HomeMy WebLinkAboutResub/Spec Exception TOWN OF SOUTH WINDSOR
PLANNING&ZONING COMMISSION
APPLICATION FORM
Application No: RECEIVE®
Official Receipt Date: % U3 l
Receipt No: AUG 2 9 2003
i
APPLICANT: James T. & Lisa A. Poulin SOUTH WINDSOR PLANNING DEPT.
PROJECT NAME: James T. & Lisa A. Poulin
ADDRESS: 432 Strong Road, South Windsor, CT 06074
OWNER OF RECORD ON LAND RECORDS: James T. & Lisa A. Poulin
ADDRESS: 432 Strong Road, South Windsor, CT 06074
COMPLETE LOCATION OF PROPERTY: 432 Strong Road, South Windsor, CT
ASSESSOR'S MAP# 85 PARCEL# 14 ZONE RR
NAME, ADDRESS,TEL&FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
Galen B. Semprebon, P.E., Design Professionals, Inc., 165 South Satellite Road,
South`Windsor, CT 06074, Tel: 291-8755, Fax: 291-8757
THIS APPLICATION IS FOR: (Check all that apply):
❑ Zone Change to (Public Hearing required and Certified letter to abutters required)
❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required)
❑ Subdivision ❑ Minor ❑ Major
❑✓ Resubdivision(Public Hearing Required) ❑ Minor❑ Major
❑ Conditional Approval
Special Exception to Article 4.6.1 (Public Hearing, Certified letter to abutters required)
❑ Site Plan of Development
❑ General Plan of Development
❑ Earth Filling(Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required)
❑ Regulation Amendment: ❑ Zoning ❑ Subdivision (Attach proposed amendment)
❑ Temporary and Conditional Permit for
❑ Major Home Occupation for
❑ Other(explain in detail)
An Application Pending sign is required to be posted on the property for all applications ten(10) days
prior to/being heard by the Commission.
Signs re of App icant Signat a of Property Owner
b�
POULIN INTERIOR LOT--PH 10/03/00
1. Request for approval of a Special Exception for an interior lot and subdivision for property
located at 432 Strong Road, RR zone. There is an existing house located on rear land and the
proposal is to subdivide an additional lot.
2. The requirements for the interior lot in the RR zone include 80,000 sf minimum lot size and
262.5 feet minimum lot width.
3. The applicant received ZBA variances in September of 1992 to allow the proposed interior
lot to be 71,134 square feet in size and approximately 187 feet in width. In addition ZBA
granted a variance to the zoning requirement that no more than two houses can be accessed
by a single drive.
The conditions placed this variance include: Lot 2 should provide a written right of way
over Tomel Drive cle ly defining the right of way for lot 2 and lot 3...In addition, the house
should be located at e position shown on the application map and existing tobacco shed
should be removed prior to the construction of the house. Variances were also received to
allow the remaining lot with the existing house to be approximately 70,000 square feet.
4. Access to the interior lot is through an existing private roadway, Tomel Road, which is off of
Strong Road. There are currently three houses that are serviced through that drive. The
driveway servicing the new interior lot will include a turn-around driveway.
5. We have asked the applicant .o provide written documentation of the access rights. WJ-
6. The interior of will be serviced by public sower and septic c system. The septic system has
been reviewed by the Town sanitarian, andVev%es not anticipate any issues with a septic
system on this lot.
7. There are regulated wetlands in the rear of the new lot,however, there is no activity near the
wetlands (with the exception of the footing drain) and the applicant is not proposing to
disturb more than 20,000 sf. There is no 100-year floodplain.
8. The criteria for approval of interior lots include:
a. the subject area's boundary configurations, topography, soils or other natural resource
characteristics;
b. proximity to neighboring properties and dwelling units;
c. restriction of existing views;
d. proposed buffering/screening; _----
e. potential drainage, traffic& environmental impacts
f. driveway locations, slopes &sight lines ✓�
g. utility service capabilities
h. property value impacts; and
i. future land use alternatives.
