HomeMy WebLinkAboutSubdivision - Conservation (2) TOWN OF SOUTH WINDSOR
INLAND WETLANDS AND WATER COURSES
APPLICATION
THIS APPLICATION, ONCE INFORMATION IS COMPLETE
INLAND WETLANDS AGENCY ACTION (SEE BACK OF THIS FORM), SHALL BE RECEIVED AT A
�37 REGULARLY SCHEDULED MEETING OF THE AGENCY AT THE
APPLICATION NO. TOWN HALL.
RECEIVED DATE a- i ID'�O THIS APPLICATION MUST BE FILED IN TRIPLICATE AT
THE OFFICE OF THE TOWN CLERK OF SOUTH WINDSOR BY
PUBLIC HEARING DATE 12 NOON AT LEAST 14 DAYS PRIOR TO THE FIRST
(if necessary) REGULAR MONTHLY MEETING DATE. THREE SETS OF MAPS
COMPLETED APPLICATION OR PLANS MUST BE SUBMITTED TO THE TOWN ENGINEER
PERMIT GRANTED DATE AT LEAST 14 DAYS PRIOR TO THE FIRST REGULAR
PERMIT DENIED DATE MONTHLY MEETING DATE.
PLEASE PRINT OR TYPE.
1. APPLICANT Arthur Roe TEL. NO. (Attu Throwe) 528-2145
ADDRESS 1299 Blain St. CITY & STATE South Windsor, CT
2. OWNER Arthur Roe TEL. NO.
ADDRESS 1299 Main St. CITY & STATE South Windsor, CT
3. LOCATION OF PROPERTY 1299 Main St. , South Windsor, Cr
NAMES OF ADJACENT PROPERTY OWNERS Edward and Adella Kasheta, Felix LaPinskag,
Edward Kasheta, Doris P. Bergdorf, John N. Howard Jr E1 i 7.abei-h HnTymrd_
STATE CLEARLY AND BRIEFLY
5. PURPOSES AND DESCRIPTION OF THE PROPOSED ACTIVITY,AND THE TIME ELEMENT INVOLVED:
Subdivision of 6 acre parcel into 2 lots; 1-3.84 acres, 1-2 acres.
ATTENTION: THE APPLICANT UNDERSTANDS THAT THIS APPLICATION IS TO BE CONSIDERED
COMPLETE ONLY WHEN ALL INFORMATION & DOCUMENTS REQUIRED BY THE
AGENCY.HAVE BEEN SUBMITTED.
® e APPROVAL MAY ALSO BE NECESSARY FROM THE PLANNING AND ZONING COM-
u°, IMISSION.
AN APPLICATION FEE IS REQUIRED. CONSULT THE—ZE-GULATIONS
c o v (SECTIONS -6.9, 6.9a and 6.9b) .
u� 3 5 o
4 = 3 a A SIGN IS REQUIRED. CONSULT THE GULA ONS (SECTION 6.3a) .
o o Aram - ..
0 SIGNED:
(AP Ii
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cat J,
(Owner)
Revised 8/12/85 Correspondence to. Attorney Janes Throwe
—_- -11 Conn- Ave,_East Hartford, Ct 06108
CHECKLIST FOR. REQUIRED INFOPMA-TION
S. APPLIC.kNT HAS HAD 1VIAP6 AND PL�.NS CERTIFIED BY SOIL
CONSERV.�TION SERVICE TO VERIFY COMPLETE COMPLIANCE
WITH CONXECTICUT GUIDELINES FOR SOIL EROSION AND
SEDIMENT CONTROL ( A6 PEK H_kNDBOUK, AS ANIENDEDED,
AND PUBLIC ACT 83-3880, AS AMENDED.
DATE OF CERTIFICATION
7. APPLICATION INFORMATION COMPLIES WITH .AGENCY'S
REGULATIONS ( SECTIONS 7.1, a through j.
