Loading...
HomeMy WebLinkAbout04-21P Site Plan of Development TOWN OF SOUTH WINDSOR '{ PLANNING&ZONING COMMR�' �jA�I. < APPLICATION FORM �`++��+VE® Application No: CJ Z-1 P MAR � 2004 Official Receipt Date: t3--Z 3 --0 q HWINDSORP Receipt No: SOOT CANNINGDEPT. APPLICANT: e wee a- PROJECT NAME: ,�r 6-�._ P � tee+ ADDRESS: r C� OWNER OF RECORD ON LAND RECORDS: v� (?,— ADDRESS: �i"'�r� 1(�i�. . Lea COMPLETE LOCATION OF PROPERTY: �J ©1 �i, Y•,�p 0. �D�cX ASSESSOR'S MAP# _ PARCEL#�_ ZONE ' NAME, ADDRESS, TEL& FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: `� • J.ee c� p �- s C?1c� v�t�So f �v Q'M �Sb�U timated presentation time: O-t S vv�i S THIS APPLICATION IS FOR: (Check all that apply):Fo`� PP Y)� ❑ 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 (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) (Public Hearing Required) ❑ Temporary and Conditional Permit for(Public Hearing Required) ❑ In Law apartment/Accessory Apartment(Public Hearing Required) ❑ Major Home Occupation for (Public Hearing Required) ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (1.0) days prior to being heard by the Commission. Si euref Applicant Signature of Property Owner September 30, 1998 Mr. Paul Keller Electro Methods 330 Governors Highway South Windsor, CT 06074 Dear Mr. Keller: Re: Installation of Heliport at 330 Governors Highway The Planning and Zoning Commission of the Town of South Windsor has reviewed the request of Electro Methods for a heliport on Electro Methods' private property at 330 Governor's Highway. It is our understanding that this heliport is to be used for private purposes only, in connection with Electro Methods' business operations. The Planning and Zoning Commission grants permission to Electro Methods to install the heliport. It is our observation that, while any air travel has inherent hazards (such as nearby electric power lines), the selected landing site presents minimal danger to residential areas. The South Windsor Police Chief and Fire Marshal have also indicated that they have no concerns regarding the proposal. Very truly yours, Planning &Zoning Commission Frank A. Castro, Jr., Chairperson FAQ/dlw Appl #04-21P, Electro Methods Site plan Modification Planning Department Report 1. Request for site plan approval for the construction of a 29,800 square foot facility located on the westerly side of Nutmeg Road North, northerly of Governor's Highway, I zone. This building will be located behind the existing building at 519 Nutmeg Road North. Maximum impervious coverage allowed is 65%; the site exists with 70% coverage (and was built at a time when the impervious coverage allotment was greater).. Lot size is 8.7 acres; minimum lot size allowed is 20,000 sf. Frontage is 383 feet; minimum allowed is 100 feet. Front yard setback for the 1000 feet for the new building, the existing building is approximately 219 feet from the road. 2. Access to the new building will be via the existing drive. There is also a driveway cut shown to the adjacent property and cross travel easements in place to allow for movement between the two sites without entering Nutmeg Road North. 3. The perimeter of the site is completely fenced and the building. The site is currently landscaped and the applicant is proposing to add some landscaping along the front paring area. 4. Parking requirement for the new building is 28 spaces. The applicant is showing �4 spaces and showings spaces as reserved. (The plan shows a waiver request- however a reserved area has been shown. No waiver is necessary with a reserved area shown.) 5. There are two loading docks located on the back of the building. They will not be visible from public roads. 6. Proposed lighting includes hooded spotlights on the building. 7. There is an existing 8 foot retaining wall around the perimeter of the property. 8. There is no new signage proposed. 9. There are regulated wetlands along the southerly ditch. The applicant has received a minimal impact permit from the IWA/CC with no special conditions. 10.Water Pollution Control Authority approval is required. 11.There is an existing dumpster area that it shown to be relocated and placed on a concrete pad and screened. The new area shown is smaller. Will that area shown be adequate? If this application is approved, there are no approval modifications to request. • c as `� p 74.4 / \ x / \x \ 75.4 x \ \ \ 4c.e. F. 72.7 / 7 ` 73.1 C 70.6.'S � x \\ css STORAGE x 73.6 AREA x 72.5 's STORAGE AREA / ) V 2 76.9 O x x 74.9 x 76.3 64J x 72.9 \\ / / x Q 74.4 k 73.1 \ \ 72.9 x73.9 ] 1 / 1 7 .5 J ' Town of South Windsor General Map N Connecticut ROAD NAMES r.ry Date Printed: March 16,2004 CONDOS PARCELS 0 200 Feet Property boundaries are derived from the Town of South Windsor Tax Assessor maps,digitized at a scale of 1 inch=100 feet,and include the same data limitations and disclaimer as the Assessors maps. All other data portrayed is representation only and,due to inherent mapping limitations,should be used as a guide only. The intent of this map is to present a graphical representation of property boundarie and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001. Kelli Koehler- Re A 104 21_PL Electro Methods Site Plan Modification Pale 1_ From: Dennis Sheridan To: Kelli Koehler Date: 3/16/04 4:48PM Subject: Re:Appl 04-21 P, Electro Methods Site Plan Modification Tax base will be looking up soon! dds >>>Kelli Koehler 03/16/04 03:55PM >>> Please respond with comments. Kelli Koehler Re Ap 104 21 P Electro Methods Site Plan Modification Pnri= 1 From: Bob Deptula To: Kelli Koehler Date: 3/17/04 8:58AM Subject: Re:Appl 04-21 P, Electro Methods Site Plan Modification No comments >>> Kelli Koehler 03/16/04 03:55PM >>> Please respond with comments. South • • Planning Department Me o To: Jonathan Festa, PDS Engineering From: Michele Lipe,Assistant Director of Planning Date: 3/25/2004 Re: 04-21 P, Electro Methods Review Comments Following are review comments from the Planning Department. Please make appropriate revisions and submit seven complete sets (including landscaping and architectural elevations) to the Planning Department at least 10 days prior to the scheduled hearing. Engineering comments will be forthcoming. If you have any questions, please call. 1. The zoning data table, showing required and provided setbacks, frontage, impervious coverage, height, parking requirement, should be based on the entirety of existing and proposed development(from a zoning perspective, this is considered one site). 2. It appears that required parking for the new building is not being provided. Applicants can request a waiver to the section, however we would recommend that reserve area be shown (does not need to be constructed at this time) in the event additional parking is needed. 3. Are there any easements on the property? (A chart should be provided reflecting grantor/grantee(see site plan checklist)for format 4. Is there any new lighting proposed? If so, an isolux diagram of the lighting should be provided. 5. A site visit revealed that the existing dumpsters sit in the area of the driveway extension and are not on a concrete pad or screened. Please show where these dumpsters are going to be relocated. 