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HomeMy WebLinkAbout201 West Road (2)TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION IPLANNING AND ZONIN G CO SSION ACTION THIS APPLICATION SHA L BE ACCEPTED BYAPPLICATION # THE PRECEI'IED DATE: CANNING AND ZO NG COMMISSION AT THE REGULARLY SCHED D MEETING ON THEAPPROVALDATE: FOURTH TUESDAY OF MONTH. IT SHALL I REJECTED DATE: BE SUBMITTED TO THE LANNING ANDRECEIPT # ?ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH 11UESUAY. APPLICANT: T.M.G. Construction Corp. ADDRESS : 1179 Boston Post Road, Old Saybrook, CT 06475 TELEPHONE # 388-1244 OWNER OF RECORD ON S.W. LAND RECORDS Helen S. Stozus, Albert J. Setsky, Co-Trustees ADDRESS : West Road, South Windsor, Connecticut COMPLETE DESCRIPTION OF LOCATION OF PROPERTY Schedule A attached Z ME RR NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIR ES SHOULD BE DIRECTED: c/o Harold R. Cummings, 1665 Ellington Road, South Windsor, CT 06074 (644-9441) C/o William O'Neill, Fuss & O'Neill, 210 Main Street, Manchester TELEPHONE # 646-2469 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) X 1. Zone Change to MFA Zone (public hearings nd general plan under Sec. 4.6. 2. Filing for Subdivision 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 (publi hearing) g. Other (explain in detail) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PR PERTY ANDSUBMITTEDALONGWITHTHREESETSOFPLANSBEFOREITWILLBEACCEPTEDBYTHEPLANNING ANDZONINGCOMMISSION T.M.G. Construction Corp. PP ICA f/ y OWNER Helen S. Stoz s; rustee By /1 C' 0,1111 Ha o 'd 110110 R. Cummings, It liorney Alber J. set sky, Trustee er) ORM 165A QUITAMAIM DEED 193 TUTBI ANXnA7uffIrLrrw•Print 1 wAshrio IiuNO/Af 0 R vim-, . 4.62 510 in Pit That We, JOHN J. SETSKY, HELEN S. STOZUS, ANTHONY J. SETSKY and ALBERT J. SETSKY, all of the TowrL of South Windsor, County of Hartford and State of Connecticut for divers good causes and considerations t.hereunto inoving, especially for $10.00 and other good and valuable considerations, -- received to our full Satisfaction of HELEN S. STOZUS and ALBERT J. SETSKY, both of the Town of South Windsor, County of Hartford and State of Connecticut, as Co-Trustees, -- have remised, released, and forever quit-claimed, and do by these presents, for ourselves and/beirs, justly and absolutely remise, release, and forever QUIT'-CLAINI unto the said our HELEN S. STOZUS and ALBERT J. SETSKY, IN TRUST, nevertheless, and for the benefit of the above-described JOHN J. SETSKY, HELEN S. STOZUS, ANTHONY J. SETSKY and ALBERT J. SETSKY, their -- heirs and assigns forever, all such right and title as We the said John J. Setsky, Helen S. Stozus, Anthony J. Setsky and Albert J. Setsky have or ought to have in or to a certain piece or parcel of land situated in the Town of South Windsor, with all the building thereon, more particularly bounded and described as follows: North: by land now or formerly of Martin Jones; East: by West Road (fo.merly known as Foster Road) and land now or formerly of Mary Nichols; South: by land now or formerly of Robert L. Sadd; and West: by land now or formerly of George W. Bancroft, Estate; containing twenty-five (25) acres, more or less, and being the same premises described in a certain warranty deed of Frank Minsky, grantor, to Michael Schitzka, grantee, dated December 22, 1911 and recorded in the land records in the town clerk's office in the Town IofSouthWindsoratVolume16, Page 475 and also described in a certain certificate of distribution of real estate from the Estate of Michael Setsky, Sr., Deceased, late of the Town of South Windsor (also known as Michael Schitzka GENERAL PLAN ENGINEERING FEASIBILITY STATEMENT MF ZONE CHANGE APPLICATION WEST ROAD SOUTH WINDSOR, CONNECTICUT REVISED J UNE 8, 1981 FUSS&O'NEILL J TABLE OF CONTENTS Page Purpose 1 1. Introduction 2 II. Sanitary Sewer 3 III. Water 4 IV. Inland Wetlands/Soils 6 V. Roadway System 9 VI. Stormwater Management 15 VII. Utilities 16 VIII. Conclusions 17 FIGURES Fol owing Page Figure 1 Site Location Map 2 Figure 2 Existing Site 1 inch = 200 feet 3 Figure 3 Projected P.M. Site Traffic - Sullivan Avenue 11 General Plan of Development 1 inch = 40 feet End of Report Zone Change Map E d of Report APPENDIX Soil Test Data Soil Conservation Service Report 1 FUSS&O'NEILL PURPOSE The purpose of this report is to review the impacts on the ex sting roadway, sanitary sewer, water, storm drainage and utility systems of the West Road property, known as the "Stozus" property, in South Windsor, Connecticut were