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APPLICATION FORM
Application No: 7d RECEI ED =
Official Receipt Date: id/1y1o.3 SEP 2 3 2003
Receipt No:
SOUTH WINDSOR PLANNING DEPT.
APPLICANT: Annp T_ Kppn
ADDRESS: 22-3 Arthur T)ri Ve th Windsor, CT 09-
OWNER OF RECORD ON LAND RECORDS: Anne T. Keen
ADDRESS: Same
COMPLETE LOCATION OF PROPERTY: 140 Pleasant Valley Road
ASSESSOR'S MAP # 45 PARCEL # 24 ZONE A40
NAME, ADDRESS,TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
Peter R. DeMallie Presid
ent, 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):
(3 Zone Change to (Public Hearing required and Certified letter to abutters required)
Q2 Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required)
❑ Subdivision ❑Minor ❑ Major
❑ Resubdivision (Public Hearing Required) ❑ Minor
❑ Major
❑ Conditional Approval
❑ Special Exception to Article (Public Hearing, Certified letter to abutters required)
❑ Site Plan of Development
❑ General Plan of Development
❑ Earth Filling(Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required)
0 Regulation Amendment- 0 Zoning Q Subdivision (Attach propoged amendment)
Temporary and Conditional Permit for
❑ Major Horne 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_
Signature of Applicant Signature of Property Owner
(See reverse side for additional information)
RECEIVED
DESIGN PROFESSIONALS, INC. SEP 2 3 2003
civil engineers ♦ planners ♦ surveyors
gis ♦ gps ♦ landscape architects SOUTH WINDSOR PLAMNG DEPT.
Transmitted via certified mail
September 22, 2003
Dear Current Abutting Property Owner
Re: Anne T. Keen DPI Project No. 03-1785
Resubdivision Application
140 Pleasant Valley 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 an application has been filed on the
property abutting yours and is subject to a hearing(s)by the Inland Wetlands Agency and
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,
DESIGN1PRFESSIONALS,INC.
A Aw,
By:
Peter . DeMallie
President
cc: Jeffrey Folger
Marcia Banach
Anne T. Keen
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 RECEIVED
gis ♦ gps ♦ landscape architects
SEP 2 3 2003
Abutters within 500 feet
Anne T. Keen SOUTH WINDSOR PLANNING DEPT.
140 Pleasant Valley Road
DPI Project No. 1785
1. Elizabeth A. Clark, 63 Hollis Road, So. Windsor, CT 06074
2. Mary Elizabeth Shepard, PO Box 415, East Windsor Hill, CT 06028
3. William J. &Kim Lynn Holland, 182 Pleasant Valley Road, So. Windsor, CT 06074
4. Dennis R. & Suzanne B. Dezelon, 190 Pleasant Valley Road, So. Windsor, CT 06074
5. Frederick&Karen Ann Bachelle, 206 Pleasant Valley Road, So. Windsor, CT 06074
6. Albert Jr. &Dorothy M. Fournier, 373 Pleasant Valley Road, So. Windsor, CT 06074
7. 209 Pleasant Valley Association,LLC, 870 Main Street, So. Windsor, CT 06074
8. Connecticut National Bank,PO Box 415, East Windsor Hill, CT 06028
9. Joseph W. Vibert, Jr., Box 14 Bissell Sta., So. Windsor, CT 06074
10. First Congregational Church, 86 Pleasant Valley Road, So. Windsor, CT 06074
11. Wesley J. &Nelcy H. Formeister, 102 Pleasant Valley Road, So. Windsor, CT 06074
12. Donald J. &Dolores M. Guilmette, 122 Pleasant Valley Road, So. Windsor, CT 06074
13. Janice S. &Merwin E. Pola, 107 Pleasant Valley Road, So. Windsor, CT 06074
14. Peter T. Anthony, 97 Pleasant Valley Road, So. Windsor, CT 06074
15. Stefania Magiel, 85 Pleasant Valley Road, So. Windsor, CT 06074
165 South Satellite Road,South Windsor,Connecticut 06074
Tel:(860)291-8755 •Fax:(860)291-8757
Email:dpicivil@aol.com
KEEN RESUBDIVISION 03-70P
11/25/03
1. Request for approval of a resubdivision to create 1 new lot located on the
northerly side of Pleasant Valley Road, westerly of Route 5, A-40 zone.
2. Minimum lot size required in the A-40 zone is 40,000 sq ft. The applicant
has received two lot size variances to create these lots — lot #1 will be 34,539
sf and the second lot will be 34,626 sf. A varaince was also granted for Lot
#1 to allow the existing house to be 49 feet from the front property line.
3. There is no open space requirement for this subdivision, as the applicant is
creating less than 6 lots.