6. WPCA—Fred Shaw has requested information on how the building will be used. 1540 Sullivan Avenue,South Windsor,CT 06074 PH 860-644-2511,ext.253 Fax 860-644-7280 e-mail banach@south\Mndsor.o[g 0 Page 1 �aW N Sf� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 860/644-2511 CERTIFIED MAIL March 17, 2004 Jonathan Festa 7002 3150 0002 0356 4035 107 Old Town Road Bloomfield, CT 06002 RE: Appl• -21P, South Sea Company Inc.Minimal Impact Application, 330 Governors Industrial Zone Highway, I Dear Mr. Crisp: The Inland Wetlands Agency/Conservation Commission,through staff has approved minim um impact application#04-21P South Sea Company-Inc, 330 Governors Highway. Inland Wetland/Conservation Commission minimal impact application for a building addition and improvements to an existing parking lot within the upland review area ofan adjacent wetland(Assessor's Map#72,parcel#11). This approval is subject to the followingconditions: pp 1• The application shall indemnify and hold harmless the Town of South Windsor against any liability' which might result from the proposed operation or use. ' 2. The permit is valid for five years and shall expire on March-13,-2009,-it-is-th landowners)/applicant(s)responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration. 3. Erosion controls in the form of silt fence must be installed at the limit of clearing to prevent migrating sediments from entering the adjacent wetland. (See attachment) 4. All additional approvals required must be obtained and submitted prior to any activity on the site. 5. The applicant shall cause notice of the decision to be published in a daily newspaper havin a general circulation in the T own. Ti'he notice must be published within ten IO g e rece of the-decision. The applicant must notify the Planning office of the date of publication andlpt fax or mail a copy of the published legal notice. Appeal of this decision may be brought to the Agency within fifteen(15)days after the publication date of the notice. Very truly your , Jeffrey H. Folger, Environmental Planner INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION cc: Inland Wetland/Conservation Commission Director of Planning Chief Building Official MEMORANDUM To: Marcia Banach, Director of Planning From: Jeffrey B. Doolittle, P.E., Town Engineer Date: 4/2/04 RE: App 04-21 P—Electro Methods Site Plan have reviewed the site plan application for the proposed Electro Methods building on Nutmeg Road North, and I have the following comments: 1. What is the proposed use of this building? Will there be trucks stored or loaded and unloaded inside the building. If so floor drains and an oil/grease separator and possibly a grit separator will be required. A DEP permit may also be required. 2. The proposed building elevations show an overhead door and pedestrian door on the east side of the building. These need to be shown on the site plan. 3. The site plans shows an area on the east side of the proposed building between the new 16' W Bit. Conc. Pavement and the Existing 8" Concrete Driveway that is between 9 and 19 feet wide and is about 152 feet long. What is proposed for this area; grass, bit pavement, stone or some other material? 4. What will happen to the existing yard drains that will be in new pavement around the proposed building? If these are to remain in service they may need to be rebuilt to handle truck traffic. Provide more information on these drains and a detail for their reconstruction as necessary. 5. Where does the storm water go from this property. Provide stormwater calculations for this site including the proposed building. Show that the peak runoff is not increased due to the new building and parking areas. Also show how the stormwater will be treated to achieve 80% TSS removal in accordance with EPA and DEP guidelines. 6. Additional details are needed for the sanitary sewer service including the grinder pump specs, the 2" sanitary force main construction and a detail for sanitary manhole. The Town of South Windsor Standard Details for a sanitary sewer manhole, sanitary sewer trench construction and road restoration need to be included. 7. The connection of the 2" force main into the existing sanitary sewer needs to be revised as follows: Run the 2" force main to a new monitoring manhole to be installed in the ROW or just onto the property with an access easement to the Town of South Windsor. The connection from the monitoring manhole to the existing sanitary sewer shall be by a gravity line at least 6" diameter. Show a profile of the sewer in this area, elevations of the existing and proposed sewer lines, and details for the connection into the existing sanitary sewer on Nutmeg Road North. 8. One or two trees will probably have to be removed to install the sanitary sewer lines and water service lines to the propose building. Revise the plan accordingly. 9. WPCA review and approval is required for this application. 10.A Drain Layers permit will be required to install the sanitary sewer system and a street cut permit will be required to excavate in the road to connect to the sewer system and water main. Please call me if you have any questions. MEMORANDUM TO: Michele Lipe, Assistant Director of Planning FROM: Joseph J. Perna, Project Engineer CC: Jeff Doolittle, Town Engineer DATE: April 27, 2004 RE: App. 04-21P — Electro Methods Site Plan At your request, I have reviewed the revised site plans and submittals and offer the following comments based on Jeff Doolittle's comments generated on 4/2/04 : 1. Oil/debris separators in the form of trap hoods should be installed in all catch basins located in loading areas. The Engineer must submit a detail for the trap hood installation for approval by the Town Engineer. 2. Add detail for temporary pavement patching detail to plans. 3. Provide detail of drop inlet for 2 inch sanitary force line into the new monitoring manhole. 4. WPCA review and approval is required for this application. 5. Revise general note on site plan to state that a street cut permit will be required for installation of sewer manhole and for connections to water main with a permanent patch fee collected. These comments may be addressed as conditions of approval if so desired. Final plans with these modifications should be submitted prior to application for the building permit. t ` SOW N Sf4 a South m � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 f�OSOR-CO TELEPHONE (860) 644-2511 CERTIFIED MAIL 7002 3150 0002 0356 4271 May 5, 2004 Mr. Jonathan Festa PDS Engineering&Construction 107 Old Windsor Road Bloomfield, CT 06002 Dear Mr. Festa: Re: Appl#04-21P, Electro Methods Site Plan We are pleased to advise you that the Planning&Zoning Commission voted on April 27, 2004 to approve with modifications the above referenced application for a Site Plan of Development. This approval is for the construction of a 29,700 sf building on property located on the westerly side of Nutmeg Road North(behind existing building at 519 Nutmeg Road North),northerly of Governor's Highway, I zone as shown on plans prepared by PDS Engineering&Construction, Job Name Electro Methods , dated April 20,2004, as revised. This approval is subject to the Pp bj J following modifications: 1. Prior to commencement of any site work, a meeting must be held with Town Staff. 2. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 3. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission. 4. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations. 5. Footing drains are required if the building has a basement. 6. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. Ilk , 7. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority. 8. If a State Traffic Commission certificate is required, no building permits will be issued until the certificate has been issued(per CGS §14-311). 9. The building street number must be included on the final plan. 10. Pavement markings must be maintained in good condition throughout the site drives and parking areas. 