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Dairy Queen 12-47P
TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION APPLICATION FORM RECEIVED Application No: PP Receipt No: 020 1 a O i57/ SOUTH MND60R PWM Mn Robert W. Larkin&Gary G. Somerset APPLICANT: 24 Queenspeak Canton, CT 06019 PROJECT NAME: Dairy Queen ADDRESS: 845 Sullivan Avenue OWNER OF RECORD ON LAND RECORDS: Stowe Properties,LLC Town of South Windsor 149 King Street 1540 Sullivan Avenue ADDRESS: Fast Hartford T 06108 South Windsor CT 06074 COMPLETE LOCATION OF PROPERTY: East of West Road, South of Sullivan Avenue 99 2 ASSESSOR'S MAP # 100 PARCEL#4�_ ZONE GC—General Commercial NAME, ADDRESS, TEL& FAX #OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Peter R. DeMallie, Design Professionals, Inc. 425 Sullivan Avenue South Windsor CT 06074 (860)291-8755-phone (860)291-8757-fax Estimated presentation time: 30 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) ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Approval ❑ Special Exception to Article (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) Site Plan Modification An Application Pending sign is required to be posted on the property for all applications tea (10) days prior to being heard by the Commission. PA. r,?- - Signa u of i t Signature of Property Owner ! � 1WUf47/k/i419' October 23,2012 To Whom it May Concern, We hereby authorize Peter R. DeMal lie of Design Professionals, Inc.to sign on our behalf for any land use applications to the Town of South Windsor for the property located at 845 Sullivan Avenue. Gary So .erset - Bob Larkin 177 Rosewood Lane Berlin,CT 06037 U012412MAIa p 1 10/23/2012 Peter DeMaille Design Professionals, Inc. PO Box 1167 425 Sullivan Avenue ---- ----------— autnVindsaz CT-06-074----- --------------------------- This letter authorizes Peter DeMaille of Design Professionals,Inc.to act as agent for me as the property owner in any land use applications for 845 Sullivan Avenue in South Windsor. Karen Roy, for, towe Properties, LLC 149 King Street East Hartford, CT 06108 (860)289-7785 - P.O.BOX 1167 425 SULLIVAN AVENUE SOUTH WINDSOR,CT 06074 PHONE:860.291.8755 • 1�i�� th AnnivArcani A$6—'��'L� FAX:860.291.8757 ro essiona sinc.com CIVIL & TRAFFIC ENGINEERS/ PLANNERS/SURVEYORS /GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut, Massachusetts, *Rhode Island • LETTER OF TRANSMITTAL To: Michele Lipe Date: 11/21/2012 DPI Project No. 2035.D Town Planner Re: Dairy Queen Grill&Chill Town of South Windsor Site Plan Modification Application 1540 Sullivan Ave South Windsor,CT 06074 WE ARE SENDING YOU: ® Attached ❑ Under separate cover via the following items: ❑ Shop Drawings ❑ Prints ❑ Renderings ❑ Specifications ❑ Copy of Letter ❑ Change Order ❑ • COPIES DATE NO. DESCRIPTION 5 11/20/12 sets of plans. P 2 W 1 PZC application 2 hydrodynamic separator report 2 site plan checklist 1 property owner authorization letter 1 applicant authorization letter • These are transmitted as checked below: ® ForApproval ❑ No exceptions taken ❑ Resubmit copies for approval ❑ For your use ❑ Make corrections ❑ Submit copies for distribution ❑ As requested ❑ Revise and Submit ❑ Return corrected prints ❑ For review and comment ❑ Forbids due ❑ Prints returned after loan to us REMARKS: : : RECEIVED NOV 21 2012 • SOUTH WINM PlANMNG XPT. SIGNED: y � CC: Benjami P.Wheeler,RLA,Director of Operations Stormceptor® Stormceptor Sizing Detailed Report PCSWMM for Stormceptor Project Information Date 11/16/2012 Project Name Dairy Queen Project Number 2035.D Location Sullivan Avenue South Windsor Stormwater Quality Objective This report outlines how Stormceptor System can achieve a defined water quality objective through the removal of total suspended solids(TSS). Attached to this report is the Stormceptor Sizing Summary. Stormceptor System Recommendation The Stormceptor System model STC 900 achieves the water quality objective removing 85%TSS for a Fine(organics,silts and sand)particle size distribution. The Stormceptor System The Stormceptor oil and sediment separator is sized to treat stormwater runoff by removing pollutants through gravity separation and flotation. Stormceptor's patented design generates positive TSS removal for all rainfall events,including large storms.Significant levels of pollutants such as heavy metals,free oils and nutrients are prevented from entering natural water resources and the re-suspension of previously captured sediment(scour)does not occur. Stormceptor provides a high level of TSS removal for small frequent storm events that represent the majority of annual rainfall volume and pollutant load. Positive treatment continues for large infrequent events,however,such events have little impact on the average annual TSS removal as they represent a small percentage of the total runoff volume and pollutant load. Stormceptor is the only oil and sediment separator on the market sized to remove TSS for a wide range of particle sizes, including fine sediments (clays and silts),that are often overlooked in the design of other stormwater treatment devices. 1 W LS"" Stormceptor® Small storms dominate hydrologic activity, US EPA reports "Early efforts in stormwater management focused on flood events ranging from the 2 yr to the 900 yr storm. Increasingly stormwater professionals have come to realize that small storms(i.e. < 1 in. rainfall) dominate watershed hydrologic parameters typically associated with water quality management issues and BMP design. These small storms --- ---- - are responsible for most annual urban runoffand gfoundmater recharge-Likewise with - the exception of eroded sediment, they are responsible for most pollutant washoff from urban surfaces. Therefore,the small storms are of most concern for the stormwater management objectives of ground water recharge, water quality resource protection and thermal impacts control." "Most rainfall events are much smaller than design storms used for urban drainage models. In any given area, most frequently recurrent rainfall events are small(less than 1 in. of daily rainfall)." "Continuous simulation offers possibilities for designing and managing BMPs on an individual site-by-site basis that are not provided by other widely used simpler analysis methods. Therefore its application and use should be encouraged." -US EPA Stormwater Best Management Practice Design Guide,Volume 1-General Considerations,2004 Design Methodology Each Stormceptor system is sized using PCSWMM for Stormceptor, a continuous simulation model based on US EPA SWMM.The program calculates hydrology from up-to-date local historical rainfall data and specified site parameters.With US EPA SWMM's precision,every Stormceptor unit is designed to achieve a defined water quality objective. The TSS removal data presented follows US EPA guidelines to reduce the average annual TSS load. Stormceptor's unit process for TSS removal is settling. The settling model calculates TSS removal by analyzing (summary of analysis presented in Appendix 2): • Site parameters • Continuous historical rainfall, including duration, distribution, peaks(Figure 1) • Interevent periods • Particle size distribution • Particle settling velocities(Stokes Law, corrected for drag) • TSS load (Figure 2) • Detention time of the system The Stormceptor System maintains continuous positive TSS removal for all influent flow rates. Figure 3 _._illListrates t-Ie-c9ntinuous-treatment by_Stormceptor-through-out the full_range_of-storm-P-vents_analyzed__It is clear that large events do not significantly impact the average annual TSS removal. There is no decline in cumulative TSS removal, indicating scour does not occur as the flow rate increases. 2 RiE&ex MATERIALS" �� Stormceptor® 25 ._----------'-------......_.._. �20 ..------------------------_----- o_ 0) O15 _ .____.__._._..._....____.__...._.__._-..__.___.__....__-_....__.._.__......_-_-------_---__-__......_..__------------- Of10 - ------------"---------------------'---..._.. 5 - 0 o O O + + NNN pNq� fv P pp (n pi A P v Oo V W W N W J (p V N fly A Flow(cfs) Figure 1. Runoff Volume by Flow Rate for HARTFORD WSO AIRPORT—CT 3456, 1954 to 2005 for 1.15 ac 72%impervious.Small frequent storm m events represent the majority of annual rainfall vol ume. Large infrequent events have little impact on the average annual TSS removal,as they represent a small percentage of the total annual volume of runoff. 70 ---------------------------------------------------..-------------------------- ----------------------------------------------- ----------------------------------------------------------------------- 50 --------------------•--------'----------'------------------------------------------------------'--------------'----------------"---- 0 V50 _.__._....___._..._...___-_._.__._.......__.._.___._.__.._____..__.___._.._.._......__.__._._._._..___.______-_.__.___..._._...__._.__.----------__.-.._.-._--.._._---- J 7 1540- a 30- ....-------------..__._-----------------------------------------------------------.._......._--------.._-------_......._......_---_---_---------------------------. N f- - 0)20_ -._._..._....___._................_._.._._____.. ......._..__.._.___...,.__-----._....._....__._-_,_. _ J ■ 10 ...- '-------__......--__-.-..___...............-.-----------------.---------_------ 0 - + Flow(cfs) Figure 2. Long Term Pollutant Load by Flow Rate for HARTFORD WSO AIRPORT—3456, 1954 to 2005 for 1.13 ac, 72%impervious.The majority of the annual pollutant load is transported by small 3 MATERIALS"" VL- Stormceptor* frequent storm events. Conversely, large infrequent events can an insignificant annual pollutant load. 100 90 ------------------— 0 0 80 ---------- ----------...._--------__...---------------------------------------- ------ U 70 - -- - -- -- - ----- -- -- ----- ----------------------- ----- ------ F- m 60 -..._-- ----- --- --- -- -... -- 0 m y40 ---- - -- -...-- ------- --- --- -- - --- ---------- - ...- ._.....