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HomeMy WebLinkAbout199 Abbe RoadTOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMSSION IPLANNING AND ZONING CQMSSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY APPLICATION # THE PLANNING AND ZONING COMIS S I ON AT RECEI 7ED DATE:— 7 . — Tj1E REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: - FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE: HE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH THESDAY. APPLICANT: Vito Covensky ADDRESS: 490 Buckland Road, South Windsor CT 06074 TELEPHONE # 644-3231 OWNER OF RECORD 'ON S.W.,LAND RECORDS Vito Covensky ADDRESS: 490 Buckland Road, South Windsor, CT 06074 COMPLElt DESCRIPTION OF LOCATION OF PROPERTY_- 7 9 Abbe Road o h Wi ndanr CT See Attached Map ZONE RR NAME, ADDRESS A TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: William E. Grace, Esq. , 25 Oakland Road, South Windsor CT 06074 TELEPHONE # 644-1528 THIS APPLICATION IS FOR: (CHECK CUE OF THE FOLLOWING) 1. Zone Change to Zone (public hearing) 2. Filing for Subdivision XX 3. Filing for Open Space Subdivision (public hearing) - 4. Filing for Resubdivision (public hearing) 5. Special Exception to Article of the Zoning Regulations (public hearing) 6. Site Development Plan 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing) 8. Other (explain in detail) THIS PPALIGATION MUST 1E SIGNED BY THE APPLICANT AMID THE OWNER OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL HE ACCEPTED BY THE PLANNING AND ZONING SC VONT K VITO qWENSKY By By Will iarAPPLICANT E. Grace Wi 1 iam OMR E. Grace over) Jr N r v V toll" sc,( A O N d O710-a Ole S_ou ICNArCJ 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 cG ;. u OR•Cul- AREA CODE 203/644.25n 4 I March 5, 1984 CERTIFIED MAIL William E. Grace, Esq. 25 Oakland Road South Windsor, CT 06074 Dear Mr. Grace: The application of Vito Covensky requesting a variance to Section 5.3B of the Zoning Regulations to allow for less (.08 of an acre) than the open space as required for an open space subdivision, and requesting two variances to Section 5.2 of the Zoning Regulations for a 10-foot variance to the lot width requirements for lots #2 and #3, have been granted. In granting this approval, the Board noted that the Town will benefit by being able to connect, via a Podunk River corridor, the 60 acres of open space on the west side of Abbe Road with the open space previously established on the east side of Abbe Road. This is consistent with the Town's Plan of Development, and will allow for the preservation of the Podunk River Streambelt. This action is effective March 14, 1984, and upon filing of the enclosed form in the Town Clerk's Office. The Board also noted that Section 5.3A of the Zoning Regulations requires 120,000 square feet in the original parcel, in order to get three lots in the open space subidivison (3 x 40,000 - 120,000 square feet). Since the parcel in question contains only 115,,.000 square feet, another variance is required. Very truly yours, Edward Steben; Acting-Chairman Zoning Board of Appeals ES/src encl. i%p f ••alIql o teaja0l/FU 4 lUPM np G v 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 tiosoR.Coe AREA CODE 203/644-2511 April 9, 1984 CERTIFIED MAIL William E. Grace, Esq. 25 Oakland Road South Windsor, CT 06074 Dear Mr. Grace: The application of Vito Covensky, 490 Buckland Road, South Windsor request- ing a variance to Section 5.3A of the Zoning Regulations to allow less than the required square footage for a three-lot Open Space Subdivision on property located at 199 Abbe Road, South Windsor (RR Zone) , has been granted. In granting this application the Board noted that it was a technicality based on last month's action. This action is effective April 18, 1984 and upon filing of the enclosed form in the Town Clerk's Office. Very truly yours, Ccl Robert Warren, Chairman Zoning Board of Appeals encl. 40'0 N af, COD C T-awn- 017Souma 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f osOR.c0 AREA CODE 203/644-2511 April 16, 1984 Vito Covensky c/o "Ililliam E. Grace, Esquire 25 Oakland Road South 4indsor , Connecticut 06074 CERTIrIED IYi.4Ih Dear Sirs: At the April 9, 1984 meeting, the South I.-li ndsor Tnland- W'etlar_ds Agency approved with conditions Application ISO. 275 by (Tito Covensky for property located at 199 Abbe Road, South Windsor, Connecticut. The permit is based on the plans entitled "vitc Covensky Resubdi vision--Zone RR--Open Space , property of Vito Covensky, 199 Abbe Road, South Windsor , Ct. ," drawn by Tucek L—ngineering Associates, Tnc. , Sheet 1 of 2 , dated c/20/83; revised 11/28/83 and 2/5/84; Sheet 2 of 2 , dated 8/23/83; revi. sed 11/28/83, 2/5/84 and 2/28/84. The followinCDg conditions must be adhered to for th-s permit to be valid: 1. A Conservation Easement on Lot.,-- =t-2 and ,'3 shall be filed in the Office of theTown Clerk after approval by the Town Attorney and the Conservation Commission_. This easement is 122 ft. along the northerly side of hot #13 and 150 ft. along the westerly side of hots ; 2 and #3 forming a triangular piece. 2. The Open Space area is to be deeded to the Town of South Windsor: a. The area is to be monumented prior to ar_-- construction v ito Covensky c/o v'illiam E. Grace , Esquire 25 Oakland Road South °rindsor , Connecticut 06074 better of Permit - Application ivG. 275 April 169 1984 Fade 2. b. The area is to remain in is natural state C . The tennis court and related appurtenances are to be removed and the area returned to its natural state. This is to be accomplished prior to the area being deeded to the Town. J. The applicant shall indemnify and ',-old harmless the Town of South 'Jindsor against a.ny liability which might result frog the proposed operation or use. d, . The proposal is subject to the approval of the Toy;;n Jr_gineer. 5. 1h e permit is valid for one year ana s1aall ey:.ire if not initiated and comUleted 1%j; thin one year from. the date of approval. Ver-r truly ti ours, Constance Er-iksson, Chairman TC'„Ii OF 'OUT' --DSOR CE: chm cc : Emil :;. Ibucek, r. Ee & ib. S. A. -. Davies, Deputy Town Engineer Charles Eves, Town= Clerk Richard Ritteriband, Tokzr, Attorney Richard J. Sartor , Tovm ..Tanager Richard Ryan, Deputy I`vla,yor qobert Gilligan, Cha _rman, r ZC Kenneth Frill , Chairman, EDC Thomas D' .^uri a, uildirlg Cff i cial Teter De i, allie, Director of Manning y r T-0 O-P S d&z o 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 l osOR,co AREA CODE 203/644-2511 April 18 , 1984 William E. Grace , Esq. 25 Oakland Road South Windsor , Ct . 