8. REQUIRED FEE HAS BEEN PAID.
DATE RECEIVED I
9. APPLIC.4.NT ( OR DESIGNATED REPRESENTATIVE)HEREBY
ATTESTS THAT A SIGN WILL BE P06TED AT THE FOLLOWING
LOCATION(S)
BY �\ /J rm;�r� ( NAME )
ON OR BEFORE ThE F LLOWING DATE
SIGNATURE
THIS APPLICATION IS FOUND TO BE COMPLETE AND NOW
(QUALIFIES FOR PLACEMENT ON THE AGENCY'S AGENDA:
DATE SIGNATURE
Town Engineer
Agency Seely
Agency Chairman
THIS APPLICATION IS INCOMPLETE BECAUSE OF THE FOLLOWING
UUMBERED ITEMS ( FROM ABOVE ) AS CHECKED BELOW:
1 2 3 4 5
6 7 8 9
ALLEVIATE
NONCONFORMING CONDITIONS AND NVE CORT FOUR OTHERS TO CONFORMANCE.
1 � NOTES: (1) EXISTING HOWARD LOT AREA=12,258•-SQ.FT.; PROPOSEDAREA=16,268 SQ.FT.
(2) PARCEL 2 EXISTING FRONTAGE OF 133.97 FT.WOULD INCREASE TO 156.91 FT.
(3) EXISTING HOWARD LOT DEPTH OF 84 FT.WOULD INCREASE TO 120 FT.
(4) BARN AND GARAGE,PRESENTLY NONCONFORMING,ARE TO BE REMOVED.
(5) HOUSE AND DECK ON HOWARD LOT,PRESENTLY NONCONFORMING,WOULD CONFORM.
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CEMENTS ^ "0�'F,. PROPOSED AREA = 0.37 ACRE
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0266
DECLARATION OF RESTRICTIONS AND PROTECTIVE COVENANTS
WHEREAS , ARTHUR A. ROE, (hereinafter referred to a
v 1 "Developer") is the owner of all those certain pieces or parcels
of land, situated in the Town of South Windsor, County of
Hartford, and State of Connecticut, shown as 1299 Main Street,
South Windsor, as described on Exhibit A attached hereto and
made a part hereof.
WHEREAS, Developer desires that any Buildings to be
constructed on the said land described in Exhibit "A" attached
hereto and made a part hereof (hereinafter referred to as the
"Land" are of Traditional design (i.e.Colonial, Cape, Farm House)
and desires to place certain restrictions upon said Land, which
restrictions shall run with the land and be binding upon all
purchasers of said Land, their heirs, executors, administrators,
successors and assigns, and on any mortgages secured by the same.
NOW THEREFORE, Developer, for the benefit of itself, its
successors, and assigns, and in order to create a uniform plan of
development, and for the purposes of carrying out the purpose
above explained and in consideration of these premises, does
hereby make known, publish, declare, covenant and agree that
said lot shall hereafter be subject to the following covenants
and restrictions, which shall be real covenants running with the
land and binding upon all purchasers, owners and mortgagees and
any purchasers, owners or mortgagees of any portion of the same,
its heirs, executors, administrators, successors and assigns.
FIRST: These covenants shall be binding upon all parties
and all persons claiming under them as hereinbefore set forth,
for a period of thirty ( 30 ) years from the date hereof, after
which time said covenants shall be automatically extended for
successive periods of ten (10) years unless an instrument, signed
by a majority of the then owners of the Lots, has been recorded
. agreeing to change said covenants in whole or in part.
SECOND: If the parties bound by said covenants, or any of
them, or their heirs, executors, administrators, successors and
assigns, shall violate any of said covenants, it shall be lawful
for any other person or persons owning any Lot to prosecute any
proceedings at law or in equity against the person or persons
violating or attempting to violate any such covenant, and either
to prevent him or them so doing or to recover damages or other
dues for such violation.
Invalidation of any of the covenants herein contained by Judgment
or court order shall in no manner effect any of the other
Oprovisions which shall remain in full force and effect.
THIRD: No Lot created on the "Land" shall be used except
for residential purposes. The residential structure shall be
only a single-family dwelling not to exceed two ( 2 ) stories in
height with a private garage, attached to, or detached from, said
dwelling. Expressly permitted as an accessory use shall be the
care and keeping of farm animals, including horses, subject to
local zoning regulations of the Town of South Windsor.
LAW OFFICES
KUEHN,CAVANAUGH
AND CUMMINGS,P.C. FOURTH: The floor area of the residential structure,
1665 ELLINGTON ROAD exclusive of one-story open porches but inclusive of garages
SOUTH WINDSOR,CT
06074
(203)644.3473
1
L
i
shall be not less than Two Thousand (2000) square feet.
