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Home My WebLink About06-09P Site Plan Modification TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION APPLICATION FORM Application No: Official Receipt Date: Receipt No: APPLICANT: TWIN MANUFACTURING PROJECT NAME: TWIN MANUFACTURING ADDRESS: 273 CHAPEL ROAD, SOUTH WINDSOR, CT 06074 OWNER OF RECORD ON LAND RECORDS: P &D REALTY COMPANY ADDRESS: SAME COMPLETE LOCATION OF PROPERTY: 273 CHAPEL ROAD ASSESSOR'S MAP#22 PARCEL#23 ZONE I-291 CD NAME, ADDRESS, TEL & FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Joseph A. Urso,Design Professionals,Inc., 165 South Satellite Road,South Windsor, CT 06074 Tel. (860) 291-8755, Fax (860) 291-8757 THIS APPLICATION IS FOR: (Check all that apply): F_ Zone Change to (Public Hearing required and Certified letter to abutters required) l..`n Subdivision/Resubdivisio F Open Space Subdivision(Public Hearing Required) F' Subdivision l- Minor r- Major " Resubdivision(Public Hearing Minor r Major m. Conditional Approval Special Exception to Article (Public Hearing, Certified letter to abutters Site Plan of Development Mcdi�i��+►er� General Plan of ir- Earth Filling(Sec. 15) and/or Earth Removal(Sec. 14 - Public Hearing Required) 1— Regulation - Zoning f- Subdivision (Attach proposed amendment) Temporaryand Conditional Permit for - - -- -- -- - "- Major Home Occupation for Other(explain in detail) An Application Pending sign is required to be posted on the property for all pplica 'o n 1 ) days prior to being heard by the Commission. §ignature of Applicant `'Signature of Property Owner 41,11 Appl #06-09P, Twin Manufacturing Helipad Planning Department Report 3-28-06 1-:--R-equestfor-sitelrodifiion approvato cyst in - . The storage shed is set back about 370 feet from Chapel Road, and the helipad itself is behind the storage shed. The site is completely surrounded by other I-291 or Industrial-zoned property. Maximum impervious coverage allowed is 65%, 55% proposed. Proposed shed height is 30 feet; 60 feet allowed. Latsize-is- 'ze�llc�w-e �- 2. Helipads are strictly regulated by the FAA, so the applicant will be required to meet all FAA standards. 3. Noise over residential areas would be the Planning Dept's biggest concern. The closest residential zone is over 1000 feet away, with the closest actual residences more than 1500 feet away (Chapel Hill condos to the east, single family homes on Chapel Road to the west across Rt 5.) 4. There is no new lighting shown on the plan. If there is to be any new lighting, it should be shown on the site plan and will have to conform with our lighting regulations unless our regulations do not meet FAA requirements for the helipad. 5. The applicant will be completely clearing the wooded area on the remainder of the site. There are no regulated wetlands on this site. IWA/CC granted conservation approval on March 1 with a $1000 bond and no unusual approval conditions. 6. South Windsor Police Department has indicated they have no concerns provided that the FAA is satisfied. The PD noted that there were no issues with the helicopter that was flying in and out of Electrocal on Governors Highway. 7. The Fire Marshal has reviewed the plan and needs to know whether there will be any helicopter fuel stored on-site. 8. There are no utility extensions shown to the helicopter storage shed. 9. If this application is approved, the Planning Dept requests no additional approval modifications except as already noted. DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects February 20,2006 FEB 2 2 2006 Mr.Jeffrey Doolittle,P.E. Town Engineer Town of South Windsor 1540 Sullivan Avenue South Windsor,CT 06074 Re: Site Plan Application for Twin Manufacturing 273 Chapel Road South Windsor,Connecticut A 48'x 30' building for storage of a new helicopter and a helipad designed to meet F.A.A.standards is being proposed on the property of Twin Manufacturing located at 273 Chapel Road.Much of the remaining wooded property to the rear of the existing building and pavement will be cleared as part of the improvements.We used TR-55 to analyze both the existing and developed runoff conditions for the site and the results indicate no measurable increase in peak peak runoff for any design storm 2-100 yr., p for the 25 yr.storm.Due to the location of the site in the lower reaches of the Podunk River watershed, and the minimal increase in peak runoff from the site,detention on the site is not warranted.The proposed improvements are designed for minimal exposure to traffic associated with the use of the helicopter and the vehicle(s)used in transporting the helicopter between the helipad and the garage.It is anticipated that runoff from this light traffic area will receive the appropriate water quality renovation through contact with the vegetation.No additional measures have been proposed for stormwater management.I have included the TR-55 analysis and a copy of the drainage area map used for your review. Please let me know if you require any additional information. Sincerely, Des"onals ,P.E. Project Manager 165 South Satellite Road,South Windsor,Connecticut 06074 Tel:(860)291-8755•Fax:(860)291-8757 Email:dpicivil@aol.com 2228EX RUNOFF CURVE NUMBER COMPUTATION Version 2 . 00 Project : TWIN MANUFACTURING User: KMI Date: 02-20-06 County : HARTFORD State: CT Checked: Date: Subtitle: EXISTING RUNOFF CONDITIONS ---------------------------------------------------------------------- Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) ---------------------------------------------------------------------- OTHER AGRICULTURAL LANDS Woods poor 1.21 (45) . - - Total Area (by Hydrologic Soil Group) 1.21 ---------------------------------------------------------------------- TOTAL DRAINAGE AREA: 1.21 Acres WEIGHTED CURVE NUMBER: 4 5* ---------------------------------------------------------------------- * - Generated for use by GRAPHIC method ❑ TIME OF CONCENTRATION AND TRAVEL TIME Version 2 .00 Project : TWIN MANUFACTURING User: KMI Date: 02-20-06 County : HARTFORD State: CT Checked: Date: Page 1 2228EX Subtitle: EXISTING RUNOFF CONDITIONS ---------------------------------------------------------------------- Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) ---------------------------------------------------------------------- Sheet 3.2 18 .120 H 0. 044 Sheet 30 .066 H 0. 085 Shallow Concent'd 60 . 012 U 0. 009 Shallow Concent'd 45 .01 U 0. 008 Time of Concentration 0. 15* --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense --- Shallow Concentrated --- B Fallow (No Res. ) G Grass, Burmuda --- Surface Codes --- C Cultivated < 20 % Res . H Woods, Light P Paved D Cultivated > 20 % Res. I Woods, Dense U Unpaved E Grass-Range, Short J Range, Natural * - Generated for use by GRAPHIC method ❑ GRAPHICAL PEAK DISCHARGE METHOD Version 2.00 Project : TWIN MANUFACTURING User: KMI Date: 02-20-06 County : HARTFORD State: CT Checked: Date: Subtitle: EXISTING RUNOFF CONDITIONS Data: Drainage Area 1 .21 * Acres Runoff Curve Number 45 * - Time of Concentration: 0. 15 * Hours Rainfall Type III Page 2 2228EX Pond and Swamp Area NONE I Storm Number { 1 1 2 { 3 1 4 1 5 1 i ---------------------- 1 ------ 1 ------ 1 ------ 1 ------ 1 ------ 1 1 Frequency (yrs) 1 2 1 10 { 25 { 50 1 100 1 I i 1 I I i I 1 24-Hr Rainfall (in) 1 3.2 i 4 .7 1 5.5 1 6.2 1 6. 9 1 Ia/P Ratio 1 0. 76 i 0.52 1 0.44 { 0.39 1 0.35 I I I I i I I I Used 1 0. 50 1 0. 50 1 0 .44 1 0. 39 1 0.35 1 I I I I 1 I I 1 Runoff (in) { 0. 04 1 0.35 { 0. 