4. There are regulated wetlands on the site. The applicant received IWA/CC
approval on 11/19/03, with a conservation easement required by IWA-CC to
be placed 25 feet off the wetland boundary along the easterly side o f the
property and is required to be monumented and marked as a conservation
easement area.
5. The applicant is proposing one driveway cut from Pleasant Valley Road. The
drive is shown with a turnaround.
6. There are no sidewalks shown in front of these lots; and there are no
sidewalks along the northerly side of Pleasant Valley Road.
nyuj i a
7. The'S*will be serviced by public water and sewers. WPCA approval is
required.
8. The applicant has indicated that they plan to preserve some trees between the
lots. A street tree easement has been rovided along the Pleasant Valley Road
frontage. The applicant has shown new trees to be planted along the
Pleasant Valley frontage. The applicant is also required to establish a new
street line providing the town a 25' r.o.w. from the centerline of the road.
9. If this application is approved, the planning department has no additional
modifications to request.
-conservatio eme st be n ente s quire he
reg ati
Kelli Holmes RE 03 70P Keen 2 lot subdivision
Pa e 1
From: "William Lanning"<WLanning@southwindsorfire.org>
To: "Kelli Holmes"<holmes@southwindsor.org>
Date: 10/3/03 11:16AM
Subject: RE: 03-70P, Keen 2 lot subdivision
-----Original Message-----
From: Kelli Holmes [mailto:holmes@southwindsor.org]
Sent:Thursday, October 02, 200312:30 PM
To: Bob Deptula; Jeff Doolittle; Chris Dougan; Ray Favreau;Tom Field;
Matt Galligan; Mike Gantick; Karl Reichle; Fred Shaw; Melvin Stead;
William Lanning
Subject: 03-70P, Keen 2 lot subdivision
Please reply with any comments-Thank you -Kelli
No Comment, W. Lanning
Kelli Holmes Re 03-70P, Keen 2 lot subdivision Page 1
From: Bob Deptula
To: Kell! Holmes
Date: 10/2/03 3:47PM
Subject: Re: 03-70P, Keen 2 lot subdivision
No comment
>>> Kelli Holmes 10/02/03 12:30PM >>>
Please reply with any comments -Thank you -Kelli
MEMORANDUM ` rti
To: Marcia Banach, Director of Planning NOV 1 7 2003
From: Jeffrey B. Doolittle, P.E., Town Engineer ' SOUTH
TOO
Date: 11/17/03
RE: App 03-70P, Keen Subdivision
I have reviewed the above application for a subdivision of property owned by Anne Keen on
Pleasant Valley Road and have the following comments:
1. The anti-tracking pad needs to be shown as 30 feet long, at a minimum
2. Is the proposed driveway to be paved? Please note this. The driveway needs a paved
apron that extends at least 20 feet from the existing edge of pavement on Pleasant
Valley Road.
3. Relocate the foundation drain for the proposed house so it discharges into the existing
catch basin in front of this lot. The pipe should run up from the sump pump and through
the wall such that the water flows by gravity down to the catch basin. This drain line also
needs to have a check valve just after the pump outlet.
4. Regarding where the stream enters the 24" CMP that crosses the road. The inlet and
pipe need to be cleaned of silt and debris, and an inlet sedimentation basin needs to be
established. This should be done as part of this construction and then a drainage
easement(at least 20 feet north into the property and 15 feet west past the pipe)given to
the Town of South Windsor for future maintenance of this inlet and the pipe.
5. Show monuments/iron pins to establish the street line in front of this property.
6. Who owns the triangle of property between where the center of the brook is presently
located and where the former property line was located?
7. Street Excavation Permits must be taken out by the contractor before the installation of
the driveway and water service.
8. An application must be made to the WPCA for the Sanitary Sewer connection and this
must be approved and any charges paid before this work is done.
Please let me know if you have any questions.
t
VOL. 15 9 6 PAGE. 13 4
STREET TREE EASEMENT 02363
This Street Tree Easement made this 25th day of February, 2004 by and between ANNE
T. KEEN, of the Town of South Windsor, County of Hartford and State of Connecticut,
hereinafter called"GRANTOR" and the TOWN OF SOUTH WINDSOR, a municipal
corporation having its territorial limits within the County of Hartford and State of
Connecticut, hereinafter called"GRANTEE"
WITNESSETH:
WHEREAS,the GRANTOR is the owner of real property, hereinafter described, situated
on PLEASANT VALLEY ROAD, 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 a Street Tree Easement on a
portion of the premises of the GRANTOR; and
WHEREAS,the GRANTEE, acting through its appropriate municipal agencies, has
determined that the landscaping of said property can best be accomplished by the
securing by the GRANTEE of a street tree easement over, across and upon the said
property of the GRANTOR; and
WHEREAS, the GRANTOR is willing, in consideration of the need to provide for the
street tree easement,to grant to the said GRANTEE,the easement hereinafter expressed
concerning said property,thereby providing for the continuation of said premises as a
street tree easement; and
WHEREAS,the GRANTOR intends to convey the property described herein to certain
purchasers subject to this street tree easement and by granting said street tree easement to
the GRANTEE shall not change the character of private ownership of said property and
the public shall have no right to enter upon same.