0 FIFTH: No structure of a temporary character, trailer,
tent, shack, garage, barn or other out-building shall be used on
any Lot at any time as a residence, either temporarily or
Gf � 7 permanently.
SIXTH: All trash must be kept in sanitary containers out of
view from the street and adjoining lots.
SEVENTH: Developer or its duly recorded designee, reserves
the right to order the modification or replacement of any
appurtenances and accessories (including, but not limited to,
raised solar systems, antennas, fences, lights, gates and sign)
installed on the Lots and the road abutting same or on the
building theron and visible from the road abutting same, which,
in its sole discretion, are not in keeping with the surroundings.
EIGHTH: All construction on the Land shall be of
traditional design (i.e. Colonial , Cape, Farm house) and no
building, structure, or fence of any kind shall be erected,
placed or altered upon any building Lots unless the plans and
specifications for same and the location thereof shall have been
approved in writing by the Developer, its designated agent or
representative which aprroval will not be unreasonably witheld.
All plans are to be submitted in writing for action by the
Developer and the Developer will act upon said plans within 30
days or plans will be deemed approved.
NINETH: The exterior color of the dwelling, out-buildings
and appurtenances placed on the Lots shall be colonial tones
which are in keeping with the surrounding.
TENTH: All accessory vehicles, including trailers and boats
must be kept or stored on said premises, so as not to be visible
from the adjoining Lots or from the roadways.
ELEVENTH: The owner of any building lot created out of the
"Land" shall be responsible for the year-round maintenance of
the grass , trees , shrubs and other plantings , drives and
structures to a standard of maintenance substantially equivalent
Ito that of any adjoining Lots, but this covenant shall not be
Oconstrued to require the owners of the Lots to match any special
plantings or Landscaping on any adjoining or opposite Lot; the
objective of Developer herein being to keep said premises clean,
neat and reasonably cleared of dead and diseased trees and
branches, weeds and undergrowth.
TWELFTH: Only casual repair of registered motor vehicles
shall be permitted on the Lots. No unregistered motor vehicles
may be parked uncovered on the Lots.
LAW OFFICES
KUEHN,CAVANAUGH
AND CUMMINGS, P.C. THIRTEENTH: No pools, fences or permanent out-building may
1665 ELLINGTON ROAD be erected, placed or stored on any portion of the rights of way
SOUTH WINDSOR,CT reserved In favor of Developer.
06074
(203)644-3473
2
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6 FOURTEENTH: Any portion of the "Land" situated below the
`, Flood Plain line shall be utilized for agricultural purposes
7 Q only, and no buildings , structures or any other form of
QQ construction or use shall be permitted in any event within the
limits of the defined Flood Plain limits as on file in the office
of the Engineering Department of the Town of South Windsor.
FIFTEENTH: So long as said "Land" is encumbered by a
mortgage to the J. E. Shepard Company, no approvals required by
the Developer shall be effective unless and until said approvals
are also granted in writing by an officer of the said J.E.
Shepard Company.
Dated at South Windsor , Connecticut, thisl7th day of
January, 1986 .
.:1�.Cam..._..._
A thur A.TRoe
Signed, Sealed and Delivered
in the presence of :
ems■..
e
STATE OF CONNECTICUT)
) ss. South Windsor
COUNTY OF HARTFORD ) January 17 , 1986
b k::i-L- -
Personally appeared, ARTHUR A. ROE, as aforesaid signer of
the foregoing instrument, and acknowledges the same to be his
free act and deed, before me.
Ja +esWH. Throwe
Co issioner of the Superior Court
LAW OFFICES
KUEHN,CAVANAUGH
AND CUMMINGS, P.C.