---... _.. F > 30 ------------------------------------------------------ m 2 20L 10 0 0.0 0.5 1.0 1.5 2.0 2.5 3.0 3.5 Flow(cfs) Stormceptor Model STC 900 Drainage Area(ac) 1.15 TSS Removal(%) 85 Impervious(%) 72 Figure 3. Cumulative TSS Removal by Flow Rate for HARTFORD WSO AIRPORT—3456, 1954 to 2005.Stormceptor continuously removes TSS throughout the full range of storm events analyzed. Note that large events do not significantly impact the average annual TSS removal. Therefore no decline in cumulative TSS removal indicates scour does not occur as the flow rate increases. 4 N NAMAAT_ERMJWIA Stormceptor® Appendix 1 Stormceptor Design Summary Project Information Rainfall Date 11/16/2012 Name HARTFORD WSO AIRPORT Project Name Dairy Queen -- --- State -CT- ---Project Number----- 2035:D---— -- - --- _ - - ----- ------ - - Location Sullivan Avenue South Windsor ID 3456 Designer Information Years of Records 1954 to 2005 Company DPI Latitude 41°56'17"N Contact Andrew Krar Longitude 72°40'57"W Notes Water Quality Objective E Stormceptor unit for water quality improvements TSS Removal(%) 80 Drainage Area Upstream Storage Total Area(ac) 1.15 Storage Discharge Imperviousness(%) 172 (ac-ft) (cfs) 0 0 The Stormceptor System model STC 900 achieves the water quality objective removing 85%TSS for a Fine (organics,silts and sand)particle size distribution. Stormceptor Sizing Summary Stormceptor Model TSS Removal STC 450i 78 STC lns�a II •00 85 - - -- STC 1200-- STC 1800 86 � STC 2400 89 STC 3600 89 STC 4800 92 STC 6000 92 - STC-7200---- - - ---93------- - - STC 11000 95 STC 13000 95 STC 16000 - 96 - 5 MATERIALS- LI-1- Stormceptor® Particle Size Distribution Removing silt particles from runoff ensures that the majority of the pollutants,such as hydrocarbons and heavy metals that adhere to fine particles,are not discharged into our natural water courses. The table below lists the particle size distribution used to definethe annual TSS removal.- -_ -- - - --- -- - - - -- - - - - -- - - - Fine or anics,silts and sand Particle Size Distribution Specific Settling Particle Size Distribution Specific Settling Gravity Velocity Gravity Velocity m % ft/s Pm % ft/s 20 20 1.3 0.0013 60 20 1.8 0.0051 150 20 2.2 0.0354 400 20 2.65 0.2123 2000 20 2.65 0.9417 Stormceptor Design Notes • Stormceptor performance estimates are based on simulations using PCSWMM for Stormceptor. • Design estimates listed are only representative of specific project requirements based on total suspended solids(TSS)removal. • Only the STC 450i is adaptable to function with a catch basin inlet and/or inline pipes. • Only the Stormceptor models STC 450i to STC 7200 may accommodate multiple inlet pipes. • Inlet and outlet invert elevation differences are as follows: Inlet and Outlet Pipe Invert Elevations Differences Inlet Pipe Configuration STC 450i STC 900 to STC STC 11000 to 7200 STC 16000 Single inlet pipe 3 in. 1 in. 3 in. Multiple inlet pipes 3 in. 3 in. Only one inlet pipe. • Design estimates are based on stable site conditions only,after construction is completed. • Design estimates assume that the storm drain is not submerged during zero flows. For submerged applications,please contact your local Stormceptor representative. • Design estimates may be modified for specific spills controls. Please contact your local Stormceptor representative for further assistance. • For pricing inquiries or assistance,please contact Rinker Materials 1 (800)909-7763 www.rinkerstormceptor.com 6 NMATERIAW Stormoeptore Appendix 2 Summary of Design Assumptions SITE DETAILS Site Drainage Area I.Total Area(ac) 1.15 Imperviousness(%) 72 Surface Characteristics Infiltration Parameters Width(ft) 448 Horton's equation is used to estimate infiltration Slope(%) 2 Max.Infiltration Rate(in/hr) 2.44 Impervious Depression Storage(in.) 0.02 Min.Infiltration Rate(in/hr) 0.4 Pervious Depression Storage(in.) 0.2 Decay Rate(s-1) 0.00055 Impervious Manning's n 0.015 Regeneration Rate(s-1) 0.01 Pervious Manning's n 0.25 Evaporation Maintenance Frequency Daily Evaporation Rate(inches/day) 0.1 Sediment build-up reduces the storage volume for sedimentation. Frequency of maintenance is Dry Weather Flow assumed for TSS removal calculations. Maintenance Frequency(months) 12 Dry Weather Flow(cfs) No Upstream Attenuation Stage-storage and stage-discharge relationship used to model attenuation upstream of the Stormceptor System is identified in the table below. Storage Discharge ac-ft cfs 0 0 7 N MATERIALS"" Stormceptore DISTRIBUTIONPARTICLE SIZE 7 ticle Size Distribution Removing fine particles from runoff ensures the majority of pollutants,such as heavy metals,hydrocarbons,free oils nd nutrients are not discharged into natural water resources. The table below identifies the particle size distribution elected to define TSS removal for the design of the Stormceptor System. Fine or anics,silts and sand __ Specific- Settling _ _ Specific Settling Particle Size Distribution Particle Size Distribution Gravity Velocity Gravity Velocity m % ft/s Wm % ft/s 20 20 1.3 0.0013 60 20 1.8 0.0051 150 20 2.2 0.0354 400 20 2.65 0.2123 2000 20 2.65 0.9417 PCSWMM for Stormceptor Grain Size Distributions 100 -_ 90 g0 - _ 70 60 CLAY—� SILT SAN GOBBLES.` 50 • 40 - -- - -- -- - 30 - ------ -��-.__. - - -- --_ 20 - 10 100 1 10 100 1000 10000 Grain Size(um) tNJDEP ---Fine Distribution -*-QK-110 -A-F-95-Sand -*-Coarse Distribution Figure 1.PCSWMM for Stonmceptor standard design grain size distributions. 8 0 NMATERWIA R-- Stormceptore TSS LOADING TSS Loading Parameters TSS Loading Function Buildup/Washoff Parameters Target Event Mean Concentration 125 (EMC)(mg/L) Exponential Buildup Power 0.4 Exponential Washoff Exponential 0.2 HYDROLOGY ANALYSIS PCSWMM for Stormceptor calculates annual hydrology with the US EPA SWMM and local continuous historical rainfall data. Performance calculations of the Stormceptor System are based on the average annual removal of TSS for the selected site parameters. The Stormceptor System is engineered to capture fine particles(silts and sands)by focusing on average annual runoff volume ensuring positive removal efficiency is maintained during all rainfall events,while preventing the opportunity for negative removal efficiency(scour). Smaller recurring storms account for the majority of rainfall events and average annual runoff volume,as observed in the historical rainfall data analyses presented in this section. Rainfall Station Rainfall Station HARTFORD WSO AIRPORT Rainfall File Name CT3456.NDC Total Number of Events 8277 Latitude 41°56'17"N Total Rainfall(in.) 2282.5 Longitude 72040'57"W Average Annual Rainfall(in.) 43.9 Elevation (ft) Total Evaporation (in.) 153.6 Rainfall Period of Record (y) 52 Total Infiltration (in.) 627.4 Total Rainfall Period (y) 52 Percentage of Rainfall that is Runoff(%) 68.2 9 MATERIALS'" Mz- Stormceptoro Rainfall_Fyant Analvsic Rainfall Depth No.of Events Percentage of Total Volume Percentage of Total Events Annual Volume in. % in. % 0.25 5948 71.9 383 16.8 0.50 933 11.3 343 15.0 0.75 514 6.2 318 13.9 1.00 284 3.4 244 10.7 1.25 197 2.4 222 9.7 -. - ---- - --- ---1.50 -_ _._. _ 146 - -- --- ---... . --1.8 _._ .. 200 _... -8.8. - - -. 1.75 87 1.1 140 6.1 2.00 47 0.6 88 3.9 2.25 37 0.4 79 3.5 2.50 22 0.3 53 2.3 2.75 14 0.2 37 1.6 3.00 17 0.2 49 2.2 3.25 13 0.2 40 1.8 3.50 6 0.1 20 0.9 3.75 2 0.0 7 0.3 4.00 1 0.0 4 0.2 4.25 2 0.0 8 0.4 4.50 1 0.0 4 0.2 4.75 1 0.0 5 0.2 5.00 0 0.0 0 - 0.0 5.25 1 0.0 5 0.2 5.50 1 0.0 5 0.2 5.75 0 0.0 - 0 0.0 6.00 1 0.0 6 0.3 6.25 0 0.0 0 0.0 6.50 0 0.0 0 0.0 6.75 0 0.0 0 0.0 7.00 0 0.0 0 0.0 7.25 0 0.0 0 0.0 7.50 1 0.0 7 0.3 7.75 0 0.0 0 0.0 8.00 0 0.0 0 0.0 8.25 0 0.0 0 0.0 >8.25 1 1 0.0 14 0.6 100 Frequency of Occurence by Rainfall Depths 90 80 ------------- - -------- ------ --------------- --- -------- ----- ---- -- 70 ----'--'--------'-------'-------------...----....------- c 80 -'-- -._...----------------------------------.------------ ----- 0 50 ...__._......._.__._----------------------------------_...-..._._-.._.-._.-_..._..-----------------_....._._._. O C40 -----------------`--------------- F-IGUUL:I.IL:v UI UUUUIFaIIL:C UV Mill Mill LJUULIlb 30 ----_----------------------._._.-_.._.___.___.__...------..__-_---------------------.___._._.-._.__..._-._._.__.__............ Li 20 0 (�li Rainfall Depth(in.) 10 ]*WTEk Stormceptor® Pollutograph Flow Rate Cumulative Mass cfs % 0.035 67.7 0.141 83.9 ..9.318 _ _91.8 0.565 96.3 0.883 98.3 1.271 99.2 1.73 99.6 2.26 99.8 2.86 99.9 3.531 100.0 4.273 100.0 5.085 100.0 5.968 100.0 6.922 100.0 7.946 100.0 9.041 100.0 10.206 100.0 11.442 100.0 12.749 100.0 14.126 100.0 15.574 100.0 17.092 100.0 18.681 100.0 20.341 100.0 22.072 100.0 23.873 100.0 25.744 100.0 27.687 100.0 29.7 100.0 31.783 100.0 Cumulative Mass Transported by Flow Rate 100 For area:1.15(ac),imperviousness:72%,rainfall station:HARTFORD WSO AIRPORT 90 --...- - ------------------ ----------... - - --....-- -- 80 ---------....------------------------ -- --- --- -- ------- ------ -- --- 0 70 -- --------------------------- -- -.....--...- ----- -.....-- - - - - -- ---- ---------------- 1= g60 - --- - - - ... - - - -- - - -- c m 50 --- --_._- --- - - -- - ----- -- - ..... --- -- -- -------- ----- - - - �, t0 30 do20 ..------.._-----...--------......_.-----..._._------....._.._------._-------------- 10 .._.__------._:-----------------_--------._-----__.-....._..-_..-------............._.....--...._-------------------..-------- 0i I Y41I I I Y11,C,ry15,�a PrlauYi 4�y NY FSUVV,-t M 0.0 0.2 0.4 0.6 0.8 1.0 12 1.4 1.6 1.8 2.0 2.2 Flow(cfs) 11 NAMAATERIALSTM TOWN OF SOUTH WINDSOR CHECKLIST REQUIRED INFORMATION SITE PLANS APPLICANT p JLA W o fit`zk� 9- 6-o-ul tr - S,),.r S tl PROJECT NAME (A; This checklist must be signed by plan preparer(P.E./L.S.) declaring that all required information is provided. Items 1-7 are required for all applications;items 8-11 required where-appropr�ia e,-__ - _-____ Check mark for each item supplied 1. On each sheet for plans or maps,title block with the following information: a. Name, address and telephone of applicant. J. b. Name, address and telephone number of Land Surveyor or Professional / Engineer. y c. Name of Development. J. d. Date when drawings were made. J 2. Key Map: An overall map drawn to a scale of 1 inch equals either 100 feet or 200 feet. This map will show the overall design of the Development and surrounding property within 500 feet. a. Data block which gives needed zoning information such as percentage of lot coverage, acreage of tract, number of apartment units, parking / requirements, etc. b. Outline of buildings. - _ AIA _ _ c.