Loading...
HomeMy WebLinkAboutKelley Subdivision Application TOWN OF SOUTH WINDSOR PLANNING 8&ZONING COMMISSION APPLICATION FORM RECEDED Application No: _ RECEIVED _ t x Official Receipt Date: ft Receipt No: SEP 12007 SOUTH WINDSOR PLANNING DEPT. APPLICANT: Bruce Kelley SOUTH WINDSOR PLANNING DEPT. PROJECT NAME: Kelley Subdivision ADDRESS: 617 Clark St. , South Windsor, CT 06074 OWNER OF RECORD ON LAND RECORDS: Bruce S. & Amy Kelley ADDRESS: 617 Clark St. , South Windsor, CT 06074 COMPLETE LOCATION OF PROPERTY: 617 Clark St. ASSESSOR'S MAP# 37 PARCEL # 1 ZONE RR NAME, ADDRESS, TEL& FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Bruce Kelley Tel: 644-8761 Fax: 644-5650 1744 Ellington Rd. , So. Windsor, CT Estimated presentation time: 20 min. THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certificate of Mailing) ❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) 2r Subdivision 2-IM"'inor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor❑ Major ❑ Conditional Approval Special Exception to Article 4 6.1 (Public Hearing, Certificate of Mailing) ❑ Site Plan of Development ❑ General Plan of Development- State Hearing per Section 14-55 for ❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing Required) ❑ Regulation Amendment ❑ Zoning ❑ Subdivision - Attach proposed amendment (Public Hearing Required) ❑ Temporary and Conditional Permit for (Public Hearing Required) ❑ In Law apartment/Accessory Apartment (Public Hearing Required) ❑ Major Home Occupation for (Public Hearing Required) ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. 7!2 Signature of Applicai Signature of Property Owner Volume 644 Page N° 181 Quit Claim Deed—Survivorship—Spacial Cleaveland Legal Blank Service,Inc. No. 135 Hartford.Connecticut is TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE That I, BRUCE S. KELLEY IF of the Town of South Windsor in the County of Hartford and $tate of Connecticut, for the consideration of ONE DOLLAR 1$1.001 and other good and valuable consider. s, afions, received to my full satisfaction of ANY B. KELLEY of said . 7t- Town-do remise,release and forever QUIT CLAI unto the said 14, and myself,the said os Grantees,and to the survivor of us,and the heirs and - _ assigns of such survivor forever,all the right,tithe,interest,claim and dempnd whatsoever as I the said Grantor have or ought to have in or to all that certain piece or parcel of fond situated on Clark Street in the Town of South Windsor, County of Hartford and State of Connecticut, bounded and described as follows: NORTHERLY By land now or formerly of Joseph V. and Mary L. Ficca; EASTERLY By Clark Street; SOUTHERLY By land now or formerly of Anthony Kupchunos; and WESTERLY By land now or formerly of Sherwood Waldron; Containing nine (9) acres, more or leas. Being the same premises conveyed to the Grantor hero�n by Warrantee Deed of Richard S. Kelley dated December 18, 1987 and recorded in Volumb 511, Page 80 of the South Windsor Land Records. CONVEYANCE TAX RECEIVED STATES LOCALS NO r TOWN CLERK OF SOUTH WINDSOR +-= rV nhvt ANO 10 HOLD the premises,with all the appurtenances,unto us the said Grantees,and unto the survivor of { us,and such survivor's heirs and assigns forever. IN WITNESS WHEREOF,I have hereunto set my hand and seal this 8th day of May ,A.D.,1992. Signed,seated and delivered in presence of, let ..........= ......... S WiKii4 .......... IG+�'rt �►•• .......... �........................L S. 'Bruce S. Kelley ................. , ,. , �,7�.��tt.:......_......... ��,t IW i.lLCe.rl-�j STATE OF CONNNECTICUT COUNTY-OF---HARTFORD - -- - -- -- - _ May 8, 19 92 PERSONALLY APPEARED: Bruce S. Kelley signer and sealer of the foregoing Instrument and acknowledged the same so be h is free act and deed before me. �(�..e. ....WiTlYhhl"E: GYZIC.b..................................... Commissioner of the Superior Court Notary Public - _ MAY 13 1992 - - - _ Received ......... ...................19......Af.f\.CtYM. Grantees'Address: Recorded in ........... r 617 Clark Street . ............. ................ ............... .......... Land Records—Vol.�.7..� Street and Number ..Page..�............... • e ' South Windsor CT 06074 »......».........»..»......................................................... ' 4{ •�'`'1�\ q own Clark Ctfy State TOWN CLERK • 9` 81 W rl Clark S+rce—t_ RECEIVED SEP 0 6 2001 TOWN OF SOUTH WINDSOR Transmitted Via Certified Mail September 5,2007 To: Current Abutting Property Owner Re: Application of Kelley Subdivision 617 Clark Street South Windsor, CT DPI Project No. 2423 Dear Property Owner: In accordance with Section 7.3b of the"Town of South Windsor Inland Wetlands, Watercourses, and Conservation Regulations" and the"Regulations of the Planning& Zoning Commission",we.are required to subject to notify hearin that an application has b the Inland Wetlbeen ands filed on the property abutting yours and is g( ) Y Agency/Conservation and Planning&Zoning Commissions. The application and plans are on file with the South Windsor Planning Department in the Town Hall. As an abutting property owner you are invited to the hearing(s)to ask questions and/or give comments,however,you are not required to attend. You may also submit written comments regarding the application(s)prior to the meeting, if you so desire. For further information regarding the specific date this application will be heard, please contact the South Windsor Planning Department at 644-2511, ext. 253, or myself at 644-8761. Thank you. Sincerely, - Bruce S. Kelley �toWN Sf,`� Cl) � ��� �sou� �. o y 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 sox•co - TELEPHONE(860) 644-2511 November 16,2007 Mr.Galen B. Semprebon,P.E. Design Professionals, Inc. 425.Sullivan Avenue South Windsor,CT 06074 Re: Approval to connect-.Kelley Subdivision/617 Clark Street, South Windsor,CT Dear Mr. Semprebon: The:South Windsor.Water Pollution Control Authority,-.at its regular meeting of November 7, 20071' approved the application as presented for connection to.the Town's sewerage system of a proposed three lot subdivision located at 617 Clark Street,as more specifically shown on plans entitled"Kelley Subdivision, Subdivision_Plan,_617 Clark Street, South Windsor, Connecticut"; Prepared by Design Professionals; South Windsor, CT; Sheet No.: 4.of 6, "Topographic Plan", Job No.: 2423, Drawing . No.: G:\jobs\2423\Wetlands\2423jopo PZ2.dwg; Dated:. 