1665 ELLINGTON ROAD
SOUTH WINDSOR,CT
06074
(203)644-3473
3
EXHIBIT A
A certain piece or parcel of land situated in the Town of South Windsor,
County of Hartford and State of Connecticut, known as:
/Parcel "A" - West Side of Main Street Containing 30.8 acres, more or less
and more particularly bounded and described as follows, to wit:
Beginning at a point in the westerly line of Main Street which point marks
the northeasterly corner of land now or formerly of Robert Saxton, et al;
thence running westerly along land of Robert Saxton, et al, Edward W. Kasheta,
Sr. , Doris Burdorf and Edward Bancroft, Jr. a distance of three thousand one
hundred fifty (3,150) feet more or less to the Connecticut River; thence
continuing northerly along the Connecticut River a distance of four hundred
(400) feet to a point; thence turning and running easterly along land of
Edward W. Kasheta, Sr. andd Felix and Mary Lapinskas a distance of three
thousand one hundred fifty (3,150) 'feet more or less to a point in the
westerly line of Main Street; thence turning and running southerly along
I said Main Street to Stoughton Brook; thence turning and running along
,Stoughton Brook along land of Henry B. Richmond, a distance of seventy-eight
(78) feet more or less; thence turning and running southerly along land of
said Richmond a distance of one hundred fourteen (114) feet more or less;
thence turning and running easterly along land of said Richmond a distance of
eighty-four (84) feet more or less to a point in the westerly line of said
Main Street; thence turning and running southerly along Main Street to the
point or place of beginning.
And being the same premises conveyed to Arthur A. Roe by Warrantee Deed of
Edward W. Kasheta, Sr., dated May 4, 1976 and recorded in Volume 208 at Page
4 of the South Windsor Land Records.
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LAW OFFICES
HN,CAVANAUGH
CUMMINGS,P.C.
ELLINGTON ROAD
JTH WINDSOR.CT
06074
(203)644-3473
84164 C
CONSERVATION EASEMENT
This Conservation Easement made this of ch, 1986
by and between, ARTHUR A. ROE, of the w ZZ;ay
n of South Windsor,
County of Hartford and State of Connecticut hereinafter called
"GRANTOR", and the SOUTH WINDSOR LAND CONSERVATION TRUST, INC., a
Connecticut corporation having its principal place of business
within the Town of South Windsor, County of Hartford and State of
Connecticut, hereinafter called "GRANTEE";
W I T N E S S E T H:
WHEREAS, the GRANTOR is the owner of real property located
on the west side of Main Street in the Town of South Windsor
comprising 30.8 acres more or less as hereinafter described on
Schedule A attached hereto and incorporated herein by reference;
and
WHEREAS, the GRANTEE, is a Connecticut non-profit, non-stock
corporation engaged in the purpose of preserving open space and
agricultural lands within the Town of South Windsor; and
WHEREAS, the GRANTEE, has determined that it would be in the
public interest and the interest of the GRANTEE to maintain that
portion of the premises described on Schedule A below the Flood
Plain Line, as established by the Engineering Department of the
Town of South Windsor for agricultural purposes ; and
WHEREAS, the GRANTOR is willing, in consideration of ONE
($1.00) DOLLAR and other valuable consideration granted to him by
the GRANTEE herein and in consideration of the need to provide
for the preservation of agricultural lands, to grant to the said
GRANTEE the easement hereinafter expressed concerning that
portion of the premises below (that is westerly of) said Flood
Plain Line for agricultural purposes only;
NOW, THEREFORE, the said GRANTOR does hereby give,
grant, bargain and confirm unto the said GRANTEE, its successors
and assigns forever the right, privilege and authority as a
conservation easement and restriction to perpetually preserve,
protect, limit, conserve and maintain that portion of the land
described on Schedule A attached hereto; westerly of and lying at
an elevation lower than the Flood Plain Line, as so defined by
the Engineering Department of the Town of South Windsor in its
present, natural and open condition and limited for use for
agricultural purposes only into the future.
THE GRANTOR FURTHER COVENANTS AND AGREES:
1. To prohibit and refrain from the following operations
unless prior written consent is obtained from the GRANTEE:
(a) the construction or placing of buildings, structures,
roads, signs, on or about that portion of the premises westerly
of or below said Flood Plain Line;
(b) the dumping or placing of substances or materials, such
as land fill or dumping or placing of trash, ashes, waste,
rubbish, junk, garbage or unsightly or offensive materials;
(c) the excavation, dredging or removal of loam, peat,
gravel , soil , rock or other mineral substances, except as is
necessary for the conduct of normal agricultural activities;
(d) the removal or destruction of live trees, shrubs or
natural vegetation, the killing of wildlife, or any other
activity or use detrimental to drainage, flood control , water
conservation, erosion control, soil conservation, wildlife or the
maintenance of the land in natural , scenic, and open condition,
except as is reasonable, necessary and appurtenant to the conduct
1
of normal agricultural activities, such as the growing of crops
and the like.