06074 Dear Bill : Re : App. #988 - Vito Covensky Open Space Subdivision Please be advised that the PUblic Hearing in the above matter has been scheduled for Tuesday , May 8 , 1984 , at 8 : 00 P. M. in the South Windsor Town Hall, in the Council Chambers. A sign advertising the hearing must be posted on Abbe Road in front of the proposed lots and must be clearly visible from the road. It should be posted no later than April 20th, and remain there for 10 consecutive days. The sign, which has already been paid for , may be picked up at the Town Hall . Yours very truly, PLANNING AND ZONING COMMISSION vg By: Al oblert F. Gilligan, airman CC: Emil Lucek & Associates 0 at T-0 O-P SIOU& ?40bZd414'0t v 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 01t•co' 2 AREA CODE 203/644-25U TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, APRIL 2,6 , 1984 THURSDAY, MAY 35/ 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION Notice is hereby given that there will be a public hearing of the Planning and Zoning Commission on Tuesday, May 8 , 1984 , at 8: 00 P. M. in the Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue, South Windsor , to consider the following: 1. Application of Vito Covensky, for an Open Space Subdivision in an RR zone, consisting of three lots on the west side of Abbe Road, south of Garnet Lane . 2. Application of the Estate of Moses Maskel, by Herman Maskel , Executor , for a zone change from A-30 to A-20 on 24. 5 acres, more or less, located east of Abbe Road , west of Barber Hill Road and north of Miller Road. 3. Application of Uccello & Ireland Builders, Inc. and Windshire Abbe Estates, Ltd. .for an Open Space Subdivision in an A-30 zone, consisting of 34 lots located south of Bourban Street , east of Ellington Road and north of Carriage Drive . Copies of these applications and maps more clearly defining the properties are on file in the Office of the Town Clerk of the Town of South Windsor. At this hearing , interested persons may appear and be heard and written recommendations will be received. PLANNING AND ZONING COMMISSION Robert F. Gilligan, Chairman David Sorenson, Secretary Zoning Board of Appeals May 3, 1984 HallSouthWindsorTown 7:30 p•m• en Warren, Murray (alternate for so , Murrin, Steb e Eriksll 155 4PRESENT: Cottl ion aPP cation # 1-8 ) Steben d W, and Bernadette M. Sadownick David- A lication #1546-84 uesting renewal of a ick appeared before the Bran in9family apartment b Mr, and Mrs• Sadown ermlt for led y year temporary and conditional p This apartment is occupied two y located at 9 Cliffwood Drive• has changed since the prior on property They stated that nothing their children.no intentions to rent it. f approval, and they haVe oke in favor othatnooneintheaudiencesp It was noted for the re oad lication. or in opposition to thisPP Craven Jr. 84 - Ann P. Craven and Robert L. A lication # 1547 ro erty they garage on their ro to be open d that they have a small crafts. The p Mrs. Craven state can sell handmade wish to refurbish so nhSaturday• two days a week and o application. Street, spoke in favor of this fp the neighborhood. 1828 Main ositionVirginiaMacro,of business will add to the audience spoke in opp She said this type It was noted for the record that no one In t to this application. e will worksventurE: id they do not know if this buSltleS such time as Mr. Robert Craven Sa lace until would be difficult to rent a p Therefore, they wish 2 out of not. It r of itable. know the business would be p rr when they tional permit. Mrs. Craven said the character a Izng. temporary and condi She also noted they have ample p the garage will not be changed he do have e Board, Mrfromths.Craven stated they In reply to questioning to house their automobiles. Mrs. Cottle garage on the property the Building Inspector since another g ro erty would be checked by probably be asked if this p P be using it. Mrs. Craven said thatwool p the public would to fall down, it garage isn t ready he rocedure. She did note that the g e of advertising t P Eriksson asked what typeMr. put up a hand carved sign. just needs refurbishing. would p they would do. Mrs. Craven said they She said she is President of the Historic District and has nd if the n that would detract from the uarters, h and ifit doesn't, of doing anything would move to larger q business works out they they would close it. A lication #1548-84 - Eleanor Dunn ace a 6- Ms. Dunn appeared before the Board requesting permissioBoBoulevard and fence on her lot on the corner of•Leshelsaid the traffic is ol foot stockade South Windsor (A-20 Zone) ard, and debris Pleasant Valley Road, Road, lights flash into her y heavy on Pleasant Valle} fete lack of privacy blowsows in, She said she has a comp application. I.t was no ted for the record that no one :spoke in favor of this Mrs. Rose Pastula, 889 Pleasant ValleatS49PleasantValleyRoaa, whic Y Road, stated that she owns propertyfaroutthefenceW h abuts this property. p P rtywouldcone, She sand she has a dr - Y' She asked bowanddoesn ' want this fence t 1 veW13 012 her Property0blockherlineofsight. P Y The Board discussed the exact locationdiscussedwhetherMs. Dunn's of the fence. The Board alsoapplicationshouldhavebeenadvertised 4underSection5.2 of the Zoning Regulations rather than SectionreplytoaquestionfromMr. Murrin, Ms. Dunn said she had consider In plantings but had rejected the idea because of the amount of time itforthemtogrow. time it takes Application *1549-84 - Vito Covensky Attorney Wayne Gerlt appeared before the Board representin thisesaidtheBloziepropertywhichsurroundsthis g is application. parcelnoticeasoneoftheareastobefloodedbytheSpa has been put on wouldn't be required_if this land had not b te. He said a variance being contiguous with open space land' is a reasonkPlanninge State because Commission will permit an area of less than 10 acres of open Zoning pen space. Attorney Gerlt said that the hardship is that the Stadjoininglandonnotice, but hasn't actually taken ite ets ant the of the State's action, they cannot Prooeed with their y d because open space project. It was noted for the record that no one spoke in favor of his aMr. Ed Greaves, 815 Avery Street, stated he was curious abopplication.this project would have on the area. ut the impact by the Board that whatever action was takenvthied maps and was assuredng, thewouldhavetogotoPlanningandZoningCommissionandInland-Wetlands.lands. Mr. Warren asked why they couldn't develop this