it developed as a condominium development according to "MF" zone regulations and comment on the feasibility of accommodating these impacts through the application of sound engineering principles, 1 - FUSS&O'NOLL I. INTRODUCTION The site being considered for "MF" zone is located on the Mist side of West Road approximately 750 feet south of Sullivan Avenue and con- sists of approximately 25 acres. Cultivated farm land is pre-sent on 70-+% of the property with the remaining 30 percent lightly wooded. The site is currently zoned "RR", rural residence, and abu a "GC", general commercial, zone along its northerly border. The property abuts private land owners on all sides. Land to the east, across West Road, is currently undeveloped; land to the south is used as a residential lot as is portions of the land abutting on the north. Other 1ELnd abutting on the north is used as light commerical in the form of an abandoned gas station. The most recent plan of development designates this area as one desirable for development at medium to high density, greater than 2 families per acre. 2 - FUSS&O'NEILL a • s l i f Y tia• i So IL i co e" as s ti s a,• ti•nl SITE oz LOC AT I 0 N II• r tAIats s wqCL46, sr, i 4 w at E R f 4w or Seed 04.11 Icy f A t e l I M; t qo a•a M RI Mf••ItI C RI 11l• too R• R;I i G MDIE M1000 r+s p 11RTMEMTf r qli Cco,ppMIM1J11f ti• 1, I s 4 i 166% • f rf4ws O 0 SITE LOC TION MAP o ANCNESTE C NNECTICYT Le NO.8 0-236 DATE : C.1981 SCALE: I"s 2000 FIGURE 1 I I. SANITARY SEWER There is presently no sanitary sewer service to the site, the closest being a 21 inch diameter pipe in Sullivan Avenue. A sanitary manhole at the intersection of West Road and Sullivan Avenue currently houses a capped 8 inch stub provided for the future use of West Road. The Sullivan Avenue sewer flows from east to west at a grade of approx- imately 0. 10 percent. In order to service units on the easterly portion of the site,, the sanitary sewer could be constructed on West Road from Sullivan Avenue. Assum- ing an 8 inch diameter pipe is required, it is estimated that the cost of construction from Sullivan Avenue to the northeast corner of the subject property is $50,000. This sanitary sewer route will not, however, be able to service the westerly portion of the site via gravit flow since the entire area slopes from east to west. (See attached site plan.) The alternative to sewering via West Road is the acquisiti n of an easement to Sullivan Avenue via one of the abutting properties to the northwesterly corner of the development. Cost of construction of such an approach excluding the easement would be essentially the same as the West Road approach with respect to bringing the pipe to the pro- perty line. The advantage of this alignment is that it al[cws the entire development, both easterly and westerly sections, to be serviced by gravity flow. Determination of pipe size and routing on s to would be determined during final design. 3 - FUSS&O'NEILL r III. WATER No water main currently exists in West Road and, as such, water must be taken from Sullivan Avenue to the site. Routing of thEl water ser- vice could occur either down West Road or through an easement to the north of the subject property with the suggested sanitary line easement. Either route will require careful design in order to clear the sanitary sewer and storm drainage systems. Discussions with the Connecticut Water Company has revealed that upon receipt of a site plan from the developer, Connecticut Water will esti- mate the cost of construction of the water line. This est mate will include the costs of laying all water mains up to, as well as, within the development. A contract will be drawn for the construction and signed by both parties. An amount equal to the total estimated cost of construction is then paid by the developer to Connecticut Water. The estimate includes the cost of construction on the site within a 25 foot easement granted to the Water Company, within which all future water service maintenance will take place,, and individual services as required by the dwellings to the edge of this easement. Beyond the limits of the easement, the developer is responsible for construction arid maintenance. No charge is incurred for fire hydrants. Upon completion of the system, the actual construction cost of the in- stallation is totaled and either a refund or additional cost passed on to the developer. As individual meters are installed for each unit, a 4 - FUSS&O'NEILL l refund is granted to the developer. The size