NOW, THEREFORE, the said GRANTOR does hereby give, grant, bargain and confirm
unto the said GRANTEE, its successors and assigns forever the right,privilege and
authority as a street tree easement and restriction, to plant and perpetually preserve, street
trees in their present condition within and upon a tree belt along the streets as shown on a
map entitled"PROPERTY SURVEY PREPARED FOR ANNE T. KEEN, 140
PLEASANT VALLEY ROAD, SOUTH WINDSOR, CONNECTICUT, SCALE 1 inch=
20 ft., 9/22/03, SHEET NO. 2 OF 3, DESIGN PROFESSIONALS, INC. CIVIL
ENGINEERS PLANNERS SURVEYORS LANDSCAPE ARCHITECTS GIS GPS, 165
SOUTH SATELLITE ROAD, SOUTH WINDSOR, CONNECTICUT" said map to be
filed in the South Windsor Town Clerk's office.
CONVEYANCE TAX RECEIVED ]
STATES LOCAL$ No.
a
TOWN CLERK OF SOUTH WINDSOR
ate'
VOL. 1596PAGE 135
THE GRANTOR FURTHER COVENANTS AND AGREES:
1. To maintain said tree belt; and
2. To prohibit and refrain from the following operations,unless prior written consent
is obtained from the GRANTEE, acting through its appropriate municipal agency
or successor, on the premises conveyed herein:
a. the construction or placing of buildings, structures, roads, signs or fence;
b. the dumping or placing of soil, leaves, yard wastes, etc., or other
substances or materials as landfill or dumping or placing of trash, ashes,
waste, rubbish,junk, garbage or unsightly or offensive materials;
C. the excavation, dredging or removal of loam, peat, gravel, soil, rock or
other mineral substance;
d. the removal or destruction of street trees.
The GRANTOR reserves unto itself, its heirs, successors, and assigns the right to
continue to use the property subject to said Street Tree Easement for all purposes not
inconsistent with the terms hereof.
The grant of the Street Tree Easement shall in no way grant anyone other than the parties
hereto the right to enter upon the property subject to the easement. The GRANTEE, or
its lawful agents, may enter the property for the purpose of inspection and ensuring that
the terms hereof are properly enforced.
The foregoing Street Tree Easement shall be permanent and shall be binding upon the
GRANTOR and its 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.
IN WITNESS WHEREOF, ANNE T. KEEN has caused these presents to be signed and
her seal to be hereto affixed this 25th day of February, 2004.
Wit ess Anne T. Keen
itn ss YOHW a� ( e
r
VOL. 15 9 6 PADE 136
STATE OF CONNECTICUT )
ss. South Windsor February 25, 2004
COUNTY OF HARTFORD )
Personally appeared ANNE T. KEEN, Signer and Sealer of the foregoing instrument and
acknowledged the same to be her free act and deed before me.
ohn . Bond, Jr.
C issioner of the Superior Court
Witness own Manager
Date
RECEIVED FOR RECORD-
ATE- TIME�``�'1'1J'
• a
OWN CLERK, SOUTH WINDS R, CT
PAGE 12 Zi
DRAINAGE EASEMENT 0 2 35 9
KNOW ALL MEN BY THESE PRESENTS,that ANNE T.KEEN, of the Town of South
Windsor, County of Hartford and State of Connecticut(hereinafter referred to as"GRANTOR"), for the
consideration of ONE DOLLAR($1.00)AND OTHER VALUABLE CONSIDERATIONS,received to
her full satisfaction of THE TOWN OF SOUTH WINDSOR, a municipal corporation chartered under the
laws of the State of Connecticut(hereinafter referred to as "GRANTEE"), do give, grant, bargain, sell and
confirm unto the said TOWN OF SOUTH WINDSOR, its successors and assigns forever, a perpetual
right to lay, install,maintain, inspect, operate,construct,use, alter, repair,replace,and remove storm
water or storm drainage systems and appurtenances thereto, in,through,upon and over certain pieces or
parcels of land as described in Exhibit A.