property insubdivision. Mr. Gerlt said because it would be enfringin oonc propertytheStateisgoingtotakewiththeirmaximumfloodlineand property buffer area, the proposed Application #1 50-84 - K & B Farms Mr. Karl Reichle and Mr. Robert Blake appeared before the Board requestinga8' x 7' sign in front of their greenhouse on Oakland Road. Thethesignwouldbe25feetfromtheroadand60feetfromthe aid property line. closest It was noted for the record that no one spoke in fortothisapplication. a or of or in opposition Board members asked if the sign would be lighted. Mr. Reichle saidwouldnotbelightedatthepresenttime. Messrs. Blake and Reichleltstatedthattheywouldnotobjecttohavingthepermitforthissignexpireatthesametimeasthepermitforuseofthegreenhouse. Mr.Eriksson asked if they had received any complaints from the neighborsontheiroperation. Messrs. Reichle and Blake said they had received nocomplaints, and noted there was no opposition tonight. Application #1551-84 - Ed Steben Glass Company Mr. Steben is not sitting on this application. Mrs. Murray is his alternate. Mr. Steben appeared before the Board and said the State is requiring any glas shop that installs sun roofs and glass panels in vans to obtain a General Repairer's License. He said they are objecting to this with the Motor Vehicles Department, but if it goes through, he will need the license. No one in the audience spoke in opposition to this application. Mrs. Rose Pastula, 889 Pleasant Valley Road, stated that Mr. Steben's business is a credit to the community. Mr. Eriksson stated that approval of the General Repairer's License would have to be contingent on passage of this law by the State. Mr. Steben said he would agree to that. He said he doesn't plan to change anything on this site. WORK SESSION Application #1551-84 Ed Steben Glass Compan Mrs. Murray is sitting for Mr. Steben on this application. Mr. Eriksson moved to grant the application of Ed Steben Glass Company for a State Hearing under Section 14-54'and 14-321 of the General Statutes for a General Repairers License on property located at 454 Ellington Road South Windsor (RC Zone). He noted that this approval was contingent on the State of Connecticut requiring installers of motor vehicle windows to obtain a General Repairers License. He also noted that this license would be necessary to continue the business, and there would be no expanion connected with this on the site. The motion was seconded by Mrs. Murray, and voted unanimously in favor. EFFECTIVE DATE: May 16, 1984 Application .#1546-84 -David W. and Bernadette M. Sadownick Mr. Steben moved to grant renewal of a temporary and conditional permit for an in-family apartment on property located at 9 Cliffwood Drive, South Windsor (RR Zone). Any previous conditions of approval shall remain in full force and effect. He noted that this is a family situation, and approval does not make this property income producing. If the family situation should change, the home will have to be restored to a one-family condition. The motion was seconded by Mr. Murrin and voted unanimously in favor. EFFECTIVE DATE: May 16, 1984 Application #1547-84 - Ann P. Craven and Robert L. Craven, Jr. Mr. Murrin moved to grant this application for a two-year temporary and conditional permit for retail sales of handmade crafts to operate out of a small accessory building on property located at 1712 Main Street, South Windsor (A-40 Zone) . This approval is subject to operation of the business not more than two days a week and Saturday. The motion was seconded by Mr. Steben, and voted unanimously in favor. EFFECTIVE DATE: May 16, 1984 Application #1548-84 - Eleanor Dunn After discussion the Board concurred that this application must be readvertised and reheard at the public hearing next month because it was advertised under Section 3.9 of the Zoning Regulations and should have been advertised under Sect' ng Regulations. The applicatio d heard at no ra cost to Ms. Dunn. A er be sent to Ms. Dunn advis' her of is. Application #1549-84 - Vito Covensky e e t they had a classic hardship. Mr. Warren expressed concern that the Board was being put in the position of giving consideration to requiring less than the mandatory open space without knowing the thought process that Planning and Zoning Commission goes through. Mr. Murrin also expressed concern that the abutting land would be owned by the State and not the Town. Mr. Eriksson said that Attorney Gerlt said the Planning and Zoning has acted favorably on State ourned land in the past. He said there would be no water on this land, just reserved for excess run-off. Mr. Murrin moved to table this application until Mr. Warren could confer with Mr. Gilligan, Chairman of Planning and Zoning Commission, on what type of things they take into consideration when looking at exceptions to the amount of open space, and whether State-owned land is included in the calculation of open space. The motion was seconded by Mrs. Cottle. Cottle, Eriksson, Murrin and Warren in favor; Steben opposed. The motion was carried and so ordered. Application #1550-84 - K & B Farms Mr. Eriksson moved to grant this request for a temporary and conditional permit for a 8' x 7' sign on property owned by Lois Petersen located on the south side of Oakland Road, west of the Mobil Station, South Windsor (RC Zone). He noted that this application shall expire on September 15, 1985, which is the same time the temporary and conditional permit for operation of the greenhouse will expire. The motion was seconded by Mr. Murrin, and voted unanimously in favor. EFFECTIVE DATE: May 16, 1984 Sydnie R. Cote, Secretary PLANNING AND ZONING COMMISSION MAY 8 , 1984 PUBLIC HEARING & SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT : Montana, Conde , Smith , Sorenson ALTERNATES PRESENT: Klenke (sitting for Gilligan) ; Hallowell (sitting for Sorosiak) The secretary read the legal notice as it appeared inthe newspaper , a copy of which is attached hereto . Mrs . Montana chaired the meeting in the absence of Mr . Gilligan. PUBLIC HEARING 1 . Application of Vito Covensky for an Open Space Subdivision in an RR zone , consisting of three lots on the west side of Abbe Road , south of Garnet Lane . Attorney William Grace represented the applicant and stated that he originally had filed an application a couple of months ago which they withdrew. They have approval from the Inland Wetlands Agency, and have been to the Zoning Board of Appeals and have 10 ' width variances for Lots #2 and #3 , and a variance for less