1 cannot take place without a
Board resolution in favor of additional parking.
Attorney Meg Rattigan, who represented Dr. Randall Wing, the interested buyer of Unit
A-1 spoke regarding her meeting with Marcia Banach, Director of Planning for the Town
of South Windsor.
The Town believes that parking at the Westview {office Park facility is already over
subscribed. Marcia Banach spoke regarding Town regulations. We would need
approximately 102 parking spaces, including Dr. Wing"s needs. We have a variance
from the Town of 30 spaces, leaving 72 spaces required. Currently there are 54
existing parking spaces leaving a shortfall of approximately 18 spaces. Marcia
Cecommended that the Associations petition the Town for a waiver as opposed to a
variance, it would be a viable option to ask for a larger waiver.
Me Rattigan will address the Planning and Zoning Board regarding Dr. Wing's
Attume Y g impending oocr.Ipancy on 3123100.
The
Board discussed an additional Matter to be considered r gardd n to park of his unit.
change rseoessary to allow ter.Wing to change lsrr�ste
Action IteMs. resent
xpanded parking in carver to meet p
Resolution: The Board resolvedB pursue eoard agreed to consult with a site engineer to develop
and future parking needs .�
a plan for the expanded parking.
zd WU9G:OFF 666T L-T •I n f "ON `.QUA : Wo&d
Resolution- Ron Dinardo will contact Cianci and Cianci and Bonnie Mangan will
contact Fuss and O'Neil to inquire of their availability to undertake this project.
Resolution: Ron Dinardo will serve as the point person for the Association.
There being no further business, the meeting adjourned at 5-25 p.m.
Respectfully submitted,
Ronald Dinardo
Association Manager
J -7. -e 2 tI OfA
10
Ed wu-s:eo 666T LT Inr 'ON XUA WONA
RECEIVED
APR 12 20M
SOUTH WINDSOR PLANNING DLPL
RESOLVED: That the Board of Directors of Westview Office Park resolves to correct
any parking issues that are identified by an engineering study presently being conducted by
Fuss & O'Neil, Inc. Such corrections will be made as practicable within the limits of the
Association's budget.
Dated at South Windsor, Connecticut, this IDA day of April 2000.
Dr. Dan a al, Director
Bonnie M gan, Dire r
Cincfa Butt ro, Director
G
Guy att,an, D' ector
B r irector
d
G �
9 ` 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
R•c AREA CODE 860 / 644-2511
July 20,2000
Lawrence Kiel,Esq.
Murphy Laudati&Kiel,P.C.
270 Farmington Ave,Suite 360
Farmington, CT 06032
Dear Attorney Kiel:
RE: PLANNING AND ZONING COMMISSION APPROVAL FOR DR. RANDALL WING,
WESTVIEW OFFICE PARK, 1050 SULLIVAN AVENUE
Per your request,I am pleased to provide the following information.
On April 11, 2000, the Planning and Zoning Commission voted to approve Dr. Wing's request to locate his
dental practice at Westview Office Park, 1050 Sullivan Avenue (see enclosed copy of meeting minutes). The
request was granted with Commission acknowledgment that the existing parking is inadequate. The Commission
is expecting a proposal from the Westview condominium association to address the parking issue.
The Commission placed no restrictions on the amount of building area that Dr. Wing can occupy.
If I may be of further assistance,please do not hesitate to contact me.
Sincerely,
Marcia A. Banach,AICP
Director of Planning
MB/sf
Encl.
RECEIVED
DESIGN PROFESSIONALS, INC. SEP 1 9 2001
civil engineers .planners . surveyors . gis
SOUTH WIN888 R PLANNING DEPT.
September 13,2
Barry Guliano,Esq.
Town Attorney
Town of South Windsor
1540 Ellington Road
South Windsor,CT 06074
Re: Westview Office Park
1050 Sullivan Avenue
South Windsor,Connecticut
DPI Project No. 00-1414
Dear Barry:
As determined at your prior meeting with my partner,Richard Martel,the Town of South Windsor retains
a conservation and beautification easement over a portion of the Westview Office Park,owned by a condominium
known as Westview Office Park Association,Inc.(Westview).
Pursuant to the recently completed Sullivan Avenue/Ayers Road/Graham Road improvements,Westview
conveyed 15,540 square feet of land to the State D.O.T.,thereby reducing their lot from 2.25 acres to 1.89 acres.