61 ( 0. 88 1 1 . 19 I I Unit Peak Discharge 10.407 10.407 10.522 10. 657 10.744 1 I (cfs/acre/in) I I l I I I I I I I I I I j Pond and Swamp Factor) 1. 00 1 1 . 00 1 1 . 00 1 1. 00 1 1 . 00 1 I 0.0% Ponds Used I I I I I I 1 ---------------------- 1 ------ 1 ------ 1 ------ 1 ------ 1 ------ 1 1 Peak Discharge (cfs) { 0 { 0 { 0 { 1 I 1 1 * - Value (s) provided from TR-55 system routines Page 3 2228DV RUNOFF CURVE NUMBER COMPUTATION Version 2 . 00 Project : TWIN MANUFACTURING User: KMI Date: 02-20-06 County : HARTFORD State: CT Checked: Date: Subtitle: DEVELOPED RUNOFF CONDITIONS ---------------------------------------------------------------------- Hydrologic Soil Group COVER DESCRIPTION A B C D Acres (CN) ---------------------------------------------------------------------- FULLY DEVELOPED URBAN AREAS (Veg Estab. ) Open space (Lawns,parks etc. ) Good condition; grass cover > 75% 1 . 06 (39) - - Impervious Areas Paved parking lots, roofs, driveways . 15 (98) - - Total Area (by Hydrologic Soil Group) 1 .21 ---------------------------------------------------------------------- TOTAL DRAINAGE AREA: 1.21 Acres WEIGHTED CURVE NUMBER: 46* ---------------------------------------------------------------------- * - Generated for use by GRAPHIC method ❑ TIME OF CONCENTRATION AND TRAVEL TIME Version 2 .00 Page 1 2228DV Project : TWIN MANUFACTURING User: KMI Date: 02-20-06 County : HARTFORD State: CT Checked: Date: Subtitle: DEVELOPED RUNOFF CONDITIONS ---------------------------------------------------------------------- Flow Type 2 year Length Slope Surface n Area Wp Velocity Time rain (ft) (ft/ft) code (sq/ft) (ft) (ft/sec) (hr) ---------------------------------------------------------------------- Sheet 3.2 35 .031 A 0.007 Sheet 35 .100 E 0.037 Shallow Concent'd 60 . 012 U 0.009 Shallow Concent'd 45 . 010 U 0. 008- Time of Concentration = 0 . 06* --- Sheet Flow Surface Codes --- A Smooth Surface F Grass, Dense --- Shallow Concentrated --- B Fallow (No Res . ) G Grass, Burmuda --- Surface Codes --- C Cultivated < 20 o Res. H Woods, Light P Paved D Cultivated > 20 o Res. I Woods, Dense U Unpaved E Grass-Range, Short J Range, Natural * - Generated for use by GRAPHIC method ❑ GRAPHICAL PEAK DISCHARGE METHOD Version 2 . 00 -------Project : --TWIN -MANUFACTURING --_ -- - _-- - -User: _KML - Date 02-20-06 County HARTFORD State: CT Checked: Date: Subtitle: DEVELOPED RUNOFF CONDITIONS Page 2 2228DV Data: Drainage Area 1 .21 * Acres Runoff Curve Number 46 * Time of Concentration: 0.06 * Hours Rainfall Type III Pond and Swamp Area NONE ----------------------------------------------------------- I Storm Number ( 1 { 2 1 3 1 4 1 5 1 1 ---------------------- { ------ { ------ 1------ i ------ { ------ 1 I Frequency (yrs) 1 2 { 10 { 25 ( 50 ( 100 1 I I I I I I I 1 24-Hr Rainfall (in) J 3.2 J 4.7 { 5.5 J 6.2 1 6.9 I I I 1 I 1 I I Ia/P Ratio 1 0.73 1 0.50 1 0.43 1 0. 38 1 0. 34 1 I Used 1 0.50 1 0.50 { 0.43 { 0.38 1 0.34 1 I I I I I I I Runoff (in) 1 0.06 1 0.39 1 0. 67 { 0. 95 { 1 .27 I I I 1 I i I I Unit Peak Discharge 10.478 10.479 10 . 691 10. 865 10. 967 1 I (cfs/acre/in) { { { { { { i I I i I I I I Pond and Swamp Factorl 1.00 1 1 .00 1 1.00 1 1 . 00 1 1 . 00 1 1 0. 0% Ponds Used I I I I I I 1 ---------------------- J ------ j ------ 1 ------ j ------ 1 ------ 1 I Peak Discharge (cfs) J 0 1 0 { 1 1 1 1 1 1 ----------------------------------------------------------- ----------------------------------------------------------- * - Value (s) provided from TR-55 system routines Page 3 X70,94 66,02 11�X70.94 X71,12 1 6c EX. BIT. P0 PAVEMENT ,O EX. YD TF:68.5 INV:(6-( BTM:66. Q EX. BIT. PAVEMENT 70,01 25 p03 k 9g� � v EXISTING RUNOFF co 53,000 SF (1.21 AC 14 70.23 X69,6 WOODED S �� X6 X69.82 7 UTIL,POLE 6� .7 "I REMAI .\\ DEV. RUNOFF 64,32 46,400 SF (1.06 AC) 6 X63,57 NATURAL/LAWN 6,600 SF (.15 AC.) g� IMPERV. (BLDG/PVMT DRAINAGE AREA MAP 6� TWIN MANUFACTURING \\ SCALE: 1"=40' �\ � x64,92 X6 r 51a IP X63,1 PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 2/24/06 TO: Matt Galligan, Fred Shaw, Michael Gantick, Rich Bond, Bill Lanning, Jeff Doolittle Kris Lindstrom, Ray Favreau, Karl Reichle, Mel Stead, Chris Dougan, Bob Deptula Dennis Sheridan FROM: Marcia A. Banach, AICP, Director of Planning The Planning &Engineering Departments have received plans for the following projects: 06-09P, Twin Manufacturing Heliport Site Plan Location: 273 Chapel Road ® Site Plan ❑ Subdivision No. Acres 4.6 ac Zone I-291 CD ®Industrial ❑ Commercial ❑ Residential No. Lots/Units Water: ® Public ❑ Private Well Sewerage: Z Public ❑ Septic System Project Description: Creation of a helipad and 48 X 30 storage building for the helicopter Future Town-owned property involved? ❑ Yes ®No ❑ new street(s) ❑ new detention area ❑ new open space/recreation area ❑ active ❑passive Planning Department notes: 3 g 06 Please comment by 66 and return to the Planning Department. V7/iV/LVV7 Tuz 11:V/ FAX 860 644 7280 South Windsvt *** FAX TX REPORT *** ********************* TRANSMISSION OK JOB NO. 4172 DESTINATION ADDRESS 92890561 PSWD/SUBADDRESS DESTINATION ID ST. TIME 05/10 11:07 USAGE T 00, 16 PGS. 1 RESULT OK 1540 Sullivan Avenue,South Windsor,CT 06074 PH 644-2511 ext 253 Fax 644-7280 South • • Planning Department Fax To: Paul D'Arcy,Chairman of the Board From: Marcia A Banach,Director of Planning Fax: 289-0561 Pages: 1 Phone: Date: 05/10/05 Re: Twin Manufacturing Heliport CC: 13 Urgent 13 For Review El Please Comment 0 Please Reply ❑Please Recycle Here is the information regarding the existing site Ian for yqur use in securing an updated Plan for a oning UOmmissiOn application for the heliport.As I noted,the Commission is looking for a formal site plan application,with a public hearing,to get maximum public exposure for your planned heliport. The original plan was prepared 7-30-84 by the engineering firm Paimberg&Russo(their job#84102).It is filed in the Town Clerk's office here at Town Hall(map#957A).The two principals in the firm have separated,but both are still in business.Their names&contact info are: 1. Joe Russo,J R Russo&Associates,East Windsor.Phone:623-0669. 2. Bill Palmberg,William Palmberg&Son,Enfield._Phone:-623-0569, ---- -- — Both have worked in South Windsor,so both are familiar with the materials and procedure for a site plan application to the Planning and Zoning Commission. Any questions along the way,cail.me. N v" 3 T YV4 4 - - - - -- - ----- t „'f `sFZ 2X;y° APR 2 2005 > %p 273 Chapel Road,South Windsor,CT 06074-4165 U.S.A. Telephone:(860)289-6041 • Fax: (860)289-0561 SOUTH V'V!NDS0F,,PLt�W" Y-1 FAA Repair Station VPSR283N April 27, 2005 Marcia Banach Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Marcia: Thank you so much for talking to me regarding establishing a proposed heliport on the premises of Twin Manufacturing Company, 273 Chapel Road, South Windsor, CT Incidentally, the property on which Twin Manufacturing Company is located belongs to P & D Realty, so I assume the request for Zoning approval will be made in the name of P & D Realty. As an aside, I am 100% owner of P &D Reality, but the heliport will be 100% dedicated to Twin Manufacturing's needs. As I explained to you on the phone, the reason for purchasing a helicopter is strategic. Our business is repairing component parts for the engines of commercial jet airliners. Many of the parts we repair are on an emergency basis and time is of the essence. This helicopter will be used to transport Twin personnel and material that is in the emergency