than the required square footage for the 3 lot open space subdivision . They will be giving the Town 24 , 880 sq . ft . of open space along the Podunk which connects with open space given to the Town by South Ridge Estates , and will enable children to walk to Eli Terry through the open space . Emil Lucek of Lucek Engineering Associates explained that the first lot contains a house , swimming pool , and there is a tennis court on the area of the open space to be deeded to the Town . The average lot size is about 30 , 120 s . f . , and the regulations require about 28 , 448 s . f . of open space and they are providing 24 , 880 s . f . The open space area is 10 ' from the center line of the Podunk . Lots #2 and #3 have a stream and conservation easements have been established so that the land will be preserved in its natural state . Sanitary sewers are available on Abbe , and the lots will be served by wells unless Savin Woods water comes closer to a point where it can be brought in . Average lot size in the adjacent Savin Woods is about 23 , 000 s . f . and Wood Pond lots average about 22 , 000 s . f . The Maskel subdivision across the street has even smaller lots . Attorney Grace explained that the plan shows the existing tennis court to be removed and Inland Wetlands thought it would be best to remove it , however they would like a recommendation from the Commission since it is perfectly good . Mr . Grace concluded that this area is basically an A-20 area . Planning Director DeMallie reported that this plan is the preferred alternative from the Planning Department ' s perspective . They have connected the open space to the west with the open space across Abbe Road . Wetlands required easements to the rear of Lots #2 and #3 , and they have secured the variances they required , and the lots are similar to others in the area . Planning & Zoning Co mission 2- 5/8/84 3 13 L Town Engineer Martel repo ted that the plot plan should be modified to give MDC coordinates , the building lines should be shown , the sluice structure and what is to be done with it should be shown, and there is a make-shift foot-bridge in the area of the swimming pool which should be removed . He also noted that the northerly line with the open space should be defined in metes and bounds . The public water feasibility should be investigated to service these lots with water . No one in the audience spoke in favor of , or in opposition to this request . Mrs . Montana suggested that the cost of maintaining the tennis court be investigated by the Town staff . 2 . Application of the Estate of Moses Maskel by Herman Maskel , Executor , for a zone change from A-30 to A-20 on 24 . 5 acres , more or less , located east of Abbe Road , west of Barber Hill Road and north of Miller Road. Attorney Harold Cummings was present on behalf of the applicant and pointed out the parcel on a map , and noted that it is bisected by a CL&P easement . The adjacent land to the southwest is zoned A-20 ; to the north and east is zoned RR and the Dzen land to the south is zoned A-30 and is planted with Christmas trees . CL&P has an easement to Abbe Road . Mr . Cummings said that this area seems to be settling in an A-20 area , and across the street is Wood Pond and Savin Woods where the average lot sizes are 24 to 27 , 000 s . f . They have no formal agreement with the owners of the A-20 parcel to the west (Riester & Covensky) but they may tie in those parcels . Mr . Lucek of Lucek Engineering Associates noted that there are no sanitary sewers in Abbe Road but they come out of South Ridge right up to Abbe and it would be a short extension . Water is up to Abbe and can be carried through . Drainage upstream is not a problem because it is the second highest point in South Windsor . Downstream can be adequately drained but it will depend upon what happens with the Riester & Covensky parcel . Mr . Cummings said if this parcel is developed most of the lots would be larger than 20, 000 s . f . Mr . DeMallie reported that if this is approved some surrounding property will still be A-30 (Gould and Dzen) and this could be construed to be spot zoning . If the Commission chooses to grant this approval it may wish to take the initiative to change the other properties . The Comprehensive Plan showed one acre lots . The adjacent open space subdivisions have basically half-acre lots . Michael Dzen said he questioned if property values in surrounding A-30 zones would decrease if this land is zoned A-20 , and pointed out that this is a beautiful area . He also questioned if A-30 zones provided a larger tax base for the Town . Commissioner Hallowell raised a question about the capacity of the sewer system and whether it could handle a subdivison. Planning & Zoning Commission 3- 5/8/84 Mrs . Montana noted that it is true the surrounding lots are about half an acre, however , those subdivisions are open space . She asked Mr . Cummings if they would be willing to donate some land to the town for open space , and Mr . Cummings noted that there are about 25 acres in this parcel and they could come up with an open space subdivision . Mr . Conde asked where they will drain to , and Mr . Lucek said they are working on a layout for a joint project consisting of the Maskel/ Riester/Covensky properties and it will drain to the south with a detention system on the Riester property . Mrs . Klenke suggested that the .Commission review the Minutes of the meeting in which the Riester /Covensky zone change to A-20 was granted . 3 . Application of Uccello & Ireland Builders , Inc . and Windshire Abbe Estates , Ltd . for an Open Space Subdivision in an A-30 zone, consisting of 34 lots located south of Bourbon Street, east of Ellington Road and north of Carriage Drive . Attorney Frank Ahearn was present on behalf of Uccello & Ireland and stated that they are asking for an open space subidivison to the south of Bourbon Street and south of Windshire Abbe on 28 . 5 acres . It is currently zoned A-30 and the regulations require 30 , 000 s . f . lots with 150 ' frontage and 150 ' depth . Section 5 . 3 says the overall area can be reduced to 17 , 500 s . f . with frontage of 100 ' and depth of 125 ' . They propose to give the Town 7 acres of open space , and a detention basin will be located in this area . The applicant has been before Inland Wetlands , and Mr . Ahearn said they had a layout for 34 lots which was approved with the understanding that Lot 5 and 6 would not be built upon until the road was changed . The sewer commission has also approved the layout . This application exceeds the requirements of 5 . 