Within said parcel described in Exhibit A,the GRANTEE, its successors and assigns, shall have
the right to cut trees and bushes as may be convenient or necessary and to remove structures thereon,and
to pass and repass with men and equipment,to operate equipment and install materials incidental to the
construction of said storm water or storm sewer lines,storm water or storm sewer pipes, or storm water or
storm drainage systems and to excavate and fill,and, if necessary,to alter existing water courses or form
embankments over said storm water or storm sewer lines, storm water or storm sewer pipes, or storm
water or storm sewer drainage systems.
The GRANTOR herein, for herself,her successors and assigns, shall not erect or allow to be
erected any immobile structures on said easements or rights-of-way and shall not plant or allow to be
planted or grown any trees thereon or perform any work thereon within said easements or rights-of-way
which may endanger or interfere with said line, pipe or drainage systems.
The GRANTOR herein for herself,her successors and assigns,reserves the right to herself, her
successors and assigns,to continue to use the land within which the aforesaid easements or rights-of-way
have been granted for any uses and purposes which shall not in any way interfere with the use thereof by
the GRANTEE, its successors and assigns, in fulfilling the purpose for which these easements or rights-
of-way are granted.
The GRANTEE herein, for itself, its successors and assigns, agrees to restore and maintain said
premises in their original condition as nearly as possible commensurate with the above use upon the
completion of any maintenance, operation, construction,replacement or repair work in said easement or
right-of-way areas.
The GRANTEE agrees to hold the GRANTOR, her successors and assigns,harmless from and
against any and all damage to property or person caused by the construction and/or maintenance and
repair of said sewer line.
IN WITNESS WHEREOF,ANNE T.KEEN has hereunto set her hand and seal this 25t'day of
February, 2004.
12
Witnes N,�Ai, a Aqd c-n Anne T. Keen
1�3� CONVEYANCE TAX RECENED
itne s o �. �ov�,�• STATE$- LOCAL$ - No.X
-irj U
TOWN CLERK OF SOUTH WINDSOR
VOL. 15 9 6 PAGE 126
Exhibit A
A certain piece or parcel of land,located in the Town of South Windsor, County of
Hartford and State of Connecticut, known as Lot 2 on a neap entitled"PROPERTY
SURVEY PREPARED FOR ANNE T. KEEN, 140 PLEASANT VALLEY ROAD,
SOUTH WINDSOR, CONNECTICUT, SCALE I inch=20 ft., 9/22/03, SHEET NO. 2
OF 3, DESIGN PROFESSIONALS, INC. CIVIL ENGINEERS PLANNERS
SURVEYORS LANDSCAPE ARCHITECTS GIS GPS, 165 SOUTH SATELLITE
ROAD, SOUTH WINDSOR, CONNECTICUT", and being more particularly bounded
and described as follows, to wit:
Beginning at a point, said point being an iron pin on the northerly fight-of-way line of
Pleasant Valley Road and marking the southeast corner of the property described herein;
thence,proceeding N 04' 18' 20" W along land now or formerly of Louis J. &Eleanor G.
Ventitozzi, a distance of 54.03 feet to an iron pin; thence, S 74'25' 22" W a distance of.
33.08 feet to a point;thence, S 1.5'34' 38"E a distance of 33.56 feet to a point; thence, S
64'46' 45"E a distance of 29.74 feet to an iron pin, said iron pin being the point and
place of beginning.
VOL. 1596,PAGE . 12
STATE OF CONNECTICUT )
ss. South Windsor February 25,2004
COUNTY OF HARTFORD )
On this 25t'day of February, 2004,before me,John A.Bond,Jr.,the undersigned officer,
personally appeared ANNE T.KEEN,known to me(or satisfactorily proved)to be the person whose
name is subscribed to the within instrument and acknowledged that she executed the same for the
purposes therein contained.
In witness whereof I hereunto set my hand.
ohn A. Bond,Jr.
ssioner of the Superior Court
TOWN HALL USE ONLY
Approved by Town Engineer Date: Lol Y o
Approved by Town Manager v Date: y 6
Received for Record APR 14 2004
Time:
VOL 1 �i Co PAGE f S
Town Clerk
i
I
y
V01. 15 9 G PACE 1.19
CONSERVATION EASEMENT AGREEMENT 02358
THIS AGREEMENT made this_7_!�day of �,o,�L , 2004, by and between ANNE
T. KEEN of the Town of South Windsor, County of Hartford and State of Connecticut
(hereinafter called"GRANTOR"), and the TOWN OF SOUTH WINDSOR, a municipal
corporation having its territorial limits within the County of Hartford and State of Connecticut
(hereinafter called"GRANTEE");
WITNESSETH
WHEREAS,the GRANTOR is the owner of real property, hereinafter described, situated
in the Town of South Windsor, County of Hartford and state of Connecticut, which GRANTEE,
acting through its Inlands Wetlands Agency, and/or Planning and Zoning Commission and/or
Town Council, has determined would be in the public interest to retain, maintain and conserve in
its natural state; and
WHEREAS,the GRANTEE has determined that the maintenance and conservation of the
said property of the GRANTOR can best be accomplished by the securing by GRANTEE of a
conservation easement over, across and upon the said property of GRANTOR; and
WHEREAS, the GRANTOR is willing, in consideration of ONE DOLLAR($1.00) and
other valuable consideration, receipt of which is hereby acknowledged, to grant to said
GRANTEE the easement and covenants as hereinafter expressed concerning said property,
thereby providing for its maintenance and conservation.