2. To maintain and preserve the area of said premises below
or Westerly of said Flood Plain Line as an agricultural use area
and to maintain the same in an open state.
The foregoing Conservation Easement shall be permanent and
shall be binding upon the GRANTOR, his successors and assigns,
and shall inure to the benefit of the GRANTEE, its successors and
assigns and shall be a convenant running with the land.
TO HAVE AND TO HOLD the above granted rights, privileges or
authority unto the said GRANTEE, its successors and assigns
forever, to its and their own proper use and behoof.
IN WITNESS WHEREOF, the GRANTOR and GRANTEE have hereunto
set their hands and seals the date and year first above-
mentioned.
Signed, Sealed and Delivered
in the pres nce of: GRANTOR:
Ar ur A. Roe
GRANTEE: SOUTH WINDSOR LAND
CONSERVATION TRUST, INC.
By
C arles B.-Shepar ,
Its President
STATE OF CONNECTICUT)
) ss. South Windsor
COUNTY OF HARTFORD ) March , 1986
Personally appeared ARTHUR A. ROE, signer and sealer of the
foregoing instrument and acknowledged the same to be his free act
and deed before me.
---------------
James H. rowe
Commissioner of the Superior Court
STATE OF CONNECTICUT)
COUNTY OF HARTFORD ss. South Windsor A� Lr 1986
Personally appeared CHARLES B. SHEPARD, signer and sealer of
the foregoing instrument and acknowledged the same to be his free
act and deed and as such President and the free act and deed of
said corporation, before me.
H--old R. ummings-
Commissioner of the Superior Court
2
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Soa ?d&i d�-ot
w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soe•co� AREA CODE 203/644-2511
December 17 , 1986
Mr . Kevin F . Rennie , Chairman
South Windsor Inland Wetlands Agency/
Conservation Commission
1540 Sullivan Avenue
South Windsor , Connecticut 06074
RE : Arthur Roe Subdivision Application Review
Dear Kevin :
The submission is , in essence , a 4 Lot proposal of which no
wetlands are shown . Our wetlands map and the flood plain
indication on the zoning map have a similar configuration
and with the restrictions that go with the zone , it would
appear to be limited activity within the wetlands . For in-
stance , Lot 3 is a 26+ acre parcel , totally within the wet-
lands , indicated for agricultural purposes , which is a per-
mitted use . Lot 1 is a 2 acre parcel with existing buildings .
The Howard Parcel has a fair amount of wetlands and/or flood
plain and an existing house . Any activity would require the
appropriate approval .
I am presuming that the intent of the application would be for
a building on Lot 2 at some time . At that time , it would be
appropriate to submit a plot plan, in accordance with the reg-
ulations , showing the wetlands and adequate sedimentation &
erosion control system. The plans as submitted indicate no
proposed activity .
Very truly yours ,
A. Bowen Davies
Deputy Town Engineer
ABD/jsv
Enclosure
CC : Mr . Arthur Roe
Mr . Michael J . Gantick, Director of Public Works
Ms . Marcia A. Banach, Director of Planning
Mr . Richard P . Martel , Town Engineer
IWA/CC File
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Schedule "A"
All that certain piece or parcel of land consisting of approximately 26.53 acres,
located West of Main Street in the Town of South Windsor, County of Hartford and
State of Connecticut, to the rear of 1299 Main Street, being bounded and described
as follows, to wit:
NORTHERLY: by land now or formerly of Edward and Adella Kasheta, 2,540.74 feet;
EASTERLY: by land owned now or formerly by Arthur A. Roe, 463.80 feet;
SOUTHERLY: by land owned now or formerly by Doris P. Burgdorf, and by land
owned now or formerly of Edward Bancroft, Jr., in part by each,
in all, 2,530 feet; and
WESTERLY: by the highwater mark of the Connecticut River, in all, 457.25 feet,
more or less.
Appurtenant to said premises, is a 20 foot easement adjacent to the Southeasterly
corner of the .above described premises for the right to pass or repass from other
land of Edward Kasheta, which said easement or right-of-way is bounded as follows:
NORTHERLY: by other land of Arthur A. Roe, 80.80 feet;
EASTERLY: by said other land of Arthur A. Roe, 20 feet;
SOUTHERLY: by land now or formerly of Edward Kasheta, 20 feet; and
by land now or formerly of Doris P. Burgdorf, 57.63 feet; and
WESTERLY: by the premises above described, 20.25 feet.