category to vendors and customers. The planned frequency of usage of this helicopter is approximately 150 takeoff and landings per year. The helicopter that we plan to purchase is a Robinson R44. The specifications on this helicopter are as follows: Gross Weight 2500 LB Empty Weight 1506 LB Power Fuel injected 10-540 Lycoming engine with continuous HP of 205. The heliport will be located on a piece of land located at the rear of the property. The dimensions of the land dedicated to the heliport will be 125' by 450'. The egress and entry to this heliport will not be over any buildings or structures either commercial or residential. When we made simulated landings and takeoffs at proposed location, - personnel inside the Twin Manufacturing Building were not aware of any noise. Site approval is pending from Connecticut Bureau of Aviation and Ports and air space approval is pending from the Federal Aviation Agency. The completion of these approvals depends on your disposition of the zoning request. Enclosed please find a copy of the plot plan for our facility and the indicated proposed location for the heliport. We await your further questions and instructions. We appreciate your cooperation in this matter. R ' pe u I Paul K. D'Arcy Chairman of the Board Twin Manufacturing Co p ny PKD/jj Enc. OWN S. t < x F /-02lfYL ��7tG2 GCl/ O fi 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 sox CO TELEPHONE (860) 644-2511 CERTIFIED MAIL P&D Realty Company 273 Chapel Road South Windsor, CT 06074 Gentlemen: Re: App10&09P, Twin Manufacturing, site plan of development modification for 30' x 30' helipad and 30' x 48' garage for,helicopter storage at 273 Chapel Road, I zone Site Plan We are pleased-to advise you that the'Planning&Zoning Commission voted on March 28,2006 to approve with modifications-the above referenced application for a Site Plan of Development Modification. This approval is for the construction of a helipad and storage shed for a helicopter on property located at 273 Chapel Road,I'zone as shown on plans prepared by Design Professionals, Inc, Job No.2228 dated 12/23/05. This approval is subject to the following modifications: 1. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 2. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including a bond in the amount of$1000.00. 3. All bonds must be in one of the forms described in the enclosed Bond Policy. 4. An-as-built plan is required prior to issuance of a Certificate of Use or Occupancy per Section 8.1.11 of the Zoning Regulations. 5. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. -6. : The building street number must be included on the final plan. 7. Any new lighting must conform with Section 17.20 of the zoning regulations unless such conformance would cause a conflict with FAA regulations. 8. . If there is any fuel storage on-site for the helicopter, such storage must be coordinated with the Fire Marshal and the Building Inspector. Black and white transparent mylars of Sheet#3 with the above modifications,together with three blueprint copies of the entire set of plans (including architectural elevations and landscaping 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, Patrick Kennedy, Chairman Planning and Zoning Commission PK/bmm cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Design Professionals BOND TRANSMITTAL DATE• j0�, APPLICANT NAME ADDRESS � ntA o PROJECT LOCATION/ADDRESS M 3 P LOT SUBDIVISION P&Z OR IWA/CC APPLICATION NUMBER-*®( `og P AMOUNT OF BOND CHECK NUMBER DEPARTMENT SUBMITTED BYL4 NAME DATE RECEIVED BY FINANCE C/i e r c, I Sc-A a e-Fe rr /o f /9/O b NAME v DATE SUB ACCOUNT NUMBER 6-00 /cZ0 \\townhall-dc\vollThneing Depaztmenflb(¢ssioo\Fotms\pumits-Bonds\BOND TRANSMITTAL 08-27-01.doc ULJCIY I.UIYJ RUB.I lUIY CfOYJ O1!'J rJJ7( r,Vie: SOWN Sf 4 O ' CO 1540 SULLIVAN AVENUE. SOUTH WINDSOR C7 06074 , TELEPHONE(860 644-2511 January 25,2007 Olsen Construction Services Mr.Lenny Saponare 58-C Alva Lane East Hartford, CT 06108 Dear Mr, Saponare: Re: Appi, 06_09P Twin 4anufacturing-landsca This is to advise ping bond This o vise You that the Planning p g bond for the above-referenced Zoning Commission voted project in the amount of on January 23, 2007 to release the A cheek will be sent to $1,000. amount. You from the Town of South Windsor releasing your bond in the above refer enced Very truly yours, PLANNING&ZONING COMMISSION f4. pK/jsv Patrick Kennedy, Chairman cc: Town Engineer .02 BOND RELEASE TRANSMITTAL 1 ) DATE• APPLICANT NAME ADDRESS _. ?�' .,&_. __ i CT PROJECT LOCATION/ADDRESS_D-� :j Id LOT P&Z OR IWA/CC APPLICATION NUMBER D ''� SUB ACCOUNT NUMBER 0 O 1;)o ORIGINAL BOND AMOUNT # 101)0 Please release the bond indicated above as all of the required work has been completed. ---�64A La-e— (12,4o -7 NAME DATE 398 //a6 /07 BY CHECK # ISSUED DATE HAPImming Depaztment\Hohnes\fomis\BOND RELEASE TRANSMITTAL 08-27-01.doc *D�� MURTHA CU LLI NA ATTORNEYS AT LAW CHELSEY L.LOMBARDO BUSINESS AND FINANCE PARALEGAL 860.240. 2DIRECTTELEPHON RECEIVED 860.240.585882 DIRECT FACSIMILE C LOMBARDO@MURTHALAW.COM February 7, 2018 FEB 0 9 2018 CERTIFIED MAIL RETURN RECEIPT REQUESTED TOWN MANAGER'S OFFICE TOWN OF SOUTH WINDSOR Town of South Windsor Attn: Mr. Matthew B. Galligan, Town Manager 1540 Sullivan Avenue South Windsor, CT 06074 Re: Environmental Land Use Restriction 273 Chapel Road, South Windsor, Connecticut Dear Mr. Galligan: Pursuant to Section 22a-133q-10) of the Regulations of Connecticut State Agencies which requires us to provide you with these documents, enclosed please find one set of paper copies of the following documents in connection with the above- referenced property: 1. Copy of certified copy of Declaration of Environmental Land Use Restriction and Grant of Easement and supporting documents recorded in Book 2632, Page 81 of the South Windsor Land Records; and 2. Copy of the A-2 Survey which shows the subject property. Full-size copies of this Survey have been provided to the requisite Boards/Commissions for approval prior to recording on the land records. If you have any questions, please do not hesitate to contact me. Sin rel� ' s f Ch I y . Lombardo /f Business and Finance Paralegal Enclosures cc: Jade Barber (w/o enclosures) Murtha Cullina LLP 9 High Street oston,MA 02110 617.457.4000 S CA N N E DrF 617.482.3868 806090vN E C T I C U T + MASSACHUSETTS + NEW YORK MURTHALAW.COM Declaration of Environmental Land Use Restriction and Grant of Easement � o � 273 Chapel Road,South Windsor,CT i After Recording Return to: Environmental Land Use Restriction Coordinator ® 0 State of Connecticut Department of Energy&Environmental Protection Remediation Division Bureau of Water Protection and Land Reuse 79 Elm Street Hartford,CT 06106 DECLARATION OF ENVIRONMENTAL LAND USE RESTRICTION AND GRANT OF EASEMENT I This Peclaration of Environmental land use restriction and Grant of Easement is made this a2 day of 20 between Twin Manufacturing Company (the "Grantor") and the Co issioner bf Energy&Environmental Protection of the State of Connecticut(the "Grantee"). I WITNESSETH: I WHEREAS, Grantor is the owner in fee simple of certain real property(the"Property")described below: ! E Street address:273 Chapel Road City/Town: South Windsor State: Connecticut j I Assessor's Map 22 j Block NA i Lot 23 i and/or Assessors' Account Number: NA Volume and Page of Deed:2294/303 i A description of the property is attached hereto as Exhibit A,and which is rtiade a part hereof;and i WHEREAS, the Grantee has the