of the refund is determined by the type of dwelling unit constructed. Currently the Fixed refund rate For a townhouse condominium type dwelling is $335 per unit. 5 - FUSS&O'NEILL IV. INLAND WETLANDS/SOILS On December 101, 1980, five (5) test pits, located as shown in Figure 23, were dug at the site. Results of these subsurface investigations appear in the appendix of this study. Two major soil types occur on the property, Ninigret fine sandy loam NnA) and Walpole sandy loam (WdA). The Walpole soil has been designated as a regulated inland wetlands soil because of its seasonally high water table and fifty percent probability of ponding of surface water. The Ninegret soil also possesses a seasonally high water table, but a very low probability of stream flooding or surface ponding The Nine- gret soil is not regulated (see Figure 2). While providing a fair topsoil, the Walpole soil type is best artificially drained by means of open ditches and tile. Approximately 45 percent of the site is covered with this soil type. This regulated wetlands soil is unsuitable for either road subgrades or parking ar a construc- tion. The water table, when test pits were dug, was at a very low point throughout the region. As such, the evidence of wat r seepage at 2 to 3 feet from the surface indicates that the water table during average years is within one to two feet of the surface. Indeed, some westerly portions of the site exhibited water on the surface when test pits were dug. Because of this situation, any roadways b ilt within this section will require 2 to 3 feet of filling. Also, parking areas will require similar depths of fill. Underdrains will be required about 6 - FUSS&O'NEILL 10 slab foundations, but the bearing capacity of the soil should be sufficient to carry the anticipated loadings without the addition of fi l material. Drainage, however, may require filling before construction of slab foun- dations. Additional test pits should be dug to confirm bearing capacity. Since the Walpole soils are regulated inland wetlands soil type, regula- tions read that application must be made and approval granted from the Town of South Windsor Inland Wetlands Commission befor any distur- bance of these wetland soils can take place. Also, a report from the Soil Conservation Service addressing the effects upon the wetlands is 'included in this report as Appendix A. Both existing Soils Conser- vation Service literature concerning soil types found in South Windsor and the Comprehensive Plan for the Control of Storm Water Drainage for the Town of South Windsor prepared by Purcel Associates were reviewed as part of the inland wetlands investigation. The Ninigret soil covering the remainder of the site is moderately well drained and is capable of supporting construction of roadw ys, parking areas and slab foundations without filling. However, due the high water table, any construction will require underdrains of any roadways, parking areas and foundations not placed upon fill material. 7 - FUSS&O'NEILL Using the preliminary site plan as a guide, it has been estimated that a minimum of 60,000 cubic yards of fill material will be needed to develop the property. It should be noted that this amount is a pre- liminary estimate and should be interpreted as only an approximation of the figure expected as a result of final design. Final cesign will yield a figure higher than 60,000 cubic yards. 8 - FUSS&O'NEILL V. ROADWAY SYSTEM This section will identify the net effects upon the roadway system if the site were developed to a density of 150 units as allowed by the Town of South Windsor's "MF" zoning regulations. An analysis Df both existing and projected traffic volumes are presented along Nvith the safety record of the area. EXISTING CONDITIONS AND ENVIRONMENT The proposed entry/exit to the site as shown on the attach Ed general plan of development ties approximately 1400 feet west of W st Road. Sight distances at this location are over 1000 feet to the east and over 1000 feet to the west. These distances exceed the safe stopping sight distance of a vehicle moving in excess of 70 miles per hour. * The posted speed limit on this roadway is 45 miles per hour in the vicinity of the site. Operating speed was observed to be 45 to 50 miles per hOL r in either direction. It may be concluded that sight distances are adequate for the proposed entry/exit given the location shown on the attached site plan. Sullivan Avenue in the vicinity of the site is a two lane StZLte roadway Route 194) having fair