- Layout of streets. - ✓ d. Surrounding property boundaries-within 500 feet. e. Names of abuttingproperty/ P pertY owners. / f. Proposed open spaces and-re--cre ation areas. g. Driveway cuts on abutting properties and any properties across from --- ---_ ---_proposed site.Distance- _-- h.-- - f-n___ .--- -- -— -------- - --- to and-name-o Barest intersection-street. ---------- - - - __----_--_ 3. Architectural Elevations: See attached checklist for Architecture and Design Review. i / 4. Plot Plan: A layout map of the proposed site drawn to a scale of 1 inch equals 40 eet on either of the following size sheets: (1) 24"x 36"with a 3/4" ruled margin; (2) 18"x 24"with a 1/2" ruled margin, containing the following data: a. Distance and bearings of all boundary lines and acreage of site. Iron pins / required at all property angle points and shown on map. b. Pro sed streets and street lines with center line station curve-data,-and parking spaces. ` c. Building lines in accordance with zoning regulations. d. Proposed buildings and other structures, including signs, outside lighting, and dumpsters (on concrete pad and screened). e. Easements, noting grantors, grantees, and must be shown in purpose table format, e.g. below Grantor Grantee Type of Date Filed Vol/Pg Easement z�/ f. Names of abutting property owners. ✓ g. Monuments will be indicated at corners and angles of all streets and at all points of curvature and tangency. The monumented points within proposed site shall be coordinated. These coordinates shall appear in tabular form on the plot plan. The accessibility of these CGS points shall j be determined by the Town Engineer. ✓/ h. All open space or other common or public land uses shall be indicated. _ - i.--A-2-certification;- P.E./L.S. Seal. - - - - - - --- - - - 5. Topographic Map: A map drawn to a scale of 1 inch to 40 feet on sheets not exceeding 24 inches by 36 inches, including ruled margins shall in addition to the requirements of the plot plans show the following: / a. All existing and proposed buildings. b. Curb Lines and pavement width, sidewalks. ---- - — '� c. Existing and proposed sanitary sewers. _— —-- -- --------- _ - d. Existing and proposed water and-all existing utilities. 2 e. Present wooded area indicated by foliage lines. Any trees to be saved should be shown. f. Existing and proposed contours shall be shown in not less than two-foot intervals, but in cases of relatively level land, the contours shall be one- foot intervals and spot elevations. g . Regulated wetlands and 100-year floodplain or note that none are present. _ h. Proposed storm drainage system, showing-all catch basins, endwalis, manholes, lengths and sizes of pipes and elevations of structures. (Maximum distance between catch basins shall be 300 feet and minimum size of storm drain lines shall be 15 inches,within Town ROW.) If plan/profile sheet is provided all of this does not need to be shown. Only top of frame elevations and inverts of open discharge pipe shall be shown on this plan. i. Connections of all springs into proposed storm drainage system as / needed. j. Location and indications of existing brook channels, and 100-year flood / limits. k. A-2 &T-2 Certification; P.E&L.S. Seals. 6. Landscaping plan � 7. Drainage calcuiatio s: - Zero Runoff Increase per attached guidelines. 8. Traffic Report Aff� 9. Site Lighting Plan 10.-Plans and Profiles:A plan and profile of the proposed streets drawn on plan/profile paper of scales 1 inch to 40 feet horizontally, and 1 inch to 4 feet vertically on sheets not exceeding 24 inches by 36 inches, including ruled margins and containing the following: a. Layout of streets in sections coordinated by stations with the profile. b. Street plan showing roadways, drainage, sanitary sewer (including house sewer), foundation drains, lot lines, buildings including all utilities with --- — -- elevations-(to"ameancrinveTts),—s-iz—e—type, ren�g h, s peo s o pi sep ---- - c. Sight line atdriveway&street intersections. 3 d. Profile of roadway showing existing and finished grades. Roadway profile will show all tangent grade and all vertical curve information. e. Profile will show all catch basins and all drainage lines between catch basins with all invert and top of frame elevations, sizes, lengths and slopes of pipes. f. Where any storm drainage line discharges into an existing brook sufficient profile of this brook will be shown to determine conditions. g. CGS datum shall be used on all sites accessible to these controls. The Town-Engineer shall;based on standard engineering practices, determine the accessibility of these controls. h. Profiles shall show all sanitary sewer lines and manholes, including elevations, (inverts, top of frame) sizes, lengths, and slopes of pipes. Top of foundation elevations for building shall be shown. 11. Open Space Site Improvement Plans: For sites which require or include a provision for open spaces, a plan which contains data for site improvement may be required. This map shall be drawn to a scale of 1 inch equals 40 q feet. (N 12. Sanitary Report: Where individual sanitary sewage disposal systems are proposed, the final plans shall include a Sanitary Report certified by a Professional Engineer. The report shall demonstrate the feasibility of the proposed individual systems. f 2' �2 PLAN PREPARER(P.E./L.S.) DATE February 2002; Rev. 4-04 4 CPRIA Rev.7195 PERMIT NUMBER 29 STATE OFCONNECTICUT 0 ( v DEPARTMENT OF CONSUMER PROTECTION REAL ESTATE&PROFESSIONALTRADESDIVISION.' . 7 165 Capitol Avenue,Hartford,Connecticut 06106 LOCATION OF WELL ttam! " fSHa9 (tativrnnber) DATE i South Windsor 845 Sullivan Ave 5/100 OWNER OFWELL o er enco INDIVIDUAL- BUILDER OTHER(Spedfy) 'Adventure Sports ' OYMER'S ADDRESS 845 Sullivan Ave. ,South Windsor,CT Est No.of PROPOSED DOMESTIC ESTABLISHMENT FARM �� /„ P�le b* USE OF ESTABLISHMENT M`r WELL puem • r�/ a d. SUPPLY a INDUSTRIAL AIR CONDITIONING © Spa SKETCH OF WELL LOCATION Locate well with respect to at feast two roads,aho distance from intersection and front of lot location of lot to at least two roads •Well location on to and to house E ) 1107 C9 J;, Irxficate North /f. Al-f rye s - n Approximate number of feet from well to nearest source of possible contamination: �U The undersigned•is•Swam that-upon completion of the well,a"Well Completion Report'containing construction details and Wormadion-requUed under Section 25-131 of the 1969 Supplement to the General-Statutes must be-sent to the owner,the Department cf Consumer Protection and the Water Resources Commission on the form provided by the agency. This permit is not valid until all-information i's•filfed in and-it has been counter-signed by Me Director of Health or his unt. APP I F( ' lure) aUtiowanec APPLICANT'S ADDRESS .O w a u e C e r n g REGISTRATION NO. •""'- 980ldWmtcRd,POBox142,Columbi#,CT WCC-66 BY(Town HeattlrOAlwor ft&V DATE LT �PRROVEO ❑ REJECTED REMARKS RETURN THIS COPY TO DEPARTMENT OF CONSUMER PROTECTION ctf-j Rev.P5 Do NOT Till in STATE OF CONNECTICUT STATE WELL NO. DEPARTMENTOF CONSUMER PROTECTION REAL ESTATE&PROFESSIONAL TRADES DIVISION OTHER NO. WELL DRILLING COMPLETION REPORT ' • 161C Cf niFwi♦w�..�Y.wf�_J e._____..___ OWNER NA AD s Adventure.5 arts "Je c 845 Sullivan Ave LOCATION Vft a UssU (ra�4 ILe►nw�esq OF WELL 845 Sullivan Ave. South Windsor LjDOMESTIC BUSINESS FARMPROPOSED I ESTABLISHMENT 0 WELL c USE WELL ❑ PUBLIC Q MUSTRIAL ❑ AIR OTHER JV(ap�tMw�'iw� SUPPLY CO D(DO(WNQ mpsma® i r-,rt rl0.Ae h DRILLING ❑ ROTARY ® COMOMM N a CABLE OTHER EQUIPMENT PERCUSSION ❑ (SP-94 CASING NGT OW) DIA NE ( ) N DETAILS 13O F t. 6-inch 17 Lb. ® THRFauED❑wFLDED k]CvEs ❑Na ZC YES O No YIELD TEST BAILED Q PUMPED COMPRESSED AIR HOURS YMLD ) 4 15GPM WATER MEASURE FROM LAND SURFACE-STATIC( foal) I DURINGYIELD TEST(h.l) D.ph Wrll im t.E14m I 2Ft. above ground 300Ft. 320Ft. MAW LENGTHOPE TOAOIAPERpaet) SCREEN DETAILS SLOT SUE DIAMETER( ? PO:- 0��P GRAVEL SIZE(NOW) FROM") TO(fast) •DEPTH FROM-LAND TO SURFACE FORMOMkJN DESCRIPTION Sketch exact bcmkn of WON m diflsl m,to at bfgtwo FEET TO FEET pamlanem tandRlstks 0 14' Fill >VF 571 WJs,t( 14 102 Sand .L 102 120 Gravel ' 131c(. 120 320 HedBedrock wym was lasted at diftmm depths dtMnp drIlIkV.Nst below FEET GALLONS PER MINUTE l�4•,"YrA 5u,-L,%4*A/ avc, DATE WELL COMPLETE PERM N . RE IST TION NO. DATE F REPORT WLLE DRSLER(S4vWm) 6/1 2000 20176 . -6an C11Chowanec AGENCY STATE OF CONNEC 'ICUT Do NOT Till in . DEPARTMENT OF CONSUMER PROTECTION STATE WELL N0.'. REAL ESTATE B&PROFESSIONAL TRADES DIVISION WELL DRILLING:COMPLE' a ptf of E,venue,Ht►rtATWS:R NO. iord,Connecticut 06106 OWNER NAME Adventn'lt ., L $ttae�tc'g apDREss ocaTloN (�.asae� 5" su111van Ave saut OF WELL 8 4 5 S u I 1 (T1 (Lot Number) vaa Ave. Solt Wiedr#or PROPOSED DOMESTIC BUSINESS ESTABLISHMENT FARM TEST USE OF WELL WELL ❑ PUBLIC n INDUSTRIAL DRILLING SUPPLY t..J ❑ AIRCO' OTHER ROTARYMPRRES SS ON PERCUSSION G IS EQUIPMENT OTHER CASING L NGTH((est) DWdETER inches (specify) DETAILS ( _ ) WEIGH PER F00T O F t 6..1 n" 17 Lb. THREADED a DRIVE SHOE WAS CASING GROUTED? YIELD TEST ❑BMLEp WELDED Q PUMPED -^ COMPRESSED AIR S NO' YES NO 1L7�__If HOURS YIELD(GPM) WATER MEASURE FROM LAND SURFACE•STATIC(Specify feet) DURING YIELD TEST(feet) 4 LEVEL Ft. abctveISGPM MAKE $1•o�atd Q t3 F t,. DetNh or completed trued in rest SCREEN 32OFt. DETAILS SLOT SIZE LEN TH OPEN T AQUIFER(feet) DIAMETER(Indtes) IF GRAVEL PACKED: Diameter of well GRAVEL SIZE(inches) FROM(testy DEPTH FROM LAND TO SURFACE including gravel Pal TO(feet) FORMATION DESCRIPTION (ks) FEET TO FEET Sketch exact location of welt w)th distances fo at least two Permanent landmarks 0 Its 14 102 Sind ��a 6-7 Vic 102 120 �, (;ravel 120 320 R . ed = i 3'o pduY k I r 4ci Ifyield was tested at different depths dur(ng drilling;list-below FEET GALLONS PER MINUTE DATE WELL COMPLETED PERMIT NO. REGIS S V lL L J 1f A A( TRATION NO. DATE OF REPORT WELL DRILLER(Stgneture)T . I.