authority to enter into this declaration of environmental land use j restriction pursuant to sections 22a-5,22a-6,and 22a-133o et seq.of the General Statutes; and I i i I I certify this to be a true copy of the document recorded in South Windsor Land Records. Dated at South Windsor CT this 11-da f Town Jerk, Declaration Document- 1 i VOL 2 b 3 2 PABE 0 0 2 Declaration of Environmental Land Use Restriction and Grant of Easement { 273 Chapel Road,South Windsor,CT Instructions-Select one of the two choices below by checking the applicable check box. ®If the Commissioner of Energy&Environmental Protection signs the environmental land use restriction: WHEREAS, the Grantee has determined that the environmental land use restriction set forth below is consistent with regulations adopted pursuant to section 22a-133k of the General Statutes; and WHEREAS, the Grantee has determined that this environmental land use restriction will effectively protect human 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 ❑ If a Licensed Environmental Professional signs the environmental land use restriction pursuant to section 22a-133y of the General Statutes: i i WHEREAS, remediation of the property has been conducted in accordance with section 22a-133y of the General Statutes;and WHEREAS, the Licensed Environmental Professional whose signature appears below has determined that the environmental land use restriction set forth below is consistent with regulations adopted by the iCommissioner of Energy&Environmental Protection pursuant to section 22a-133k of the General j Statutes;and WHEREAS, the Licensed Environmental Professional whose signature appears below has determined that this environmental land use restriction will effectively protect human 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 i Declaration Document-2 VOL 2b32 00 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT 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: I. Purpose. In accordance with the Decision Document,the purpose of this environmental land use restriction is to assure that the use and activity at the property and the Subject Area is restricted in accordance with the requirements of the Decision Document attached hereto as Exhibit B. 2. Restrictions Applicable to the Subject Area: In furtherance of the purposes of this environmental Iand use restriction, Grantor shall assure that use, occupancy, and activity of and at the Subject Area are restricted in accordance with the requirements of the Decision Document,attached hereto as Exhibit B. Such restrictions shall remain in effect unless and until a release is obtained under paragraph 5 below. 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. I 4. Emergencies. In the event of an emergency which presents a significant risk to human health or the environment,the application of Paragraphs 2 and 3 above may be suspended,provided such risk cannot be abated without suspending said Paragraphs 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. After the emergency is abated,implements a plan approved in writing by the Grantee,on a schedule i approved by the Grantee,to ensure that the Subject Area is remediated in accordance with R.C.S.A. sections 22a-133k-I through 22a-I33k-3, inclusive, or restored to its condition prior to such i emergency. I i Declaration Document-3 j i ._J VLZbJZPAO[ U U4 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,Sotrth Windsor,CT S. Release of Restriction;Alterations of the 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 the Subject Area inconsistent with this environmental land use restriction until a release has been approved by the Commissioner and such release is either recorded on the land records in the municipality where such parcel is located or the requirement to record such a release is waived by the Commissioner pursuant to section 22a-133o of the General Statutes. The Grantee shall not approve any permanent release of 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,the Grantee's agents,contractors,and employees,and to any person performing pollution remediation activities under the direction thereof, anon-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, the Grantee's 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: 1 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; iv. Ensuring the structural integrity of any engineering controls described in Exhibit B of this environmental land use restriction and Grant of Easement and their continuing effectiveness in containing pollutants and limiting human exposure to pollutants. 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 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 airy court of ccinpeieiat jtuisciiction 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 Declaration Document-4 i YULLUJ ninvvavv Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT 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 Judgment 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 F i i i i i I i i I ( Declaration Document-5 i i i I Declaration of Environmental Land Use Restriction and Grant of Basement 273 Chapel Road,South Windsor,CT In witness wVereof,the undersigned has/ ave executed this Environmental Land Use Restriction this ��-- day of C ,20 / . Witnessed by: Twin Manufacturing Company Arme, By: A4L Printed/TypedName Witness l: Davie L. Peach Its duly authorized President i i Printe yped Name itnes 1 i I j Mailing Address: Street Address:273 Chapel Road City/Town:South Windsor State and Zip Code: CT, 06074 I i I I i I Declaration Document.••6 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Instructions Notarization Language for Grantor Acknowledgement-select appropriate notarization language from one of the choices below by checking the applicable check box and providing the information required. ❑ If the Grantor is an individual: i State of County of On this Day day of Month,Year before me, Name of Notary Public or Commissioner of the Superior Court 1 the undersigned officer,personally appeared Name of Individual or Individuals,known to me(or satisfactorily proven)to be the person(s)whose narne(s)is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand. Notary Public or Commissioner of the Superior Court Date Commission Expires Date l OR I ® If the Grantor is a Corporation: State of {CTJ County of {Hartford On this day of�Z& J 20`� before me, the undersigned officer, personally app&red Daniel L. Peach, who acknowledged himse herself to be the President of Twin Manufacturing Company, a corporation, and that he/she, as such President, being authorized to do so,executed the foregoing instrument for the purposes therein contained,by signing the name of the corporation by himself/herself as President. In witness whereof I hereunto set my hand. I Notary Public or C rnmissioner of the Superi r Court Date Commission Expires I „rrtar;,tion Dorament••7 I VUL 2 b 3 2 PAGE Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,SoLlt:h Windsor,CT OR I ❑ If the Grantor is a Limited Liability Company: i i State of County of On this Day day of Month,Year before me,Name of Notary.Public or.Commissioner of the Superior Court, ` the undersigned officer, personally appeared Name of Officer., who acknowledged himself/herself to be the Title of'Officer of Name of Limited Liability Company, a (member managed or manager managed) limited i liability company, and that he/she, as such Title'of Officer,being authorized to do so, executed the foregoing { instrument for the purposes therein contained, by signing the name of the limited liability company by himself/herself as Title of Officer. In witness whereof I hereunto set my hand. I I iVota`ry F blic or Commissiorier"of the Superior Court Date Commission Expires Dat OR ❑ If the Grantor is any other type of entity, provide appropriate language for the Grantor Entity below: i Unlimited space provided to insert appropriate certif icafon ian' age for an Acknowledgement as speclfieq in-Section;;1-34 of the General.StatuYe Nloll --I VOL 2 b 3 2 PAuf 0 0 a 9 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Instructions Grantee Signature Block-Select one of the two choices below,as applicable; ® This choice is used for all environmental land use restrictions except those approved pursuant to section 22a-133y of the General Statutes. Grantee: The Grantee,the Commissioner of Energy&Environmental Protection or by the Commissioner's duly designated agent,Betsey Wingfield,Bureau Chief. 