IF'6. There is no screening proposed between the existing houses and the proposed interior lot. The
new house recently constructed has planted a row of evergreen pines along the property
boundary closest to the proposed house. The Commission may want to consider the addition
of plantings on the east side to screen the new house from the existing lot.
If this application is approved, the Planning Dept. has the following modifications to request:
- access rights for Lot 2 should be more clearly documented and subject to the review of the
Town attorney
- varianeetmmst-be dv •n h T w4i-,C--erk's-office
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DESIGN PROFESSIONALS, INC.
civil engineers .planners . surveyors . gis
gis.gps.landscape architects
October 14, 2003
Town of South Windsor OCT1 4
1540 Sullivan Ave. 2003 RECEIVED
South Windsor, Ct 06074
SOUTH�9NDSOR PLANNING DEPT. OCT 14 2003
Attn:Mr. Jeff Doolittle,P.E.
Town Engineer SOUTH VVINDSOR
ENGINEERING DEPT,
Re: 432 Strong Road
Dear Jeff
We are enclosing one copy of revised sheet 2 of 2 for the above referenced project for your information.
The plans were revised to address comments made by you dated 10/9/03, and are generally minor in nature.
We wanted you to be aware of the revisions prior to the Planning and Zoning Hearing. The revisions
include the following:
1. The proposed water service was shown to the proposed house.
2. Additional spot grades and grades were shown for the proposed lot
3. The shed was labeled to be relocated/removed.
In addition, we indicated on the plans that vegetation was to be trimmed as required to provide clear sight
lines.
Please feel free to contact me should you have any questions or comments.
Sincerely,
Galen Semprebon, P.E.
Director of Engineering
Enclosure:
vol": Marcia Banach with one copy of sheet 2 of 2.
165 South Satellite Road, South Windsor, Connecticut 06074
Tel: (860)291-8755 •Fax: (860)291-8757
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO
: Matt Galligan, Fred Shaw, Michael Gantick, Tom Fields, Bill Lammng, Jeff Doolittle
Kris Lindstrom, Ray Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning&Engineering Departments have received plans for the following projects:
03-66P, Poulin Interior Lot
Location: 432 Strong Road
® Site Plan ® Subdivision No. Acres 5+ Zone RR
❑ Industrial ❑ Commercial ® Residential No. Lots/Units 1
Water: ® Public ❑ Private Well Sewerage: ❑ Public ®Septic System
Project Description: creation of one interior lot
Future Town-owned property involved? ❑Yes ®No
❑new street(s) ❑ new detention area
❑new open space/recreation area ❑ active ❑passive
Planning Department notes:
Please comment by 9/16/03 and return to the Planning Department.
L � POULIN INTERIOR LOT
PLANNING DEPARTMENT COMMENTS
Zoning Table
1. Variances granted (not requested) should be reflected in the zoning table.
Note: It appears that the variances were granted with conditions relating
to the Tomel Drive access. Has this conditions been met? We would like
to see documentation of the access rights for Lot #2 and #3.
General Comments
1. Has an easement been granted for the construction of the water line?
Please indicate dimensions of the easement; grantor/grantee.
2. Has an easement been granted for the portion of the driveway, which
appears out of the Tomel Drive ROW? Please indicate dimensions of the
easement; grantor/grantee.
POLICE DEPARTMENT
Site lines available should be shown at the intersection of Tomel Drive and
Strong Road.
U
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Town of • • •
Planning Department
Memo
To: Barry Guliano, Town Attorney
From: Michele R. Lipe, AICP, Assistant Director of Planning
Date: 10/08/03
Re: Appl. #03-66P, Poulin Interior Lot
Enclosed is a copy of the site map and proposed easement document to provide
access to the proposed interior lot. (I have also enclosed a copy of the interior lot
regulation with the easement requirement highlighted.)
Could you please review the document and advise us whether or not it is acceptable.
Thank you for your assistance.