°.lAlC21()Ti anad DEPT.OF ENVIRONMENTAL PROTECTION-WATER RESOURCES PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 11/26/12 TO: Matt Galligan, Fred Shaw, Michael Gantick, Rich Bond, Walter Summers, Jeff Doolittle Ray Favreau, Mark Owens, Chris Dougan, Sherry McGann, Ron Asselin, John Caldwell, Dennis Sheridan FROM: Michele Lipe, AICP, Town Planner The Planning&Engineering Departments have received plans for the following projects: Appl 12-47P, Dairy Queen Grill&Chill - Site Plan Modification Location: 845 Sullivan Ave ® Site Plan ❑ Subdivision No. Acres 3.q Zone GC ❑ Industrial ® Commercial ❑ Residential No. Lots/Units Water: ® Public ® Private Well Sewerage: ® Public ❑ Septic System Project Description: Re-utilize site as a Dairy Queen with drive thru Future Town-owned property involved? ® Yes ❑ No ❑ new street(s) ❑ new detention area ® new open space/recreation area ❑ active ®passive Planning Department notes: adding a parking area on town owned land to be accessed from the existing site Please comment by 12/7/12 and return to the Planning Department. PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 11/26/12 TO: Matt Galligan,Fred Shaw,Michael Gantick,Rich Bond,Walter Summers, Jeff Doolittle Ray Favreau,Mark Owens, Chris Dougan, Sherry McGann, Ron Asselin, John Caldwell,Dennis Sheridan .FROM: Michele Lipe,AICP,Town Planner The Planning&Engineering Departments have received plans for the following projects: Appl 1247P,Dairy Queen Grill&Chill- Site Plan Modification Location: 845 Sullivan Ave ® Site Plan ❑ Subdivision No.Acres 3.q Zone GC ❑ Industrial ® Commercial ❑Residential No. Lots/Units Water: ®Public ® Private Well Sewerage: ® Public ❑ Septic System Project Description: Re-utilize site as a Dairy Queen with drive thru Future Town-owned property involved? ®Yes ❑No ❑new street(s) ❑new detention area ®new open space/recreation area ❑ active ®passive Planning Department notes: adding a parking area on town owned land to be accessed from the existing site Please comment by 12/7/12 and return to the Planning Department. REC71zonm D PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 11/26/12 TO: Matt Galligan, Fred Shaw,Michael Gantick,Rich Bond,Walter Summers,Jeff Doolittle Ray Favreau,Mark Owens, Chris Dougan, Sherry McGann, Ron Asselin, John Caldwell, Dennis Sheridan .FROM: Michele Lipe,AICP,Town Planner The Planning&Engineering Departments have received plans for the following projects: Appl 1247P,Dairy Queen Grill&Chill- Site Plan Modification Location: 845 Sullivan Ave ® Site Plan ❑ Subdivision No.Acres 3.q Zone GC ❑Industrial ® Commercial ❑Residential No. Lots/Units Water: ® Public ®Private Well Sewerage: N Public ❑ Septic System Project Description: Re-utilize site as a Dairy Queen with drive thru Future Town-owned property involved? ®Yes ❑No ❑new street(s) ❑ new detention area ®new open space/recreation area ❑ active Npassive Planning Department notes: adding a parking area on town owned land to be accessed from the existing site Please comment by 12/7/12 and return to the Planning Department. f'/�`115/\`L a,-, lJ \ su[x9u \\r"�"L �'A2�rK/ hP wIAA�.as�l N v� NO RECEIVE-0 V 29 #2 sMW#V6MP"WtMOT PLANNING DEPARMIINT IN-HOUSE REFERRAL FORM DATE: 11/26/12 TO: Matt Galligan,Fred Shaw,Michael Gantick,Rich Bond,Walter Summers,Jeff Doolittle Ray Favreau,Mark Owens, Chris Dougan, Sherry McGann, Ron Asselin, John Caldwell,Dennis Sheridan .FROM: Michele Lipe,AICP,Town Planner The Planning&Engineering Departments have received plans for the following projects: Appl 12-47P,Dairy Queen Grill&Chill- Site Plan Modification Location: 845 Sullivan Ave N Site Plan ❑ Subdivision No.Acres— Zone GC ❑ Industrial N Commercial ❑Residential No. Lots/Units Water: ®Public ®Private Well Sewerage: N Public ❑ Septic System Project Description: Re-utilize site as a Dairy Queen with drive thru Future Town-owned property involved? ®Yes ❑No ❑new street(s) ❑new detention area . N new open space/recreation area ❑ active Npassive Planning Department notes: adding a parking area on town owned land to be accessed from the existing site Please comment by 12/7/12 and return to the Planning Department. it/ Y Page 1 of 2 Favreau, Raymond From: Favreau, Raymond Sent: Monday, November 26, 2012 5:07 PM To: Lipe, Michele;Caldwell, John Cc: Folger, Jeffrey Subject: RE: Dairy Queen parking lot proposal on Town Land Importance: High Michele have reviewed the plans and both John Caldwell and I have visited the site and have the following comments/questions regarding this application: 1. The partnership to provide improved, additional and safer parking to benefit both the Town (access to the north entrance to the Donnelley Preserve)and DQ(additional overflow parking)receives our full support for approval of an appropriate easement. 2. Elimination of the curb cut entrance for the existing gravel lot off Sullivan Ave.that currently accommodates the Donnelley Preserve will create a safer situation once the DQ opens for business. 3. As we understand it: in exchange for use of town owned land the applicant will construct the 24 vehicle shared parking lot using gravel with the potential for asphalt in the future and the applicant will maintain the lot. What is the term for the agreement, 10 years, twenty years, other? What is the expectation of maintenance—Plowed after each snow incident? Will it be kept weed free? Gravel replenishment, leveling as needed? Care&maintenance of the split rail fencing? 4. What about maintenance of the 6'x50'stone dust path from the HC space off the current paved lot to the meadow area of the Donnelley Preserve? 5. If the split rail fence is desired, the applicant should know that the lot will be that much more difficult to plow. Fencing just on the north and south sides and leaving the west side completely open or allowing for a snow shelf if installed will provide delineation and make it easier to plow. Just a thought. 6. What happens if the lot becomes too busy for DQ patrons(which would be a very good thing for DQ) and we are left with little to no parking for the Donnelley Preserve? Can there be a parking lot expansion clause? 7. I hate to even say this, but what if DQ fails and folds, can we still utilize the parking as constructed? 8. A mutually agreed upon sign(between applicant and town)that identifies the relocated parking for Donnelley, something like; "In partnership with DQ, Parking for the Donnelley Preserve is available at the DQ Entrance"should be considered on the Town property to alert preserve users. A second interior directional sign would probably be needed on the DQ property as well. We would need to identify who is responsible for this piece(I would have no problem contributing). This is a terrific advantage for us in reducing our maintenance workload. If there ids anything else needed to help this process along, please let me know. "Feel great-recreate!" Ray Favreau, CPRP Director of Parks& Recreation Town of South Windsor 150 Nevers Road South Windsor, CT 06074 860-648-6355 ext. 317 Fax: 860-648-5048 Web: recreation.southwindsor.org From: Lipe, Michele Sent: Monday, November 26, 2012 10:10 AM To: Favreau, Raymond; Caldwell, John Cc: Folger,Jeffrey 11/27/2012 Page 2 of 2 Subject: Dairy Queen parking lot proposal on Town Land Hi, We received the application in to re-use the Dairy Queen site as a Dairy Queen. They have added the parking lot to the Town land (to the west)as discussed. Could you please review the plans and provide input ASAP especially as it relates to any easement that is created. This will be in front of the PZC on Dec. 11 and probably at Town Council the following week to have thee easement granted. Thanks, Michele 911ichiefe R. Gipe,AIC Town Planner Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 (860) 644-2511, ext. 252 11/27/2012 Page 1 of 1 Zararnbo, Lauren L. R E �p From: Bond, Richard NOV 2772012 Sent: I ues ay, November 27, 2012 9:28SOt�lFI WNW F NfIDEPT To: Zarambo, Lauren L. Cc: Doolittle, Jeffrey; Lipe, Michele; Reed, Matt Subject: RE: Dairy Queen Grill &Chill I have some concerns regarding the safety of left turns exiting the property and the overall congestion on Sullivan Avenue in that area. Given that there is alight coming to the area of Twin Plaza, I wonder if exiting this site will mix with the eastbound traffic stopped for the new light. That said, I have no formal objections to the application as the use is consistent with zoning regulations and the property has been used for this purpose in the past. Lt.Rich Bond Commander-Special Services Division South Windsor Police Services 151 Sand Hill Rd South Windsor CT 06074 860-648-6211 (office) 860-982-0351 (cell) richard.bond(cDsouthwindsor.org This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify me immediately by telephone. From: Zarambo, Lauren L. Sent: Tuesday, November 27, 2012 9:14 AM To: Asselin, Ronald; Bond, Richard; Caldwell, John; Doolittle, Jeffrey; Dougan, Christopher; Favreau, Raymond; Galligan, Matthew;Gantick, Michael; McGann, Sherry; Owens, Mark; Shaw, Fred; Sheridan, Dennis; Summers, Walter Subject: Dairy Queen Grill &Chill Please find attached In House Referral Form for Appl. 12-47P, Dairy Queen Grill &Chill. Please forward any comments or questions to the Planning Department. Thank you, Lauren Lauren L Zarambo Planning Department Secretary Town of South Windsor 1540 Sullivan Avenue South Windsor, CT o6074 86o.644.2511 ext 253 11/27/2012 MEMORANDUM To: Michele Lipe, Town Planner From: Jeffrey Doolittle,Town Engineer „ Date: 12/06/12 RE: Application 12-47P— Dairy Queen 845 Sullivan Ave. Engineering has reviewed plans received 11/21/12 for the above application and has the following comments: 1 The Town will need an easement over 845 Sullivan Ave. for access to the gravel parking lot on the Town owned land There should be a paved path from the end of the crosswalk across the parking lot to the gravel parking lot on the Town's property. This can be accomplished by widening the driveway to this lot or paving part of the island between the two. 3 The gravel parking lot on the Town's property should be constructed with 8 inches of processed aggregate base per Form 816, M.5.01, over suitable compacted gravel subgrade. Millings or gravel can be used as a 4 inch subbase under at least 4 inches of processed aggregate base. AN The Stormceptor sizing report recommends a model 900 be installed for the required stormwater treatment. Why is a Model 450i shown on the plans? Is there another means of stormwater treatment included? t'5:�The batting cages are to be removed and a new undefined surface is to be .