pavement condition. Pavement width varies from 32 to 33 feet with this distance apportioned to two (2) thirt en foot travel lanes and two (2) three foot shoulders. The distance from the edge of A Policy on Design of Urban Highways and Arterial Streets - 1973 American Association of State Highway and Transportation Officials, Page 29, Table A-6. FUSS&O'NEILL d pavement to lateral obstructions is three to six feet on both sides of the roadway. The roadway passes through an industrial area, the major ty of land being used as light industrial on exceedingly large lots, he intersection of Sullivan Avenue and West Road is stop sign controlled on the West Road approach. EXISTING TRAFFIC VOLUMES A manual traffic count was conducted by Fuss & O'Neill personnel on December 17, 1980 at the intersection of Sullivan Avenue and West Road. This peak period count was reviewed and subsequently verified using traffic counts for Sullivan Avenue conducted by the Connecticut Department of Transportation and automatic counts performed by Fuss O'Neill personnel on March 23 and 24, 1981 . For West Road, it was found that the evening (p.m.) peak period pro- duces approximately 100 vehicles per hour and a projected average daily traffic of 850 vehicles per day. Similarly, Sullivan Avenue during the evening (p.m.) peak period produces approximately 975 vehicles per hour and 10,000 vehicles per day. Available gaps in traffic on Sullivan Avenue range from 6 o 10 seconds 10 - Fuss&o•nOu while on West Road gaps of several minutes are not uncommon. SITE GENERATED TRAFFIC VOLUMES Upon evaluation of the existing physical and traffic stream character- istics of the site, an estimate of the traffic that may beexpected by development of 150 units was conducted. The average trip rate of a condominium unit is 5. 1 trips per occupied unit per day. This value is consistent with that found by the Connecticut Department of Transportation when studying condominium developments in Connecticut. Assuming the density of 150 units shown end that all of the dwellings are occupied, it is calculated that there w ll be 765 trips generated per day from the complex. Using the aforementioned reference, the afternoon (p.m.) peak hour traffic expected by the site was computed. The results of that calculation were ar, follows: Afternoon (p.m.) Peak Enter Complex 57 vph* Exit Complex 20 vph Total Site Traffic 77 vph vph - vehicles per hour Assessment of the directional distribution of traffic found curing the traffic counting phase of the project lead to the directions distribution shown below. Upon assessment of the network serving the site, it was FUSS&O'NEILL SULLIVAN AVENUE 39 10 28 38 129 10 57 20 77 PROPOSED DEVELOPMENT FIGURE 3 PROJECTED P.M. SITE TRAFFIC SULLIVAN AVENUE VEHICLES PER HOUR 0 n &ISTI C MMICTICYT assumed that 50 percent of the traffic would have origins and destina- tions associated with the easterly approach to the site while 50 percent would have origins and destinations located west *of the site. This 50-50 split between the Sullivan Avenue approaches may be interpreted as a 383 vehicle per day increase in average daily traffic on Sullivan Avenue east of the site and 382 vehicle per day increase in Sullivan A enue average daily traffic immediately west of the site. The following ble exhibits the distribution's net effect upon peak hour volumes. P.M. Peak East of Site 38 vph West of Site 39 vph In Figure 3, these volume increases are further broken d wn by peak hour into number of entering and exiting vehicles that may be expected to and from the site from each direction. ROADWAY CAPACITY WITH AND WITHOUT DEVELOPMENT TRAFFIC The following table shows the volume of traffic presently on Sullivan Avenue, the expected volume for the same roadway after the complex is complete, and the design capacity of the roadway. it should be noted that the design capacity of r-he roadway does not represent the maximum number of vehicles the roadway can process, rather, it represents the desirable maximum amount of traffic that 12 - FUSS&O'NEILL the roadway can process. Design capacity is the limit of Level of Service C as defined by Highway Research Board Special Report 87 Highway Capacity Manual - 196511, and usually represents approximately 50 percent of the maximum roadway capacity. Peak Hour Traffic Without With Development Development Design Capacity East of Site 975 vph* 1013 vph 1180 vph West of Site 975 vph 1014 vph 1180 vph vehicles per hour As may be seen from this table, Sullivan Avenue will operate within its capabilities. INTERSECTION CAPACITY AT DEVELOPMENT AND SULLIVAN AVENUE Using the traffic count data obtained by Fuss & O'Neill personnel for this intersection and combining this existing traffic with the, potential generation of the site, a capacity determination for the intersection of the proposed development and Sullivan Avenue was achieved. The inter- section can process the anticipated volumes generated by the development, given a sign controlled intersection. SAFETY RECORDS A review of accident records for 1977, 1978, 1979 and through December 1980 compiled by the South Windsor Police Department w conducted. 