0 Page 1
Kelli Holmes Re In house referrals for three applications Page 1
From: Bob Deptula
To: Kelli Holmes
Date: 9/4103 12:29PM
Subject: Re: In house referrals for three applications
No septic system problems anticipated.li Holmes 09/03/03 02:19PM >>>
Please email your comments should you have any. Thanks!
DESIGN PROFESSIONALS, INC.
civil engineers ♦ planners ♦ surveyors
gis ♦ gps ♦ landscape architects
Transmitted via certified mail
August 28, 2003
Dear Current Abutting Property Owner
Re: James T. &Lisa A. Poulin DPI Project No. 02-1680
432 Strong Road
South Windsor, Connecticut
In accordance with regulations of the Inland Wetlands Agency and the Planning&
Zoning Commission,we are required to notify you that applications have been filed on the
property abutting yours and are subject to a hearing(s)by the Inland Wetlands Agency and the
Planning&Zoning Commission. The applications and plans are on file with the South Windsor
Planning Department in the Town Hall.
As an abutting property owner you are invited to the hearing(s)to ask questions and/or
give comments,however,you are not required to attend. You may also submit written comments
regarding the application(s)prior to the meeting if you so desire. For further information
regarding the specific date this application will be heard, please contact Kelli Holmes,
Administrative Secretary,Michele Lipe, Deputy Planning Director, or Jeffrey Folger,
Environmental Planner, at the South Windsor Planning Department at 644-2511, ext. 253, 252 or
229,respectively. Thank you.
Sincerely,
DESIGN PROFESSIONALS,INC.
By:
Peter R. DeMallie
President
cc: Jeffrey Folger
Marcia Banach
James T. &Lisa A. Poulin
165 South Satellite Road,South Windsor,Connecticut 06074
Tel:(860)291-8755•Fax:(860)291-8757
Email:dpicivil@aol.com
Direct Abutters List
James T. &Lisa A. Poulin
432 Strong Road
South Windsor, Connecticut
DPI Project No. 02-1680
Ma /Lot No. Property Owner Mailing Address
85/15-13 Jennifer A. Earl 428 Strong Road
South Windsor, CT 06074
86/1 Lynda Tomel Busto 434 Strong Road
South Windsor, CT 06074
97/7 K.F. Brick Co., Inc. P.O. Box 375
East Windsor Hill, CT 06028
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOB•co AREA CODE 860/644-2511
November 3, 2003
CERTIFIED MAIL
Mr. &Mrs. James Poulin
432 Strong Road
South Windsor, CT 06074
Re: Appl 03-66P, Poulin Interior Lot
Dear Mr.&Mrs. Poulin:
We are pleased to advise you at its October 28, 2003, meeting the Planning & Zoning Commission approved
with.modification's Appl #03-66P, Resubdivision and Special Exception to Section 4.6.1 on 5+ acres to create
one interior lot to-be known as Poulin Interior Lot on property located at 432 Strong Road, RR zone as shown
on plans prepared by Design Professionals, Inc., project#1680 and dated 8/25/03, as revised. This approval is
subject to the following modifications:
1. Drainage and construction for this lot is subject to the approval of the Town Engineer.
2. The lot shall be serviced septic and is subject to the approval of the Town Sanitarian.
3. Water shall be supplied to this lot by CT water.
4. All.plans used in the field by the developer must bear the stamp and authorized signature of the Town of
South Windsor.
5. -All casements for conservation purposes, drainage or utilities, that may be required in connection with the
approval of this lot,must be submitted on standard Town easement form where appropriate, to this
Commission prior to filing the mylars and issuance of building permits.
.6. Footing drains are required for the house. Prior to the building of any structure on a lot, a topographic map,
drawn to a scale of 1" =40', shall be submitted, showing proposed contours, elevations and the location of
the footing drains. No building permit will be issued until the proposed contours, floor elevations and
location of footing drains have been approved by the Town Engineer.
7. If, for any reason, finished grading and other site work is not completed, the Town Engineer shall determine
. the amount of.a cash bond to ensure final grading and site work. This cash bond must be submitted prior to
issuance of a Certificate of Occupancy.