3 . The open space concept will allow the applicant to build in certain spots and retain conservation lands. Mr . Emil, Lucek of Lucek Engineering reported that test borings were taken in the entire area . The average lot ,size is 22 , 000 s . f . and regulations require 6 . 92 acres of open space . They are providing 7 acres which will connect to the open space to the north in Windshire Abbe which is about 711 acres , which creates a total open space area of 141-2 acres . Mr . Lucek continued that there is a 50 ' strip coming out to Ellington Road which would make a logical entrance to this property , however , they have gotten feedback from the Town Hall that this would not be desirable and would create a poor intersection, so they are going in througl Bourbon Street . That land still belongs to Windshire Abbe and they have an option to buy 2 . 8 acres . Attorney Ahearn said that considerable effort went into the layout of these lots after discussion with Inland - Wetlands in order to conserve and preserve what is appropriate and still allow an owner of land to make reasonable use of the land . Planning & Zoning Commission 4-5/8/84 Town Planning Director DeMallie then reported as follows :Lots 3 , 4 , 5 , 6 , 11 , 12 , 32 and 33 had surface water conditions when he was there and appear to be a marsh . Part of #32 is a pond,and these lots are questionable , and a lot of care would have to betakentoensuretheyarebuildable . He has no major concerns with the remaining 26 lots . There. is a mature stand of trees at the westerly ends of Stonehenge and Shag Bark which are highly desirableandtherearesomewetlandsbutthatcanbeworkedout . Access tothisparcelfromBourbonStreetisofconcern. The marsh area , pondandbrookshouldbeindicatedontheplans . Section 2 . 3 . b of theSubdivisionRegualtionsgivestheCommissionthepowertomodify thesize , location and shape of the open space land and considerationshouldbegiventothis . The right to extend Stonehenge RoadtothewestpasttheCLPright-of-way should be obtained , because they do exceed the 600 ' . A recommendation was made to obtain anERTenvironmentalreport , however , the applicant never gave permission. At this point a discussion ensued with Attorney Ahearn regardingtheERTreportandwhyitwasdesirable, with Mr . Ahearn maintainingitwilladdanotherlayerofbureaucracy, and Inland Wetlands have already approved this application . He also questioned who the experts" who make up an ERT team are . Mr . DeMallie concluded that 26 lots could be suitable , but the other 8 are questionable . He suggested the Commissioners walk this site . Town Engineer Martel then gave the following report : The drainage needs more work as to the elevation of the cross lateralatStation7+00 Bridle Wood Road , and is about l ' lower than theoutfallstructure1700 ' downstream. The outfall structure at theendofStonehengeRoadisatthesameelevationastheoutfall structure approximately 900 ' downstream. Due to the flatness of theparcelandthesensitivitytodrainage , the plans should indicatel ' existing contours , 1 ' proposed contour-s (grading plan) , field verified centerline road profile , and estimates of fill material needed for final grading. Also , estimates of undesirable material on the site should be provided . A drainage swale will work to the rear of lots 5 and 6 which would eliminate a small piping system and an encumberance on the lots . Due to the existing water conditions it may be necessary to have up to 18" of gravel base for the roadway and possibly an underdrain system in conjunction with the storm sewer system. On Sheet #5 of the profile the 362 L . F . of sanitary sewer line must be corrected . The sanitary laterals should be shown on the plan/profile sheets . Page 8 must be corrected to properly number the lots . Quantity estimates should be supplied to determine the amount of bonding , and elevations of 243 . 00 for garagefloorsarerequiredforeitherfinishedfloorsorbasements , whichever is lower. There is also a good possibility that underdrains may be required for a majority of the houses . Planning and Zoning Commission 5- 5/8/84 Attorney Harold Cummings spoke and said he was present on behalf of the applicant , Windshire Abbe Estates , who also signed the application since they still own a small portion ofthis land . Mr . Cummings said they have spent over $50, 000 in engineering work to design a comprehensive plan for drainage of this entire area of Plum Gulley Brook , and also gave a large open space parcel to the Town. This will not be another Avery Brook situation . Mr . Allen Tannenbaum of 118 Crriage Drive said the easement runs along his property line and he wants to be certain the sewer is not installed on his property . He said he has no objection to the develop- ment in back of him. Mrs. Montana informed him that the Commission would make sure the easement is delineated. Mr . Richard Kelley of Rosemary Lane spoke in favor of this application, and pointed out that these lots could be buildable if care is taken . Mr . Art Dio of Bourbon Street said he is a hunter and has spent consider- able time in this area and has concerns with many of the lots since there is a lot of water in the area depending upon the time of year , and said he would like to see an ERT report . Mr . Bruce Cohen of Lot #66 on Burbon Street said he is concerned with the swampy area , and Linda Cutler of Bourbon Street suggested another outlet , perhaps to Carriage Drive . Philip Ireland , one of the applicants , spoke at length about this land and pointed out that part of the problem with the wetness is manmade . He said someone dug out an ice-skating rink near Lot 32 , and he reviewed photographs with the Commission showing a spring and drainage outlet into his property . He also pointed out that if the Town had permitted him to go out either to Carriage Drive or Ellington Road , he would not have had to go through these wetlands with a road , and he has no alternative . Mrs . Klenke asked if water from the Sheridan property was taken into consideration and Mr . Lucek replied that it was all part of the same watershed and had been taken into consideration . Mrs . Smith asked how much of the open space is wet , and Mr . Lucek said about half of the 15 acres . In this application about 35% is wet . Mr . Conde asked how they will handle the drainage pipe from Ellington which empties on Lots 5 and 6 , and Mr . Lucek said they will pipe it