3 / l By: Date: / - Name:Betsey Wingfield Its Duly Authorized:Bureau Chief Mailing Address: i Bureau of Water Protection and Land Reuse i Connecticut Department of Energy&Environmental Protection Street Address: 79 Elm Street City/Town:Hartford State and Zip Code: Connecticut 06106 i j ❑ This choice is used solely for environmental land use restrictions approved pursuant to section 22a-133y of the General Statutes. Grantee: The Grantee,the Commissioner of Energy&Environmental Protection,by the undersigned Licensed Environmental Professional authorized as a duly designated agent pursuant to section 22a- 133y of the Connecticut General Statutes. Licensed Environmental Professional as Duly Authorized Agent for Grantee,the Commissioner of Energy&Environmental Protection: By: Date: Name:Printed(fyped Name of Licensed Environmental Professional i Its Duly Authorized Agent:Licensed Environmental Professional authorized pursuant to section 22a-133y of the Connecticut General Statutes Grantee Mailing Address: ; Bureau of Water Protection and Land Reuse Connecticut Department of Energy&Environmental Protection ! Street Address: 79 Elm Street City/Town:Hartford I State and Zip Code: Connecticut 06106 Or I I d8l ? 32PAoF 0 0 q 0 Declaration of Environmental Land Use Restriction and Grant of Basement 273 Chapel Road,South Windsor,CT Information for Duly Authorized Agent for Grantee(Licensed Environmental Professional): Name:Name of Licensed Environmental Professional License Number License Number Title,if applicable Title Company, if applicable Name of Company Mailing Address: Street Address: Street Address City/Town, State,Zip Code: City/Town, State,and Zip Code Witnesses: Signature Printed/typed name Signature Printed/typed name i Instructions Notarization Language for Duly Authorized Agent for Grantee (Licensed Environmental Professional): State of County of On this Day day of Month, Year before me, Name of Notary Public or Commissioner of the Superior Court the undersigned officer,personally appeared Name of Individual or Individuals,known to me(or satisfactorily proven)to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand. Notary Public or Commissioner of the Superior Court Date Commission Expires Date Declaration Document- 10 Vol2b3Z 0R ! Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Exhibit A. Property Description (Metes and Bounds) Twin Manufacturing Company Twin Manufacturing Company 273 Chapel Road South Windsor, CT The Property Description (Metes and Bounds) is as follows: Beginning at a concrete monument on the southerly right of way line of Chapel Road and at the northeasterly property corner of land now or formerly Andre L. Charbonneau&Associates; Thence in an easterly direction along the southerly right of way line of Chapel Road on a curve to the right having a delta of 17057'28", a radius of 1497.88 feet and an arc length of 469.47' to a concrete monument at the northwesterly corner of land now or formerly Andre L. Charbonneau &Associates; Thence S24°19'08"W along the westerly property line of land now or formerly Andre L.Charbonneau&Associates, 509.95 feet to a concrete monument; Thence N65040'52"W along the northerly property line of land now or formerlyAndre L.Charbonneau&Associates, 390.96 feet to a concrete monument; Thence N15°16'28"E along the easterly property line of land now or formerly Andre L. Charbonneau &Associates, 407.50 feet to the point and place of beginning i I i I I I I i VOL 2b32PABE00g2 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Exhibit B. Decision Document Overview Property/Facility Name("Property"): Twin Manufacturing Company Grantor Legal Name: Twin Manufacturing Company Address: 273 Chapel Road City/Town: South Windsor The purpose of this Decision Document is to describe: 1. The type and location of substances present in soil,groundwater or soil vapor on or underlying the Property or portion thereof("Subject Area")which is the subject of the Environmental Land Use Restriction (ELUR); 2. The provisions of the ELUR and why such restrictions or limitations on the use of the Property or portion thereof are necessary to adequately protect human health and the environment; and I 3. Description of the reason for the ELUR, including an explanation why such restriction is consistent with Sections 22a-133k-1 through 22a-133k-3, inclusive, of the Regulations of Connecticut State Agencies (RCSA). This Decision Document consists of the following restriction(s),for which the applicable individual Rest riction.Forms I are attached: Restriction, Subject Area(s) (Check box(es)that apply;enter SubjectArea(s)designation.) ❑ Residential Activity Restriction-Soil ❑ Residential Activity Restriction—Soil(PCBs) i ® Exposure of Inaccessible Soil Restriction Subject Area A ® Exposure of Environmentally Isolated Soil to Subject Area A Infiltration of Water Restriction ❑ Disturbance of Engineered Control and Polluted Soil Restriction i ❑ Residential Activity Restriction- Groundwater ❑ Residential Activity Restriction—Soil Vapor ❑ Building Construction Restriction ❑ Groundwater Use Restriction I VOL 2b32 not 00 q 3 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Public Notice of Grantor's Intent to Record an Environmental Land Use Restriction (Check box that applies) ❑ Public Notice is not Required for Residential Activity Restriction SLUR In accordance with Section 22a-133q-1(c)(2)of the RCSA, Public Notice need not be published if the proposed ELUR provides solely that the use of the subject Property,or portion thereof is restricted to industrial or commercial activities and the municipal zoning already limits the Property to such use. or ® Public Notice is Required for Proposed ELUR (Enter information as requested.) Date Published:03/21/2017 Name of Newspaper:Hartford Courant and i (Check box that applies) ® No public comments were received. { or I ❑ A summary of all written public comments that were received within thirty(30)days after the date of publication of the Public Notice and a brief response to each comment is provided below: i Approval of this Decision Document is hereby granted. i GRANTEE: The Grantee, the Commissioner of the Department of Energy & Environmental Protection or by the Commissioner's duly designated agent, Betsey Wingfield, Bureau Chief, Bureau of Water Protection and Land Reuse. Da Ye Betsey Wirkfield, Bureau Chief Bureau of Water Protection and Land Reuse Connecticut Department of Energy& Environmental Protection i I I � VOL 