8/22/07 with revision dates: 9/12/07, .9/27/07,and 10/29/07. This approval is subject to the following conditions: 1.. - Provide an.:external.electrical outlet with proper transfer switch meeting all appropriate code requirements for the purpose of providing auxiliary power(generator); 2. A draft of a_private easement between.the property owners must be reviewed and approved by the Town Attorney; 3: :Technical approval of the Town of South Windsor.Engineering Department; 4. Final Authority approval and acceptance of the sanitary sewerage connection will be given once the sewer-line has been installed and inspected by, the Town staff and based upon the written verification of the Town staff. that-said sanitary.sewerline,was;installed in substantial. conformance with:the design plans approved -by. the Authority, and meeting all Town regulations:and appropriate technical specifications relating to sanitary sewer construction. This approval.letter must be superimposed on the final approval plans. Very truly yours, Joseph J.Carino,-Chairman Water Pollution Control Authority JC:ead cc' Michael J. Gantick,Director of Public Works Jeff Doolittle,Town Engineer ✓Marcia Banach,Director of Planning Chris Dougan,Chief Building Inspector PRE CONSTRUCTION MEETING SIGN IN SHEET NAME - - - - - - - -COMPANY ADDRESS TELEPHONE-# ------------------------------- ----------------------------•----------------� -------------------------------------------- - - - - - - - - - - - - - - - - - - - - - 1'oSc� a aprn��- _3�m�gk ZY� i , i-r ck tylb na- /-z b4u--J'T Vr��`� S2 �► 1 tiff r STANDARD APPROVAL MODIFICATIONS FOR SUBDIVISIONS & RESUBDIVISIONS PROJECT: Kelley Subd and Spec Exception APPL#07-56P ARCHITECT/ENGR:Design Professionals PROJ#2423 Submit mylars of sheets: 3 1. This approval is for 3 lots,numbered 1-3. Lots#1 and 2 are approved as an interior lot under the provisions of section 3.2.2. 2. Drainage and construction for this subdivision is subject to the approval of the Town Engineer. 3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 4. Water shall be supplied to this subdivision by public water. 5. Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor,at no expense to the Town. 6. A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured,with a combined single limit for bodily injury and/or property damage in the amount of$1,000,000. 7. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission. 8. Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff. 9. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 10. All easements for conservation purposes,drainage or utilities,that may be required in connection with the approval of this subdivision,must be submitted on standard Town easement form where appropriate,to this Commission prior to filing the mylars and issuance of building permits.All deeds for open space,public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney. 11. Footing drains are required for each house.Prior to the building of any structure on a lot, a topographic map,drawn to a scale of 1"=40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains.No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer. k ' 12. If, for any reason, finished grading and other individual lot site work is not completed,the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work.This cash bond must be submitted prior to issuance of a Certificate of Occupancy. 13. Quantity estimates must be submitted to the Town Engineer(on the enclosed form) for the purpose of determining subdivision bonding.All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk's office. If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date,the Commission may,at its option, call the Letter it is holding. 14. A drainage assessment fee in the amount of$100.00 shall be submitted to this Commission. 15. The Town Engineer's review comments dated 10/23/07 must be addressed to the Town Engineer's satisfaction. 16. No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office. 17. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 4.13.10 of the zoning regulations. 18. For lots 1 and 2, the approved location of the house, garage and driveway are an integral part of this special exception Any modifications other than staff-approved minor modifications will require further approval from the Commission. 19. Evergreen plantings on Lot#2 must be preserved to provide for a screening between the two homes. 20. A quit claim deed must be submitted to establish the street line along the Clark Street frontage. 21. Standard mylar filing paragraph Standard Special Exception paragraph Town of South • • Planning Department Memo To: Galen Semprebon, P. E., DPI From: Michele R. Lipe, Assistant Director of Planning Date: 10/10/2007 Re: Appl 07-56P, Kelley Subdivision and Interior Lots 1. Planning Department review comments for the above-referenced site 2. The data block should list minimum requirements for interior lots. 3. The disposition of Parcel B must be addressed—it can not be left as a land locked parcel. 