along the rear of Lots 5 and 5 and swale it . He then asked if that was the only spring in the area , and Mr . Lucek said it ' s the only- one he saw. Mr . Conde asked how much of the open space is usable , and Mr . Lucek said he would guess about 30% is in the 100 year flood plain . Planning and Zoning Commission 6-5/8/84 Mrs . Montana suggested that a map of this area , as well as Windshire Abbe , be pieced together before a work session is held . She also noted that the Inland Wetlands approval letter specifically stated that Lots 5 and 6 were not approved . Mr . Hallowell pointed out that Stoneghenge does not conform to the regulations unless it can be shown the road could continue past the CLP easement . Mr . Ireland said he has a letter from CLP stating it could. Mr . Lucek pointed out the IWA did not want the sewer running through the easement , and Mr . Hallowell said that in that case they have not demonstrated that they could extend either Bridle Wood or Stonehenge and before the work session they should do so . He also pointed out that the ERT report is a good tool for both the Commission and the applicant . Commissioner Conde said he thinks it would be desirable for the. ERT report to be requested as soon as the applicant comes in since it take quite a While and the staff should recommend this early in the game. Mr . Ahearn said they have reconsidered and would not object to the report if the Commission thinks it would be helpful , and Mr . DeMallie pointed out that due to time constraints it couldn ' t be obtained prior to a work session on this application . There being no further business the public hearing was adjourned . SPECIAL MEETING 1 . Request for motion granting 90 day extension to file final plans for Savin Woods, Olde Wapping Realty , Inc . , Jean Marc Jacques , and Douglas Johnson Mr . Hallowell moved the following applicants be granted a 90 day extension of time in which to file the final plans : App . #960 - Old Wapping Realty , Inc . , from May 20th to August 18 , 1984 ; App . #903 - Savin Woods , from May 28 , 1984 to August 26 , 1984 ; App . #975 - Jean Marc Jacques , from June 4 , 1984 to September 2 , 1984 ; App . #976 - Douglas W. Johnson, from June 4 , 1984 to September 2 , 1984 . Mr . Sorenson seconded the motion and it was unanimously voted in favor and so ordered . 2 . Kayak Manufacturing Co . , 1249 John Fitch Blvd . , I zone Mr . Barry Hyman was present and explained that he was issued a building permit for modifications to the building on this site , and didn ' t realize that the use he proposes is not permitted in an I zone . He is planning to go to ZBA for a variance , but in the meantime has a grand opening planned . After discussion the Commission concurred that under the circumstances he could consider the grand opening a special event and under section 3 . 17 . 1 a Temporary and Conditional permit could be granted . Planning & Zoning Commission 7- 5/8/84 There being no further business , the meeting was adjourned at 11 : 00 P . M. Respectfully submitted , i Virginia S . Granev , Recordingesecretary APPROVED : c OWN se.4 s v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 Solt-co AREA CODE 203/644-25n TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, APRIL 26 , 1984 THURSDAY , MAY 3 , 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNINGAND ZONING COMMISSION Notice is hereby given that there will be a public hearing of the Planning and Zoning Commission on Tuesday, May 8 , 1984 , at, 8 : 00 P . M. in the Council Chambers of the South Windsor Town Hall , 1540 Sullivan Avenue, South Windsor , to consider the following: 1 . Application of Vito Covensky , for an Open Space Subdivision in an RR zone, consisting of three lots on the west side of Abbe Road , south of Garnet Lane . 2 . Application of the Estate of Moses Maskel , by Herman Maskel , Executor , for a zone change from A-30 to A-20 on 24. 5 acres , more or less , located east of Abbe Road west of Barber Hill Road and north of Miller Road . 3. Application of Uccello & Ireland Builders , Inc . and Windshire Abbe Estates , Ltd . for an Open Space Subdivision in an A-30 zone, consisting of 34 lots located south of Bourban Street , east of Ellington Road and north of Carriage Drive . Copies of these applications and maps more clearly defining the properties are on file in the Office of the Town Clerk of the Town of South Windsor. At this hearing , interested persons may appear and be heard and written recommendations will be received. PLANNING AND ZONING COMMISSION Robert F . Gilligan , Chairman David Sorenson, Secretary 0%414 Sf,< 4 r T-0 Sou ?dznO wv 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f psoR.co AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, JUNE 30 , 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the June 25, 1984 meeting, the Planning and Zoning Commission voted to take the following action : 1 . Approve ,with modifications , the application of Vito Covensky for an Open Space Subdivision of three lots in an RR zone , located on the west side of Abbe Road, south of Garnet Lane . 2. Approve , with modifications, the application of R. J. Alexander , Inc. for a resubdivision of 6 lots located on the south side of Brookfield Street , opposite Wentworth Drive , in an A-20 zone . 3 . Approve , with modifications, the application of JCP Wood Products , Inc. for a site plan of development for property located at 560 Nutmeg Road North , I zone . 4 . Approve a temporary and conditional permit for stockpiling on property located on the west side of Clark Street , north of Smith Street , for J . M. J . Construction Company, to expire June 25 , 1986 . Dated at South Windsor, Connecticut this 26th day of June , 1984 . PLANNING AND ZONING COMMISSION Robert F. Gilligan, Chairman David Sorenson, Secretary owN af to r 0-1 o v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 0It'-C AREA CODE 203/644-2511 July 2 , 1984 Mrs . Constance Eriksson, Chairman Inland Wetlands Agency 1540 Sullivan Avenue South Windsor, Ct . 