= installed for an undetermined recreational use. Due to the proximity to the wetlands, the proposed activities should be described more specifically. 6 The draft sidewalk plan for the Town shows this area as a high priority for sidewalks. Existing sidewalks are on the north side of Sullivan Avenue from Ayers Road to 850 Sullivan Avenue. No sidewalks are proposed on the plan. Please contact me if you have any questions. Page 1 of 3 Lipe, Michele From: Andy Krar[AKrar@designprofessionalsinc.com] .,cn : i onc ay, ecemi er I , ki 'k To: Lipe, Michele Cc: Ben Wheeler; Peter DeMallie Subject: FW: Dairy Queen-Sullivan Avenue Michele, Please read correspondence below regarding traffic for the reopening of Dairy Queen. Andrew J. Krar, P.E., LEED AP Senior Project Manager Design Professionals, Inc. CIVIL&TRAFFIC ENGINEERS/PLANNERS/SURVEYORS/GIS/LANDSCAPE ARCHITECTS Serving Connecticut,Massachusetts,&Rhode Island P.O.Box 1167 860.291.8755 phone 425 Sullivan Avenue 860.291.8757 fax South Windsor,CT 06074 www.desianr)rofessionalsinc.com CONFIDENTIALITY NOTICE: This e-mail message is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. From: Bond, Richard [mailto:Richard.Bond@southwindsor.org] Sent: Wednesday,December 05, 2012 11:46 AM To: Andy Krar Cc: Reed, Matt Subject: RE: Dairy Queen - Sullivan Avenue I think we will have to make it work. The use of the property for the DQ proposal is clearly within the intended spectrum for the area. There is little to no room to move the entrance/exit to the property. I would concur that the peak times for the new DQ might not align with those of Sullivan Avenue. The light will in fact create natural breaks in the traffic flow. I don't know if any signage along the lines of "Do not Block Driveway" would be appropriate along the State roadway. I have seen them in use before but can't recollect where. I do not believe that creation of passing lanes or road widening at the site driveway would be beneficial, but would not be surprised to see that mentioned in any State review. I think that the light will make access to Twin Plaza safer,and will reduce the accident rate in the area. As you are aware,the light and installation will be funded by the property owner. Though the potential exit delays concern me, I would offer no objection to the project. It may come to pass that working with the adjacent property owner to the east(Tartsinis) would offer possible resolution. He is making substantial changes within his lot(s)to accommodate his proposed new buildings to the east. Lt.Rich Bond Commander Special Services Division South Windsor Police Services 151 Sand Hill Rd South Windsor CT 06074 12/10/2012 Page 2 of 3 860-648-6211 (office) 860-982-0351 (cell) richard.bond(cDsouthwindsor.org This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged,confidential,and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient,you are hereby notified that any dissemination,distribution or copying of this communication is strictly prohibited. If you have received this communication in error,please notify me immediately by telephone. From: Andy Krar[mailto:AKrarC@designgrofessionalsinc.com] Sent: Wednesday, December 05, 2012 11:35 AM To: Bond, Richard II Subject: FW: Dairy Queen - Sullivan Avenue From: Andy Krar Sent: Wednesday, December 05, 2012 11:33 AM To: Andy Krar Cc: Peter DeMallie Subject: RE: Dairy Queen - Sullivan Avenue Lt. Bond. Have you had the opportunity to review my comments below? From: Andy Krar Sent: Thursday, November 29, 2012 3:25 PM To: 'richard.bond@southwindsor.org' Cc: 'bwheeler@dpinc.co'; 'pdemallie@dpinc.co' Subject: Dairy Queen - Sullivan Avenue Lt. Bond, Thank you for speaking with me yesterday about the Dairy Queen project. I studied the traffic report prepared by DLS Traffic Engineering, LLC for the new signal proposed for AMF Properties(Tartsinis)at the Red Onion plaza. I also estimated the volume of new traffic that we can expect from Dairy Queen. (See attached Trip Generation calculations) Briefly, I offer the following: Estimated site generated traffic for the P.M. peak hour is as follows: Exiting—27 turning left&38 turning right Entering—29 turning left into DQ&41 turning right into DQ The DLS traffic report estimates that the average queue length (of vehicles) stopped eastbound on Sullivan Avenue will be 376 . Unfortunately,the exit driveway for DQ is about 300' distant from the proposed traffic signal.So there will likely be times when stopped vehicles will block the DQ driveways. 12/10/2012 Page 3 of 3 (An important thing to note is that the peak P.M. period determined by DLS was from 4:45—5:45. It is likely that the peak P.M. period for DQ will be a bit later in the afternoon/evening.Therefore, it can be expected that average eastbound queue lengths on Sullivan Avenue will be less than 376' during times when DQ is busiest) The presence of the new traffic signal will occasionally create unwanted queueing of vehicles/congestion in front of the DQ driveway. However,the signal will also serve as a good safety benefit by creating predictable gap opportunities for exiting traffic from the site.This benefit will especially favor those vehicles making left turns from the site onto Sullivan Avenue. Please give me a call should you have any questions or would like any additional information. Andrew J. Krar, P.E., LEED AP Senior Project Manager Design Professionals, Inc. CIVIL&TRAFFIC ENGINEERS/PLANNERS/SURVEYORS 1013/LANDSCAPE ARCHITECTS Sewing Connecticut,Massachusetts,&Rhode is/and P.O.Box 1167 860.291.8755 phone 425 Sullivan Avenue 860.291.8757 fax South Windsor,CT 06074 www.desionorofessionalsinc.com CONFIDENTIALITY NOTICE: This e-mail message is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material.Any unauthorized review,use,disclosure or distribution is prohibited.If you are not the intended recipient,please contact the sender by reply e-mail and destroy all copies of the original message. 12/10/2012 SOWN Sfq O' 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 TELEPHONE (860) 644-2511 CERTIFIED MAIL December 11, 2012 Robert Larkin&Gary Somerset 24 Queenspeak Canton, CT 06109 RE: Appl. #12-47P, Dairy Queen Minimal Impact Application, 845 Sullivan Avenue. General Commercial(GC)Zone Dear Sirs: The Inland Wetlands Agency/Conservation Commission, through staff has approved minimal impact application#12-47P, Dairy Queen Minimal Impact Application,845 Sullivan Avenue, Inland Wetland/Conservation Commission minimal impact application for the replacement of asphalt within the existing recreation area and a the addition of a stormwater structure within the upland review area at 845 Sullivan Ave., South Windsor(Assessor's Maps#100, &99,parcels#2 &42). This approval is subject to the following conditions: 1. The application shall indemnify and hold harmless the Town of South Windsor against any liability, which might result from the proposed operation or use. 2. The permit is valid for five years and shall expire on December 11, 2017. It is the landowner(s)/applicant(s)responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration. 3. Erosion controls must be installed so as to prevent sediment from entering the wetland area. 4. A bond of$1000 must be posted for the installation and maintenance of erosion structures. 5. The wetland vegetation within the existing outlet swale must be supplemented with plantings to increase the density of emergent vegetation species to increase pollutant removal from stormwater discharges. A planting plan must be submitted to Town Staff for approval. 6. All additional approvals required must be obtained and submitted prior to any activity on the site. 7. The applicant shall cause notice of the decision to be published in a daily newspaper having a general circulation in the Town. The notice must be published within ten (10) days of the receipt of the decision. The applicant must notify the Planning office of the date of publication and fax or mail a copy of the published legal notice. Appeal of this decision may be brought to the Agency within fifteen(15)days after the publication date of the notice. Very truly yours, JQfrey er, Environmental Planner INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION cc: Inland Wetland/Conservation Commission, Design Professionals, Director of Planning Chief Building Official Page 1 of 1 Lipe, Michele From: roycjnor@aol.com Sent: Tuesday, December 11, 2012 4:36 PM To: KennedyslnSW@aol.com Cc: Lipe, Michele Subject: Dairy Queen use of Twon Land Planning and Zoning Commission Members I am opposed to the Town providing a parking easement on the former Woodcock property to the Dairy Queen developer. Instead the Town should sell a portion of the property from Sullivan Avenue to the rear property line and retain a conservation easement to protect the Podunk River Corridor. By selling a portion of the land the Town would recoup some of the cost of the land. Giving a permanent easement is tantamount to selling the land even though certain rights would be retained. The Town does not need the access to the Donnelly Preserve from Sullivan Avenue. There is a perfectly good access point just around the corner on West Road with more than enough space for parking now and in the future. The Sullivan Avenue access is hazardous on such a busy street. West Road is a much better access.point for the park.. Selling a portion of this commercial land to the abutting property owner will make their property more valuable and potentially allow for additional commercial development on their property., The Planning and Zoning Commission should recommend to the Town Council that this is a better option than designating the proposed area as open space and giving a parking easement.. They can still designate some of the the remaining portion as open space.. Roy Normen It is my understanding that Open Space funds were not used to purchase the Woodcock property. The open space funds were designated for the first firehouse site. The Town Council is in the process of dividing the remaining Woodcock property for open space while maximizing the amount of space to be used for commercial development of the remaining land. i don't believe the option of selling a portion of the eastern part of the parcel was not consideration at the time. 12/11/2012 ti • 1 I � ter.