4. The southern curb cut to the existing house should be eliminated(to avoid conflicts). •Page 1 MEMORANDUM To: Marcia Banach, Director of Planning From: Jeff Doolittle, P.E., Town Engineer Date: October 9, 2007 Re: App 07- 56P Kelley Subdivision In reviewing the Kelley Subdivision on Clark Street I have the following comments: 1. The 12" pipe crossing the driveway to lot 2 between wetlands needs to be lengthened to at least 24 feet to allow for grading of 21-1:1 V side slopes on both sides of the driveway. 2. Add elevations for a high point or a low point in the driveway to Lot 2 about 80-120 feet west of the wetlands crossing. 3. The common sewer lateral is shown with a 0.5% slope to the two proposed manholes which is too flat. Increase the slope of this common sewer lateral to at least 1% and preferably 2% in accordance with the Town standards. 4. The long sewer force main serving Lot 2 could have stagnant sewage that might develop sewer gas buildup and unpleasant sewage odors. This sewage pumping system needs to have an automatic flushing system or automatic chemical odor control system to prevent unpleasant sewage/sulfide odors. 5. Show a sump pump/foundation drain for the house on Lot 2. 6. Show the sump pump outlet drain for the houses on lots 1 and 3. 7. Show more spot elevations around the house on Lot 3. It appears that the existing elevation 80 contour is being connected to a proposed elevation 78 contour in the driveway for this house. Check the grading around this house. 8. Label the individual lot driveways as to finish, bituminous pavement or gravel. The common driveway needs to be paved with bituminous concrete and labeled as such. Please let me know if you have any questions. 70 ;7,\ q O.NN SE4 70-u� 01P slcw� ?d 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 r�°sox•cu' TELEPHONE (860) 644-2511 CERTIFIED MAIL 7007 1490 0000 3753 1100 October 4,2007 Bruce Kelley 1744 Ellington Road South Windsor CT 06074 Dear Mr. Bruce Kelley Re: Appl#07-56P Kelley Subdivision Please be advised that the Public Hearing of the Planning & Zoning Commission in the above referenced matter has been scheduled for Tuesday, October 23, 2007 at 7:30 in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue. Someone must be present at the hearing to represent the application. One sign advertising the hearing must be posted on the property for ten (10) consecutive days prior to the hearing and must be clearly visible from a town street. Please have one sign posted on Clark Street and by October 5, 2007. Signs can be obtained in the Planning Department. Sincerely, Maria D. Acevedo Administrative Secretary t "0.QZ1=kTO BE PUBLISHED IN THE JOURNAL INQUIREPCT O 4 200? ASST.TOWN CLERK SATURDAY, OCTOBER 6, 2007 SOUTH WINDSOR— INLAND WETLANDS AGENCY/CONSERVATION COMMISSION At the October 3, 2007 Regular Meeting, the Commission voted to take the following actions: Approved with conditions - Appl. #07-32P— Kelley Subdivision--617 Clark Street— Inland Wetland/Conservation Commission application for four-lot residential subdivision and associated improvements on property located northerly of Clark Street. Rural Residential (RR)Zone. Dated at South Windsor, CT this 4t" day of October. 2007 Elizabeth A. Warren, Chairperson y Kelley Subdivision and Special Exception for Interior lot PH 10/23/07 1. Request for approval of a Subdivision and Special Exception to create two interior lots leaving behind one conventional lot on property located 617 Clark Street, RR zone. 2. The requirements for a conventional lot in the RR zone are 40,000 sf lot size with 175 feet of street frontage. The applicant is leaving several parcels "as not a building lot" for future development. We would note that since Parcel B is shown to be deeded to one of the abutting properties. 3. The requirements for interior lots in the RR zone include: 80,000 sf minimum lot size and 262.5 feet minimum lot width parallel to the street. The proposed interior lots are proposed as 2.1 and 3.6 acres in size and both with 263 + feet in width. 4. The criteria for approval of interior lots include: a. the subject area's boundary configurations, topography, soils or other natural resource characteristics; b. proximity to neighboring properties and dwelling units; c. restriction of existing views; d. proposed buffering/screening; e. potential drainage, traffic & environmental impacts f, driveway locations, slopes & sight lines g. utility service capabilities h. property value impacts; and i. future land use alternatives. 5. Clark Street is considered a minor arterial, therefore shared drives are required. Access to the interior lots is proposed to be a commo ' wide paved drive off of Clark Street. The driveways servicing the new interior lots will include a turn-around for emergency vehicles. The Fire Marshal has reviewed the plans and is satisfied with the emergency access provisions and driveway width. 6. Planning staff have suggested that the southern curb cut to the existing house should be eliminated to avoid conflicts with the new driveway. 7. The interior lots will be served by public sewers and public water. The sewers will connect to Clark Street. WPCA approval is required. •II 8. There regulated wetlands on the new lots. The application received IWA/CC approval with no unusual approval conditions. 9. There is existing screening between the existing house and lot #2 which consists of 15 evergreens which are shown to remain. We would recommend that be incorporated into an approval condition. 