At that time,Ayers Road was relocated to the south,away from"The Neighborhood"residential community,
Sullivan Avenue was shifted into the site and now abuts the westerly parking lot,and Graham Road was rendered
one-way along our frontage. Westview also granted grading rights and the right to reconstruct and relocate the
site's access driveway.
These,intersection improvements reduced the area of the subject easement,and physically altered its
appearance,including the loss of plantings,ornamental stones,and lawn.
My clients,the owners of office condominiums at Westview,are in desperate need of additional parking to
accommodate their patients,guests,clients,and employees. We have completed land surveys,soils permeability
tests,and an engineered site plan portraying fifteen(15)new spaces at the northerly end of the site,all of which
are along the property's internal driveway,and all of which are to be screened with existing and supplemental
vegetation. My understanding is that a public hearing would be required in order for the Council to consider our
request to modify the area of the easement to accommodate the proposed parking.
Please examine the enclosed site plan package and call me with your comments. My clients are hopeful to
complete these improvements before the onset of winter. Thank you.
DESIGN PROFESSIONALS,INC.
f�
By:
/
a Peter R.De al ie
Principal
cc: Matthew Galligan
Marcia Banach
Barry Spalding
Frank G.Pilicey,Esq.
G&W Management
Richard Norris
Richard Martel
Galen Semprebon
165 South Satellite Road, South Windsor, Connecticut 06074
Tel: (860) 291-8755 •Fax: (860) 291-8757
J
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074-2786
AREA CODE 860/644-2511, EXTENSION 279
SOR•G FAX 860/644-3781
BARRY D. GULIANO
Town Attorney r V rS
HAND DELIVERED
November 27, 2001 1,O'L
Mr. Kevin McCann, Chairperson
Planning & Zoning Commission ��d
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Partial Release of Conservation Easement
Dear Mr. McCann and Members of the Planning & Zoning Commission:
The Town has received an application from the owners of Westview Office Park
for the partial release of a conservation easement on their property. In
accordance with Section 4.a. of the Town's "Ordinance Re: Acquisition of
Conservation Easements and Open Space Properties" (a copy of which is
attached), a public hearing has been scheduled for Monday, January 7, 2002
at 7:30 p.m. in the Council Chambers to receive input on said request.
Very truly yours,
Auliano
ey
BDG/mpg
Enclosure
' FINAL VERSION APPROVED BY TOWN COUNCIL - 07/16/01
ORDINANCE RE: ACQUISITION OF CONSERVATION EASEMENTS
AND OPEN SPACE PROPERTIES
Sec. 1. Purpose
The purpose of this Ordinance is to establish procedures for the
acquisition, modification and release of conservation easements granted in the
Town's favor and procedures for the acceptance and sale or conveyance of open
space properties by the Town of South Windsor. The purpose is also to
establish a procedure for enforcing conservation easements and creating
penalties for the violation of conservation easements.
Sec. 2. Procedure for Acceptane of Conservation Easement
a. All conservation easements granted on behalf of the Town of South
Windsor shall be prepared on a form approved by the Town
Attorney and the Town agencies responsible for obtaining such
easements, namely the Town Council, the Inland Wetlands Agency
(the "IWAJ and the Planning and Zoning Commission (the 'PZCj.
No conservation easement shall become effective unless it has been
approved for form by the Town Attorney and further approved by
the Town agency responsible for obtaining the easement, whether
that agency is the Town Council, the Inland Wetlands Agency or
the PIanning and Zoning Commission.
b. After approval by the Town agency responsible for obtaining the
easement and by the Town Attorney, the conservation easement
shall be executed and recorded on the South Windsor Land
Records. Copies of the recorded conservation easement shall be
provided to the Town Council, the TWA and the PZC as soon after
recording as practicable.
C. The TWA is empowered to approve and accept conservation
easements on behalf of the Town as part of the wetlands permit
application process where said easements are related to the
protection of on-site wetlands or watercourses pursuant to Section
22a-42a(d)(1) of the Connecticut General Statutes.
d. The PZC is empowered to approve and accept conservation
easements on behalf of the Town as part of the approval process
for open space subdivisions where said easements are related to
the creation or preservation of open space pursuant to Section 8-
25(a) of the Connecticut General Statutes.
e. The Town Council is empowered to approve and accept all other
conservation easements on behalf of the Town pursuant to Section
7-148(c)(3) of the Connecticut General Statutes and Section 305 of
the Town Charter.