NOW THEREFORE, said GRANTOR does hereby give, grant, bargain, sell and confirm
unto said GRANTEE, its successors and assigns forever, the right, privilege and authority as a
Conservation Easement Agreement perpetually to preserve,protect, limit, conserve and maintain
the land hereinafter described in its present natural condition. All covenants contained herein are
deemed to run with the land.
Said premises subject to this Conservation Agreement, hereinafter called the
"CONSERVATION EASEMENT AREA" are described as shown on Schedule A attached
hereto.
Said CONSERVATION EASEMENT AREA is delineated on the following map to be
filed on the South Windsor Land Records:
"PROPERTY SURVEY PREPARED FOR ANNE T. KEEN, 140 PLEASANT
VALLEY ROAD, SOUTH WINDSOR, CONNECTICUT, SCALE 1 inch=20 ft.,
9/22/03, SHEET NO. 2 OF 3, DESIGN PROFESSIONALS, INC. CIVIL ENGINEERS
PLANNERS SURVEYORS LANDSCAPE ARCHITECTS GIS GPS, 165 SOUTH
SATELLITE ROAD, SOUTH WINDSOR, CONNECTICUT"
CONVEYANCE TAX RECEIVED
STATES LOCALS ._..._...._No.
TOWN CLERK OF SOUTH WINDSOR
. VOL. 1596PAGE 120
Said CONSERVATION EASEMENT AREA is being set aside as a condition of
approval by the Town of South Windsor Inland Wetlands Agency/Conservation Commission of
application#03-70P—Keen Subdivision— 140 Pleasant Valley Road—Inland
Wetland/Conservation Commission application to create a two-lot residential subdivision.
The grant of this easement does not in any way grant to the public the right to enter upon
said CONSERVATION EASEMENT AREA for any purpose whatsoever unless stated
specifically in the Conservation Easement Agreement.
COVENANTS
GRANTOR covenants and agrees to prohibit and refrain from the following activities
under, over or upon the CONSERVATION EASEMENT AREA:
1. No buildings, camping accommodations, play equipment or vehicles of any type, or
mobile homes shall be placed or erected in the CONSERVATION EASEMENT AREA.
Fences are prohibited unless approved through EXCEPTIONS procedure, as described
below.
2. No signs, billboards or other such advertising materials or structures of any kind or nature
will be placed or erected upon, below or above the CONSERVATION EASEMENT
AREA.
3. The topography of the landscape of the CONSERVATION EASEMENT AREA shall be
maintained in its present condition, and no topographic changes shall be made.
Topographic changes shall include, without exclusion, cutting of trees (except as may be
required by good tree husbandry and maintenance after receiving written approval of the
GRANTEE), filling, excavating, dredging, mining or drilling, removal of topsoil, sand,
gravel,rocks, or minerals, alteration of natural or existing watercourses or drainage, or
the construction and installation of roads, driveways or utilities.
4. There shall be no use of pesticides,poisons, biocides or fertilizers, draining of wetlands,
burning or disturbance or change in the natural habitat of the CONSERVATION
EASEMENT AREA.
5. There shall be no manipulation or alteration of natural watercourses, lakeshores, marshes
or other water bodies, nor shall any uses or activities in the CONSERVATION
EASEMENT AREA be permitted which could be detrimental to water purity or to any
vegetative, wildlife or hydrological function.
6. There shall be no operation of vehicles, snowmobiles, dune buggies, motorcycles, mini-
bikes, go-carts, all-terrain vehicles or any other type of motorized vehicle in the
CONSERVATION EASEMENT AREA.
7. There shall be no dumping, no filling or placing of trash, ashes, leaves, waste, rubbish,
garbage or junk in the CONSERVATION EASEMENT AREA. In the event that such
VOL. 15 9 6 PAGE 121
materials are placed in the CONSERVATION EASEMENT AREA, the GRANTOR,
upon notice from the GRANTEE, will remove said materials within 30 days of such
notice.
8. There shall be no storage or placement of any equipment, natural or man-made materials
or substances in the CONSERVATION EASEMENT AREA.