13 - FUSS&O'NEILL J The review revealed that 12 accidents occurred during 1977, 1978, 1979 and 1980 in the vicinity of West Road and Sullivan Avenue. This averages approximately three (3) per year, a very low rate. PEDESTRIANS Pedestrian volumes on Sullivan Avenue may be expected to increase as a result of the proposed complex. While Sullivan Avenue does not have sidewalks in the subject area, its shoulders are such that they may be easily utilized as unimproved sidewalks. Because of the characteristics of these shoulders, it may be expected that only minor interfacing of vehicular and pedestrian traffic will occur. STATE REQUIREMENTS Since the proposed development will exceed 200 parking sreces and it will impact the State highway system, Sullivan Avenue Route 194, a State Traffic Commission major traffic generator permit application will be required. Upon review, it is unlikely that the State will require signalization of the intersection of the proposed development and Sullivan Avenue. CONCLUSION (TRAFFIC) The traffic volumes generated by a 150 unit complex at the subject site, will not increase the traffic beyond the roadway design capacity. 14 _ FUSS&O'NEILL VI. STORMWATER/GROUNDWATER MANAGEMENT Most of the site will require draining via underdrains and an open drainage ditch along the northerly property line and flowing to the west. The natural slope of the land is to the west. At ftie end of the ditch, a detention area will be required to contain the storm run- off and slowly release its contents to the natural drainage courses. Along the northwest corner of the property a drainage ditch which eventually becomes part of Bancroft Brook presently exists. A deten- tion area could use this watercourse to handle the gradual release of stormwater runoff. Of significant importance is the requirement that a large portion of the area requires filling in order to achieve gravity flow of the stormwater system and to assure that the living areas are well above the groundwater table. All fill to be placed beneath roadways, pavements, sidewa ks, and structures shall conform to the State of Connecticut Department of Transportation Standard Specifications for Roads, Bridges and Incidental Construction (Form 812) Section M.02.07 Free Draining Materials. This material shall not have more than 70%, by weight, passinc the #40 mesh seeve and not more than 10/0, by weight, passing the #200 sieve. 15 - FUSS&O'NEILL 1 VII. UTILITIES At present electrical service is available on West Road. Gas service is available on Sullivan Avenue and may be brought to the site via West Road or via an easement acquired from abuttors. 16 - FUSS&O'NEILL VIII. CONCLUSIONS Based on the investigations conducted, it can be concluded that the units shown on the enclosed preliminary site plan can be neadily accommodated in spite of the limitations of the subject site. The limitations as detailed herein are: a. The high water table necessitating significant underd aining and/or filling. b. The inland wetlands soils require fill for roadways and parking areas wherever this soil type is encountered. c. An easement from Sullivan Avenue to the northwest section of the property is necessary to provide sanitary sewer service to all points. 