11. Engineering comments of 4/27/04 must be addressed to the Town Engineer's satisfaction. Black and white transparent mylars of Sheet#C101 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 the mylars have been signed by the Commission,they will be returned to you for filing in the Office of the Town Clerk. After filing these plans, a copy of the receipt must be submitted to the Planning Department. Sincerely, CA f 0 Timothy H. Wentzell, Chairman Planning and Zoning Commission THW/kak cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal 110" Sf4 a 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 soR.co TELEPHONE (860) 644-2511 May 6,2004 RECEIVED PDS Engineering IPA 13 2004 107 Old Windsor Rd. Bloomfield,CT 06106 SOUTH WINDSOR PLANNING DEPT. Attn: Jonathan Festa RE: Electro-Methods -71 519 Nutmeg Road North South Windsor,CT Dear Mr.Festa: The South Windsor Water Pollution Control Authority,at its regular meeting of May 4,2004,gave approval for the connection to the Town's sewerage system of a commercial building at,519 Nutmeg Road North as more specifically shown on plans entitled"Electro-Methods,Inc.—Site Grading&Utility Plan" prepared by PDS Engineering&Construction,Inc.,Drawing No(s)C-101 dated 3-15-04,revised 3-16-04 and 4-20-04,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, i J` eph f.Caflno,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 Chris Dougan,Chief Building Inspector Electro-Methods,Inc. G JOWN 4 O a r�,asoR.co w 1540 SULLIVAN gVENUE�JSOUTH WINDSOR, CT 06074 Y Ma 28, 2004 TELEPHONE(860) 644-2511 Mr. Jonathan Festa PDS Engineering 17 Old Windsor Road Bloomfield, CT ad 06002 Re: Preconstruction Meeting_Ap 104_ P 21P, Electro Dear Mr. Festa: Methods IN ATTENDANCE Michele Lipe JeffDoolittle TOS W J D eff o TOSW 1540 Sullivan Avenue Calafiore pDS En 1540 Sulliv 860 644-2511 x252 Engineering 107 Old an Avenue 860 644-2511 x245 Bloomfieldmdsor Road 860 242- The following , CT 06002 8586 is a brief summary of Points discussed d Erosion and Sedimentation Control during the meeting: 1 All erosion and s o erations in �lmentation control each area measures are to be in Fol er and maintain lace g , Zoning/V�retlands /cleaned out Burin rior to-earth- .Prior to Enforc construction, movm commencement of site work eor i�fficer for ins Call Jeffrey inspection when 2. All to anYProblems/cones in are in place, topsoil stockpile areas to be rns arise during construction. 3, protected(ringed with haybales or During construction of the road/d ' dual). maintained to minimize nveway a crush chloride or tracking of dirt/ ed stone tracking pad is to be installed and water is to be used for dust gravel on control as re to Nutmeg Road North. Calcium Public Works required. 1• Three complete sets of construction. The approved/revised plans to needs.Construction. Y will be stamped b be Provided to Y approved Plans are to be the Planning g with prior to start of used on the job site. ent along with plans developer 2' The Engineering De major cons paent is tract to be notified ion work with ins forty-eight 48 required) for the following: pections and testing ( ) hours per DeveloP Checklist nor ecklist (requested,to the start of a• After site is staked out b• All drainage work c• Preparation of subgrade, compaction tests as per DevPi..,,,...,_ _ d. Preparation of subbase, six(6) inch lifts e. Placement of bituminous concrete,two (2)inch layers maximum 3. Certification of gravel used as subbase and processed stone for base will be required from an approved testing company. 4. Certification of all products used -- storm pipe, structures, pavement, etc., shall be presented to the Town Engineer prior to installation. 5. No subgrade formation/base in frozen ground/snow. Same for pipe/structure installation. 6. As built plans are to include horizontal and vertical location of all underdrains, footing drains, and sanitary sewers and house service laterals located as per revised as-built checklist. 7. All pipe and structures to be backfilled with free draining material, compacted in maximum one foot lifts with approved compaction equipment or approved equal if deep trench is encountered. Any pipe or structure work requires inspection prior to backfilling. 8. Any problems and/or questions regarding construction of this project will be directed in the field to Serafino Calafiore(860)202-3461 and Ed Burt(860) 690-8711. 9. All filling to be done in accordance with Department of Transportation specifications. To be compacted in maximum lifts and tested as necessary. 10. Job meetings will be held as needed,and can be called by the developer or Town. 11. Seventy-two (72)hours' notice needed for certificate of occupancy inspection. 12. Any proposed changes are to be presented to the Engineering or Planning Department prior to implementation on change order form in quadruplicate with 4 copies of the drawing. Town will attempt to turn around within 24 hours. 13. Normal hours of operation 7:00 a.m.—5:00 p.m.,no work on Sunday. 14. No paving after October 15 or before April 15 without written approval from Director of Public Works. 15. A drain layers permit is required for installation of the sewer lateral and manhole. 16. A street cut permit is required for water service and possibly sanitary manhole. 17. Extra care must be taken when compacting around structures such as catch basins and manholes. These spots often become problem areas in the future due to settling,therefore, the town staff/inspectors will be requesting additional compaction tests in these areas. 18. Sanitary lateral locations should be tied down to existing structures and shown on the progress as-builts. 1. Landscaping is to be installed in accordance with the approved landscaping plan. If there are changes required, contact the Planning Dept. Additional landscaping installed on one part of a site will not preclude planting all of the remaining items shown on the landscaping plan. SNET/NU 1. Contact utilities for coordination of utilities connection. Fire Marshal 1. Blasting(if required)to be coordinated with the Fire Marshal. Police Services 1. Emergency phone numbers for the duration of the construction must be provided to Police Services on a company letterhead. If the developer occupies or owns the building after construction emergency numbers must be provided to Police Services. 2. All buildings located on property that abuts a public highway must be numbered and visible from the street. All numbering shall comply with Town Ordinance 6-800 through 6-802. Barns, garages, and outbuildings, which are located on the same premises as a numbered structure, are excluded. 3. Erect temporary sign on the site during construction identifying the project. 4. If an alarm is to be installed contact Police Services. Building Department 1. Plan review with Building Official/Fire Marshal required prior to application for building permit. Coordinate with Chief Building Official. Sincerely, Michele R. Lipe,AICP Assistant Director of Planning MRL/kak cc: Jeff Doolittle,Town Engineer Karl Reichle, Public Works Mel Stead,Public Works Christopher Dougan, Chief Building Official Fred Shaw, Superintendent of Pollution Control CL&P SNET TOWN OF SOUTH WINDSOR STAFF SITE CHANGE FOR SITE & SUBDIVISION GENERAL: CHANGE ORDER CONTACT PERSON SM f;n o Ca 146 04 Phone No. Address ' rye y 2cl• No(AAA Site Name be $ V, c.-Kro PAP -VA065 P&Z No. Owner \at^Z Me.