2 b 3 2 PAOE 0 0 94 4 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Exhibit B. Decision Document Exposure of Inaccessible Soil Restriction Form 3 In accordance with Section 22a-133k-2(b)(3)of the Regulations of Connecticut State Agencies(RCSA)the Direct Exposure Criteria for substances other than polychlorinated biphenyls(PCBs)do not apply to inaccessible soil at a release area provided that if such inaccessible soil is less than fifteen(15)feet below the ground surface i an Environmental Land Use Restriction is in effect with respect to the subject Property or portion of such Property containing such release area,which ensures that such soils will not be exposed as a result of excavation,demolition or other activities and that any pavement which is necessary to render such soil inaccessible is maintained in good condition. i In accordance with Section 22a-133k-2(b)(3)of the RCSA inaccessible soil containing PCBs(as indicated below) may be left in place at a release area provided that if such inaccessible soil is less than (15) feet below the ground i surface an Environmental Land Use Restriction is in effect with respect to the subject Property or portion of such { Property containing such release area, which ensures that such soils will not be exposed as a result of excavation, demolition or other activities and that any pavement which is necessary to render such soil inaccessible is maintained in good condition. I For inaccessible soil polluted with PCBs,the following Direct Exposure Criteria apply: • An alternative criterion, as approved in accordance with Section 22a-133k-2(d)(7); or • Ten(10) ppm PCBs by weight;or i • Twenty-five(25)ppm PCBs by weight if such inaccessible soil is located on a Property which is an other restricted access location,as defined in 40 Code of Federal Regulations Part 761.123(40 CFR 761.123); or • Twenty-five (25) ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor electrical substation, as defined in 40 CFR 761.123;or • Fifty (50) ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor electrical substation, as defined in 40 CFR 761.123, and a label or notice is visibly placed in the area in accordance with 40 CFR Part 761. Purpose: The purpose of this Environmental Land Use Restriction(SLUR)is to ensure that polluted soil that is inaccessible(as defined in RCSA Section 22a-133k-1(32))at the Subject Area(s)("Subject Area")designated below will not be exposed as a result of excavation,demolition or other activities and that any pavement which is necessary to render such soil inaccessible is maintained in good condition. For a complete description of the rationale for the restrictk-)n, .c: requio.tort'citation. j I YOL2b32PABE0a q 5 Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Pursuant to RCSA Section 22a-1 33W(32): ❑ The inaccessible soil is polluted soil which is more than four(4)feet below the ground surface. or ® NA Restrictions Applicable to the Subject Area: The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 Survey)are restricted as follows: (Check box(es)for Option A and Option t3,as applicable;enter Subject Area(s)designation.) ❑ Option A—No Disturbance or® NA (Check applicable boxes) ❑ The polluted soil rendered inaccessible at Subject Area . will not be exposed as a result of excavation, demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a-133k-2(b)(3). Excavation,demolition or other activities are prohibited below the ground surface("No Disturbance"). and b ❑ The ground surface at Subject Area will be repaired when necessary to maintain the elevation and topography that existed prior to any disturbance caused by natural occurrences(such as erosion and frost heaves). f ❑ Option B—Allowable Limited Disturbance or® NA } (Check applicable boxes.) j ❑ The polluted soil rendered inaccessible at Subject Area is at a depth of lnserE depth��eet)'!below the ground surface and will not be exposed as a result of excavation,demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a- 133k-2(b)(3). Excavation,demolition or other activities are prohibited at depths greater than insert dept'K.of allowable disturbance. (feet),see ins#ructions for acceptable'depths'below the ground surface("Allowable Limited Disturbance"). and I ❑ The ground surface at Subject Area t; will be repaired when necessary to maintain the elevation and topography I that existed prior to any Allowable Limited Disturbance or any disturbances by natural occurrences(such as erosion fand frost heaves). i and/or YO12b32 PACE 009b Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Pursuant to RCSA Section 22a-1 33k-1(32): ❑ The inaccessible soil is polluted soil which is more than two(2)feet below a paved surface comprised of a minimum of three(3)inches of bituminous concrete or concrete,which two(2)feet may include the depth of any material used as sub-base for the pavement. or ® NA Restrictions Applicable to the Subject Area: The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 Survey)are restricted as follows: (Check box(es)for Option A and Option B,as applicable;enter Subject Area(s)designation.) ❑ Option A—No Disturbance or® NA (Check all boxes.) ❑ The polluted soil rendered inaccessible at Subject Area 4 will not be exposed as a result of excavation, demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a-133k-2(b)(3). Excavation,demolition or other activities are prohibited below the paved surface("No Disturbance"). and ❑ The pavement at Subject Area f will be maintained in good condition in accordance with the maintenance and monitoring plan specified below. Title and Date s and,in addition i ❑ The maintenance and monitoring plan includes provisions to repair the pavement at the Subject Area when necessary to maintain the elevation and topography that existed prior to any disturbance caused by natural occurrences(such as i erosion and frost heaves). i ❑ Option 13—Allowable Limited Disturbance or® NA i (Check all boxes) ❑ The polluted soil rendered inaccessible at Subject Area �'is at a depth of jh_ depth(feeO,;below a paved surface and will not be exposed as a result of excavation,demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a- 133k-2(b)(3). I Excavation,demolition or other activities are prohibited at depths greater than insert depth.of allowable disfurbanc" (feet),see instructions for acceptable depfis below the paved surface("Allowable Limited Disturbance"). i and i j ❑ The pavement at Subject Area ,will be maintained in good condition in accordance with the maintenance and monitoring plan specified below. Title and Date: and,in addition ❑ The maintenance and monitoring;;l_ari inulud s I.-)roviaions to repair the p,,;vem M.,.A the subject Arou whoa to maintain the elevation and topography that existed prior to any/Allowable,Limited Disturbance or any disturbance r.