Also, appurtenant to said premises .above described,' is the right to use premises
owned by Arthur A. Roe, Easterly of the above described premises, along the stream
known as Stoughton Brook. Said right to use is for the passage of cattle and
cows, and also the right to use the waters of Stoughton Brook for farm irrigation
purposes, and is restricted to the area along the brook below the 32 contour line.
Said premises are subject to a pipe line easement to the Socony-Vacuum Oil Company,
Incorporated, appearing in Volume 39, Page 4; to a Conservation Easement as of
record appears; a declaration of Restrictions and Covenants appearing in Volume
424, Page 416; and building, 'building line and zoning restrictions of the Town
of South Windsor.
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w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
�Ndsos•co'`� AREA CODE 203/644-2511
February 23, 1987
Mr. Arthur Roe
1299 Main Street
South Windsor, Ct 06074
Dear Mr. Roe:
RE: Application #437
At the February 9, 1987 meeting, the South Windsor Inland Wetlands
Agency/Conservation Commission approved with conditions Application
#437, Subdivision of a 6 acre parcel into 2 lots located at 1299 Main
Street, South Windsor.
The following conditions must be adhered to for this permit to be
valid:
1. The owner of the parcels must come before this commission
with a site plan for approval prior to obtaining a building
permit.
2. Construction activities shall be subject to the approval of
/ the Town Engineer.
3. The application shall indemnify and hold harmless the Town
of South Windsor against any liability which might result
from the proposed operation or use.
4. The permit is valid for one year and shall expire
February 9, 1988.
Very truly yours,
Kax�w &2WM--1h-
Kevin Rennie, Chairman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
DLB
CC: A. B. Davies, Deputy Town Engineer
Richard Martel, Town Engineer
Marcia Banach, Director of Planning
Michael Gantick, Director of Public Works
Louise Evans, Chairman, PZC
Thomas D'Auri , Building Official
IWA/CC File
CAMP, iOTY1,11.31AMS & RIECHARms01V .
ATTORNEYS AT LAW-
- -- - 130 WEST MAIN STREET - -
- POST OFFICE BOX 1597 -
EDWARD B.SCOTT - NEW-BRITAIN, CONNECTICUT 06050 HAROLD N.WILLIAMS
J. NOXON HOWARD - - - - -
DONALD H.CLARK - - - COUNSEL
- CHARLES N.WILLIAMS - _ TELEPHONES
KENNETH J.CARIFA December 17, 1987 (203) 225-
(203) 225-2 9 9 1 1 5 5
_ - Ms. Marcia. A. Banach -
Director of Planning
Town Hall
1540- Sullivan Avenue
South Windsor, CT 06074 __ -
Re: Roe Subdivision, 1299 Main Street
Dear Ms. Banach:
The two approved maps of this subdivision were filed on
the Land Records December 16 , 1987 following payment of the
$50 . 00 "drainage assessment" at your office. The maps show the
iron pins at all corners of the several parcels as required,
and show also the Conservation Area on Lot No. 2 , and the
Rights-of-Way to Lot No. 3 over Lot No. 2 and to Lot No. 2 over
Lot No . 1. Other documents on the Land Records include: the
Conservation "easement" (V.431, P. 363 ) , the easement in favor
of Lot No. 3 over a portion of Lot No. 2 W. 431, P. 366) , and
the easement in favor of Lot No. 2 over Lot No. 1 for street
access W. 468 , P. 466 ) . Your office has checked these and
reports satisfaction.
As your office records will show, Arthur Roe was appli-
cant for approval of this subdivision, represented by Attorney
Jim Throwe as counsel . After approval was granted Roe to pro-
ceed with subdivision ( subject to detailed conditions recited
in P/Z/C letter to Throwe—dated—Nov-ember 1-67--l-9-8-6J—he c- ded
sales of Parcel No. 3 to Kashita and of Parcel No. 2 to Howard,
having exchanged deeds with Howard to bring property No. 1305
and frontage on the brook section into compliance with zoning.
Wetlands approval granted February 9, 1987 cleared their juris-
diction (letter dated February 23, 1987) .