• Memo To: Peter DeMallie From: Michele R. Lipe AICP, Town Planner Asti Date: 12/5/2012 Re: Appl#12-47P, Dairy Queen Grill & Chill Review Comments Below are comments from the Planning Department regarding the above referenced application. Once you have received all staff comments, please make the necessary revisions and submit 6 (six)complete set of plans to the Planning Department. Engineering comments will be forthcoming under a separate memo. 1. As easement area for the well on the Town owned property must to be shown and appropriate easement granted by the Town. 2. Are you requesting approval for phase 1 and 2? If so, the zoning data table and plans should clearly show the two phases 3. The original approvals for the mini-golf had set aside 23 spaces for parking (based on 1.5 spaces per hole). I do not see any parking attributed to this use in the data table. Although we do not have a specific requirement, an acknowledgement of this use and anticipated parking needs should be addressed. 4. Landscaping should be considered along the easterly property boundary. (FYI- The Stowe Kitchen and Bath approval had required a few evergreens along this boundary however they were never planted.) Traffic Studv Rich Bond, Police Services has some concern of left turn exiting the site. His comments were, "have some concerns regarding the safety of left turns exiting the property and the overall congestion on Sullivan Avenue in that area. Given that there is a light coming to the area of Twin Plaza, I wonder if exiting this site will mix with the eastbound traffic stopped for the new light. That said, I have no formal objections to the application as the use is consistent with zoning regulations and the property has been used for this purpose in the past. " 1540 Sullivan Avenue,South Windsor,CT 06074 PH 860-644-2511,ext.252 Fax 860-644-7280 e-mail Michele.lipe(aisouthwindsor.org 0 Page 1 W PCA -re- _ -aw -as in-ica e- -a -e pan s--ou-- re-ec --e -oca ion o- --e u oma is grease removal unit(AGRU)and sizing information for grease removal must be submitted. The AGRU must conform to Town Regulations. WPCA approval is required. 0 Page 2 P.O.BOX 1167 425 SULLIVAN AVENUE SOUTH WINDSOR,CT 06074 PHONE: 860.2 91.875 5 th Anniversary FAX:860.291.8757 _ W CIVIL & TRAFFIC ENGINEERS / PLANNERS /SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut, Massachusetts, L Rhode Island December 11,2012 Ms.Michele Lipe Town Planner Town of South Windsor 1540 Sullivan Avenue [RECE]ED South Windsor,CT 06074 • RE: Dairy Queen Grill&Chill EC, 1Site Plan Modification 845 Sullivan Avenue H"M • DPI#2035.1) Dear Ms.Lipe: We are submitting revised sets of plans for the above referenced application in response to comments received from Town staff. In response to your written comments dated 12/5/12,the following changes have been made: /1. A proposed well easement has been added to sheet CP-1. 2. The applicant is seeking approval for Phase 1 and Phase 2. The zoning table on the cover sheet has been updated to reflect both phases. The elements in Phase 2 have been labeled on the plans(building addition for a party room and relocating the dumpster pad to accommodate the addition). 3. The parking tabulation has been updated to show 18 parking spaces(1 per hole)for the miniature golf and family • entertainment area. 4. A row of arborvitaes has been added along the easterly property boundary similar to the previous application on • the property. In response to written comments from Jeffrey Doolittle,Town Engineer,dated 12/6/12,the following changes have been made: 1. An easement will be granted over the subject property for access to the gravel parking lot. Final details of the easement will be worked out between the Applicant and the Town. 2. A stone dust path connecting the gravel parking lot to the crosswalk has been added to the plans. 3. The construction detail for the gravel lot has been revised per the recommendations. 4. Riprap protection has been added to the existing leakoff at the southeast comer of the parking lot to provide additional measures to improve stormwater quality. • 5. The existing batting cage floor is sloped to facilitate ball collection. Therefore,a new"level"concrete surface will be put in place within the extents of the existing surface to accommodate various entertainment apparatus, such as climbing walls. 6. Based on preliminary meetings with Town Staff,no sidewalks would be required along Sullivan Avenue and therefore have not been shown on the plans. Furthermore,based on our phone conversation earlier today,the exit driveway is proposed to be widened to accommodate two I I' lanes,improving on site traffic flow,especially during times of peak traffic flow on Sullivan Avenue. If you have any questions regarding the above revisions,please contact our office. • Sincerely, DESIGN PROFESSI ALS,INC. enjamin P.Wheeler,RLA Director of Operations • G:\jobs\2035.D\Docs\Correspondence\2035.D Lipe response letter 2012-12-1 l.doc q D.NN se4< C . x W �, 1540 SULLIVAN AVENUE •SOUTH WINDSOR, CT 06074 fiosox.co�'`' TELEPHONE (860) 644-2511 CERTIFIED MAIL 7011 1570 0000 6337 3208 December 17,2012 Robert W. Larkin and Gary G. Somerset 24 Queenspeak Canton, CT 06019 Dear Mr. Larkin and Mr. Somerset: Re: Appl. 12-47P,Dairy Queen Grill and Chill We are pleased to advise you that the Planning & Zoning Commission voted on December 11, 2012 to approve with modifications the above referenced application for a Site Plan Modification. This approval is for Dairy Queen to be located at 845 Sullivan Avenue, GC zone. This development is shown on plans prepared by Design Professionals, Inc. dated November 21, 2012, as revised through December 11, 2012. This approval is subject to the following modifications: 1. Prior to commencement of any site work, a meeting must be held with Town Staff. 2. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. . 3. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission, including bonds in the amount of$1,000. 4. A landscape bond in the amount of$1,000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed. 5. All bonds must be in one of the forms described in the enclosed Bond Policy. 6. An As-Built plan is required prior to issuance of a Certificate of Occupancy per Section 9.1.3 of the Zoning Regulations. 7. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 8. The building street number must be included on the final plan. 9. Pavement markings must be maintained in good condition throughout the site drives and parking areas. 10. All free standing signs and/or building signs require the issuance of a sign permit before they are erected. f f 11. If a State Traffic Commission certificate is required,no building permits will be issued until ; c»ed_(ner_MS_&_1_4- 11). 12. Engineering comments dated 12/7/12 must be incorporated into the plans. 13. A parking lot easement over the Town land and a right to access easement must be finalized with the Town Council and shown on the final plans. 14. The applicant shall return to the ADRC with architectural elevations before the start of construction of phase 2. 15. A parking waiver of 10 spaces has been granted in accordance with Section 6.4.9. 16. The western parking area space shall be cut back to increase the width of the access drive. Black and white transparent mylar of Sheet# CP-1 with the above modifications, together with three blueprint copies of the entire set of plans (including architectural elevations and landscaping plans)must be submitted. The letters of approval of this Commission as well as the Inland Wetlands Agency/Conservation Commission must be_reproduced on the mylar. Sincerely, Patrick Kennedy, Chair Planning and Zoning Commission PK/llz cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal BOND TRANSMITTAL DATE: 01/09/2013 APPLICANT NAME Robert Wayne Larkin ADDRESS 24 Queens Peak Canton, CT 06+" O 6 Q 19 PROJECT LOCATION/ADDRESS Dairy Queen / 845 `Sullivan Avenue SUBDIVISION P&Z OR IWA/CC APPLICATION NUMBER 12-47P AMOUNT OF BOND $. 1000 CHECK NUMBER 281143 DEPARTMENT Planning Department . SUBMITTED BY Lauren Zarambo 01/10/2013 NAME DATE RECEIVED BY FINANCE �.C c=4-2� 9 I/ 13 NAME DATE SUB ACCOUNT NUMBER O O % & 7 WAPlanning Admin\PZC\Bonds\BOND TRANSMITTAL 08.27-Ol.doc - To: Matthew Galligan,Town Manager Cc: Town Council Members, Michelle Lipe, Ray Favreau,Jeff Folger, Mike Gantick From: Pat Botteron, Chair. Open Space Task Force Date: January 8,2013 Re: Dairy Queen Parking Lot-845 Sullivan Ave. At the January Open Space Task Force Meeting the above referenced subject was broached. Questions, concerns,and revisions from the original proposal were discussed. The Committee made a motion; it was second and carried as follows: The Open Space Task Force supports the concept of sharing Town owned open space between Dairy Queen and South Windsor as referenced in the license proposal. If you should have any questions, please do not hesitate to contact me. Pat Botteron, Chair. Open Space Task Force patbott@cox.net (860)-881-3828 (860)-644-5856 (h) TOWN OF SOUTH WINpSOR STAFF SITE CHANGE FOR SITE & SUBDIVISION GENERAL: 1 l CHANGE ORDER CONTACT PERSON ljC } �G 11 iC j Phone No. �(j Address ���— �L,1 f � VG r1 C 'V Site Name C4 r Ot/ tX y r t o, P&Z No. Owner _ t� �,� Uj . l..e,1k R! Phone No. fejj - 9f, Contractor A X 4IP41 Signature of Owner __ Date: f Pl,�l 3 Signature of Design Engr. Date: CHANGE: (Describe location and nature of change. Include Four (4) copies of plan/profile of Change. ) ey �. /e Reason for Change: (Why is change required)/ ezI APPROVALS: (As Requ'red) Dir-. Of Planning Date:- S/� ?; i Town Engineer Date: Dir. of Public Works Date: a Other: Date: STAFF COMMENTS: `k White - Town Engineer Yellow - Applicant Pink - Director of Planning �� ;\X96.5\ 95.2X 31 �A\ \ X 97 \ g6.52 xV SNET \ " ♦ � CB X ♦� - � .