8. No building permits will be issued until all modifications have been complied with, and the final plans have
been filed in the Town Clerk's office.
9. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 4.13.10 of the zoning
regulations.
10. Access easement must be reviewed by the Town attorney and executed before the mylar goes on file.
11. Zoning data table must be updated for Lot#2 to reflect the correct acreage.
12. Additional row of evergreens along lot#2 property line.
Special Exception has been granted for the creation of the interior lot and approval becomes effective upon the
filing of the enclosed special exception form in the Office of the Town Clerk.
Black and white transparent mylars of Sheets#2 with the above modifications,together with three blueprint
copies of the entire set of plans must be submitted to this Commission within 30 days to be stamped and signed.
The letters of approval of this Commission, as well as the Inland Wetlands Agency/Conservation Commission,
must be reproduced.on the mylars.
After mylars have been signed by the Commission, they will be returned to you for filing in the Office of the
Town Clerk by February 13, 2004. After filing these plans, a copy of the receipt must be submitted to the
Planning Department.
Sincerely,
Kevin McCann, Chairman
Planning and Zoning Commission
Enclosures
cc: Town Engineer
Chief Building Official
Assessor
Superintendent of Pollution Control
Fire Marshal
Design Professionals, Inc.
PFFFP,
I, Kevin McCann, Chairman of the South Windsor Planning & Zoning Commission, hereby certify that on
October 28, 2003,the Planning and Zoning Commission granted to James & Lisa Poulin, a Special Exception to
Article 4.6.1, of the Zoning Regulations to create one interior lot on property located at 432 Strong Road, RR
zone as shown on plans prepared by Design Professionals, Inc.,project No. 1680 dated August 27, 2003.
Assessor's Map and Parcel Number: Map#85 Parcel#14
More particularly bounded and described as follows:
Beginning at a point in the southwest corner of the property herein described, said point being further described
as an iron pipe; thence, S67° 19* 02*E along property now or formerly of James T. &Lisa A. Poulin, a distance
of 187.08 feet to an iron pin; thence,N21'43* 58*E along property now or formerly of Lynda Tomel Busto, a
distance of 357.08 feet to a brownstone monument; thence,N68°07* 36*W along property now or formerly of
Redland Brick, Inc., a distance of 212.91 feet to a 2-inch iron pipe; thence, S170 3 3*44*W along property now
or formerly of James T. &Lisa A. Poulin, a distance of 355.44 feet to an iron pipe, said iron pipe being the
point and place of beginning.
OWNER OF RECORD: James &Lisa Poulin
Date at South Windsor, Connecticut this L day of (/�J� , 2003 .
In accordance with CGS Section 8-3d
Kevin McCann, Chairman
Planing&Zoning Commission
Received for record this day of , 20 , at
South Windsor, Connecticut ATTEST:
DESIGN PROFESSIONALS, INC.
civil engineers ♦ planners ♦ surveyors
gis ♦ gps ♦ landscape architects P c ` 4 2��3
December 1, 2003
Marcia Banach, Director of Planning
Town of South Windsor
1540 Sullivan Ave.
South Windsor, CT 06074
RE: James T. Poulin
432 Strong Road
South Windsor, Connecticut
DPI Proj. No. 02-1680
Dear Marcia:
On behalf of my client, James T. Poulin, I hereby request a 90-day extension from the
original filing date for recording the subdivision mylars in the office of the Town Clerk. Thank
you.
Sincerely,
DESIGN PROFESSIONALS, INC.
By: , r �-
Galen B. Sem ebon, P.E.
cc: James T. Poulin
165 South Satellite Road, South Windsor,Connecticut 06074
Tel: (860)291-8755•Fax: (860)291-8757
Email:dpicivil@aol.com
DESIGN PROFESSIONALS, INC.
civil engineers ♦ planners ♦ surveyors
gis ♦ gps ♦ landscape architects
December 5, 2003 DEC 8 2003
Marcia Banach, Director of Planning
Town of South Windsor
1540 Sullivan Ave.
South Windsor, CT 06074
RE: James T. Poulin
432 Strong Road
South Windsor, Connecticut
DPI Proj. No. 02-1680
Dear Marcia:
On behalf of my client, James T. Poulin, I hereby request a second 90-day extension from
the original filing date for recording the subdivision mylars in the office of the Town Clerk. Thank
you.