>y natural occurrences(such as erosion and frost heaves). and/or Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Pursuant to RCSA Section 22a-133k-1(32): 1) ❑ The Inaccessible soil is polluted soil which is polluted fill beneath a bituminous concrete or concrete surface comprised of a minimum of three(3)inches of bituminous concrete or concrete if such fill is(1)polluted in excess } of applicable Direct Exposure Criteria only by semi-volatile substances or petroleum hydrocarbons that are normal constituents of bituminous concrete,(if)polluted by metals in concentrations not in excess of two(2) times the applicable Direct Exposure Criteria,or(Ili)any combination of the substances or limits identified in clause(1)or(if): i 1 or ® NA Restrictions Applicable to the Subject Area: The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 Survey)are restricted as follows: (Check box(es)for Option A and Option B,as applicable,enter Subject Area(s)designation.) ❑ Option A—No Disturbance or® NA I (Check all boxes) i ❑ The polluted soil rendered inaccessible at Subject Area 'will not be exposed as a result of excavation, i demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in i good condition in accordance with RCSA Section 22a-133k-2(b)(3). t i Excavation,demolition or other activities are prohibited below the paved surface("No Disturbance"), and ❑ The pavement at Subject Area will be maintained in good condition in accordance with the maintenance and monitoring plan specified below. ' Title and Date: and, in addition ❑ The maintenance and monitoring plan includes provisions to repair the pavement at the Subject Area when necessary to maintain the elevation and topography that existed prior to any disturbance caused by natural occurrences(such as erosion and frost heaves). ❑ Option B—Allowable Limited Disturbance or® NA (Check all boxes.) ❑ The polluted soil rendered inaccessible at Subject Area is at a depth of insect deptfl(feet) below a paved surface and will not be exposed as a result of excavation,demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a- 133k-2(b)(3). Excavation,demolition or other activities are prohibited at depths greater than insert depth of allowable dlsfurba.ncs (feet);see instruction's foracceptabfe depths belowthe paved surface("Allowable Limited Disturbance'). and I ❑ The pavement at Subject Area ;: ;., will be maintained in good condition in accordance with the maintenance and monitoring plan specified below. Title and Date: and, in addition The maintenance and monitoring plan includes provisions to rop, it thy:pniveniNit at the Srahjcct Area%,vhon necossary to maintain the elevation and topography that existed prior to any Allowable Limited Disturbance or any c!i urbe.nc by natural occurrences(such as erosion and frost heaves) and/or _ . i ! Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT j i Pursuant to RCSA Section 22a-133k-1(32): 2) ® The inaccessible soil Is polluted soil which is beneath an existing building. i Or ❑ NA j j Restrictions Applicable to the Subject Area: j The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 j Survey)are restricted as follows: (Check box(es)for Option A and Option B,as applicable;enter Subject Areas)designation.) I i ® Option A—No Disturbance or❑ NA i (Check applicable boxes) ® The polluted soil rendered inaccessible at Subject Area A will not be exposed as a result of excavation,demolition or other activities in accordance with RCSA Section 22a-133k-2(b)(3).The concrete building slab or foundation shall not be disturbed in any manner by activities such as demolition,excavation or other intrusive activities("No Disturbance"). and ® The concrete building slab or foundation at Subject Area A will be repaired when necessary to maintain the conditions i that existed prior to any disturbance caused by natural occurrences. ! and, in addition (Check box that applies.) ! ® Demolition of the building at the Subject Area is not permitted. or ❑ Demolition of the entire building(including portions outside the Subject Area)is not permitted. I, j ❑ Option B—Allowable Limited Disturbance or® NA (Check applicable boxes.) ❑ The polluted soil rendered inaccessible at Subject Area'." is at a depth of rnseit depth'(feet)';beneath the concrete building slab or foundation and will not be exposed as a result of excavation,demolition or other activities in accordance with RCSA Section 22a-133k-2(b)(3). Excavation,demolition or other activities are prohibited at depths greater than insert depth of allowable disturbance (feet);:see instructions for acceptable depths beneath the concrete building slab or foundation("Allowable Limited Disturbance"). and ❑ The concrete building slab or foundation at Subject Area'.. ?'.; will be repaired when necessary to maintain the conditions that existed prior to any Allowable Limited Disturbance or any disturbance by natural occurrences. and,in addition (Check box that applies.) ❑ Demolition of the building at the Subject Area is not permitted. or (`.] Demolition of the entire building(including portions outside the Subject Area)is not permitted. and/or VOL 2 b 3 2 PHE 0 0 9 q Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Pursuant to RCSA Section 22a-1 33k-1(32): 3) ❑ The inaccessible soil is polluted soil which is beneath an existing permanent structure provided written notice that such structure will be used to prevent human contact with such soil has been provided to the Commissioner. Description of permanent structure: Date of notice submitted to Commissioner for use of permanent structure:. or 1 ® NA I Restrictions Applicable to the Subject Area: j The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 ISurvey)are restricted as follows: (Check box(es)for Option A and Option B as applicable;enter Subject Areas)designation.) ❑ Option A—No Disturbance or® NA II (Check applicable boxes) ❑ The polluted soil rendered inaccessible at Subject Area A will not be exposed as a result of excavation,demolition or other activities in accordance with RCSA Section 22a-133k-2(b)(3),The permanent structure shall not be disturbed in any manner by activities such as demolition,excavation or other intrusive activities("No Disturbance"). ' i and ❑ The permanent structure at Subject Area f1 will be repaired when necessary to maintain the conditions that existed prior to any disturbance caused by natural occurrences. and,in addition (Check box that applies) ❑ Demolition of the permanent structure at the Subject Area is not permitted. or ❑ Demolition of the entire permanent structure(including portions outside the Subject Area)is not permitted, j i ❑ Option B—Allowable Limited Disturbance or® NA (Check applicable boxes.) ElThe polluted soil rendered inaccessible at Subject Area q is at a depth of insert depth(eetj,beneath the permanent structure and will not be exposed as a result of excavation,demolition or other activities in accordance with RCSA Section 22a-133k-2(b)(3). Excavation,demolition or other activities are prohibited at depths greater than insert depth of allowable distur6aMe see insfruciions for acceptable depths'beneath the permanent structure("Allowable Limited Disturbance"). and ❑ The permanent structure at Subject Area` will be repaired when necessary to maintain the conditions that existed prior to any Allowable Limited Disturbance or any disturbance by natural occurrences. i and, in addition i (Check box that applies) I I ❑ Demolition of the permanont:,tructw'a o-at the is not p>Irnitted. or [] Demolition of the cli lra peinianont structure(including portions outside the Subject Area)is :;;,., ;lilt,a. VOL 2b32pw0 J D Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT AND Type and Location of Substances at Subject Area: I (At concentrations greater than the Direct Exposure Criteria for soil). E Enter the type of substances,e. b substance name or category,at each Subject Area. I ( YP g•, Y g rY 1 ) Polluted soil containing petroleum hydrocarbons I Reasons Restriction or Limitation are Necessary to Adequately Protect Human Health and the z Environment If humans were to come into contact with the substance(s)present in such polluted soil,these substance(s)may pose an unacceptable risk to human health. i i Provided the soil is not exposed such that people may come in contact with it,such polluted soil does not pose an I unacceptable risk to human health. j Restriction or Limitation is Consistent with the Remedtation Standard Regulations(RSRs�Sections 22a ` 133k-1 through 2Za-133k�3�mcluswe,of the RCSA,as amended,and as follows f � mot.