� 99 6 \ - / /97.5 X ^, TF 96.43 9je ♦\ INV-93.81(S) ♦ �. \ / C8 ♦ / cp IN 94.08(W) \ // ♦`� TF.96.57 \ INV.•94.02(E) / q6 94.44(E) ^ F� 85 9.3 X 9 CB TF.•96.61 // �pll / ' ♦�\ '� INV 94.55(W) / // • // -CLCS ♦ \� ♦u / TF.•99.06 g ♦�1 INV•93.44(S� Sot \\ ` / `��►► 99.5 X 1 / \�G 1 t .73 p? q qX 1 - -2X `\ '\2 \ ;k EXISANG BUILDING � 96 / �P 845 SULUVAN A FF.•101.23 97.77XDMH la / 6 I :98.04 � / � GAS METER INV•92.9t(N&S) ( /+ /W �. /QP� A� 98.1 X9 M /�01 <\ FRI06E C / /yam / �/ 0A, \ �, poi? LLARD MCEPTQK TF.•„v3Ae � � � �9 ♦ G / / � .45 ♦ V.•9 .67 N 1 9B S. / +2.5 N&S� (S) 8 W �°� /�Q J♦ // / /le O \�E P `799MENU ,\ " Bi♦ ��lr SPEAKER ,�, tAR 098 93 BOX ELEC. / R� ✓ i / 9a CONC. , NSF. PAD 6 " 4l (lb, g9.03 X y . A/ g8.30 8"MAPLE " 9.9,9 1 LICENSE AND RIGHT-OF-WAY AGREEMENT THIS LICENSE AGREEMENT (this "Agreement") is made and entered into as of the 23rd day of April, 2013 (the "Effective Date"), by and between the Town of South Windsor, a Connecticut municipality, maintaining Town offices at 1540 Sullivan Avenue, South Windsor, Connecticut 06074 ("Grantor") and Somerlark Properties, LLC, having a principal place of business at 845 Sullivan Avenue, South Windsor, Connecticut 06074 ("Grantee"). RECITALS A. Grantor is the owner of certain real property designated as Open Space located within the Town of South Windsor abutting Sullivan Avenue and more specifically described in a Deed dated 12/31/2008, and recorded in the Town of South Windsor Land Records, at Volume 2015, Page 221 ("Grantor's Property"). B. Grantee is the owner of certain real property which is located at 845 Sullivan Avenue, South Windsor, Connecticut ("Grantee's Property") proximate to and abutting Grantor's Property, pursuant to a deed recorded in the Town of South Windsor Land Record at Volume 1668 Page 202 and shown on a plan entitled "Dairy Queen Grill & Chill, 845 Sullivan Avenue, South Windsor Connecticut, Prepared For / applicant: Robert W. Larkin & Gary G. Somerset, 24 Queenspeak, Canton, CT 06019, 860-982- 5725, by Design Professionals, 425 Sullivan Avenue, P. O. Box 1167, South Windsor, CT 06074, Project No. 2035.1), dated 11/20/12, revised 12/10/12 Added Well License Area, and further revised to 1/2/13 (the "Plan"), which Plan shall be filed upon the land - records of the Town of South Windsor C. Grantee operates a "Dairy Queen Grill & Chill" and miniature golf establishment on Grantee's Property. D. Grantee desires to obtain from Grantor, and Grantor is willing to provide to Grantee, on all of the terms and conditions stated in this Agreement, a license to use the "Proposed Parking License Area in Favor of 845 Sullivan Avenue" depicted on the Plan (the "Parking Lot") for additional parking for the Grantee's customers, employees, agents and contractors (collectively "Permitted Users"). E. Grantee further desires to obtain from Grantor, and Grantor is willing to provide to Grantee, on all of the terms and conditions stated in this Agreement, a license to use the "Proposed Well License Area in Favor of 845 Sullivan Avenue" depicted on the Plan (the "Well Area") to service the Grantee's existing miniature golf establishment. 42810700 AGREEMENT NOW THEREFORE, in consideration of the foregoing and in consideration of the mutual covenants set forth in this Agreement, the receipt and sufficiency of which are expressly acknowledged, Grantor and Grantee hereby agree as follows: 1. Parking Lot License. (a) Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, upon the terms and conditions set forth in this Agreement and commencing on the "Commencement Date" (as hereafter defined), a non- exclusive license to make available for use by the Permitted Users not more than thirty-four (34) parking spaces in the Parking Lot area as shown on the Plan. Grantor hereby further grants to Grantee, and Grantee hereby accepts from Grantor, upon the terms and conditions set forth in this Agreement and commencing on the "Commencement Date" (as hereafter defined), permission for non-exclusive ingress and egress to and from the Parking Lot. These rights granted hereunder shall be in effect seven (7) days per week, 24 hours per day during the term of this Agreement. (b) All vehicles parked on the Parking Lot by Permitted Users shall display a valid license plate. No repair or maintenance of vehicles shall be permitted on the Parking Lot. It is the intent of the parties that any vehicle using the Parking Lot shall be operated in a lawful manner and only by a person with a valid driver's license issued by the State of Connecticut or another state. 2. Well Area License Grantor hereby grants to Grantee, and Grantee hereby accepts from Grantor, upon the terms and conditions set forth in this Agreement and commencing on the "Commencement Date (as hereafter defined), a non- exclusive license to use the Well Area solely to maintain well service to Grantee's existing miniature golf establishment located on the Grantee's abutting property at 845 Sullivan Avenue. 3. Operation, Maintenance Repair Security. (a) Grantee shall be solely responsible for operating and maintaining the Parking Lot in good order, condition and repair, free from obstructions and debris and in accordance with the practices prevailing in the parking areas located on Grantee's Property. 2 4281070v1 (b) During any and all winter storms, Grantee shall be solely responsible for plowing the Parking Lot and otherwise treating for icy conditions. (c) With written approval from the Town Planner, the Grantee shall be permitted to make improvements to the Parking Lot, including but not limited to, paving the Parking Lot for purposes of accommodating the aforementioned parking spaces. All improvements must be in accordance with state law and local laws, ordinances and/or regulations. (d) Grantee's use of the Parking Lot shall be entirely at Grantee's own risk. The Grantor does not assume the obligation to provide security for any parked vehicles. (e) The Grantor shall have no responsibility for the cost or performance of any maintenance of, repair to, improvements upon or any other care for the Parking Lot and Grantor's Property to accommodate public or licensed use of the Parking Lot. (f) Grantee shall be solely responsible for operating and maintaining the Well Area and any well installed therein, and keeping the Well Area in good repair and condition, free from obstructions and debris. (g) Grantee's use of the Well Area shall be entirely at Grantee's own risk. The Grantor does not assume the obligation to provide water for Grantee's establishments. F 4. Right-of Way for the Town and General Public In consideration of the foregoing licenses, Grantee hereby grants to Grantor, and Grantor hereby accepts from Grantee, commencing on the "Commencement Date" (as hereafter defined), a non-exclusive right-of-way for the Town of South Windsor and its agents and contractors, as well as the general public, to use the Grantee's Property as a means of ingress to and egress from the Parking Lot for parking purposes and as access to the Open Space area shown on the Plan as "N/F Town of South Windsor Volume 2015 Page 221." Grantee shall maintain unobstructed access to the Parking Lot at all times for this purpose. In using the right-of-way, the Town and the general public shall follow the traffic flow pattern depicted on the Plan. 5. Indemnification. Grantee expressly agrees and covenants to release Grantor from liability and save Grantor harmless and indemnified from any manner of loss occasioned by any damage to or theft of any vehicles in the Parking Lot resulting from the exercise of rights under this Agreement, or injury to persons or property on or entering or exiting the 3 42810700 Parking Lot pursuant to this Agreement or otherwise arising out of or resulting from the exercise of rights under this Agreement, including but not limited to the Well Area license, or any other loss, cost, liability, damage or expense incurred by Grantor as a result of the exercise of the rights under this Agreement, unless damage or injury results from the gross negligence or willful misconduct of Grantor. The release and indemnification obligations set forth herein shall survive any expiration or termination of this Agreement. 6. Term of Agreement. The initial term of this Agreement shall commence on April 23, 2013 (the "Commencement Date") and shall expire on a)the day before the fifth (5t') anniversary date of the Commencement Date or b) the date upon which the Grantee conveys its interest in the Grantee's Property to another and/or ceases to use the Grantee's Property as a "Dairy Queen Grill & Chill" and/or miniature golf establishment, whichever date comes first (the "Initial Term"). 7. Option to Extend. At the Grantor's sole discretion, it shall have the exclusive option to extend the Initial Term of this Agreement for additional five (5) year terms (the "Extension Terms") upon written notice provided by Grantor to Grantee at the Grantee's address a minimum of three (3) months prior to the end of the Initial Term or any other Extension Term granted pursuant hereto. Any Extension Term shall be upon the same terms and conditions set forth in this Agreement, including but not limited to grounds for termination or expiration of the Agreement. 8. Compliance with Law. Grantee's use of the Parking Lot pursuant to this Agreement shall be exercised so as to comply with all applicable local, state or federal codes, laws, rules and regulations pertaining to such use. 9. Insurance. During the Term, Grantee shall obtain and maintain commercial general liability insurance with respect to the exercise of the rights under this Agreement by Grantee and those claiming by, through or under Grantee, for the benefit of Grantor and Grantee, providing combined single limit coverage of not less than $1,000,000 together with umbrella coverage of not less than $2,000,000. Such insurance shall contain contractual coverage with respect to the indemnity obligations set forth in this Agreement. Grantor shall be named as an additional insured on any such commercial general liability insurance policy. Grantee shall provide Grantor with a certificate of insurance evidencing such coverage on or before the Commencement Date and prior to the expiration date of any such future policy provided hereunder. 