Sec. 3. -Mcenure for Amendment to or Modification of Conservation
Easement
The procedure for amending or modifying any conservation easement
already in place shall be the same as outlined above in Section 2 regarding the
acceptance of conservation easements.
Sec. 4. Procedure for Release of Conservation Easement
An existing conservation easement may be released in whole or in part
only upon approval of the Town agency initially responsible for obtaining the
easement and only after following the procedures outlined in this section.
a. Notice of a possible release of an existing conservation easement
shall be given by the Town agency which approved said easement
(i.e., either the Town Council, pZC or IWA) to the other two
agencies, at least thirty (30) days prior to any actual release of the
conservation easement. Said notice shall also be provided within
said thirty (30) day period to all owners of property which abuts
the property that is subject to the conservation easement. The
matter shall be scheduled for a public hearing within said thirty
(30) day period, to be conducted by the Town agency responsible
for obtaining the easement The other Town agencies shall provide
input to the Town agency conducting the public hearing either
prior to or at the public heating. Public input shall also be invited
and received at the public heating.
b. After said public hearing, the Town agency responsible for
obtaining the conservation easement may vote to release the
easement either in whole or in part and shall instruct the Town
Attorney to prepare and record the necessary documentation for
said release.
Sec. 5 Procedure for Enforcement of CoIIServation Easement
a. Notice of Violations
M Compaaints may be submitted to the Wetlands Enforcement
Officer or Zoning Enforcement Officer by members of the
public, but such complaints must be in writing and signed
on forms provided by the Town. Any member of Town staff or
Town board or commission may also initiate complaints.
(ii) Whenever the Wetlands Enforcement Officer or Zoning
Enforcement Officer determines that there has been a
violation of any provision of a conservation easement in favor
of the Town, such officer shall give notice of such violation to
the person responsible therefor, as hereinafter provided.
Such notice shall:
(1) Be in writing,
(2) Se: fo"i the vioiations of the conservation easement;
(3) Specify a final date for the correction of any violation•
(4) Be served upon the owner or the owner's agent, or the
occupant as the case may require; provided, such
notice shall be deemed to be* properly served upon
such owner or agent, or upon such occupant, if a copy
thereof is posted in a conspicuous place in or about
the dwelling al feected by this notice; or if such person is
served with such notice by any other method
authorized or required under the Iaws of this State;
(5) Contain an outline of remedial action which, if taken,
Will affect Permanent compliance with the provisions of
the conservation easement; and
(6) State that the penalties and enforcement provisions of
this ordinance will become effective on the final date
set for the correction of any violation.
(iii) Any person notified in accordance with this section that fails
to correct any violation by the date specified in said notice
shall be in violation of this ordinance and subiect to its
penalties and enforcement procedures.
b. Appeals
Any person notified in accordance with Section 5 above may appeal
said notice of violation(s) to the Town Agency which accepted the
conservation easement on behalf of the Town, if either the IWA or
PZC- If the conservation easement was accepted on behalf nalf of the
Town by the Town Council, said appeal shall be to the
Conservation Commission (the wcc�. Said appeal must be in
writing and filed within ten (Ip) days of the date of the notice of
violation. If an appeal is taken as aforesaid and the
appeal is
denied, the first day of violation shall be seven
M days after the
decision of the IWA, PZC or CC denying the appeal or on such later
date as established by the IWA, PZC or CC.
C. Penalties and Enforcement
M Penalties:
1 i
• Each violation of a conservation easement under this
ordinance shall be considered a separate municipal offense.
2• Each day any violation continues shall constitute a separate
offense.
I Each separate offense under this ordinance shall
be
punishable by a fine of ninety-nine dollars ($99•0p) PY
payable
to the Town of South Windsor.
(u) Enforcement:
I. The ' Wetlands Enforcement Officer or Zoning Enforcemen
t
Officer is authorized to issue a Notice of Violatio
n for a
violation of a conservation easement under this ordinance.
2. In addition thereto, the Town Council, IWA/CC or PZC, as
appropriate, are authorized to instruct the Town Attorney to
initiate legal proceedings in the Superior Court for the
immediate correction of any violation(s), collection of any
penalties, and the recovery of all costs including costs of
remedial action(s) authorized by the Court and reasonable
attorney's fees incurred by the Town of South Windsor to
enforce this
or
dinance.
