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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 � r 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 ,! n v j 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. 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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 R� M4 R �, wtNOSpR S0oU1.14 'OUNG11. � t GRAHAM " \ \ O h � l j r a BEN Act A Jam\. to -6 +r1S L iM 12 w,97V4 M4i"v 4r= FLaN 1 rtv 51,ca r� 5 1$n r\ 35Cn Mee y— �o SC qLZ: I ��= lop/ 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 j PROPOS�d BL.oG FLOOR � j \ ZO J�� �SUQSECT GNCSSA A AlPARC��- � Li P E f ar�ENT� � 405 i 4 AVENvE SULL/VAN . .... . ......... ? CiAS AAvD WATER 32 \ O � p_ c� <�W N S`►, O7-awn, 0-le S,91� 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 h Aq c XL J� �Sa re C r q4 / 14 05 25' Buffer & 50' AVEwvE Building Line SULL/VAN / c U771L/TY Fi4SEMENT to .� G�7S i9N� WATER •-� ai IZZI O 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 ; G As TO � gA Kojio sY� w 1 lams ; Kathy xozle ASTO N OW ND i AARR I ' � 't:?.,:~fob~•�'�'• .� � .} _ S via 9 GRANTEE: B VI DS f: 't` :, , •i . Case AS TO WE8 TOWN SOU :; :' : �T ... .. i . John. by RjS. ery• • .f.;� 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 • "�• ''� �.�irA Zz ; jots mission Publie Espirest l 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; x'1"Ge r 1985 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. C__ 3,r' od SF�L, l kYP Qb5C D ZZ C -1 1c OZO LtN K-- c) �� �/ I"l t f rvi � cj S l 1-6 { i t FROM o: FAX NO. Jul. 15 1999 05:47AM P2 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. c t . SEND TO cffto Rio Ofte bcattnn FaX number .� Ftxm number t/ryent ®RWy ASAP Please comment � Please revia- I ! -Fd y r inlomatipa Tdalpep x rxtxirp ever. " 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