10.The applicant has will be establishing a new street line (ROW) with this application, 30 feet in width as this is a collector road. 1 l.For lots 1 and 2, the approved location of the house, garage and driveway are an integral part of this special exception. Any modifications other than staff- approved minor modifications will require further approval from the Commission. If this application is approved, the Planning Dept. has no further approval conditions to request. VOL. 1962PAGE 136 785 CONSERVATION EASEMENT AGREEMENT THIS AGREEMENT made this day of F-c8-e 2008, by and between Bruce S. Kelley and Amy Kelley, both of the Town of Marlborough, County of Hartford and State of Connecticut, hereinafter jointly called "GRANTOR", and the TOWN OF SOUTH WINDSOR, a municipal corporation having its territorial limits within said County of Hartford, and State of Connecticut,hereinafter called"GRANTEE"; WITNESSETH WHEREAS, the Grantor is the owner of real property, hereinafter described, situated in the Town of South Windsor, County of Hartford, and State of Connecticut, which Grantee, acting µo 0 through its Inland Wetlands Agency, and/or Planning and Zoning Commission and/or Town 1-0� Council, has determined would be in the public interest to retain, maintain and conserve in its present natural state; and OD w N vo SD WHEREAS, the Grantee has determined that the maintenance and conservation of the said A property of the Grantor can best be accomplished by the securing by Grantee of a limited access/use 0i o easement over, across, and upon the said property of Grantor; and o F.OD W� WHEREAS, the Grantor is willing, in consideration of One Dollar ($1.00) and other valuable consideration, receipt of which is hereby acknowledged, to grant to said Grantee the easement and covenants as hereinafter expressed concerning said property, thereby providing for its maintenance z and conservation. NOW THEREFORE, said Grantor does hereby give, grant, bargain, sell and confirm unto said Grantee, its successors and assigns forever, the right, privilege and authority as a Conservation Easement Agreement perpetually to preserve, protect, limit, conserve and maintain the land hereinafter described in its present natural condition. All covenants contained herein are deemed to run with the land. Said premises subject to this Conservation Easement Agreement, hereinafter called theCn "CONSERVATION EASEMENT AREAS"are described as shown on Schedule A attached hereto. o C r. Said CONSERVATION EASEMENT AREAS are delineated on the following map filed or z to be filed on the South Windsor Land Records: m r M ?_ T� e Being certain parcels of land each depicted as"Proposed Conservation Area" in favor of the oa Town of South Windsor on a plan entitled `Plot Plan Prepared for: Bruce Kelley,617 Clark, > Street. South Windsor, Connecticut, Scale: 1"=401,Date: 8/22/07, Revisions 1/03/08; 12/4/07; 2 r 10/29/07; 9/27/07; and 9/12/07 By: Design Professionals, Inc. 425 Sullivan Avenue,PO Box 1167, South Windsor, Connecticut 06074 Tel. 860.291.8755" o Said CONSERVATION EASEMENT AREAS are being set aside to maintain the property in o its present natural and open condition to fulfill its present historic, scenic,,vegetative, wildlife and/or x hydrological functions; to protect in perpetuity significant natural features of the property; and to YOI. 19 6 2 PAGE 137 2 minimize the environmental impact of activities associated with land development within the Town of South Windsor. The grant of this easement does not in any way grant to the public the right to enter upon said CONSERVATION EASEMENT AREAS for any purpose whatsoever unless stated specifically in this Conservation Easement Agreement. COVENANTS Grantor covenants and agrees to prohibit and refrain from the following activities under, over, or upon the CONSERVATION EASEMENT AREAS: 1. No buildings, camping accommodations, play equipment or vehicles of any type, or mobile homes shall be placed or erected in the CONSERVATION EASEMENT AREAS. 2. No signs, billboards or other such advertising materials or structures of any kind or nature will be placed or erected upon, below or above the CONSERVATION EASEMENT AREAS. 3. The topography of the landscape of the CONSERVATION EASEMENT AREAS shall be maintained in its present condition, and no topographic changes shall be made. Topographic changes shall include, without exclusion, cutting of trees (except as may be required by good tree husbandry and maintenance after receiving written approval of the Grantee), filling, excavating, dredging, mining or drilling, removal of topsoil, sand, gravel, rocks, or minerals, alteration of natural or existing watercourses or drainage. 4. There shall be no manipulation or alteration of natural watercourses, lakeshores, marshes or other water bodies, if any, nor shall any uses or activities in the CONSERVATION EASEMENT AREAS be permitted which could be detrimental to water purity or to any vegetative, wildlife or hydrological function. 5. There shall be no operation of vehicles, snowmobiles, dune buggies, motorcycles, mini- bikes, go-carts, all-terrain vehicles or any other type of motorized vehicle in the CONSERVATION EASEMENT AREAS, except as may be necessary to conduct the activities set forth in"EXCEPTIONS"herein. 6. There shall be no dumping, no filling or placing of trash, ashes, leaves, waste, rubbish, garbage or junk in the CONSERVATION EASEMENT AREAS. In the event that such materials are placed in the CONSERVATION EASEMENT AREAS, the Grantor, upon notice from the Grantee, will remove said materials within 30 days of such notice. 7. There shall be no future storage or placement of any equipment, natural or man-made materials or substances in the CONSERVATION EASEMENT AREAS. The Grantee, or its successors or assigns, does not waive or forfeit the right to take action as may be necessary or required in order to ensure compliance with said covenants and/or the purposes for which this CONSERVATION EASEMENT was granted. It is the responsibility of the property owner to be fully aware of all the conditions contained in the Conservation Easement Agreement as VOL. 1962PAGE 138 : 3 expressed herein. The Town of South Windsor will vigorously enforce the conditions established herein. EXCEPTIONS _ The Grantor may enter upon the CONSERVATION.EASEMENT AREAS to conduct the following activities: 1. Removal of debris, dead trees or brush for the purpose of promoting safety; 2. Pruning and thinning of live trees and brush for the purpose of promoting safety and aesthetic quality, or restoration of natural balance including the removal of exotic species; 3. Planting of trees, shrubs or other vegetation for the purpose of enhancing wildlife or aesthetic quality. 