--Aods. Phone No. ,P�� �+i`r3tob� Contractor n �: . Signature of Owner - Date: q Signature of Design Engr. Date: t�1.2 3 1CA4 CHANGE: (Describe location and nature of change. Include Four (4 ) copies of plan/profile of Change. ) Reason for Change: (Why is change required) C-\,) \Q.,jRc1�rJ G �t� D(UDK CArc-ct L,,,, 11 Aot C,110L,.,, +A'N+4st►St0,1 6f 4 '14 Jv% QE'p2 APPROVALS: (As Required) Dir. Of Planning `s r: r Date: ,'_ Town Engineer Date: r Dir. of Public We ks Date: Other: Date: STAFF COMMENTS: rA .t White - Town Engineer Yellow - Applicant Pink Director of Planning Goldenrod Engineering Department BYRriE & STORM, P.C. RECE-I' V-D ATTORNEYS AT LAW 750 Main Street,Suite 1500 AM 11 Hartford,Connecticut 06103 (860)52525.00 Fax:(860)525-0287 S"w(N$OR RMMNG DEPT. www.bymestorm.com December 28, 2012 CERTIFIED MAIL RETURN RECIEPT REQUESTED Patrick Kennedy Chairperson Planning and Zoning Commission 1540 Sullivan Avenue South Windsor, CT 06074 Re: Environmental Land Use Restriction 519 Nutmeg Road North South Windsor, CT Dear Mr. Kennedy: Please find enclosed a copy of a copy of an Environmental Land Use Restriction for519 Nutmeg Road North, which was recorded on December 26, 2012 as Document Number 07658 of the South Windsor Land Records Should you have any questions please contact the undersigned. Very truly yours, James F. Byrne JFB/jlga Enclosures Cc: Paul Keller Declaration of Environmental Land Use Restriction and Grant of Easement 519 Nutmeg Road North, South Windsor, Connecticut � `0 6 8 After Recording Return to: i certify this t0 be a true copy Environmental Land Use Restriction Coordinator of the dQCUment recorded State of Connecticut Department of Energy&Environmental Protection in SouthVVindsor Ladd Records. Remediation Division Dated a out Winds or, CT Bureau of Water Protection and Land Reuse ;oiw 79 Elm Street day Of 'd- Hartford,CT 06106 ierk DECLARATION OF ENVIRONMENTAL LAND USE RESTRICTION AND GRANT OF EASEMENT This Declaration of environmental land use restriction and Grant of Easement is made this day of N o y-fm be r- ,a o{2- , between Electro-Methods, Inc. (the "Grantor") and the Commissioner of Environmental Protection of the State of Connecticut(the"Grantee"). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property(the"Property")known as 519 Nutmeg Road North,located in South Windsor, in Hartford County designated as Map 72/Lot 11 on the tax map of South Windsor,in Hartford County,more particularly described on Exhibit A which is attached hereto and made a part hereof,and WHEREAS, the Grantee has determined that the environmental land use restriction set forth below is consistent with regulations adopted by him pursuant to Section 22a-133k of the Connecticut General Statutes; and WHEREAS, the Grantee has determined that this Environmental land use restriction will effectively protect public health and the environment from the hazards of pollution; and WHEREAS, the Grantee's written approval of this environmental land use restriction is contained in the document attached hereto as Exhibit B(the"Decision Document")which is made a part hereof;and WHEREAS, the property or portion thereof identified in the class A-2 survey (the "Subject Area")which survey is attached hereto as Exhibit C which is made a part hereof, contains pollutants;and WHEREAS, to prevent exposure to or migration of such pollutants and to abate hazards to human health and the environment,and in accordance with the Decision Document,the Grantor desires to impose certain restrictions upon the use, occupancy,and activities of and at the Subject Area, and to grant this environmental land use restriction to the Grantee on the terms and conditions set forth below; and WHEREAS, Grantor intends that such restrictions shall run with the land and be binding upon and enforceable against Grantor and Grantor's successors and assigns; NOW,THEREFORE,Grantor agrees as follows: 1. Purpose. In accordance with the Decision Document, the purpose of this Environmental land use restriction is to assure that humans are not exposed to soils at Subject Area A polluted with substances in concentrations exceeding the direct exposure criteria established in the Regulations of Connecticut State Agencies sections 22a-133k-1 through 22a-133k-3, inclusive; and that water does not infiltrate soils at Subject Area A polluted with substances in concentrations exceeding the pollutant mobility criteria established in the Regulations of Connecticut State Agencies sections 22a- 133k-1 through 22a-133k-3, inclusive. 2. Restrictions Applicable to the Subject Area.In furtherance of the purposes of this environmental land use restriction, Grantor shall assure that use, occupancy, and activity of and at Subject Area A are restricted as follows: Page 1 of 5 A Declaration of Environmental Land Use Restriction and Grant of Easement 519 Nutmeg Road North, South Windsor,Connecticut A. Disturbances. Soil in Subject Area A located beneath the existing building shall not be exposed as a result of excavation, demolition or other activities. The concrete building slab which is in Subject Area A, shall not be disturbed in any manner by activities such as demolition, excavation or other intrusive activities. B. Demolition. Demolition of the existing building within Subject Area A shall not be permitted, and soil in Subject Area A shall not be exposed to infiltration of water. 3. Except as provided in Paragraph 4 below,no action shall be taken,allowed,suffered,or omitted if such action or omission is reasonably likely to: i. Create a risk of migration of pollutants or a potential hazard to human health or the environment;or ii. Result in a disturbance of the structural integrity of any engineering controls designed or utilized at the Property to contain pollutants or limit human exposure to pollutants. 4. Emergencies. In the event of an emergency which presents a significant risk to human health or the environment, the application of Paragraph 3 above may be suspended, provided such risk cannot be abated without suspending such Paragraph and the Grantor: i. Immediately notifies the Grantee of the emergency; ii. Limits both the extent and duration of the suspension to the minimum reasonably necessary to adequately respond to the emergency; iii. Implements all measures necessary to limit actual and potential present and future risk to human health and the environment resulting from such suspension; and iv. Implements a plan approved in writing by the Grantee, on a schedule approved by the Grantee, to ensure that the Subject Area is rem ediated in accordance with R.C.S.A. sections 22a-133k-1 through 22a- 133k-3, inclusive, or restored to its condition prior to such emergency. 5. Release of Restriction;Alterations of Subject Area. Grantor shall not make,or allow or suffer to be made, any alteration of any kind in, to,or about any portion of any of the Subject Area inconsistent with this Environmental land use restriction unless the Grantor has first recorded the Grantee's written approval of such alteration upon the land records of South Windsor. The Grantee shall not approve any such alteration and shall not release the Property from the provisions of this environmental land use restriction unless the Grantor demonstrates to the Grantee's satisfaction that Grantor has remediated the Subject Area in accordance with R.C.S.A. sections 22a-133k-1 through 22a-133k-3,inclusive. 