3. All fines, Court costs, costs of remedial action, and attorney's
fees, as ordered by the Court, shall constitute a lien on the
subject premises, provided the owner of said premises has
been notified of the violations as herein provided and was
made a party to the enforcement proceedings.
Sec. 6. Procedure for Acrepta=e of Open Space Properties
a. All deeds of open space properties conveyed to the Town of South
Windsor shall be prepared on a form approved by the TWA, the PZC
and the Town Attorney. No deed for open space shall be effective
unless it has first been approved by the IWA or PZC, as
appropriate, has been approved for form by the Town Attorney, and
has then been accepted by the Town Council prior to recording.
b. Prior to approving the conveyance of an open space parcel to the
Town, the IWA or PZC shall provide the Town Council with at least
thirty (30) days prior notice. If the open space is subdivision open
space, then the procedures established in the Subdivision
Regulations for Council notification shall be followed.
C. The Town Council shall notify the TWA or PZC of its concerns
objections or questions re
regarding the open sP ace parcel within said
thirty (30) day period; or in the case of subdivision open space,
prior to or at the PZC's public hearing on the subdivision
application.
d. The TWA or PZC shall tape the input of the Town Council under
advisement and either approve or reject the.conveyance of the open
space parcel. If the open space parcel is approved, it shall be
forwarded to the Town Council for final approval prior to recordin
g
the deed. If approved by the Town Council, the deed shall be
accepted and recorded on the South Windsor Land Records. If
rejected by the Town Council, the deed shall not be accepted, nor
shall it be recorded on the South Windsor Land Records.
Sec. 7. Procedure for Convect or Sale of Open Space Properties
An open space parcel owned by the Town may be conveyed or sold only if
permitted by the laws and regulations of the United States, the State of
Connecticut, and the Town of South Windsor, and only upon approval
of
the
Town Council after following the procedures outlined in this section.
a. By' resolution of the Town Council, notice of a possible sale or
conveyance of an open space parcel shall be given to the body or
bodies which approved said open space parcel (i.e., either PZC or
IWA), at least thirty (30) days prior to the actual approval of the
sale or conveyance by the Town Council. The matter, shall also be
scheduled for a public hearing to be conducted by the Town
Council. Either the IWA or pZC shall provide input to the
Town Council prior to or at the public hearing at.which the sale or
other conveyance is to be considered.
b. . At the public hearing, the Town Council shall receive public input
as well as that from affected boards or commission. After said
public hearing, the Town Council may vote to convey or sell an
open space parcel if such conveyance or sale is allowed by law, and
shall instruct the Town Attorney to prepare and record the
necessary documentation for said sate or conveyance.
This Ordinance shall become effective ten (10) days after publication
in a newspaper having a circulation in the Town of South Windsor. This
Ordinance #164 was adopted at a Regular Meeting of the South Windsor
To
�• .Yvwr�•�.,..w.+.>.. Ft"�IR11y1fMwr!�R...i i' Ip�. � �:;.�: .
ATTEST:
LEMENOME
Notice is hereby given that the foibmng or k==for the
Town of south WWmdsor was duty adopted at the Regutar Gretchen E. Bickford
Meeting of the south lwmdsor Town council an Juy 16, Town Clerk
2001.
ORDINANCE#164
ACQUISITION OF CONSERVATION
EASEMENTS AND OPEN SPACE PROPERTIES
Dated at South Windsor this 17' day of Juy 2001.
ATTEST.
Green E.Bickford
Sash Wkw1wr Town CUw*
Journni Inquirer
J G.v
pw
1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
' soa co'� AREA CODE 860/644-2511
HAND DELIVERED
January 18, 2002
Town Council
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Partial Release of Conservation Easement—Westview Office Park
t
Dear Mayor Aman:
At its January 8, 2002 meeting, the Planning and Zoning Commission discussed the Council's
request for comment with respect to the partial release of said conservation easement. The
Commission chose not to forward any comments at this time.
If the Town does a partial release of the easement and the applicant proposes any changes to the
site, a site plan will be required to be submitted to the Planning and Zoning Commission.
Sincerely,
,M=l
Kevin McCann, Chairman
Planning and Zoning Commission
KM/mmrl