The GRANTEE, or its successors or assigns, does not waive or forfeit the right to take action as
may be necessary or required in order to ensure compliance with said covenants and/or the
purposes for which this Conservation Easement was granted. It is the responsibility of the
property owner to be fully aware of all the conditions contained in the Conservation Easement
Agreement as expressed herein. The Town of South Windsor will vigorously enforce the
conditions established herein.
EXCEPTIONS
The GRANTOR with the written consent of the GRANTEE, acting by and through the
Inland Wetlands Agency/Conservation Commission, may enter upon the CONSERVATION
EASEMENT AREA to conduct the following activities:
1. Removal of debris, dead trees or brush for the purpose of promoting safety;
2. Pruning and thinning of live trees and brush for the purpose of promoting safety and
aesthetic quality, or restoration of natural balance including the removal of exotic
species;
3. Planting of trees, shrubs or other vegetation for the purpose of enhancing wildlife or
aesthetic quality.
GRANTEE'S approval for exempted activities may be withheld only upon a reasonable
determination by the GRANTEE that the action as proposed would be inconsistent with the
purpose of this Conservation Easement Agreement. Consideration shall be given to the manner
in which such activity is to be undertaken to ensure there is no detrimental impact to the natural
character of the land. In addition,the wildlife value of brush and dead trees to be removed shall
be considered and weighed against the purpose of the request.
The above procedure shall not abrogate the requirement to acquire any permits required
by local, state or federal law.
Before commencement of any site work in the CONSERVATION EASEMENT AREA,
the GRANTOR shall mark the boundaries of the CONSERVATION EASEMENT AREA with
wooden stakes. Such stakes shall be located at the endpoints of the boundary at each change of
boundary direction. The endpoints of the boundary shall be permanently marked with
merestones.
ACCEPTANCE OF EASEMENT
vfl . 15 9 6 PAGE 122
Acceptance of this Conservation Easement Agreement by the GRANTEE shall be
evidence by an affirmative vote of the South Windsor Planning and Zoning Commission in
accordance with the Town's Conservation Easement Ordinance, which is Section 164 of the
South Windsor Code of Ordinances.
LIMITATION ON RIGHT TO AMEND
If circumstances arise under which an amendment to or modification of this Conservation
Easement agreement would be appropriate, GRANTOR and GRANTEE may jointly amend this
Agreement by following the procedure outlined in the Town's Conservation Easement
Ordinance, which is Section 164 of the South Windsor Code of Ordinances.
RELEASE OF EASEMENT
If said CONSERVATION EASEMENT AREA, or any part thereof, shall be taken by
condemnation, or release of the CONSERVATION EASEMENT AREA has been requested,
then the procedures outlined in the Town's Conservation Easement Ordinance, which is Section
164 of the South Windsor Code of Ordinances must be followed.
IDENTIFICATION AND INSPECTION OF CONSERVATION EASEMENT AREA
The GRANTOR further covenants and agrees as follows:
1. The GRANTOR shall cause to be installed and maintained, merestones identifying the
boundaries of the CONSERVATION EASEMENT AREA.
2. The GRANTOR hereby grants the GRANTEE the right to access the property for the
purpose of maintaining markers identifying the boundaries of the CONSERVATION
EASEMENT AREA.
3. The GRANTOR hereby grants the GRANTEE, upon reasonable notice, the right to have
a representative of the Town inspect the CONSERVATION EASEMENT AREA to
determine if the GRANTOR, its successors and assigns, are complying with the
covenants and purposes of this Agreement.
4. The GRANTEE may enforce this Agreement by proceeding in law or in equity, including
but not limited to the right to require the restoration of the CONSERVATION
EASEMENT AREA to the condition at the time of this agreement. Any costs incurred
by GRANTEE in enforcing the terms of this Agreement against any violator including
without limitation, costs of suit and attorney's fees, shall be borne by the violator.
FINDING OF VIOLATION
1. If the GRANTOR is found by the GRANTEE, or its successor to have violated the terms
of this Easement or Agreement, the GRANTOR agrees, among other things, to cease and
VOL, 15 9 6 PAGE 123
desist from any activity violating the terms of this Conservation Easement Agreement,
and further agrees to restore the CONSERVATION EASEMENT AREAS as closely as
possible to their natural state. Such restoration shall include but is not limited to:
a) replanting with trees, shrubs or other appropriate vegetation acceptable to the
GRANTEE;
b) removal of any debris,trash, garbage, ashes, waste, rubbish, silt, unsightly or
offensive material;
c) removal of any unauthorized buildings, signs, billboards or other advertising, or
other structures on or above ground;
d) emplacement and maintenance of erosion controls;
e) restoration shall be at the expense of GRANTOR and in accordance with plans
developed by a qualified professional such as a landscape architect and/or
professional engineer, and approved by the GRANTEE or its successor.