6. Grant of Easement to the Grantee. Grantor hereby grants and conveys to the Grantee,his agents, contractors, and employees, and to any person performing pollution remediation activities under the direction thereof, a non-exclusive easement (the "Easement") over the Subject Area and over such other parts of the Property as are necessary for access to the Subject Area or for carrying out any actions to abate a threat to human health or the environment associated with the Subject Area. Pursuant to this Easement,the Grantee,his agents, contractors, and employees, and any person performing pollution remediation activities under the direction thereof, may enter upon and inspect the Property and perform such investigations and actions as the Grantee deems necessary for any one or more of the following purposes: i. Ensuring that use, occupancy, and activities of and at the Property are consistent with this environmental land use restriction; ii. Ensuring that any remediation implemented complies with R.C.S.A. sections 22a-133k-1 through 22a-133k-3, inclusive; iii. Performing any additional investigations or remediation necessary to protect human health and the environment; Page 2 of 5 Declaration of Environmental Land Use Restriction and Grant of Easement 519 Nutmeg Road North, South Windsor,Connecticut 7. Notice and Time of Entry onto Property. Entry onto the Property by the Grantee pursuant to this Easement shall be upon reasonable notice and at reasonable times, provided that entry shall not be subject to these limitations if the eiiantee detunnines that immediate entTy is necessary to protect uman heami or the environment. 8. Notice to Lessees and Other Holders of Interests in the Property. Grantor, or any future holder of any interest in the property, shall cause any lease, grant, or other transfer of any interest in the Property to include a provision expressly requiring the lessee, grantee, or transferee to comply with this environmental land use restriction and Grant of Easement. The failure to include such provision shall not affect the validity or applicability to the Property of this environmental land use restriction and Grant of Easement. 9. Persons Entitled to Enforce Restrictions. The restrictions in this environmental land use restriction on use, occupancy,and activity of and at the Property shall be enforceable in accordance with section 22a-133p of the General Statutes. 10. Severability and Termination. If any court of competent jurisdiction determines that any provision of this environmental land use restriction or Grant of Easement is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for,validity and enforceability as determined by such court. In the event that the provision invalidated is of such nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case, the remaining provisions of this instrument shall remain in full force and effect. Further, in either case,the Grantor shall submit a copy of this restriction and of the judgement of the Court to the Grantee in accordance with R.C.S.A. section 22a-133q-1(1). This environmental land use restriction shall be terminated if the Grantee provides notification pursuant to R.C.S.A. section 22a-13 3 q-1(1). 11. Binding Effect. All of the terms, covenants and conditions of this environmental land use restriction and grant of easement shall run with the land and shall be binding on the Grantor, the Grantor's successors and assigns, and each owner and any other party entitled to possession or use of the Property during such period of ownership or possession. 12. Terms Used Herein. The definitions of terms used herein shall be the same as the definitions contained in sections 22a-133k-1 and 22a-133q-1 of the Regulations of Connecticut State Agencies as such sections existed on the date of execution of this environmental land use restriction. [Signature Page Follows] Page 3 of 5 Declaration of Environmental Land Use Restriction and Grant of Easement 519 Nutmeg Road North, South Windsor,Connecticut GRANTOR: 1 �1 Date William . Soucy Duly Authorized Vice President Electro-Methods,Inc. Witnesses: AIAIA A' siture Printed/Typed Name atu e 111,6 Printed/Typed Name STATE OF CONNECTICUT ) Net,,� ss. < South Wi_nsdor > < 9wt, 2012> COUNTY OF HARTFORD ) Personally appeared William W. Soucy V.P. of Tolland; CT:! signer and sealer of the foregoing instrument, and acknowledged the same to be his/her free act and deed, and the free act and deed of said corporation,before me. Notary Public/ rt N61"ARY PUBLIC Page 4 of 5 MY COMMISS1014 EXPIRES 73.2���cF Declaration of Environmental Land Use Restriction and Grant of Easement 519 Nutmeg Road North, South Windsor, Connecticut GRANTEE: Grantee,the Commissioner of Energy& Environmental Protection,by her duly designated agent, Reuse.Betsey Wingfield,Buieau Chief,Bureau of Water Protection and Land Date Bets Wingfield,Bureau Chief Bureau of Water Protection&Land Reuse Connecticut Department of Energy&Environmental Protection 79 Elm Street Hartford,CT 06106 :'age 5 of 5 Exhibit A Property Metes and Bounds Description Environmental Land Use Restriction and Grant of Easement 519 Nutmeg Road North, South Windsor, Connecticut A certain parcel Of land situated on the westerly side of Nutmeg Road North,being bounded and described as follows: Beginning at an iron pipe on the westerly right of way line of Nutmeg Road North, said point is also the southeasterly corner of land now or formerly Tolland Warehouse LLC; thence S 15'40' 52" W along the westerly right of way line of Nutmeg Road North, 383.64 feet to a monument a the northeast corner of land now or formerly Electro- Methods, Inc. 330 Governors Highway; thence N 66' 21' 20" W along the northerly property line of land now or formerly Electro-Methods, Inc. 330 Governors Highway, 423.36 feet to a point; thence N 66'21' 20" W along the northerly property line of land now or formerly Electron Technologies Corporation. 330 Governors Highway, 576.68 feet to a brownstone at land now or formerly Southern Connecticut Railroad; thence N 15' 31' 21" E along the easterly property line of land now or formerly Southern Connecticut Railroad, 381.68 feet to a concrete monument at the southeasterly corner of land now or formerly Tolland Warehouse LLC.; thence S 66'28' 31" E along the southerly property line of land now or formerly Tolland Warehouse LLC, 1000.82 feet to the point and place of beginning. CADocuments and Settings\toconnor\Local Settings\Temporary Internet riles\Content.0utlook\WKD731-IZ5\2-519 Exhibit A- Property Metes and Bounds.doc Declaration of Environmental Land Use Restriction and Grant of Easement Decision Document (Exhibit B) 519 Nutmeg Road North, South Windsor, Connecticut EXHIBIT B DECISION DOCUMENT The purpose of this document is to describe 1) the type and location of pollutants in the soil or groundwater at the specific area noted below at the Electro-Methods,Inc. property located at 519 Nutmeg Road North in South Windsor, Connecticut ("the Property") for which an Environmental Land Use Restriction (`BLUR") is necessary, 2)the provisions of the ELUR and the reasons such restrictions or limitations on the use of the Property or portions of the Property are necessary to adequately protect human health and the environment, and 3) how the ELUR is consistent with the Remediation Standard Regulations, Sections 22a-133k-1 through 22a-133k-3 of the Regulations of Connecticut State Agencies("R.C.S.A."). The ELUR prohibits certain activities at Subject Area A. Subject Area A consists of the existing building located on the easterly portion of the Property as depicted on Exhibit C. Within Subject Area A on the Property,extractable total petroleum hydrocarbons are present in soil at concentrations in excess of the direct exposure criteria,as defined in Section 22a-133k-1 of the R.C.S.A. The polluted soil is located beneath an existing building and is therefore inaccessible. Such polluted soil does not pose a risk to human health,provided the soil is not exposed, excavated or disturbed such that people may come into contact with it,and the concrete building slab,which is rendering such polluted soil inaccessible is not disturbed in any manner. If humans were to come into contact with the pollutant present in such polluted soil,these pollutant may pose an unacceptable risk to human health. As required by Section 22a-13 3k-2(b)(3)of the R.C.S.A.,the ELUR prohibits inaccessible