4. Maintenance of existing and future lawn and landscaping, provided such activities do not violate the terms and intent of the"COVENANTS"herein. 5. Use of Conservation Easement Area located on Lot Nos. 1 and 2, as shown on said subdivision map for the raising and grazing of horses and/or other livestock. The above EXCEPTIONS shall not abrogate the requirement to acquire any permits required by local, state or federal law. Before commencement of any site work in the CONSERVATION EASEMENT AREAS, the Grantor shall mark the boundaries of the CONSERVATION EASEMENT AREAS with wooden stakes. Such stakes shall be located at the endpoints of the boundary and at each change of boundary direction. The endpoints of the boundary shall be permanently marked with merestones. ACCEPTANCE OF EASEMENT Acceptance of this Conservation Easement Agreement by the Grantee shall be evidenced by following the procedure outlined in the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances. LIMITATION ON RIGHT TO AMEND If circumstances arise under which an amendment to or modification of this Conservation Easement Agreement would be appropriate, Grantor and Grantee may jointly amend this Agreement by following the procedure outlined in the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances. RELEASE OF EASEMENT If either or both of the CONSERVATION EASEMENT AREAS, or any part thereof, shall be taken by condemnation, or release of either or both of the CONSERVATION EASEMENT AREAS have been voL. 1962PAGE 139 4 requested, then the procedures outlined in the Town's Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances must be followed. IDENTIFICATION AND INSPECTION OF CONSERVATION EASEMENT AREAS The Grantor further covenants and agrees as follows: 1. The Grantor shall cause to be installed and maintained, merestones identifying the boundaries of the CONSERVATION EASEMENT AREAS. 2. The Grantor hereby grants the Grantee the right to access the property for the purpose of maintaining markers identifying the boundaries of the CONSERVATION EASEMENT AREAS. 3. The Grantor hereby grants the Grantee, upon reasonable notice, the right to have a representative of the Town inspect the CONSERVATION EASEMENT AREAS to determine if the Grantor, its heirs, successors and assigns, are complying with the covenants and purposes of this Agreement. 4. The Grantee may enforce this Agreement by proceeding in law or in equity, including but not limited to the right to require the restoration of the CONSERVATION EASEMENT AREAS to the condition at the time of this Agreement. Any costs incurred by Grantee in enforcing the terms of this Agreement against any violator including without limitation, costs of suit and attorney's fees, shall be borne by the violator. FINDING OF VIOLATION l. If the Grantor is found by the Grantee, or its successor to have violated the terms of this Easement or Agreement, the Grantor agrees, among other things, to cease and desist from any activity violating the terms of this Conservation Easement Agreement, and further agrees to restore the CONSERVATION EASEMENT AREAS as closely as possible to its condition and state prior to said violation. Such restoration shall include but is not limited to: a) replanting with trees, shrubs or other appropriate vegetation acceptable to the Grantee; b) removal of any debris, trash, garbage, ashes, waste, rubbish, silt, unsightly or offensive material; c) removal of any unauthorized buildings, signs, billboards or other advertising, or other structures on or above ground; d) emplacement and maintenance of erosion controls; e) Restoration shall be at the expense of Grantor and in accordance with plans developed by a qualified professional such as a landscape architect and/or professional engineer, and approved by the Grantee or its successor. 2. If the Grantor is found to have violated any of the terms or conditions of this Conservation Easement Agreement, the Grantee, or its successor, may exercise its discretion in accordance with the Town's VOL. 19 6 2 PAGE 140 5 Conservation Easement Ordinance, which is Section 164 of the South Windsor Code of Ordinances, to levy a daily fine following notification to the Grantor of a Finding of Violation, and proceeding until full restoration has been achieved and certified by the appropriate Town Agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the Grantor and its heirs, successors and assigns, except as herein before set forth, and inure to the benefit of Grantee, its successors and assigns. TO HAVE AND TO HOLD the above-granted rights, privilege or authority unto said Grantee, its successors and assigns forever,to its and their own proper use and behoof. IN WITNESS WHEREOF, the Grantor has hereunto set or caused to be set its hand and seal this day and year first aforementioned. Signed, Sealed and Delivered in the Presence of: L.S. �.wN P` —Bruce S. Kelley L.S. hne, Pta,�ge.. y 11 /mz L.S. GAANfftE - TOWN OF S01fiH WINDSOR By: Town Manager Matthew B. Galligan VOL. 1 .96 2 PAGE 141 6 ACKNOWLEDGEMENTS STATE OF CONNECTICUT) _ ) ss. South Windsor � �� , 2008 COUNTY OF HARTFORD ) Personally appeared, Bruce S. Kelley, signer and sealer of the foregoing instrument and acknowledged the same to-be_h�s1free act and deed, before me. vj "g ?RYN KEUY PITRUTZEM1 r NOTARY PUBLIC otary Public '• ed': 4 -MMISSIONEOFESOCt.31,2b12 Qc-tZ) �► My Commission Expires: STATE OF CONNECTICUT) ) ss. South Windsor -�j Yu � 1,rj , 2008 COUNTY OF HARTFORD ) Personally appeared, Amy Kelley, signer and sealer of the foregoing instrument and acknowledged the same to be;his free.act and deed, before me. _KATtiAYN KEU.EY PMUZZE Nt3':tRY PUBLIC - > WCOMMISSIONEXPIPESOGT.31o2012 C � d otary Public My Commission Expires: bL*" 31l 'p-o I STATE OF CONNECTICUT) _ ) ss. South Windsor �`-e rctCL �"1 , 2008 COUNTY OF HARTFORD ) Personally appeared, MATTHEW B. GALLIGAN, being the duly authorized Town Manager of the Town of South Windsor, signer and sealer of the foregoing instrument, and acknowledged the same to be his free act and deed as such Town Manager, before me. /Notary Public My Commission Expires: t Approved by Town Engineer L. D JeffAyB. 