06074 Dear Connie : Re: Vito Covensky Open Space Subdivision West Side of Abbe Road The Planning and Zoning Commi sion recently approved the above 3 lot subdivision, and in reviewing Inland Wetlands approval letter , we notice that condition #2c requires the tennis court and related appurtenances to be removed . The Planning & Zoning Commission considered leaving the tennis court as is,, and we would appreciate hearing from you regarding why Inland Wetlands thought it would be desirable to remove it , before we proceed. Sincerely , PLANNING & ZONING COMMISSION v g By :. U"C Robert F. Gilligan, Cha ' man pow" 8E H T-a O-P sC wLP 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 OR-CO AREA CODE 203/644-2511 July 11 , 1984 Robert F. Gilligan, Chai rman Planning and Zoning Commission 1540 Sullivan Avenue South Windsor, Connecticut 06074 Dear Bob: RE:Vito Covensky Open Space Subdivision West Side of Abbe Road The Inland Wetlands Agency specified the removal of the tennis courts and related appurtenances because of their poor condition, the need for future maintenance by the Town and most of all are not in keeping with the intent of the proposed Open Space corridor along the Podunk River. Very truly yours, 01 Constance Eriksson, Chairman INLAND WETLANDS AGENCY TOWN OF SOUTH WINDSOR CE: chm Pitt, JUL Pl44ni'N Comftriss.rotl PATTERSON. CASEY, HALPERN, GRACE & DOMISROWSKI, P.C. ATTORNEYS AT LAW 25 OAKLAND ROAD SOUTH WINDSOR,CONNECTICUT 06074 2031 B44-1528 RICHARO G.PATTERSON 165 SILAS DEANE HIGHWAY JOHN M.CASEY WETHERSFIELD.CT 06109 KENNETH S.HALPERN 203]563-2B34 WILLIAM E.GRACE JOHN W.DOMBROWSKI,JR. u S tNANCEKRISCENSKICASTILLOAugust 6, 1984 Ms. Ginney Graney Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor CT 06074 RE: Property of Vito Covensky 199 Abbe Road South Windsor CT 06074 Dear Ms. Graney: Enclosed please find the following documents as requested by the Planning and Zoning Commission with respect to the above-referenced property: 1. Mylars; 2. Bond for $2, 000. 00; 3. Warranty Deed for the Open Space to the Town of South Windsor; 4. Certificate of Title regarding the open space; and y yl 5. A check for filing fees. If you have any questions, please contact me. Very ad!":, yours William E. Grace WEG:mgs Enclosures This is not included with this package. The Certificate of Title will be sent to you upon completion of our title work. Cz 4.*4femo from TOWN OF SOUTH WINDSOR TOWN HALL SOUTH WINDSOR,CONN.06074 C i TO Richard M. Rittenband, Esq . DATE August 22 , 1984 Town Attorney 1734 Ellington Road L South Windsor, Ct . 06074 SUBJECT: App . #988 _33to Covensky, Open Space Subdivision FOLD- Enclosed herewith are copies of the Warranty Deed for the open space along the Podunk River which is being deeded to the Town, the Conservation Easement , -and Certificate of Title . The legal descriptions have been approved by the Engineering Department , and I believe these are ready for Town Council acceptance as soon as you approve the legal form of the deeds. CC: Eileen Jalet, Clerk of Council By Virginia Graney, Sec . PLANNING & ZONING COMMISSION L f , a ram„^ „ n:r a) . IRENE PELLETIER cojth WindSOr120MASKELROADCommissw SOUTH WINDSOR, CT 06074 planning & Z°rlin2 TEL. 520-5100 (0) 644-4531 (H) July 27, 1987 Mrs. Louise Evans, Chairperson Planning & Zoning Commission Town of South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Re: Coven Mountain Subdivision Dear Mrs. Evans: As you can see by the postmark on the enclosed copy of the envelope in which I received a copy of Chief Tyler's Memorandum dated July 21, 1987, this memorandum was not mailed to me until July 23, 1987 and consequently not received by me until Friday, July 24, 1987, three days after the public hearing on the Coven Mountain Subdivision. Therefore, I hereby submit to you a copy of my reply to Chief Tyler's recommendation to you that "Maskel Road should be extended northward to tie into the proposed project's road network" and ask that you kindly consider my letter in your workshops when the Coven Mountain subdivision is discussed. Thank you for your consideration. Very truly yours, P-e J1119 ENE PELLETIER Encs. IRENE PELLETIER 120 MASKEL ROAD SOUTH WINDSOR, CT 06076 July 27, 1987 Gary K. Tyler Chief of Police South Windsor Police Department 151 Sand Hill Road South Windsor, CT 06074 Re: Coven Mountain Subdivision Dear Mr. Tyler: Thank you for your letter dated July 21, 1987. After having had the opportunity to review your letter, I still question the necessity for extending the northerly end of Maskel Road. In my letter to you dated July 7, 1987, I specifically asked if you have any knowledge and/or if there was a record of any incident or time which an emergency vehicle and personnel response was hindered by not having a second access to Maskel Road. I too am concerned for the safety and well being of my family and neighbors. For this reason, I would not oppose the opening of the cul-de-sac if there was even one instance in the 27 years that Maskel Road has been a cul-de-sac in which someone's safety and well being was jeopardized due to inadequate access to Maskel Road. You replied to my inquiry by stating "there was one occasion when another access route would have been helpful when there was a fire in the area. " Per Fire Marshal William Lanning's letter to me dated July 15, 1987 (copy enclosed) , Mr. Lanning states " [t]he fact that there is only one access to Maskel Road had absolutely no bearing whatever on the severity of the fire or the death that resulted because of it. " Further, Maskel Road is situated in the northeasterly section of town and is approximately one-half mile from the East Windsor town line. All of the town's fire houses, as well as Police Headquarters and most of the town's population are situated to the south and southwest of Maskel Road, as are all of the major streets in Town along with access to the highway. Therefore, wouldn't emergency vehicles, which should always seek the quickest route, approach Maskel Road from the southerly end of Abbe Road rather than the northerly end of Abbe Road? Gary K. Tyler Chief of Police July 27, 1987 Page 2 I also question your comment "a through street may or may not increase traffic flow. " Why extend a cul-de-sac if no one is going to use it as a through street? Additionally, you are correct in assuming children would be instructed to walk on the road shoulder. However, even children who have been instructed to walk on the road shoulder have been struck by on-coming motor vehicles. Approximately four years ago a 12 year old girl was struck and killed by a motor vehicle while walking on the road shoulder of Avery Street (also a street without sidewalks) . Also, I do not agree with your comment "vehicle speed would be controlled by 25 mph speed signs. " The operator of a motor vehicle controls the speed of the vehicle. A speed sign merely indicates the established maximum speed allowed by law under perfect conditions. It cannot control the speed at which an