Sincerely,
DESIGN PROFESSIONALS, INC.
('
B �y:
Galen B. Sempr on, P.E.
cc: James T. Poulin
165 South Satellite Road,South Windsor,Connecticut 06074
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AVENUE SOUTH WINDS OR, CONN. 06074
y 1540 SULLIVAN
AREA CODE 860/644-2511
�l�dSOR CO��`i
January 12, 2004
Mr. Peter DeMallie
Design Professionals, Inc.
165 South Satellite Road
South Windsor, CT 06074
Re: Appl#03-66P,Poulin Interior Lot
Dear Mr.DeMallie:
Please be advised that the Planning and Zoning Commission approved on January 6,2004 to
ant a-first and second 90-day extension to file mylars for the above referenced subdivision in
the Town Clerk's office. The new filing deadline is August 11,
2004.These extensions are the final extensions permitted under Connecticut General § 8-25.
Sincerely,
Timothy H. Wentzell, Chairman
Planning and Zoning Commission
THW/kak
MEMORANDUM RECEIVED
OCT 0 9 2003
To: Marcia Banach, Director of Planning SOUTH WINDSOR PLANNING ,
From: Jeffrey B. Doolittle, P.E., Town Engineer Y-W,
Date: 10/9/03
RE: App 03-66P, Poulin Interior Lot
I have reviewed the above Resubdivision application and have the following
comments:
1. Show the water line all the way to the proposed house.
2. Show more spot elevations in the front, rear, and on the sides of the proposed
house instead of the note "Grade to Drain" and arrows.
3. Show proposed elevations for the garage, driveway in front of the garage, and
driveway at the existing dirt driveway.
4. Is the existing shed to be removed? If so please label it accordingly
Please let me know if you have any questions.
0'4f 05/2004 14:34 ' 860-242-8291 LAW OFF M NEEDELMAN PAGE 02/08
RIGHT OF WAY/ROADWAY/EASEMENT AND MAINTENANCE AGREEMENT
I. AGREEMENT/PARTIES
This Agreement hereto made in the Town of County of
State of Connecticut on , 2004 by and between JAMES T. POULIN and
LISA POULIN, their successors, heirs and assigns, of 432 Strong Road, Town,of
South Windsor,Countyof Hartford and State of Connecticut("Poulin")andJENNIFER
A. COSGROVE, her successors, heirs and assigns of 438 Strong Road, Town of
South Windsor, County of Hartford and State of Connecticut ("Cosgrove") and
WALTER BUSTO and LYNDA TOMEL BUSTO, their successors, heirs and assigns of
434 Strong Road,Town of South Windsor, County of Hartford, State of Connecticut
("Busto").
II. PRELIMINARY STATEMENT
(A) Poulin is the owner of a piece or parcel of land situated at the rear of Strong
Road, being shown as Lots 2 and 3 on a map entitled "Re-Survey Prepared
for fames T. & Lisa A. Poulin,Strong Road, South Windsor, Connecticut Scale
1" = 40', date 8/25/2003, Design Professionals, Inc., 165 South Satellite
Road, South Windsor, Connecticut 06074" ("Poulin Map"). Said map is to be
recorded on the South Windsor Land Records.
(B) Cosgrove is the owner of a certain piece or parcel of land situated on Strong
Road, known as 438 Strong Road, being the property described on the
Poulin Map as Land N/FJenniferA. Cosgrove. Cosgrove acquired title under
the name of Jennifer A. Earl, and thereafter filed a Certificate of Name
Change on the South Windsor Land Records, recorded on April 24, 2003 at
Volume 1448 Page 269.
(C) Busto is the owner of a certain piece or parcel of land situated at the rear of
Strong Road, known as 438 Strong Road, being the property described on
the Poulin Map as Land N/F Linda Tomel-Busto. The legal title to the Busto
property is currently held in the name of Lynda Tomel-Busto.