soil from being exposed as a result of excavation or other intrusive activities. Within Subject Area A on the Property,extractable total petroleum hydrocarbons are present in soil at concentrations in excess of the pollutant mobility criteria,as defined in Section 22a-133k-1 of the R.C.S.A. The polluted soil is located beneath an existing building and is therefore environmentally isolated. The polluted soil does not pose a risk to groundwater quality provided such polluted soil is not exposed to infiltration of soilmater due to,among other activities,the demolition of the building. If the building is demolished or the polluted soil is exposed to the infiltration of soil water,such polluted soil may pose an unacceptable risk to groundwater quality. In accordance with Section 22a-133k-2(c)(4)(B)of the R.C.S.A,the ELUR prohibits demolition of the building and the infiltration of soil water into such polluted soil. The building consists of the roof,structural walls,and building slabs,which collectively act to isolate the polluted soil. Public Notice of the Grantor's intent to record the ELUR was published in the Hartford Courant on October 19,2011. No comments were received during the comment period. [Signature Page Follows] Page I of 2 • Declaration of Environmental Land Use Restriction and Grant of Easement Decision Document (Exhibit B) 519 Nutmeg Road North, South Windsor, Connecticut Approval of this Decision Document is hereby granted. Grantee,the Commissioner of Energy&Environmental Protection,by the Commissioner's duly designated agent,Betsey Wingfield,Bureau Chiet,Bureau ot Water Protection and LandReuse. Date Bets. Wingfield,Bureau Chief Bureau of Water Protection and Land Reuse Department of Energy&Environmental Protection Page 2 of 2 r zoutaToroZOUMUL A TRIBUNE PUBLISHING COMPANY Affidavit of Publication State of Connecticut Wednesday, October 19, 2011 County of Hartford 1, Joy Shroyer, do solemnly swear that I am Financial Operations Assistant of the Hartford Courant, printed and published daily, in the state of Connecticut and that from my own personal knowledge and reference to the files of said publication the advertisement of Public Notice was inserted in the regular edition. On dates as follows: 10/19/2011 $65.68 For a total of: $65.68 FUSS & O'NEILL ING 159850 ZONE 4 ��s bticNod r t� Eleetro�teth�ds,incrowrl5 a rop , Financial Operations Assistant fe {pcateMatf319 jJutme9Road Joy Shroyer NorthlnSouf�hw-win dsor Conneckl g fout+.ot{ce is_ere�iY 9lven>of the Ili, ent ore�ordane vlronmental,I -- sus' C/ctloh(EI UR ifo e'laro e�y ezoourp�sse of h u-'Ps�o `: p'idfllp 1 the 0110w1ng{�?� Abe zbanae f poaI ted%ft-Onl{ neeththe�$astern mo tax stl a bul; at theslte am i? ee bullinge he turposeofprest�n'4 ' tuaa d'S�tliae`a be' Subscribed and sworn to before me on October 19, 2011 b Reath suet bullding'PoQm e1aseq +mnt{o re9artllnc E1UR,nteaseoontattMr lire d He �� j �� �neb CEPRotFass&to.?:lElll�fnc�at� 9«en Monthr pose �vs Notary Public tmtlemxVlnth Sda so ttilsnaNceto the C- '...lcut�epartr��ent of End er and Envlronrt7entatif?r r otectlon c Mr�rorn O'Connor Remedlattd '�splv_Sston��?�9xtlm Street:.Hartfod �'Corinect�cu � � � WIId.1AM B.McDONA1D z,essoe NOTARY PUBLIC CONNEMUT MY COMMISSION EXPIRES I•'Et;.28,2014 RECEIVED FOR RECORD AT //.v*�- RECO D i S TH WINDSOR,CT BY — . 1W TdWN CLERK BYRNE & STORM, P.C. 7RECEIVED ATTORNEYS AT LAW 750 Main Street,Suite 1500 F Q 2 2 013 , Hartford,Connecticut 06103 (860)525-3700 OR WlPlM PLAPM NG DO. Fax:(860)525.0287 www.bymestorrn.com December 27, 2012 CERTIFIED MAIL RETURN RECIEPT REQUESTED Patrick Kennedy Chairperson Planning and Zoning Commission 1540 Sullivan Avenue South Windsor, CT 06074 Re: Environmental Land Use Restriction Electro-Methods,Inc. 330 Governor's Highway South Windsor, CT Dear Mr. Kennedy: Please find enclosed a copy of a copy of an Environmental Land Use Restriction for 330 Governor's Highway,which was recorded on December 26, 2012 as Document Number 07657 of the South Windsor Land Records Should you have any questions please contact the undersigned. Very truly yours, James F. Byrne JFB/jlga Enclosures Cc: Paul Keller Declaration of Environmental Land Use Restriction and Grant of Easement 330 Governors Highway, South Windsor, Connecticut I certify this to be a true copy Environmental Land Use Restriction Coordinator of the document°recorded State of Connecticut Department of Energy&Environmental Protection in South;Windsor=Land Records. Remediation DivisionSQL- 'h Windsor, CT Bureau of Water Protection and Land Reuse this day of �du a 79 Elm Street Hartford,CT 06106 T Wn Clerk /jr DECLARATION OF ENVIRONMENTAL LAND USE RESTRICTION AND GRANT OF EASEMENT This Declaration of environmental land use restriction and Grant of Easement is made this I day of __(\�b �b�;� , 2-- a 2 ,-between Electro-Methods, Inc. (the "Grantor") and the Commissioner of Energy&Environmental Protection of the State of Connecticut(the"Grantee"). WITNESSETH: WHEREAS, Grantor is the owner in fee simple of certain real property(the"Property")known as 330 Governors Highway,located in South Windsor, in Hartford County designated as Map 60/Lot 1 on the tax map of South Windsor, in Hartford County, more particularly described on Exhibit A which is attached hereto and made a part hereof,and WHEREAS, the Grantee has determined that the environmental land use restriction set forth below is consistent with regulations adopted by him pursuant to Section 22a-133k of the Connecticut General Statutes;and WHEREAS, the Grantee has determined that this Environmental land use restriction will effectively protect public health and the environment from the hazards of pollution; and WHEREAS, the Grantee's written approval of this environmental land use restriction is contained in the document attached hereto as Exhibit B(the"Decision Document")which is made a part hereof;and WHEREAS, the property or portion thereof identified in the class A-2 survey (the "Subject Area")which survey is attached hereto as Exhibit C which is made a part hereof, contains pollutants;and WHEREAS, to prevent exposure to or migration of such pollutants and to abate hazards to human health and the environment,and in accordance with the Decision Document,the Grantor desires to impose certain restrictions upon the use, occupancy,and activities of and at the Subject Area,and to grant this environmental land use restriction to the Grantee on the terms and conditions set forth below;and WHEREAS, Grantor intends that such restrictions shall run with the land and be binding upon and enforceable against Grantor and Grantor's successors and assigns; NOW,THEREFORE,Grantor agrees as follows: 1. Purpose. In accordance with the Decision Document, the purpose of this Environmental land use restriction is to assure that Subject Area A (the entire Property) is not used for residential activities, that humans are not exposed to soils at Subject Area B polluted with substances in concentrations exceeding the direct exposure criteria established in the Regulations of Connecticut State Agencies sections 22a-133k-1 through 22a-133k-3, inclusive; and that water does not infiltrate soils at. Subject Area B polluted with substances in concentrations exceeding the pollutant mobility criteria established in the Regulations of Connecticut State Agencies sections 22a- 133k-1 through 22a-133k-3, inclusive. 