Thereafter, Roe has totally defaulted on his continuing
responsibilities to pay for finalizing the survey and to remove
the barn and garage encroachments on property No. 1305. Roe' s
default is compounded by Throwe who feels he is excused from
any responsibility for supervising completion of this project
•
CAMP, WIIeI XI&MS RICRARI SON
in dereliction of the obligation he assumed when he acted as
Roe's counsel in the sales of Parcels No. 3 and No. 2 and the
conversion of the two properties into cash proceeds for Roe.
As a- result of this default, the follow-through- re-
quired to salvage approval of this -subdivision has fallen upon
John Howard , which up to now includes payment of the final
charges by the surveyor for pinning and completion of the. de-
tailed maps required as conditions for approval. Howard is now
completing plans for building h-is new house on Parcel No. 2 .
Start of construction is not expected to be before August lst.
Current Wetlands approval expires February 9,- 1988 and we under-
stand will require renewal.
Because Roe can be expected to continue his default, it
is requested that instructions for Wetlands extension be sent
to me as counsel for John Howard in order to be certain exten-
sion is applied for timely.
Removal of the barn and garage encroachments on the
enlarged No. 1305 parcel is Roe's commitment, as he confesses .
However, his getting the job done looks dubious despite re-
peated promises. We will continue pressure on him since the
Town apparently will not. That may not succeed by the time a
building permit for Howard ' s new house is needed. Until the
new house is ready for occupancy, the No. 1305 parcel he now
occupies will not be sold. It will have to be resolved whether
removal of buildings which encroach on No. 1305 is a condition
precedent to sale of the old house, or on the issuance of the
permit to build the new house. The encroachments ought to be
treated as only affecting the enlarged No. 1305 parcel and its
eventual sale. That treatment would allow issuing the building
permit for the new house before the old buildings are removed
while giving more time to accomplish removal. If Roe's default
continues to the time when sale of No. 1305 is imminent, then
it has been suggested that a cash-equivalent bond be posted for
the cost of removal , prior to that sale. The pattern to be
followed will need to be defined in advance. It is requested
that we be given the opportunity for discussion with the commis-
sion to clarify planning well in advance of August.
2
C&MP. WILLIA-MS & RXCU�&IIUD OIV
ated.
Your assistance in unravelling this matter is appreci
Very truly yours,
-
CAMP, WILLIAMS & RICHARDSON
By
J. Noxon Howard
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3
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,� we 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
J'1'p80R CO AREA CODE 203/644-2511
January 7, 1988
Arthur Roe Estate
1299 Main Street
South Windsor, CT 06074
Re: Arthur Roe
Application No. 437
Dear Sir:
This is a reminder that the permit with the Inland Wetlands
Agency/Conservation Commission, Application #437 will expire on
February 9, 1988.
The agency requires a letter requesting extension together with
a fee of $25. 00. This should be submitted at least 30 days
prior to the expiration date of the permit. If work has been
completed or will be completed by the expiration date, we would
appreciate you contacting the Inland Wetlands
Agency/Conservation Commission' s secretary at 644-2511, Ext. 255
to advise of the work status.
If you have any questions, please don't hesitate to call, or
contact Mr. Davies, Deputy Town Engineer.
Very truly yours,
Elizabeth Warren, Vice thairm&n
Inland Wetland Agency/
Consveration Commission
cc: A.B. Davies, Deputy Town Engineer
Rick Martel, Town Engineer
CAMP, WIIX�XAIAMs & RICIMARDs01V
ATTORNEYS AT LAW
130 WEST MAIN STREET
POST OFFICE BOX 1597
EDWARD B.SCOTT NEW BRITAIN, CONNECTICUT 06050 HAROLD N.WILLIAMS
J. NOXON HOWARD -
COUNSEL
DONALD H.CLARK
CHARLES N.WILLIAMS TELEPHONES
January 13, 1988
(203) 225-6464
KENNETH J. CARIFA
(203) 225-2 9 15
Ms. Marcia A. Banach
Director of Planning
Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Roe Subdivision, 1299 Main Street
Dear Marcia:
My prior letter of December 17th on this matter asked for instructions as
to extending Wetlands approval. Since the current approval granted February 9,
1987 technically expires February 9, 1988, I need to know what steps, what forms,
what hearing, etc. are required to gain renewal.