(D) Poulin has applied for subdivision approval before the Planning and Zoning
Commission of the Town of South Windsor. Poulin desires to have Lots 2
and 3 approved as residential building lots. Approval was granted on
October 28, 2003, subject to the execution of this Agreement, among other
requirements.
(E) Poulin, Cosgrove, and Busto are joint owners of a right of
way/roadway/easement approximately eighteen (18) feet in width and
extending approximately seven hundred (700) plus or minus feet in length
northerly from the northerly street line of Strong Road across the property
owned by Cosgrove through the westerly portion of land owned by Cosgrove
to Lots 2 and 3 owned by Poulin and extending easterly to and along the
southerly boundary of the property owned by Busto. The description and
location of said right-of-way/roadway/easement is more particularly shown
on the Poulin Map as "Tomel Drive" (Private right-of-Way) ("Tomel Drive"),
which description Is incorporated herein by reference.
04/05/2004 14:34 860-242-8291 LAW OFF M NEEDELMAN PAGE '03f08
(F) Poulin, Cosgrove and Busto, and their successors and assigns, desire to
share the costs and expenses of maintaining the right-of-
way/roadway/easement known as "Tome) Drive" as described herein.
(G) Said right-of-way/roadway/easement was originally described inadocument
recorded by Adam Yonika dated August 16, 1942 and recorded on the South
Windsor Land Records on October 10, 1942 in Volume 39, Page 576.
NO
W, THEREFORE, in consideration of the mutual covenants contained herein,
receipt and sufficiency of which is hereby acknowledged, the parties hereto agrees as
follows:
Ill. EASEMENT/CONSIDERATION
That Cosgrove, for herself, her successors, heirs and assigns, grants and conveys
unto Poulin and Busto, their successors, heirs and assigns, an easement in, to,
upon and over all that portion of said right-of-way/roadway/easement shown as
"Tome) Drive" on the said Poulin Map.
Poulin and Busto, for themselves, and their successors, heirs, and assigns grant
and convey unto Cosgrove, her successors, heirs and assigns, an easement in, to,
upon, and over all that portion of said right-of-way/roadway/easement shown as
"Tomel Drive" on the said Poulin Map.
Poulin, his successors, heirs and assigns, grants and conveys, unto Busto, their
successors, heirs and assigns, an easement in, to, upon, and over all that portion
of said right-of-way/roadway/easement shown as "Tomel Drive" on the said Poulin
Map.
Busto, her successors, heirs and assigns, grants and conveys unto Poulin, his
successors, heirs, and assigns, an easement in, to, upon, amd over all that portion
of said right-of-way/roadway easement shown as "Tome) Drive" on the said Poulin
Map.
Said mutual right-of-way/roadway/easement is given as a covenant running with
the land for the purpose of ingress and egress and for installation, maintenance,
and connection to water, cable, telephone, electricity, and all other utilities, and it
is agreed and understood that it is not to be construed as a right-of-
way/roadway/easement given to the exclusion of Cosgrove, her successors, heirs
and assigns or to others later granted a similar right. Cosgrove, Poulin and Busto,
their successors, heirs and assigns, covenant with each other and their successors
and assigns, to at all times maintain and make necessary repairs at their own
expense, should the right-of-way/roadway/easement require same for its proper
upkeep and maintenance.
1V. EXPENSES TO_BE_SHARED
Poulin (Lot 2) and Poulin (Lot 3), Cosgrove and Busto, their successors, heirs and
assigns, agree to share the costs and expenses of maintaining the above-described
04/05/2004 14:34 860=242-8291 LAW'OFF -M NEEDELMAN PAGE 04/08'
right-of-way/roadway/easement in good repair commencing November 1, 2003.