2. Restrictions Applicable to the Subject Areas. In furtherance of the purposes of this environmental land use restriction, Grantor shall assure that use, occupancy, and activity of and at the Subject Areas are restricted as follows: Pagel of 5 Declaration of Environmental Land Use Restriction and Grant of Easement 330 Governors Highway, South Windsor,Connecticut A. Use. No residential activity shall be permitted at Subject Area A(the entire Property). B. Disturbanees. Soil in Subjeet Afea B located beneath the existing building shall not be exposed as a result of excavation, demolition or other activities. The concrete building slab which is in Subject Area B, shall not be disturbed in any manner by activities such as demolition, excavation or other intrusive activities. C. Demolition. Demolition of the existing building within Subject Area B shall not be permitted, and soil in Subject Area B shall not be exposed to infiltration of water. 3. Except as provided in Paragraph 4 below,no action shall be taken,allowed,suffered,or omitted if such action or omission is reasonably likely to: i. Create a risk of migration of pollutants or a potential hazard to human health or the environment; or ii. Result in a disturbance of the structural integrity of any engineering controls designed or utilized at the Property to contain pollutants or limit human exposure to pollutants. 4. Emergencies. In the event of an emergency which presents a significant risk to human health or the environment, the application of Paragraph 3 above may be suspended, provided such risk cannot be abated without suspending such Paragraph and the Grantor: i. Immediately notifies the Grantee of the emergency; ii. Limits both the extent and duration of the suspension to the minimum reasonably necessary to adequately respond to the emergency; iii. Implements all measures necessary to limit actual and potential present and future risk to human health and the environment resulting from such suspension; and iv. Implements a plan approved in writing by the Grantee, on a schedule approved by the Grantee, to ensure that the Subject Area is remediated in accordance with R.C.S.A. sections 22a-133k-1 through 22a- 133k-3,inclusive,or restored to its condition prior to such emergency. 5. Release of Restriction;Alterations of Subject Area. Grantor shall not make,or allow or suffer to be made, any alteration of any kind in,to, or about any portion of any of the Subject Area inconsistent with this Environmental land use restriction unless the Grantor has first recorded the Grantee's written approval of such alteration upon the land records of South Windsor. The Grantee shall not approve any such alteration and shall not release the Property from the provisions of this environmental land use restriction unless the Grantor demonstrates to the Grantee's satisfaction that Grantor has remediated the Subject Area in accordance with R.C.S.A. sections 22a-133k-1 through 22a-133k-3,inclusive. 6. Grant of Easement to the Grantee. Grantor hereby grants and conveys to the Grantee,his agents, contractors, and employees, and to any person performing pollution remediation activities under the direction thereof, a non-exclusive easement (the "Easement") over the Subject Area and over such other parts of the Property as are necessary for access to the Subject Area or for carrying out any actions to abate a threat to human health or the environment associated with the Subject Area. Pursuant to this Easement,the Grantee,his agents, contractors, and employees, and any person performing pollution remediation activities under the direction thereof, may enter upon and inspect the Property and perform such investigations and actions as the Grantee deems necessary for any one or more of the following purposes: i. Ensuring that use, occupancy, and activities of and at the Property are consistent with this environmental land use restriction; Page 2 of 5 Declaration of Environmental Land Use Restriction and Grant of Easement 330 Governors Highway, South Windsor, Connecticut ri ? implemented complies with R.C.S.A. sections 22a-133k-1 through 22a-133k-3, inclusive; iii. Performing any additional investigations or remediation necessary to protect human health and the 7. Notice and Time of Entry onto Property. Entry onto the Property by the Grantee pursuant to this Easement shall be,upon reasonable notice and at reasonable times, provided that entry shall not be subject to these limitations if the Grantee determines that immediate entry is necessary to protect human health or the enviromnent. 8. Notice to Lessees and Other Holders of Interests in the Property. Grantor or an y future holder of any interest in the property, shall cause any lease, grant, or other transfer of any interest in the Property to include a provision expressly requiring the lessee, grantee, or transferee to comply with this environmental land use restriction and Grant of Easement. The failure to include such provision shall not affect the validity or applicability to the Property of this environmental land use restriction and Grant of Easement. 9. Persons Entitled to Enforce Restrictions. The restrictions in this environmental land use restriction on use, occupancy,and activity of and at the Property shall be enforceable in accordance with section 22a-133p of the General Statutes. 10. Severability and Termination. If any court of competent jurisdiction determines that any provision of this environmental land use restriction or Grant of Easement is invalid or unenforceable, such provision shall be deemed to have been modified automatically to conform to the requirements for validity and enforceability as determined by such court. In the event that the provision invalidated is of such nature that it cannot be so modified, the provision shall be deemed deleted from this instrument as though it had never been included herein. In either case,the remaining provisions of this instrument shall remain in full force and effect. Further, in either case,the Grantor shall submit a copy of this restriction and of the judgement of the Court to the Grantee in accordance with R.C.S.A. section 22a-133q-1(1). This environmental land use restriction shall be terminated if the Grantee provides notification pursuant to R.C.S.A. section 22a-133q-1(1). 11. Binding Effect. All of the terms, covenants and conditions of this environmental land use restriction and grant of easement shall run with the land and shall be binding on the Grantor, the Grantor's successors and assigns, and each owner and any other party entitled to possession or use of the Property during such period of ownership or possession. 12. Terms Used Herein. The definitions of terms used herein shall be the same as the definitions contained in sections 22a-133k-1 and 22a-133q-1 of the Regulations of Connecticut State Agencies as such sections existed on the date of execution of this environmental land use restriction. [Signature Page Follows] Page 3 of 5 'Declaration of Environmental Land Use Restriction and Grant of Easement •330 Governors Highway, South Windsor,Connecticut GRANTOR: Date *i1liam[W6. SoyK Duly Authori d Vice President Electro-Methods,Inc. Witnesses: .1 ^ Signiature Printed/Typed Name Si , - 61.1-10c /(7YLC�► .Printed/Typed Name STATE OF CONNECTICUT ) ) ss.< South Windsor > < Oct. 2012> COUNTY OF HARTFORD ) Personally appeared William W. Soucy V.P. of Tolland, CT , signer and sealer of the foregoing instrument,and acknowledged the same to be his/her free act and deed,and the free act and deed of said corporation,before me. Notary Public Cm trt Page 4 of 5 A10 TA RY PUBLld MY COMMISSION EXPIRES.NjT--JF�x'r Zp I�. Declaration of Environmental Land Use Restriction and Grant of Easement . 