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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 TELEP Fy 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. 7 Applicant OWNER at,< ZA, 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 It.CO 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. r - 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 src 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 owN BF, t y U 7_0 O- d&U&1at07 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 C Ole s 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 s.Co 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 DLB 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 s 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 C SO CgMP, WI1,1,IAM94 Ab RICSAAD001V 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. 2 i tO N Sf( T_aaCu 4 • o 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