operator chooses to drive. An obvious example is the inability of the 55 mph limit to keep vehicle speed at that limit. I have been informed by the PZC, the Town Engineer and the Assistant Town Planner that the extension of Maskel Road is called for in the town's plan. I asked the Town Engineer, Mr. Martel, where I could get documentation that states Maskel Road is only a temporary cul-de-sac. Mr. Martel produced what appeared to be original subdivision plans of Maskel Road which had the word "temporary" written in in front of "cul-de-sac" on the street name "Maskel Road" . This subdivision plan also shows two streets off of the easterly side of Maskel Road along with a number of building lots to the rear of my property. I question the accuracy of these drawings since there are no such streets off of the easterly side of Maskel Road and no homes exist behind my property. I see no reason why a Temporary" penciled on the map in front of the cul-de-sac should carry any credence when it is on a map with phantom streets and homes. When I asked the Assistant Town Planner for a copy of the document which states Maskel Road is a temporary cul-de-sac, it was unavailable. It had been "sent out to the printers to be updated. " It seems obvious that if the town plan is constantly being updated in this fashion by the PZC's actions then there is no reason why a decision made by town planners over three decades ago should now hold more weight than the sentiments of the Town's current inhabitants, Gary K. Tyler Chief of Police July 27, 1987 Page 3 especially when the PZC's actions are supposed to reflect those sentiments. Based on all of the foregoing, I strongly urge you to reconsider your recommendation that Maskel Road be extended. Should the PZC approve and require Mr. Covensky to extend the northerly end of Maskel Road, all that would be accomplished is (1) a great monetary loss to Mr. Covensky as he will lose a number of building lots as well as have to pay for the actual costs of the extension, and (2) the value of properties on Maskel Road will depreciate (see attached letter from Elizabeth Gerstung Appraisals, Inc. ) , and (3) a decrease in local inhabitant's safety without any offsetting safety benefit to the rest of the town's population. If for any reason you are not yet satisfied that extending the northerly end of Maskel Road would serve no practical purpose, please contact me so we may discuss this matter further. Very truly yours IRENE PELLETIER cc: Louise Evans, Chairwoman Planning & Zoning Steven Geild, The Hartford Courant Eileen McNamara, Journal Inquirer pow N aE4< 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 osoe,co AREA CODE 203/644-2511 July 15 , 1987 Mrs. Irene Pelletier 120 Maskel Road South Windsor, Conn. 06074 Dear Mrs. Pelletier: In answer to your letter dated July 7, 1987 in regard to the dwelling fire in which Mrs. Moir perished. The fact that there is only one access to Maskel Road had absolutely no bearing whatever on the severity of the fire or the death that resulted because of the fire. Although I do prefer streets that do not limit our access it is not always possible to achieve. Blocked access could occur due to heavy drifting snow or trees or wires down. These are things that we cannot prevent and even streets that do provide access from either end could still be blocked under such conditions. In this particular instance that death occurred due to delayed discovery of the fire which in turn meant that the Fire Department was not notified until the fire was quite severe. Mrs. Moir had expired without any doubt prior to the arrival of the Fire Department. The major problem that the Fire Department had in extinguishing this fire was lack of fire hydrants within close proximity to the location. Very truly yours, William R. Lanning Fire Marshal ELIZABETH GERSTUNG APPRAISALS, INC. P.O.BOX 761 203-659.1500 GLASTONBURY,CT.06033 203.633-0364 203.633.5075 June 24, 1987 To Whom It May Concern: It has been my experience as an appraiser that homes located on cul-de-sacs command higher prices than those located on through streets. Cut-de-sacs have considerably less traffic and are more child safe thus increasing their appeal, marketability and value. Elizabeth R. Gerstung, SRA ERG:pg ld.!•{ri[fic?a:y 4+'.':u Y:.?:y.ZCf ed's'.1':':.!i d•: rti• _;!i`-*"'-;i'•• _'••'`i•<`•:;':. t M S},7+1 i...r,t.Y•a-.,'.j:r: .. • flf' t.;.:•• rr`•. ...t'.1a-.j. rvs' '.ee•: f,. :_L v' - Y tr 1 f 7 3 151 SAND HILL ROAD OBpR•`' SOUTH WINDSOR, CONN. 06074 J'.it 23•c e!'.r.-r- xv Mrs. Irene Pelletier 120 Maskel Road South Windsor, Ct. 06074 POLICE DEPARTMENT 146 POLICE 151 SAND HILL ROAD • SOUTH WINDSOR, CONN.06074-2784 AREA CODE 203/644-2551 July 21, 1987 Mrs. Irene Pelletier 120 Maskel Road South Windsor, Connecticut 06074 Dear Mrs. Pelletier: Thank you for your letter of July 7, 1987. I am sorry for my tardy response, but I have been very busy since assuming command on July 6. I have reviewed the plans for the Coven Mountain Subdivision and would agree with former Chief Ryan that Maskel Road should be extended. In the interest of public safety it makes the area easier to patrol and access in time of emergencies. , A through street may or may not increase traffic flow, depending on its location. I would also assume that children would be in- structed to walk on the road shoulder, and that vehicle speed would be controlled by 25 MPH speed signs. I understand that Maskel Road has been a cul-de-sac for some 27 years, but it appears to have been planned for extension when the need arose. I checked with our staff and determined there was one occasion when another access route would have been helpful when there was a fire in the area. I hope this answers your questions, and if I can be of further assistance please call me. e truly yours, G y K. yler GKT:eoc Chief f Polic cc: file Louise Evans, .Chairman Planning & Zoning 0 MEMORANDUM To:Louise Evans, Chairman of Planning & Zoning From: Chief Gary K. Tyler Date: July 21, 1987 Subject: Coven Mountain Subdivision Dear Mrs. Evans: I have had the opportunity to review the plans for the Coven Mountain Subdivision, and I concur with former Chief Ryan's opinion that "Maskel -Road should be extended northward to tie into the proposedIt project's road network. It is desirable that public safety vehicles have more than one access point to a given location. r truly yours, Ch of G K. T r GKT:eoc cc: Michael •Gantick, Director of Public Works William Lanning, Fire Marshal Mrs. Irene Pelletier