10. Assignment. Grantee shall not assign, pledge, encumber or otherwise transfer all or any part of its interest in this Agreement, without the prior written consent of Grantor, which consent may be withheld in Grantor's sole discretion. In no event shall this Agreement or the rights of Grantee hereunder be assigned, in whole or in part, to any Permitted User, and in no event shall any Permitted User be deemed to be a third-beneficiary of this Agreement or to have any rights or benefits hereunder. 11. Default by Grantee. Each of the following will constitute a default by Grantee (a "Grantee Default"): (a) failure by Grantee to maintain insurance and to 4 42810700 provide certificates as required by this Agreement; (b) insolvency or admission of insolvency by Grantee, the filing by or against Grantee of any bankruptcy, receivership or other proceeding under state or federal law, entering into or acquiescence by Grantee to any arrangement affecting the rights of Grantee's creditors generally, or attachment, execution or other seizure of substantially all of Grantee's assets or Grantee's interest in this Agreement; or (c) failure by Grantee to fulfill any other obligation under this Agreement, if such failure is not cured within twenty (20) days of notice from Grantor to Grantee, or such longer period as may reasonably be necessary, not to exceed a total of forty (40) days, if Grantee promptly commences and diligently pursues such cure. If a Grantee Default occurs, in addition to any other rights or remedies Grantor may have under this Agreement or at law or equity, Grantor shall have the right to terminate this Agreement by written notice to Grantee, effective on the date specified in such notice or, if no date is specified, on the date of receipt or first properly attempted delivery of such notice, and Grantor shall have the right to recover as damages from Grantee all of Grantor's expenses, including reasonable attorneys fees and costs, including expert fees, incurred in enforcing any term of this Agreement. 12. Termination: Notwithstanding any other provision contained herein, Grantor shall have the right at any time and in its sole discretion to terminate this Agreement for any reason upon thirty(30) days written notice to Grantee. 13. No Proeerty Interest. The Grantee acknowledges that this Agreement grants a temporary license only, and that this Agreement creates no leasehold interest or any property rights of any kind or nature for the benefit of Grantee, the Permitted Users, or anyone claiming by, through or under the Grantee or the Permitted Users. 14. Captions. The section and paragraph headings that appear in this Agreement are only for the convenience of the reader, are not intended to be a part of the substance of this Agreement, and shall not be considered in interpreting this Agreement. 15. Entire Agreement: Modification. This Agreement constitutes the complete agreement between the parties hereto and supersedes any prior oral or written agreements or understandings between the parties hereto regarding the subject matter of this Agreement. Any amendment or modification to this Agreement shall be effective only if in writing and executed by all of the parties hereto. 16. Binding Effect. This Agreement shall bind and benefit the parties hereto and their respective permitted successors and assigns. Without limiting the foregoing, any successor owner of Grantee's Property shall be expressly bound by and liable for all the obligations and provisions of this Agreement, including without limitation the indemnification obligations set forth herein. 17. Governing Law. This Agreement is made under and shall be governed by and interpreted by applying the laws of the State of Connecticut. 5 42810700 18. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an.original, but all of which together shall constitute one and the same instrument. 19. Provisions Severable. Each provision of this Agreement is independent of and severable from the other provisions of this Agreement, and no provision of this Agreement shall be affected or rendered invalid or unenforceable by the invalidity or unenforceability of any other provision of this Agreement. 20. Notices. Any notice, demand or request which may be permitted, required or desired to be given in connection herewith shall be in writing and transmitted by either (i) personal delivery or (ii) overnight courier service. A notice sent by overnight courier shall be deemed given on the business day on which such notice is deposited with the overnight courier service for delivery on the next business day. A notice given by personal delivery shall be deemed given on the recipient's receipt of same (or rejection of receipt at the correct address). Notwithstanding the foregoing, notice given in any manner shall be effective when actually received, regardless of method of delivery. (a) if to the Grantor: South Windsor Town Hall c/o Matthew B. Galligan, Town Manager 1540 Sullivan Avenue South Windsor, CT 06074 With a copy to: Kari L. Olson, Esq. Murtha Cullina LLP City Place 185 Asylum Street Hartford, CT 06103 (b) if to Grantee: Somedark Properties, LLC c/o Karen Roy 845 Sullivan Ave. South Windsor, CT 06074 [SIGNATURES ON FOLLOWING PAGE] 6 42810700 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the Effective date. Witness: GRANTOR: �h lei �urn�lex� Q The Town of South Windsor Witness: By: Matthew B. Galligan, Town Manager Duly Authorized Witness GRANTEE: Somerlark Properties, LLC Witness: -� By: /nc� duly authorized 7 42810700 MAY-02-2013 10:01 From:H&H Refri9er 8604099025 To:18606447280 Page:3/3 APR-29-2013 1.3:43 DUMONT AGENCY CQR�e 860 504 9885 P.001/001 CERTIFICATE OF LIABILITY INSURANCE m-mmwi°m" THIS CISKMICATE IS 153U[D AS A PATTER OF INFORMATION ONLY AND CONFERS NO R1(jH 4/28/2013 T5 UPON THE CERTIFK./►TE HOLDER,THIS CER'tIFTCA77: GOES NOT AFFiRNATNELY OR N6GATiV$1,Y AMEDip, EXTEND OR ♦I.TER THE COVERAGE AFFORDED BY TMB POLKM BELOW. Tl1I3 CER71FIGATE OF INSURANCE DOES NOT CONSTWM A MNVACT BETWa1 THE INUING {NSURER(S),AUTHORIZED RPPREBENTATWE OR PRODUCER,AND THE CERTIFICATE HOI DM IMPORTANt: f<ills Ceti p-hole Is Im ADonMNAL INSURED,tM WIcypos)must be ondatoW. if SUBR TION 15 WAIVED,subject to the bums and evedWone of ow Policy,c"taln Policies may mqulre an ondomMent. A stotemmO On this cwdflcate 40"dot Owfw dgt s to the ceMkats holder In lieu of oUrA oad o PINDI14tlR =NIAUFgoily Enzij ROI�►IID D N'P A6EPICY me •Molls Ideo3aeZ-8161 "� Is�o►s0.-teas 985 1%xM i.nQton Ave. heaai s(Idu+aOTatagonCyt.rlola F.O. Box 2050 Bristol CT 06011-2058 R A"CODINGCOVERA" NA1Cs r.sl/Ieeo A ba derwr4tmms - - Someriark-Pr w e - - - - - apathies T,T.G IMSUe�e a; 0/0 Robert Larkin PO Box 1191 IN rwm D` mm� REt Fa i a ton, CT 06034 mmunm F: COVERAGES CERIFICATE NUMBEii:=3426o6296 REVISION NUMBER: TRIO IS TO CERTIFY THAT 1Ti6 POLIC16td OF INKNIANCE LIOM BELOW HAVE PEN IG8 IEC TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTVMTHSYANDING ANY REQUIREMENT.TERM OR OONDITION OF ANY COWMAr.T OR OTHER OOCUMENT VMTH RESPECT To W4CH TIPo CER71FM,nTE MAY BE ISSUED OR MAY PERTAIN,THIN D$15UR EUSgN$4In)CONDITIONANM AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, S OF SUCH POl IC1Es.LIupTS BHOVIM MAY HAVE SEEN REDUCED BY PAID CWM& I TVPE OP INauraNCE M Ulllib Gmaw N omm akIrf EACH OCCURRfiN G t 11000,0001 X cow�cul. �� sf 100,000 A CIJre1SMADE ®ate 006001022910 /It/2027 /li/BGis uEo EV a>r s 5,0001 rERSDwK a ADV VMW s seers IIL ACCREGATZ S 2 000,00 AAOREQAl@ uVRTAlrtR6 FM x PRO. PRODUM-CDIdt�OPA= S $zo1a AUT0010"A UARM r ' AWAUTO �y D 130P LY N URV(Pa sodd" 7 WNWO ANTQS s F�1ata11 cue "CA occ nF cxAMe.«rwD IMDItl{>atS C01/�AYION s ANPeNV%QT5XrL1001LRY YIN sTATU. 7H- ANY PftMCF0MARrN�CUTM lM iO RRA M=MLL4XD7 a N/A E!.lJUCHAGCOEtiT e qq��, RL DISEASE.riA/.WLgM S DGf. 10P-T U0F�Of cu'oftme-POLICY t1MR s 01180E IPTION CP CPF7tAT10Mli/LOCATI M 111B11CLES NI/.eA Ae0RD 10f,Aide4rl R R.is�WUM,w Taw sera la haiR�Jtdalit3oaea�l lnsmCod. Tows of south windeO= ml AMXies to East sootim of 765 Sullivan Avo., 801th Wia490r, CT 0607,9 CERTIFICATE HOLDER CANOELLAYION 8110IJI,.O ANY OC THE AGOW WACR16ED F041CIE,5 01:CAI1CF-UW BEFORE 7m EXPIRATION DATE THEREOF, NOTICE Mn" eE DEuvEREG IN TOwn of South Windsor ACCORDANCE Viftm THE POLICY PROVISIONS. 1540 Su 4ivan Avo, South Wiftcls0r, CT 06074 A1►YHORnt�DRina9CNTATIVC Jamos DLtmonz/mg ACORD ZS(2010P05) O ISSR-2010 ACORD CORPORATION. All IN3026aolooes>AI 1'he ACORD Brno antl aro reserved, b90 roglstered IBfks of ACORD TOTAL P.001 MAY-01-2013 13:23 From:860 584 9885 ID:H&H Refriser Pa9e:001 R=95% <�W N S'N 7_0 01Psaam V&U&ot • C, 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f�OSOR-CO TELEPHONE (860) 644-2511 .March 1, 2017 Robert Wayne Larkin 100 Paper Chase Trail Avon, CT 06001 Re: Appl. 12-47P, Dairy Queen E&S Bond Release Dear Mr. Larkin: This is to advise you that the Planning and Zoning Commission voted on February 28, 2017 to release the following bond as follows: App1.12-47P, DairQueen$1,000 E&S Bond reduced by$1,000 to leave a balance of-0- --A check-will be-mailed-to-you from the-Town of South Windsor.-If you-have any further questions --- -- - please contact the Planning Department at 860-644-2511, ext. 253. Thank you. Sincerely, Bart Pacekonis,Acting Chairman PLANNING&ZONING COMMISSION BP/llz cc: Jeff Doolittle, Town Engineer Jeff Folger, Senior Environmental Planner BOND RELEASE T SMITTAL DATE: March 1, 2017 APPLICANT NAME Robert Wayne Larkin ADDRESS 100 Paper Chase Trail Avon, CT 06001 PROJECT LOCATION/ADDRESS LOT DaiEy Queen / 845 Sullivan Avenue P&Z OR IWA/CC APPLICATION NUMBER Appl. 12-47P MUNIS APPLICATION NUMBER $1,000 SUB ACCOUNT NUMBER 500187 ( ® CA-1 a--? 1 �{ ORIGINAL BOND AMOUNT $ 1,000 E&S Bond CHECK NUMBER 281143 Please Release $ 1,000 Please release the bond indicated above as all of the required work has been completed. Lauren L Zaram6o Warch 1, 2017 NAME DATE j a o y 3 / S l 7 BY CHECK # ISSUED DATE WAPlanning Admin\PZC\Bonds\2017 Bonds\12-47P DairyQueen BondReleaseTrans.doc