00little, P.E. Date t VOL. 19 6 2 PAGE 14 2 Schedule A Lots 1 & 2 Metes &Bounds Description for - Conservation Easement Clark St. South Windsor,Connecticut Being a certain parcel of land in the Town of South Windsor, County of Hartford and State of Connecticut, on the west side of Clark Street depicted on a plan entitled: "Plot Plan Prepared for Bruce Kelley 617 Clark St. South Windsor Connecticut,on August 22, 2007 revised through January 3,2008 By:Design Professionals,Inc.",being more particularly bounded and described as follows: Beginning at a concrete monument at the southeast corner of land now or formerly Bruce S. Kelley, said monument being the northeast corner of the herein defined conservation easement, Thence S 50'21' 3 1"W through Lot 2, 137.71 feet to a concrete monument on the northeasterly property line of Lot 1; Thence N 87'02'20"W through Lot 1, 206.42 feet to a concrete monument; Thence N 65' 59' 47"W through Lot 1,201.61 feet to a concrete monument on the southerly property line of Parcel"B"; Thence S 76'38' 35"E along southerly property line of parcel"B", 154.37 feet to an iron rod at the southwesterly comer of Lot 2; Thence N 25° 17' 42"E along easterly property line of lot"B, 112.41 feet to an iron rod on the southerly property line of land now or formerly Bruce S.Kelley; Thence S 76'38' 35"E along southerly property line of land now or formerly Bruce S. Kelley, 306.42 feet,to the point and place of beginning. VOL. 19 6 2 RAGE 143 Schedule A Lot Nos. 1 & 4 Metes & Bounds Description for Conservation Easement-Clark St. South Windsor,Connecticut Being a certain parcel of land in the Town of South Windsor, County of Hartford and State of Connecticut, on the west side of Clark Street depicted on a plan entitled: "Plot Plan Prepared for Bruce Kelley 617 Clark St. South Windsor Connecticut,on August 22, 2007 revised through January 3,2008 By:Design Professionals,Inc.",being more particularly bounded and described as follows: Beginning at a concrete monument on the northwesterly right-of-way line of Clark Street, at the southeast corner of Lot 4 and the northeasterly corner of land now or formerly William H&Gloria J. Greider, Jr.; Thence N 34'32' 31"W along the northeasterly property line of land now or formerly William H. &Gloria J. Greider,Jr., 175.86 feet to a concrete monument; Thence S 720 42'58"E through lot 4, 77.50,feet to a concrete monument; Thence N 32'45' 48"E through lot 4, 148.16 feet to a concrete monument on the southerly property line of Lot 1; Thence S46° 19' 59"E along southerly property line of Lot 1, 15.41 feet a concrete monument; Thence N 48'23' 58"E through Lot 1, 30.10 feet to a concrete monument on the southwesterly property line of Lot 2; Thence S 36'52' 05"E along the southwesterly property line of Lot 2, 182.07 feet to a concrete monument on the northwesterly right-of-way line of Clark Street; Thence S 60' 50' 25" W along northwesterly right-of-way line of Clark Street, 226.00 feet,to the point and place of beginning. RECENED FOR RECORQ 2`1 a 7 "®S AT 2 '02 spm RECORD DM H��`-���CT G:Uobs\2423\Docs\Iegal descriptions\2423 consery metes 2 Irg013108adoc OWN Sfq I FY S � (��00 col Town o-P S-oadt ?And&)1t 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 sox.c0 TELEPHONE(860) 644-2511 October 25, 2007 CERTIFIED MAIL 7006 2760 0004 8510 9450 Bruce Kelly 1744 Ellington Road South Windsor CT 06074 Dear Mr. Bruce Kelley: Re: Appl 07-56P, Kelly Subdivision& Special Exception We are pleased to advise you that the Planning&Zoning Commission voted on 10/23/07,to approve with modifications application #07-56P, Kelley Subdivision and Special Exception on 9.7 +/- acres to create 3 lots to be known as Kelley Subdivision on property located on the westerly side of Clark Street (617 Clark Street), RR zone as shown on plans prepared by Design Professionals, project #2423 and dated 9/25/07, as revised. This approval is subject to the following modifications: 1. This approval is for 3 lots, numbered 1-3. Lots#1 and 2 are approved as an interior lot under the provisions of section 3.2.2. 2. Drainage and construction for this subdivision.is subject to the approval of the Town Engineer. 3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 4. Water shall be supplied to this subdivision by public water. 5. Street names and locations of fire hydrants are subject to the approval of the Fire Marshal of the Town of South Windsor. Street names and supporting posts shall be installed by the developer in conformance with the standards of the Town of South Windsor, at no expense to the Town. 6. A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured,with a combined single limit for bodily injury and/or property damage in the amount of$1,000,000. 7. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission. 8. Prior to commencement of any site work, a preconstruction meeting must be held with Town Staff. 9. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 10. All easements for conservation purposes, drainage or utilities,that may be required in connection with the approval of this subdivision,must be submitted on standard Town easement form where appropriate,to this Commission prior to filing the mylars and issuance of building permits.All deeds for open space,public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney. 11. Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" =40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains.No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer. 12. If, for any reason, finished grading and other individual lot site work is not completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work.This cash bond must be submitted prior to issuance of a Certificate of Occupancy. 13. Quantity estimates must be submitted to the Town Engineer(on the enclosed form) for the purpose of determining subdivision bonding. All bonds shall conform to the enclosed bond policy and.shall be posted prior to filing the final plans in the Town Clerk's office. 14. If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date,the Commission may, at its option, call the Letter it is holding. 15. A drainage assessment fee in the amount of$100.00 shall be submitted to this Commission. 16. The Town Engineer's review comments dated 10/22/07 must be addressed to the Town Engineer's satisfaction. 17.No building permits will be issued until all modifications have been complied with, and the final plans have been filed in the Town Clerk's office. 18. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 4.13.10 of the zoning regulations. 19. For lots 1 and 2,the approved location of the house, garage and driveway are an integral part of this special exception. Any modifications other than staff-approved minor modifications will require further approval from the Commission. 20. Evergreen plantings on Lot#2 must be preserved to provide for a screening between the two homes. 21. A quit claim deed must be submitted to establish the street line along the Clark Street frontage. Black and white transparent mylars of Sheets #3 with the above modifications, together with three blueprint copies of the entire set of plans must be submitted to this Commission within 30 days to be stamped and signed. The letters of approval of this Commission, as well as the Inland Wetlands Agency/Conservation Commission,must be reproduced on the mylars. After mylars have been signed by the Commission, they will be returned to you for filing in the Office of the Town Clerk by 2/9/07. After filing these plans, a copy of the receipt must be submitted to the Planning Department. The attached special exception form must be completed and filed in the Town Clerk's office. The special exception will take effect upon filing. Sincerely, Patrick Kennedy, Chairma Planning and Zoning Commission Enclosures cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Board of Education Registrars Attachments: Deed/easement policy Bonding policy Quantity Estimate Lighting policy 1. 1, Patrick Kennedy, Chairman of the South Windsor Planning & Zoning Commission, hereby certify that on 10/23/07, the Planning and Zoning Commission granted to Bruce Kelly; a Special Exception to Article 3.2.2 of the Zoning Regulations to allow a subdivision to create 2 interior lots on the westerly side of 617 Clark Street, RR zone, as shown on plans prepared by Design Professionals Project No. 2423. Assessor's Map and Parcel Number: Map#37 Parcel 1 More particularly bounded and described as follows: TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREEnNGf KNOW YE,That 1, BRUCE S. KELLEY of the Town of South Windsor , in the County of Hartford and State of Connecticut, for the consideration of ONE DOLLAR 41.001 and other good and valuable consider• allons, received to my fun satisfaction of AMY B. KELLEY of sold Town,.do remise,release and forever QUIT CLAIM unto the said fBE and myself,the said , as Grantees,and to the survivor of us,and the heirs and assigns of such survirvor forever,an the right,floe,interest,claim and demand whatsoever as i the said Grantor have or ought to have in or to an that certain piece or parcel of land situated on Clark Street in the Town of South Windsor, County of Hartford and State of Connecticut, bounded and described as follows: NORTHERLY By land now or formerly of Joseph V. and MaYy L. Ficca; EASTERLY, By Clark Street; SOUTHERLY By land now or formerly of Anthony Kupchunos; and WESTERLY By land now or formerly of Sherwood Waldron; Containing nine (9) acres, more or less. f 'Being the same premises conveyed to the Cranto Kelley dated December 18, 1987 and recorded in Volumh 511, Page 80 of the South EWindsor Land Records. OWNER OF RECORD: Bruce Kelley Dated at South Windsor, Connecticut this day of VG hPV , 200 In accordance with CGS Section 8-3d Chairman 67 Planning&Zoning Commission Received for record this day of , 20C , at South Windsor, Connecticut ATTEST: UU �U 1P. , 10 N Sf4 O C Town O-P SotzA ?d&U&Ot y � w` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 f�OSOR-Co TELEPHONE (860) 644-2511 November 28, 2007 Bruce Kelly 1744 ellington Road South Winsor CT 06074 . Dear Mr. Kelly: Re: Preconstruction Meeting Appl 07-56P, Kelly Subdivision {12/28/07} IN ATTENDANCE Bernie Drabeck TOSW 1574 Sullivan Avenue 644-2511 x241 Jeff Doolittle TOSW 1574 Sullivan Avenue 644-2511 x245 Michele Lipe TOSW 1574 Sullivan Avenue 644-2511 x245 Bruce Kelly RSK 1744.Ellington Road 982-6130 Victor Serrambana VMS Construction 162 Lake Street 214-7702 The following is a brief summary of points discussed during the meeting: Erosion and Sedimentation Control 1. All erosion and sedimentation control measures are to be in place prior to earth moving operations in each area and maintained/cleaned out during construction. Call Jeffrey Folger, Environmental Planner for inspection when measures are in place, prior to commencement of .site work or if any problems/concerns arise during construction. 