2. If the GRANTOR is found to have violated a Conservation Easement Agreement,the
GRANTEE, or its successor, may exercise its discretion in accordance with the Town's
Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of
Ordinances, to levy a daily fine following notification to the GRANTOR of a Finding of
Violation, and proceeding until full restoration has been achieved and certified by the
appropriate Town Agency.
The foregoing Conservation Easement Agreement shall be permanent and binding upon the
GRANTOR and his/her heirs, successors and assigns, except as herein before set forth, and inure
to the benefit of GRANTEE, its successors and assigns.
TO HAVE AND TO HOLD the above-granted rights,privilege or authority unto said
GRANTEE, its successors and assigns forever, to its and their own proper use and behoof.
IN WITNESS WHEREOF, the GRANTOR has hereunto set or caused to be set her hand and
seal the day and year first aforementioned.
Signed, Sealed and Delivered
In the Presence o£
L.S.
or}y A /p, ,e GRANTOR—ANNP T. KEEN
418-1ubt-y A. Aide i
� . 124
L.S.
�y�/STiNE M Ko �WS1`C r RANTEE-TOWN OF S UTH WINDSOR
Town Manager Matthew B. Galligan
Ff"FtEr �}• ;
STATE OF CONNECTICUT
ss. South Windsor Ad°iei, 7 , 2004
COUNTY OF HARTFORD )
Personally appeared, ANNE T. KEEN, signer and sealer of the foregoing instrument and
acknowledged the same to be her free act and deed before me.
Jo A. Bond, Jr.
Co Toner of the Superior Court
STATE OF CONNECTICUT )
ss. South Windsor a , 2004
COUNTY OF HARTFORD
Personally appeared, MATTHEW B. GALLIGAN, signer and sealer of the fbre,oiig
instrument, and acknowledged the same to be his free act and deed as such Town-maaiager,'
before me. ;
n
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RE EIVED FOR RECORD:
4 O4- TIME I'l S . M.
44*4-�
OWN CLERK, SOUTH WIND R, CT
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
SOR•co��� TELEPHONE (860) 644-2511
CERTIFIED MAIL
December 1, 2003
Mrs. Anne T. Keen
22-3 Arthur Drive
South Windsor, CT 06074
Re: Appl 03-70P, Keen Resubdivision
Dear Mrs. Keen:
We are pleased to advise you that the Planning & Zoning Commission voted on November 25,
2003, to approve with modifications Appl 03-70P, Keen Resubdivision on 1.6 (+/-) acres to
create 1 new lot on property located on 140 Pleasant Valley Road, A-40 zone as shown on plans
prepared by Design Professionals, Inc., project#1785 and dated November 2003, as revised.
This approval is subject to the following modifications:
l. This approval is for 2 lots, numbered 1 and 2.
2. Drainage and construction for this subdivision is subject to the approval of the Town
Engineer.
3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are
subject to the approval of the Water Pollution Control Authority.
4. Water shall be supplied to this subdivision by public water.
5. A liability insurance policy shall be submitted to this Commission naming the Town of South
Windsor as an insured, with a combined single limit for bodily injury and/or property
damage in the amount of$1,000,000.
6. This application is subject to the conditions of approval of the Inland Wetlands
Agency/Conservation Commission.
7. Trees within the Street Trees Easement and any other trees on land that is currently or will in
the future become Town-owned land are to be planted in accordance with the enclosed Tree
Planting Specifications.
8. Prior to commencement of any site work, a meeting must be held with Town Staff.
9. All plans used in the field by the developer must bear the stamp and authorized signature of
the Town of South Windsor.
10. All easements for conservation purposes, drainage or utilities, that may be required in
connection with the approval of this subdivision,must be submitted on standard Town
easement form where appropriate, to this Commission prior to filing the mylars and issuance
of building permits. All deeds for open space,public improvements and roadways must be
submitted prior to request for Town acceptance; all deeds must be in accordance with the
policy for accepting deeds and must be approved by the Engineering Department and Town
Attorney.
11. Footing drains are required for each house. Prior to the building of any structure on a lot, a
topographic map, drawn to a scale of 1"=40', shall be submitted for each lot in the
subdivision, showing proposed contours, elevations and the location of the footing drains.No
building permits will be issued until the proposed contours, floor elevations and location of
footing drains have been approved by the Town Engineer.
12. If, for any reason, finished grading and other individual lot site work is not completed, the
Town Engineer shall determine the amount of a cash bond to ensure final grading and site
work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy.