Each legally divisible residential lot utilizing or having access to the right-of-
way/roadway/easement shall be liable for its pro-rata share of said costs. As of the
date of the execution of this Agreement, each party shall be liable for one-quarter
(1/4) of said costs. In the event any party subdivides its land, then any new lot so
created shall also be liable for its pro-rats share,
V. MAINTENANCE AND REPAIRS DEFINED
The repairs and maintenance to be undertaken and performed under this
Agreement shall include the following:
(1) Filling and re-filling of holes;
(2) Paving and re-paving with bituminous concrete if Poulin, Cosgrove and
Busto, their successors, heirs and assigns, agree to do so; and
(3) Any other repairs deemed advisable by a majority decision of the parties.
Any additional repairs or maintenance deemed necessary and advisable but not
included in the maintenance and repairs specified above, shall not be undertaken
under this h with except Agreement g p t the prior, express and written consent of a
majority of the parties or with their successors,
, heirs and assigns, as provided
above, and as assumption by each of the parties, their successors, heirs and
assigns in writing, of their proportionate share of financial liability for the costs of
such additional repairs or maintenance.
VI. LIMITS OF LiABiLITY
The parties, their successors, heirs and assigns agree to bear costs and expenses
of repairs and maintenance authorized pursuant to and during the term of this
Agreement for the above-described right-of-way/roadway/easement as follows:
As of the date of execution of this Agreement, each party shall be liable for one-
quarter (1/4) of said costs and expenses for authorized repairs and maintenance.
in the event that any party subdivides its land, then any new lot so created shall
also be liable for its pro-rata share.
Upon obtaining subdivision approval, Poulin, his successors, heirs and assigns,
agrees to bear fifty percent (50%) of such costs and expenses. Cosgrove, her
successors, heirs and assigns, agrees to bear twenty-five percent (25%) of such
costs and expenses. Busto, his successors, heirs and assigns, agrees to bear the
remaining twenty-five percent (25%) of such costs and expenses.
Cosgrove and Busto, their successors, heirs, and assigns, hereby acknowledge that
Poulin, his successors, heirs, and assigns, intends to convey Lot 2 described on the
Poulin Map and that, in such event, when the new owner of Lot 2 assumes twenty-
five percent (25%) of Poulin's fifty percent (50%) obligations pursuant to this
Agreement, then Poulin is no longer liable for said percentage. in such event,
Poulin would thereafter be liable for only twenty-five percent (25%) of such
obligations.
04/05/2004 14:34 860=242-8291 LAW OFF M NEEDELMAN PAGE 05/08
VII. DESIGNATION QF AGENT
James T. Poulin, whose address is 432 Strong Road, is hereby designated as the
Agent of the parties to contract for and oversee the repairs and maintenance
authorized under this Agreement. Such Agent, upon acceptance of the agency,
shall be responsible to contract for repairs and maintenance of the right-of-
way/roadway/easement after obtaining prior written consent of the parties, their
successors, heirs and assigns, as required in this Agreement. The parties reserve
the right by majority vote to remove said Agent with or without cause and appoint
a replacement Agent.
VIII. COMPENSATION OF AGENT
The above-named Agent shall serve as Agent without compensation.
1X. PAYMENT OF COSTS AND EXPENSES
When any costs are incurred for maintenance and repairs as described in Section
V of this Agreement, Poulin, Cosgrove and Gusto, their successors, heirs and
assigns, shall advance the respective percentage share of the expenses, as
described in Section VI herein, to the Agent within thirty (30) days of receipt of
documentation indicating that said maintenance/repair expenses had been
incurred.
X. ACCQUNTING BY AGENT
The Agent shall furnish written documentation of maintenance and repairs
undertaken, costs and expenses incurred and receipts for the payment of costs and
expenses within thirty (30) days of a request submitted by any of the parties.
XI. NOTICES
Any notice or report required under this Agreement shall be sent to the parties and
the above-named Agent at the address respectively indicated in this Agreement,
unless the addresses change by written notice to each person concerned, in which
event, the new address given shall be used for the sending of such notice or report.
Any required notice shall be made by regular mail, properly addressed and postage
prepaid.
