HomeMy WebLinkAbout1299 Main Street (4)TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
Fication No. The Cession will official ly receive applications
ived Date: at its Regular meeting on the 4th Tuesday of the
con or Public Hearing by: mcnth, provided it has been submitted to the C mission
Chairman, Secretary or agent by 4:30 P.M. on the
Receipt N o. pruceeding day.
APPLICANT: Arthur Roe
ADDRESS:1299 Main St., So. Windsor CT
OWNER OF RECORD ON LAND RECORDS: Arthur A. Roe
ADDRESS:1299 Main St., So. Windsor Cr
COMPLETE LOCATION OF PROPERTY: West side of Main St.
ZONE R-40
NAME , ADDRESS & TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE
DIRECTED: Atty. James H. Throwe 33 Conn. Blv. E. Hfd. r CT 06108
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THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 7t,
1. Zone Change* to public hearing requiredAEP 2. 1986
x 2 . Filing for Subdivision SOUth Windsor
3. Filing for Open Space Subdivision (public heal" It4"Ur" mission
4 . Filing for Resubdivision (public hearing required)
5. Special Exception to Article public hearing required)
6. Site Plan of Development
7 . Removal of Sand, Gravel , Clay or Quarry Stone & Ore (public
hearing required)
8. Other (explain in detail)
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF THE PROPERTY
AND SUBMITTED WITH 6 SETS OF PLANS (7 sets if public hearing is required)
BEFORE IT IS RECEIVED BY THE PLANNING & ZONING COMMISSION.
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Applicant OWNER
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1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
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w AREA CODE 203/644-2511
June 28, 1985
James H. Throwe, Esq.
33 Connecticut Boulevard
East Hartford, CT 06108
Re: Application #1086, Arthur Roe Subdivision
Dear Attorney Throwe:
Please be advised that the Planning and Zoning Commission voted to
approve the above application for a two-lot subdivision of property
located at 1299 Main Street, in an A-40 Zone, as shown on a sub-
division plan prepared by Petersen & Hoffman, Land Surveyors, dated
May, 1985, subject to the following modifications :
1. Parcel #3 shall be combined with the property N/F of Edward
and Adella Kasheta to the north. A deed for the new combined
lot shall be filed in the Office of the Town Clerk.
2. A Conservation easement shall be provided over lot #2 in favor
of the Town of South Windsor in the area of the Federal Flood
Plain, and easements in favor of lots #2 and #3, as indicated
on the plans, shall be submitted to this Commission prior to
filing the final plans. These easements must be approved by
the Engineering Department and the Town Attorney and be sub-
mitted in accordance with the policy for accepting deeds
attached) .
3. Water shall be supplied to the dwelling on lot #2 by the Met-
ropolitan Di,str'i ct Commission.
4. The dwelling on lot #2 shall be connected to the Town of South
Wjjndsor Sanitary Sewer System, subject to the approval of the
T,a'ter Pollution Control Authority.
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5 . A turn-around*,driveway shall be provided on lot #2, subject to
the approval of the town Engineer.
6. A `ekainage assessment fee in the amount of $50. shall be submitted.
7. Prior to issuance of a building permit, Inland-Wetlands and
Conservation Commission approval must be obtained.
James H. Throwe, Esq.2- June 28 , 1985
8 . Prior to the building of a structure on lot #2, a topographic
map, drawn to a scale of 1" = 401 , shall be submitted showing
proposed contours and elevations. No building permit will be
issued until the proposed contours and floor elevations, particularly
the lower floor elevations, have been approved by the Town Engineer.
Black and white transparent mylars, modified as above, together with
three paper prints, shall be submitted to this Commission to be
stamped and signed. This letter of approval must be reproduced on
the mylars. After signing, the mylars will be filed in the Town
Clerk' s Office. The mylars must be filed within 90 days from the
date of approval (by September 23 , 1985) . A building permit will
not be issued until all conditions of approval have been complied
with, and the final plans have been filed in the Office of the Town
Clerk.
Very truly yours,
PLANNING AND ZONING COMMISSION
David H. Sorenson, Acting Chairman
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cc: R. Martel, Town Engineer
T. D'Auria, Building Official
P. DeMallie, Planning Director"
E. Belleville, Assessor
Water Pollution Control Authority
Inland-Wetlands/Conservation Commission
Petersen & Hoffman
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v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SO -co AREA CODE 203/644-2511
November 17 , 1986
James H. Throwe, Esq .