13. Quantity estimates must be submitted to the Town Engineer(on the enclosed form) for the
purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond
policy and shall be posted prior to filing the final plans in the Town Clerk's office.
If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit
must be renewed on a yearly basis until completion of the development. If a new Letter of
Credit has not been received within 30 days before the expiration date, the Commission may,
at its option, call the Letter it is holding.
14. A drainage assessment fee in the amount of$50.00 shall be submitted to this Commission.
15. The Town Engineer's review comments dated 11/17/03 as revised must be addressed to the
Town Engineer's satisfaction.
16. 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.
Black and white transparent mylars of Sheets#2 with the above modifications, together with
three blueprint copies of the entire set of plans (including architectural elevations)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 March 9, 2003. After filing these plans, a copy of the receipt must
be submitted to the Planning Department.
Sincerely,
TI(Y-4 J-0"�
Timothy H. Wentzell, Chairman
Planning and Zoning Commission
THW/kak
cc: Town Engineer
Chief Building Official
Assessor
Superintendent of Pollution Control
Fire Marshal
Design Professionals, Inc.
DESIGN PROFESSIONALS, INC.
civil engineers ♦ planners ♦ surveyors
gis ♦ gps ♦ landscape architects
December 8, 2003
Marcia Banach, Director of Planning
Town of South Windsor
1540 Sullivan Ave.
South Windsor, CT 06074 ��G 2003
RE: Anne T. Keen
140 Pleasant Valley Road
South Windsor, Connecticut
DPI Proj. No. 03-1785
Dear Marcia:
On behalf of my client, Anne T. Keen, 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: I,,!t—/, i///,&, —
glen B. Semprebon, P.E.
cc: Anne T. Keen
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 9, 2003
Marcia Banach, Director of Planning
Town of South Windsor DEC 9 2003
1540 Sullivan Ave.
South Windsor, CT 06074
RE: Anne T. Keen
140 Pleasant Valley Road
South Windsor, Connecticut
DPI Proj. No. 03-1785
Dear Marcia:
On behalf of my client, Anne T. Keen, 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.
By:
alen B. Semprebon, P.E.
cc: Anne T. Keen
165 South Satellite Road, South Windsor, Connecticut 06074
Tel: (860)291-8755•Fax: (860)291-8757
Email: dpicivil@aol.com
SOWN Spq
07
C-1 U
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
tidsOR'CO TELEPHONE (860) 644-2511
D 3--)D h
January 9,2004
RECEIVED
\r ?lk,
Design Professionals,Inc. �. �004
165 South Satellite Road J A N
South Windsor,CT 06074
Attn: Karen Isherwood SOUTH WINSOR KAMM DEPT.
REVISED
RE: Keen Subdivision
Pleasant Valley Road
South Windsor,CT
Dear Ms.Isherwood:
The South Windsor Water Pollution Control Authority,at its regular meeting of January 6,2004,gave
approval for the connection to the Town's'sewerage system of a residential subdivision at 140 Pleasant
Valley-Road,South Windsor,,CT as more specifically shown on plans entitled"Topographic and S&E
Control Plan"prepared by Design Professionals,Inc. Project No. 1785,Drawing No(s)3 dated 9/22/03,
revised 11/20/03,and subject to the following conditions:
1. Technical approval of the Town Engineering Department.
2. Final Authority approval and acceptance of the sanitary sewerage connection will be given once
the.sewer line has been installed and inspected by the Town staff,and based upon the written
verification of the Town staff that said sanitary sewer line was installed in substantial conformance
with the design plans previously approved by the Authority,and meeting all Town regulations and
appropriate technical specifications relating to sanitary sewer construction.
This approval letter must be superimposed on the final approval plans.
Very truly yours,
J seph JCarin6,Chairman
Water Pollution Control Authority
JC:dd
Cc: Matthew Galligan,Town Manager
Michael J.Gantick;Director.of.Public Works
Jeff Doolittle;Town Engineer
Marcia Banach,Director of Planning t/
Chris Dougan,Chief Building Inspector
Anne T.Keen
SAWN Sfq
O-P so� V&U&ot
9 G� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR.CO��`v AREA CODE 860/644-2511
January 12, 2004
Mr. Peter DeMallie
Design Professionals, Inc.
165 South Satellite Road
South Windsor, CT 06074
Re: Appl#03-70P, Keen Subdivision
Dear Mr. DeMallie:
Please be advised that the Planning and Zoning Commission approved on January 6, 2003 to
grant 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 September 5,2004.
These extensions are the final extensions permitted under Connecticut General § 8-25.
Sincerely,
C 4 H CL,/v
Timothy H. Wentzell, Chairman
Planning and Zoning Commission
THW/kak