XII. PERSONAL INJURY AND PROPERTY DAMAGE LIABILITY
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Poulin, Cosgrove and Busto, their successors, heirs and assigns, by majority
decision of the flour property owners to purchase liability insurance in appropriate
coverage amounts as decided by them with a licensed property and casualty insurer
which would insure the parties for any claims for personal injury to the above-
named agent or to anyworker employed to make repairs under this Agreement, or
to third persons, as well as any liability of the parties for damage to the property
of the Agent, or any such worker, or any third person as a result of or arising out
of repairs and maintenance under this Agreement. The costs for such insurance
premiums and/or liability obligations shall be borne as between the parties in the
same percentages as they bear the costs and expenses of such repairs and
maintenance, as described in Section VI of this Agreement.
XI11. INDEMNITY
The parties, their heirs, successors and assigns, agree to indemnify and hold the
other harmless from and against any and all liability for personal injury or property
damage when such injury or damage shall result from, arise out of, or be attributed
to, any maintenance or repair undertaken under or pursuant to this Agreement.
X1V. GOVERNING LAW
It is agreed that this Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Connecticut.
XV. ENTIRE AGREEMENT
This Agreement shall constitute the entire Agreement between the parties and any
prior understanding of representation of any kind preceeding the date of this
Agreement shall not be binding upon either party except to the extent incorporated
in this Agreement.
XVI. MODIFICATION OF AGREEMENT
Any modification of this Agreement or additional obligations assumed by either
party in connection with this Agreement shall be binding only if evidence in writing
signed by each party or an authorized representative of each party.
XVII. NO WAIVER
The failure of any party to this Agreement to insist upon the performance of any
of the terms and conditions of this Agreement, or the waiver of any breach of any
of the terms and conditions of this Agreement, shall not be construed as thereafter
waiving any such terms and conditions, but the same shall continue and remain in
full force and effect as if no such forbearance or waiver had occurred.
XVIII. ATTORNEY FEES
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In the event that any action is filed to enforce this Agreement, the unsuccessful
party in the action shall pay to the successful party, in addition to all the sums that
either party may be called on to pay, a reasonable sum for the successful party's
attorney's fees.
XIX. PARAGRAPH HEADINGS
The titles to the paragraphs of this Agreement are sole) for the convenience of th
e
he
parties and shall not be used to explain, modify, simplify, or aid in the
interpretation of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement.
"POULIN"
JAMES T. POULIN
DATE
LISA POULIN
DATE
STATE OF CONNECTICUT
ss. March , 2004
COUNTY OF
Personally appeared JAMES T.POULIN and LISA POULIN, signers and sealers of the
foregoing instrument, who acknowledged the same to be their free act and deed, before
me, this _ day of March, 2004
Notary Public
Commissioner of the Superior Court
"COSGROVE"
JENNIFER A. COSGROVE
DATE
STATE OF CONNECTICUT
ss. March , 2004
COUNTY OF
04/05/2004 14:34 ` 860=242-8291 LAW OFF M NEEDELMAN "" ' PAGE 08/08
Personally appeared JENNIFER A. COSGROVE, duly authorized signer and sealer
of the foregoing instrument, who acknowledged the same to be her free act and deed,
before me, this day of March, 2004
Notary public
Commissioner of the Superior Court
"BUSTO"
WALTER BUSTO
DATE
LYNDA TOMEL BUSTO
a/k/a LYNDA TOMEL
DATE
STATE OF CONNECTICUT
ss. March , 2004
COUNTY OF
Personally appeared WALTER RUSTO and LYNDA TOMEL BUSTO, signers and
sealers of the foregoing instrument, who acknowledged the same to be their free act and
deed, before me, this . day of March, 2004
Notary Public
Commissioner of the Superior Court
ACCEPTANCE OF AGENCY
The undersigned, JAMES T. POULIN, hereby acknowledges and accepts his
appointment as agent of Cosgrove and Busto to contract for and oversee the maintenance
and repair authorized for the easement described in the above Agreement and agrees to
be bound by the provisions of such Agreement,
DATED:
JAMES T. POULIN