33 Connecticut Boulevard
East H a r t f o r d , C t . 0 6M0,8---
Re: App . #1192 - Arthur Roe ,,S-tibdivision
Please be advised that the Planning & Zoning Commission voted on
October 28 , 1986 to approve the above application for a subdivision
of property at 1299 Main Street , in an A-40 zone , as shown on plans
prepared by Petersen and Hoffman , dated May , 1985 , revised to
September, 1986, subject to the following modifications:
1 . Parcel #3 shall be combined with the property now or formerly
of Edward Kasheta , et al , to the north. A deed for the new com-
bined lot shall be filed in the Office of the Town Clerk.
2 . The plans shall be modified to clearly indicate the conservation
area , which is the area of the flood plain , on Lot #2 .
A Conservation Easement shall be submitted to the Town of South
Windsor for the conservation area on Lot #2 . The Easement must
be approved by the Town Engineer and Town Attorney , and must be
submitted in accordance with the Commission ' s policy for
accepting deeds and easements (attached) .
Proof that Easements for the rights-of-way to lot #3 over lot
2 , and to lot #2 over lot #1 have been recorded shall be
submitted to this Commission at the time the final mylar is
filed in the Town Clerk ' s office.
3. Water shall be supplied to the dwelling on lot #2 by the
Metropolitan District Commission.
4. The dwelling on lot #2 shall be connected to the Town of South
Windsor Sanitary Sewer System, subject to the approval of the
Water Pollution Control Authority.
James H. Throwe, Esq. 2- 11/17/86
5. A turn-around driveway shall be provided on lot #2 , subject to
the approval of the Town Engineer .
6. A drainage assessment fee in the amount of $50 shall be
submitted to this Commission .
7 . The plans shall be modified to show iron pins at all corners .
8. Prior to building of any structure on lot #2 , a topographic map ,
drawn to a scale of 1" = 40 ' , shall be submitted showing the
proposed contours and elevations. No building permit will be
issued until the proposed contours and floor elevations ,
particularly the lower floor elevations , have been approved by
the Town Engineer .
9. Prior to commencement of any site work, a meeting must be held
with Town Staff .
10 . No building permit will be issued until the final mylars are on
file in the Office of the Town Clerk.
11 . This approval is subject to the conditions of approval of the
Inland Wetlands Agency/Conservation Commission.
Black and white transparent mylars of the plans, with the above
modifications , together with two blue print copies , shall be
submitted to this Commission to be stamped and signed . The letters
of approval of this Commission , as well as the Inland Wetlands
Agency/Conservation Commission , shall be reproduced on the mylars .
After they have been signed , the mylars will be returned to you and
must be filed in the Office of the Town Clerk within ninety (90)
days .
Yours very truly ,
PLANNING & ZONING COMMISSION
vg By: ecx-- L _
Louise C. Evans , Chairm6n
CC: Richard Martel , Town Engineer
Edward Belleville , Assessor
Marcia Banach , Planning Director
Thomas D' Auria , Building Official
Inland Wetlands Agency/Conservation Commission
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
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AREA CODE 203/644-2511
February 23, 1987
woe7299FainStreet
South---Windsor, Ct 06074
Dear Mr. Roe:
RE: Application #437
At the February 9, 1987 meeting, the South Windsor Inland Wetlands
Agency/Conservation Commission approved with conditions Application
437, Subdivision of a 6 acre parcel into 2 lots located at 1299 Main
Street, South Windsor.
The following conditions must be adhered to for this permit to be
valid:
1. The owner of the parcels must come before this commission
with a site plan for approval prior to obtaining a building
permit.
2. Construction activities shall be subject to the approval of
the Town Engi:.2er,
3. The application shall indemnify and hold harmless the Town
of South Windsor against any liability which might result
from the proposed operation or use.
4. The permit is valid for one year and shall expire
February 9, 1988.