% �''M�- -, r S (Check applicable boxes;enter Subject Area(s)designation) i ® The Direct Exposure Criteria for substances other than polychlorinated biphenyls(PCBs)do not apply to inaccessible soil (as defined in RCSA Section 22a-133k-1(32))at Subject Area A. and/or ❑ The Direct Exposure Criteria for PCBs applied to inaccessible soil(as defined in RCSA Section 22a-133k-1(32))at Subject Area are: (Check applicable box(es).) ❑ An alternative criterion,as approved in accordance with Section 22a-133k-2(d)(7);or ❑ Ten(10)ppm PCBs by weight;or ❑ Twenty-five(25)ppm PCBs by weight if such inaccessible soil is located on a Property which is an other restricted access location,as defined in 40 Code of Federal Regulations Part 761.123(40 CFR 761.123;or ❑ Twenty-five(25)ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor electrical substation,as defined in 40 CFR 761,123;or ❑ Fifty(50)ppm PCBs by weight if such inaccessible soil is located on a Property which is an outdoor electrical substation,as defined in 40 CFR 761.123,and a label or notice is visibly placed in the area in accordance with 40 CFR Part761, i I and ® Such soils will not be exposed as a result of excavation,demolition or other activities and any pavement which is necessary to render such soil inaccessible is maintained in good condition in accordance with RCSA Section 22a-133k- 2(b)(3). i I Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Exhibit B. Decision Document Exposure of Environmentally Isolated Soil to Infiitration of Water Restriction Form In accordance with Section 22a-133k-2(c)(4)(A)of the Regulations of Connecticut State Agencies(RCSA)the Pollutant Mobility Criteria do not apply to environmentally isolated soil provided an Environmental Land Use Restriction is In effect with respect to the subject Property,or portion thereof,containing such soil which Environmental Land Use Restriction ensures that such soil will not be exposed to infiltration of soil water due to,among other things,demolition of the building.z I Purpose: The purpose of this Environmental Land Use Restriction(ELUR)is to ensure that polluted soil that is environmentally isolated (as defined in RCSA Section 22a-1 33k-1(18))at the Subject Area(s)("Subject Area')designated below wilt not be exposed to infiltration of soil water due to,among other things,demolition of the building. Pursuant to RCSA Section 22a-133k-1(18): 1) ® The environmentally Isolated soil is polluted soil which is beneath an existing building;not a continuing source of pollution;not polluted with volatile organic substances or,If it Is polluted with such substances,the concentration of such substances has been reduced in concentration to the maximum extent prudent;and above the seasonal high watertable. or ❑ NA F j j Restrictions Applicable to the Subject Area: i i The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 Survey)are restricted as follows: — — (Check box(es)as applicable;enter Subject Areas)designation.) ❑ The environmentally isolated soil at Subject Area will not be exposed to Infiltration of soil water due to,among other things,demolition of the entire building. and/or ® The environmentally Isolated soil will not be exposed to infiltration of soil water due to,among other things,demolition of the building at Subject Area A. Note that the building consists of the roof,structural walls,and building slabs,which collectively act to Isolate polluted soil. and/or i i i 21701,a curitpic to dea•cripilon of the radol':.do iur iho restriction,see the roforenced regulaiory citation. Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Pursuant to RCSA Soction 2?,1-'i3ii;••9(1S): 2) ❑ The environmentally Isolated soil is polluted soil which is beneath another existing and permanent structure which the Commissioner has determined in writing would prevent the migration of pollutants;not a continuing source of pollution;not polluted with volatile organic substances or,If it is polluted with such substances,the concentration of such substances has been reduced In concentration to the maximum extent prudent;and above the seasonal high water table. Description of permanent structure: , Date of Commissioner's written determination that the permanent structure would prevent the migration of pollutants � ' or ® NA Restrictions Applicable to the Subject Area The Grantor shall ensure that use,occupancy,and activity of and at the Subject Area(as depicted on Exhibit C—Class A-2 Survey)are restricted as follows: (Check box(es)as applicable;enter Subject Area(s)designation.) ❑ The environmentally isolated soil at Subject Area 3 will not be exposed to Infiltration of soil water due to,among other things,demolition of the entire permanent structure. and/or ❑ The environmentally isolated soil will not be exposed to infiltration of soil water due to,among other things,demolition of the permanent structure at Subject Area Note that the permanent structure consists of tlescnbe thg permanent$.,Nc[U(Q which acts to isolate polluted soil, s • AND i f f f 4 i i • i i i i 1 i i i i I i I I i Declaration of Environmental Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Typo and Location of Substances at Subject Area: j (At concentrations greater than the Pollutant Mobility Criteria for soil) (Enter the type of substances,e.g.,by substance name or category,at each Subject Area.) Polluted soil containing petroleum hydrocarbons i Reasons Restriction or Limitation are Necessary to Adequately Protect Human Health and the Environment: If the building or permanent structure is demolished such that the environmentally Isolated soil is exposed to the infiltration of water,such polluted soil may pose an unacceptable risk to groundwater quality, Provided the polluted soil Is not exposed to infiltration of water,such polluted soil does not pose an unacceptable risk to groundwater quality. Restriction or Limitation is Consistent with the Remediation Standard Ragulatlons(RSRs).Sectlons 22a- 133k-1 through 226-133k-3,Inclusivei of the RCSA,as amended,and as.foilows: (Check both boxes;enter Subject Area(s)deslgnation(s);and enter document Vile and date,as requestecO ® The Pollutant Mobility Criteria do not apply to environmentally Isolated soil(as defined in RCSA Section 22a-133k-1(18))at Subject Area A and i ® Such soils will not be exposed to infiltration of soil water due to,among other things,demolition of the building in accordance with RCSA Section 22a-133k-2(c)(4)(A). If applicable,documentation that demonstrates that volatile organic substances located beneath the building or permanent structure have been reduced in concentration to the maximum extent prudent has been submitted to the Connecticut Department of Energy&Environmental Protection. Title and Date: i i 3 I i i i I i I I i i i VOL 2 Declaration of Env iron mentaI Land Use Restriction and Grant of Easement 273 Chapel Road,South Windsor,CT Exhibit C. ELUR Class A-2 Survey i Place holder i i i ti i i � ... &SITE 0.4 LEGEND -J� LOCATION PLAN Is h AIL Received for Record i C.�, A, D-0 P— Town Clerk w ' - / � ] ----------`-----'