2. All topsoil stockpile areas to be protected(ringed with haybales or equal). 3. During construction a crushed stone tracking pad may need to be installed and maintained to minimize tracking of dirt/gravel on to Clark Street Calcium chloride or water is to be used for dust control as required. Public Works 1. Three complete sets of approved/revised plans to be provided to Town prior to start of construction. They will be stamped by the Planning Department along with plans developer needs. Only approved plans are to be used on the job site. i 2. The Engineering Department is to be notified forty-eight (48) hours prior to the start of major construction work with inspections and testing per Developers Checklist for the following: a. After site is staked out b. All drainage work c. Preparation of subgrade, compaction tests as per Developer's checklist d. Preparation of subbase, six (6) inch lifts e. Placement of bituminous concrete, two (2) inch layers maximum 3. A drain layers permit is needed for installation of the common sewer laterals 4. A steel permit is needed for utility work in the road and the driveway. 5. Certification of all products used -- storm pipe, structures, pavement, oil/grit separator and sewer grinder pump system shall be presented to the Town Engineer prior to installation. 6. Applicant/developer should be aware that the inspection of the infrastructure improvements may result in the replacement of structure tops and/or structures prior to final paving if found to be deficient. 7. No subgrade formation/base in frozen ground/snow. Same for pipe/structure installation. 8. Progress As Built Plans are to be submitted to the Town Engineer for approval prior to paving and after subgrade formation. 9. As built plans are to include horizontal and vertical location of all underdrains, footing drains, and sanitary sewers and house service laterals located as per revised as-built checklist. 10. All pipe and structures to be backfilled with free draining material compacted in maximum one foot lifts with approved compaction equipment or approved equal if deep trench is encountered. Any pipe or structure work requires inspection prior to backfilling. 11. Any problems and/or questions regarding construction of this project will be directed to ( ) in the field at phone Bruce Kelly 982-6130. 12. All filling to be done in accordance with Department of Transportation specifications. To be compacted in maximum lifts and tested as necessary. 13. Job meetings will be held as needed, and can be called by the developer or Town. 14. Seventy-two (72)hours' notice needed for certificate of occupancy inspection. 15. Any proposed changes are to be presented to the Engineering or Planning Department prior to implementation on change order form in quadruplicate with 4 copies of the drawing. Town will attempt to turn around within 24 hours. 16.Normal hours of operation 7:00 a.m.—5:00 p.m.,no work on Sunday. 17. Sanitary lateral locations should be tied down to existing structures and shown on the progress as built. 18. During construction of individual sanitary sewer house laterals, the contractor shall prepare an as- built sketch on standard form provided by the Engineering Department. This form should be submitted to the design engineer/surveyor for their use in preparing the as-built plan. Engineering Department suggests that the contractor also show locations of foundation drains and water laterals on this form 19. During construction for individual house lots,lot to lot drainage must be addressed with drainage swales as necessary. For lawn establishment,town staff will be requiring erosion control measures to be installed prior to the issue of the certificate of occupancy to ensure soil stabilization. A detailed erosion control plan must be implemented and depicted on the plot plan for review prior to the issuance of the building permit-most particularly on lots with extensive grading. Planning Department 1. Landscaping is to be installed in accordance with the approved landscaping plan. If there are changes required, contact the Planning Dept. Additional landscaping installed on one part of a site will not preclude planting all of the remaining items shown on the landscaping plan. 2. All easements must be submitted for review including conservation easements prior to filing of mylars. 3. Drainage Assessment fee of$150. SNET/NU 1. Contact utilities for coordination of utilities connection. Fire Marshal 1. Blasting(if required)to be coordinated with the Fire Marshal. Police Services 1. Emergency phone numbers for the duration of the construction must be provided to Police Services on a company letterhead. If the developer occupies or owns the building after construction emergency numbers must be provided to Police Services. 2. All buildings located on property that abuts a public highway must be numbered and visible from the street. All numbering shall comply with Town Ordinance 6-800 through 6-802. F 3. Barns, garages, and outbuildings,which are located on the same premises as a numbered structure, are excluded. 4. Erect temporary sign on the site during construction identifying the project. 5. If an alarm is to be installed contact Police Services. Building Department 1. Plan review with Building Official/Fire Marshal required prior to application for building permit. Coordinate with Chief Building Official. Sincerely, Michele R. Lipe,AICP Assistant Director of Planning MRL/ma cc: Jeffrey Doolittle,Town Engineer Bernie Drabek, Engineering Inspector Karl Reichle, Public Works Christopher Dougan, Chief Building Official Fred Shaw, Superintendent of Pollution Control Walter Summers, Fire Marshal CL&P SBC/SNET Cox Cable