Very truly yours,
K" - &WM0*;*W
Kevin Rennie, Chairman
Inland Wetlands Agency/
Conservation Commission
Town of South Windsor
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CC: A. B. Davies, Deputy Town Engineer
Richard Martel, Town Engin er
Marcia Banach, Director of Planning
Michael Gantick, Director of Public Works
Louise Evans, Chairman, PZC
Thomas D'Auria, Building Official
IWA/CC File
CAMP,, wILLIAMIS & IRICHARDSON
ATTORNEYS AT LAW
130 WEST MAIN STREET
POST OFFICE BOX 1597
EDWARD B.SCOTT NEW BRITAIN, CONNECTICUT 06050 HAROLD N.WILLIAMS
J. NOXON HOWARD COUNSEL
DONALD H.CLARK
CHARLES N.WILLIAMS TELEPHONES
KENNETH J.CARIFA December 17 1987 203) 225-6464(
203) 225-2 99 15
Ms. Marcia A. Banach
Director of Planning
Town Hall
1540 Sullivan Avenue
South Windsor, CT 060,7.4
Re: Roe Subdivision,)1299 Main Street
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Dear Ms. Banach:
The two approved maps of this subdivision were filed on
the Land Records December 16 , 1987 following payment of the
50 . 00 "drainage assessment" at your office. The maps show the
iron pins at all corners of the several parcels as required,
and show also the Conservation Area on Lot No. 2 , and the
Rights-of-Way to Lot No. 3 over Lot No. 2 and to Lot No. 2 over
Lot No. 1. Other documents on the Land Records include: the
Conservation "easement" (V.431, P. 363 ) , the easement in favor
of Lot No. 3 over a portion of Lot No. 2 W. 431F P. 366) , and
the easement in favor of Lot No. 2 over Lot No. 1 for street
access W. 468 , P. 466 ) . Your office has checked these and
reports satisfaction.
As your office records will show, Arthur Roe was appli-
cant for approval of this subdivision, represented by Attorney
Jim Throwe as counsel . After approval was granted Roe to pro-
ceed with subdivision (subject to detailed conditions recited
in P/Z/C letter to Throwe dated November 16, 1986 ) he concluded
sales of Parcel No. 3 to Kashita and of Parcel No. 2 to Howard,
having exchanged deeds with Howard to bring property No. 1305
and frontage on the brook section into compliance with zoning.
Wetlands approval granted February 9, 1987 cleared their juris-
diction (letter dated February 23, 1987) .
Thereafter, Roe has totally defaulted on his continuing
responsibilities to pay for finalizing the survey and to remove
the barn and garage encroachments on property No. 1305. Roe' s
default is compounded by Throwe who feels he is excused from
any responsibility for supervising completion of this project
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in dereliction of the obligation he assumed when he acted as
Roe's counsel in the sales of Parcels No. 3 and No. 2 and the
conversion of the two properties into cash proceeds for Roe.
As a result of this default , the follow-through re-
quired to salvage approval of this subdivision has fallen upon
John Howard , which up to now includes payment of the final
charges by the surveyor for pinning and completion of the de-
tailed maps required as conditions for approval. Howard is now
completing plans for building his new house on Parcel No. 2 .
Start of construction is not expected to be before August lst.
Current Wetlands approval expires February 9, 1988 and we under-
stand will require renewal.
Because Roe can be expected to continue his default, it
is requested that instructions for Wetlands extension be sent
to me as counsel for John Howard in order to be certain exten-
sion is applied for timely.
Removal of the barn and garage encroachments on the
enlarged No. 1305 parcel is Roe's commitment, as he confesses .
However, his getting the job done looks dubious despite re-
peated promises. We will continue pressure on him since the
Town apparently will not. That may not succeed by the time a
building permit for Howard ' s new house is needed. Until the
new house is ready for occupancy, the No. 1305 parcel he now
occupies will not be sold. It will have to be resolved whether
removal of buildings which encroach on No. 1305 is a condition
precedent to sale of the old houses, or on the issuance of the
permit to build the new house. The encroachments ought to be
treated as only affecting the enlarged No. 1305 parcel and i t s
eventual sale. That treatment would allow issuing the building
permit for the new house before the old buildings are removed
while giving more time to accomplish removal. If Roe' s default
continues to the time when sale of No. 1305 is imminent, then
it has been suggested that a cash-iequivalent bond be posted for
the cost of removal , prior to that sale. The pattern to be
followed will need to be defined in advance. It is requested
that we be given the opportunity for discussion with the commis-
sion to clarify planning well in advance of August.
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
soe•co''~ AREA CODE 203/644-2511
February 10, 1988
Arthur Roe CERTIFIED MAIL
1299 Main Street
SM fiT 06074,-_
3
6riii `kE? eirf -o n`=°°Appli ration #4 3 7, Arthur Roe
Dear Mr. Roe:
At the February 8, 1988 meeting of the South Windsor Inland
Wetlands Agency/Conservation Commission they approved a one-year
extension for the above mentioned application.
The extension becomes effective February 9, 1988 with an
expiration date of February 9, 1989 . All original conditions of
this permit still apply.
Very truly yours,
John M. Moran, Jr. Chairman
Inland Wetalnds Agency/
Conservation Commission
Town of South Windsor
JMM:mrl
cc: A. B. Davies, Deputy Town Engineer
Town Engineer
Planning & Zoning Commission
Thomas D'Auria, Building Official
Marcia Baruch, Director of Planning