Please advise, to meet any deadline.
Very truly yours,
CAMP, WILLIAMS & RICHARDSON
By y Z'le
J. Noxon Howard
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a
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CAMP, W111LILIAMS $ RICHARIDS01V
ATTORNEYS AT LAW
130 WEST MAIN STREET
POST OFFICE BOX 1597
EDWARD B.SCOTT NEW BRITAIN, CONNECTICUT 06050 HAROLD N.WILLIAMS
J. NOXON HOWARD
COUNSEL
DONALD H.CLARK
CHARLES N.WILLIAMS January15, 1988 TELEPHONES
(203) 225-6464
KENNETH J.CARIFA (203) 225-2915
Wetlands Commission
Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Roe/Howard Property
Application No. 437
Attn: Michele
Gentlemen:
My letter to Marcia Banach dated December 17, 1987 (copy
enclosed for your file) will furnish a detailed background on
the subdivision involved in this application. Your commission
granted approval February 9 , 1987, effective for the first year
which ends next February 9, 1988 .
To preserve that approval, an extension to February 9,
1989 is requested, and the applicable fee of $25.00 is
enclosed, payable .to the Town of South Windsor. Kindly place
this application for renewal on your next agenda.
If added information is needed, or if our presence at
your next meeting is required, kindly notify us. Otherwise, we
request that a letter of renewal issue in due course.
Very truly yours,
CAMP, WILLIAMS & RICHARDSON
By ob'jj -. �..,
J. Noxon Howard
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Enclosures
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t°W H SEA<
+\` _ Town, 0_.ilg Soli
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR.Co AREA CODE 203/644-2511
February 10, 1988
Arthur Roe CERTIFIED MAIL
1299 Main Street
South Windsor, CT 06074 - -
RE: Permit Extension - Application #437, Arthur Roe
Dear Mr. Roe:
At the February 8, 1988 meeting of the South Windsor Inland
Wetlands Agency/Conservation Commission they approved a one-year
extension for the above mentioned application.
The extension becomes effective February 9 , 1988 with an
expiration date of February 9, 1989 . All original conditions of
this permit still apply.
very truly yours,
9011-" W, J X&kA'V7 ) �
J hn M. Moran, Jr. Chairman
Inland Wetalnds Agency/
Conservation Commission
Town of South Windsor
JMM:mrl
cc: A. B. Davies, Deputy Town Engineer
Town Engineer
Planning & Zoning Commission
Thomas D'Auria, Building Official
Marcia Banach, Director of Planning
•
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0-� O-P Sau� ?d&U&Ot
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
flosOe,co AREA CODE 203/644-2511
December 16, 1988
Attorney James H. Throwe
33 Connecticut Blvd.
East Hartford, CT 06108
RE: Application #437 - Arthur Roe Estate
1299 Main Street, South Windsor
Dear Sir:
This is a reminder that the permit with the Inland Wetlands
Agency/Conservation Commission, Application #437 will expire on
February 9, 1989 .
The Agency requires a letter requesting extension together with a
fee of $25.00. This should be submitted at least 45 days prior to
the expiration date of the permit. If work has been finished or
will be finished by the expiration date, please have an engineer
send a letter stating work is completed according to the approved
plan.
In the event that you are requesting an extension, Section 4.13 . 6
of the Zoning Regulations, Conservation Plan (a copy enclosed)
establishes the criteria for such a plan and a method of monitoring
its application. A permit for your proposal was granted, with a
bond as assurance of compliance with its sedimentation and erosion
control measures. To assist in the review process by the IWA/CC,
whether for a permit extension or specific inquiry request, the
provisions for verification through progress reports by the
developer's/applicant's Engineer demonstrating that each Erosion
and Sedimentation control measure has been installed and
maintained, in accordance with the approved plan shall be required.
It is requested that this verification report be submitted thirty
days before the regular meeting of the IWA/CC, February 13,1989,
to permit time for the Commissioners to evaluate your project
controls .
If you have any questions, please contact Phyllis Mann or John
McCahill, Zoning/Wetlands Enforcement Officer. (644-2511 Ext. 253 )
truly yours,
n M. Moran, Jr. , C T-__�
Inland Wetlands Agen /
Conservation Commission
JMMJr./pmm
Enclosure