330 Governors Highway, South Windsor, Connecticut GRANTEE: Grantee,the Cormnissioner of Energy&Envirommental Protection, by her duly designated agent, Betsey Wingfield,Bureau Chief,Bureau of Water Protection and Land Reuse. Date t Betsey Voiwater gfield,Bureau Chief Bureau Protection&Land Reuse Connecticut Department of Energy&Environmental Protection 79 Elm Street Hartford,CT 06106 c Page 5 of 5 �!,,F it Property Metes and Bounds Description Environmental an 330 Governors Highway, South Windsor, Connecticut A certain parcel of land situated on the northerly side of Governors Highway,being bounded and described as follows: Beginning at a concrete monument on the westerly right of way line of Nutmeg Road North, said point also being the southeasterly corner of land now or formerly Electro-Methods,Inc. 519 Nutmeg Road North thence S 15'34' 10"W along the westerly right of way line of Nutmeg Road North, 453.15 feet to point; thence in a general southerly and westerly direction along a curve to the right having a Delta Angle of 97'39' 00",radius of 25 feet, and an Arc Length of 42.61 to a point on the northerly right of way line of Governors Highway. thence N 66'46' 50" W along the northern right of way line of Governors Highway, 458.90 feet to a point at the southeasterly corner of land now or formerly Electron Technologies Corporation; thence N 23' 13' 10" E along the eastern property line of land now or formerly Electron Technologies Corporation,480.58 feet to a point; thence S 66'21' 20" E along the southern property line of land now or formerly Electro-Methods, Inc. 519 Nutmeg Road North, 423.36 feet to the point and place of beginning. C:\Documents and Settings\toconnor\Local Settings\Temporary Intemet riles\Content.Outlook\WKD73HZ5\2-330 Exhibit A- Property Metes and Bounds.doc Declaration of Environmental Land Use Restriction and Grant of Easement Decision Document(Exhibit 13) 3M ; 1; gJhv,7�,v South Windsor, Connecticut EXHIBIT B DECISION DOCUMENT The purpose of this document is to describe 1)the type and location of pollutants in the soil or groundwater at the specific area noted below at the Electro-Methods,Inc.property located at 330 Governors Highway in South Windsor, Connecticut ("the Property") for which an Environmental Land Use Restriction ("ELUR") is necessary, 2)the provisions of the ELUR and the reasons such restrictions or limitations on the use of the Property or portions of the Property are necessary to adequately protect human health and the environment, and 3) how the ELUR is consistent with the Remediation Standard Regulations, Sections 22a-133k-1 through 22a-133k-3 of the Regulations of Connecticut State Agencies("R.C.S.A."). The ELUR prohibits the residential use of Subject Area A, the entire Property, and certain activities at Subject Area B, which consists of the existing building located at the Property as depicted on Exhibit C. At various locations within Subject Area A,the entire Property, extractable total petroleum hydrocarbons are present in soil at concentrations in excess of the residential direct exposure criteria, as defined in Section 22a-133k-1 of the R.C.S.A,but are present at concentrations that are.less than the industrial/commercial direct exposure criteria,as defined in Section 22a-133k-1 of the R.C.S.A. If the Property was used for residential activities, as defined in Section 22a- 133k-1 of the R.C.S.A,the pollutant present in the soil may pose an unacceptable risk to human health. Provided the Property is not used for residential activities,the pollutant present in the soil does not pose an unacceptable risk to human health. The ELUR prohibits the use of the Property, Subject Area A,for residential activities, as required by Section 22a-133k-2(b)(2)(A) of the R.C.S.A. Within Subject Area B on the Property, extractable total petroleum hydrocarbons and chromium are present in soil at concentrations in excess of the direct exposure criteria,as defined in Section 22a-133k-1 of the R.C.S.A. The polluted soil is located beneath an existing building and is therefore inaccessible. Such polluted soil does not pose a risk to human health,provided the soil is not exposed,excavated or disturbed such that people may come into contact with it,and the concrete building slab,which is rendering such polluted soil inaccessible is not disturbed in any manner. If humans were to come into contact with the pollutant present in such polluted soil,these pollutant may pose an unacceptable risk to human health. As required by Section 22a-133k-2(b)(3) of the R.C.S.A.,the ELUR prohibits inaccessible soil from being exposed as a result of excavation or other intrusive activities. Within Subject Area B on the Property,extractable total petroleum hydrocarbons are present in soil at concentrations in excess of the pollutant mobility criteria,as defined in Section 22a-133k-1 of the R.C.S.A. The polluted soil is located beneath an existing building and is therefore environmentally isolated. The polluted soil does not pose a risk to groundwater quality provided such polluted soil is not exposed to infiltration of soil water due to,among other activities,the demolition of the building. If the building is demolished or the polluted soil is exposed to the infiltration of soil water,such polluted soil may pose an unacceptable risk to groundwater quality. In accordance with Section 22a-133k-2(c)(4)(B)of the R.C.S.A,the ELUR prohibits demolition of the building and the infiltration of soil water into such polluted soil. The building consists of the roof, structural walls,and building slabs,which collectively act to isolate the polluted soil. Page i of 3 Declaration of Environmental Land Use Restriction and Grant of Easement Decision Document (Exhibit B) 330 Tr ^v, oil Windsor Connecticut Public Notice of the Grantor's intent to record the ELUR was published in the Hartford Couranton period. [Signature Page Follows] Page 2 of 3 Declaration of Environmental Land Use Restriction and Grant of Easement Decision Document (Exhibit B) Cove;-O.-i s Higln t,lm. South Windsor, Connecticut Approval of this Decision Document is hereby granted. Grantee,the Commissioner of Energy&Environmental Protection,by the Commissioner's duly designated agent,Betsey r Wingfield, euse- Date Betsey Wi ield,Bureau Chief Bureau of ater Protection and Land Reuse Department of Energy&Environmental Protection Page 3 of 3 s ^ a ftw_ qW Zbe Xat#orb fo►urant. A TRIBUNE PUBLISHING COMPANY Affidavit of Publication State of Connecticut Wednesday, October 19, 2011 County of Hartford I, Joy Shroyer, do solemnly swear that I am Financial .- Operations Assistant of the Hartford Courant, printed and published daily, in the state of Connecticut and that from my own personal knowledge and reference to the files of said publication the advertisement of Public Notice was inserted in the regular edition. On dates as follows: 10/19/2011 $59.61 WE ` PrIeotro Method ln9nC., s,a rdr rty located at 3§0 Governors F11ph� Wa n SouthtWIh sor�C nnecticu I office Ishere6yfg�vep othe lntent>= For a total Of: $59.6� ror ord6101, ronr�ent llanduse # est�l:tlon(EtUR&for}the�properry� TI�eYpur °se at_AELUR ts"t pr° FUSS & O'N EI LL INC 4hlbJt:(I)th01 C11 0poftor lstur F 159$50 neathi°t;qqol+�91 X-1 In- d bed,t neath}thesb Ild�g!]3exl 1n� n tk�e� gpropertYTtp preve G n# ZONE 4 contact''Wt I or..�t a mtlop of �ratnwatenw, ro h p d so[I Iq cated£bpneathsY'antt'(2);t a setoff t�ep?nperty�fortteslde td �ttv 7Rt es;(Flo oreNnformad Ing,the proposed Ei UA, h eon YactAArBrent 1Henebry EP&of rFusSA'O�IeU19hC,4t(St p)C+4C-2�69 t tf)you�hpveanycommentson`the Y pro R;SubmltyyllAjFoin- WTVncial O erations Assistant pGn__ Iemrdonne r. Jy Shroyer Subscribed and sworn to before me on October 19, 2011 le Notary Notary Public 2469W N A WIId,IAM B McDO I.D NOTARY POBUC,CONNECTtW MY COMMISSION WIM FEB.28,2014 RECEIVED FOR RECORD la's RECO IN H WINDSOR,CT BY OW tr? t`I �RI f e , ��.