17 - FUSS&O'NEILL J The investigations also revealed the following major advantages of developing this site for multi-family housing: a. Water service is available to the site. b. Gravity sanitary sewer service can be provided c. Site generated traffic can be handled within the capacity of the existing roadways. d. Stormwater can be detained. e. The wetlands that will be disturbed are not "significant". f. The wetlands that are retained provide complementary open space that can be used for passive recreation. g. The site is removed from single family residential d velopments as well as potential single family developments. h. The site is approximately one (1) mile via Sullivan Avenue from Fire House No. 3 and less than two (2) miles from Fire House No. 1 . The on-site roadway and vehicular circulation provides ready access to all dwelling units for fire apparatus. i. The police station is approximately two (2) miles from the site via Sullivan Avenue. The internal roadway system will be privately owned, thus, traffic will not be a police function. j. The Wapping Elementary School and the South Windsor High School are approximately one (1) mile from the site via Sullivan Avenue and Ayers Road. A bus shelter will be provided for the school 18 - FUSS&O'WLL r children. The absence of three bedroom units will minimize the number of school children anticipated in this complex. This, combined with dwindling school enrollment, diminishes the impact on the school system. 19 - FUSS&O'NEILL APPENDIX FU r off, no. Sne e i no.SS&O'NEILL 23 t x consulting a-)gi eerS J.Prepared, By DATE_IND WIANCHESTER . CONNECTlCUTZ;Ld/ SOIL TEST DATA. Hole # Z Depth of Hole 1 7 E. '1.0 ' 5 W. scc c 3,0' o f 3.sr Perc. Rate (min/in) Depth of Perc. Hole Permeability-K (fpm ) By Falling Head Test (9 Depth = / K = Depth =/ K = Depth = / K = Depth = / K = From Pit Test K = Design Va lu e K = Profile R) Depth Below Surf of 9 " dxt,,C 1.4ack-L r O-,Zy" da-,t a -Lvawti -IY" I f S.ow. •,e ra.4 tioajnj pasts to 4,, a+,f ten 1'traLJ fit{j J tat % -., J aols r,e c}, '"l t,l..••J JCa-trw'rs.- ZS" Doti-6Kru.r Iia mMd% mo 2 lX J S 1.0 I, r )) z Hy. r 7 0' Q'1 T4_4V -fon-r/A.3 /up`y do f t'i m 4i W„ 0_ s°". a rr a L(,t`•T4t+a j. i ka.,. d 1 lnCitalp/w5' w11C('•! /naw f%3 S ", I 4ra .JJ aa.,ala.J a ak t4: vmaa 1^c4hd{ ;1L u w+d j 10N1 4 48"-761 -cww t`3 S f"r Wa ); Q" + are of eeery t 0. I 61 7 0o Wig- PC) ltdy 8 No Ifd9c. 9! 10, tq M M e,, 7,0 a&k) i o.' >. ap k wln r °" S `7rop ANµ., un• e,,f ,bPI 6.14— Cele0,,1 y/ i dirtlsa.n auao:d FUSS&O'NEILL1236 of Z COr1SLiting arxjf1eerS Prepared By DATE_ i MANCHESTER , CONNECTICUT J ,Z /v fd SOIL TEST DATA Hole ## S Depth of Hole 70 7, Perc. Rate (min/in ) Depth of Perc. Hole or Permeability-K (fpm ) By Falling Head Test @ Depth = / K = Depth =/ K = Depth = / K = K = From Pit Test K = Design Va lu e , K = oe Profile (07 Depth Below Surf of = 0-21" dark black L awn 0-1ol da,K bc(c-S•rrw+ sc dy G .Sand`J/lra n'ngn vn• rr4hL'ortl r 1d.' +robi f 10"2S' fvh-Lew an ems} 1 a 2 1-32 I fi4n-bra,,.,la n. solid(• 7.2' qra !w tQ n4a X- t• qXtn 1 fA t 4}sf3 '' x 4 ' Igsu mil t 6! 7'Na l d9e. 9 10 Scc h r pt bol o' o c/ 4 y m•/r-rh 7nblr•nS, RUC-1h P 1'S ram• United Stat s Soil 340 Broad Street Department of Conservation Windsor CT 06095 Agriculture Service Phone 688-49 6 January 22, 1981 TO: Hartford County Soil and Water Conservation District FOR: Fuss & O'Neill, Inc. Consulting Engineers RE: Proposed 25 acre parcel for development, west side of West Read and south of Sullivan Avenue, South Windsor INVENTORY AND EVALUATION This report is general in that limited detailed design information was provided for it. Additional review for specific concerns can be made after comprehensive detailed plans are submitted. A condominium complex is proposed to be located on this 25-acre Parcel. Town sewage and water provisions can be assumed. A field tour of the site took place on 1/20181 by Jerry Modell and myself. This acr ge is predominantly grassland and cropland with some existing woodland. Major species of the woods are red maple, pin oak, swamp white oak, white oak and gray birch. Other than the acorns from the oaks, these trees have a low food value for wildlife. The white oak and pin oak generally grow on moderately well drained to well drained soils. As is noted on the soil map from the Soil Survey of Hartford County, much of the are is wetland soils. Industrial buildings have been built on what was previously wet soils to the north. This tract is located near the upper end of the watershed. Any further development above this proposed site will contribute insignificant amounts of increased stormwater runoff across this site. The wetlands of the 25 acre tract are on rather flat topography. There is slow movement of waters out of the area during periods of peak runoff. The wetlands presently in grassland have less significant importance for wildlife uses than if the area was allowed to return to natural v getation. The wetlands to the south of this parcel are also located on rath r flat terrain. "dater movement through this area is generally slow. Tha wetlands that Ue east of Nest Road flow into the Podunk River, a fragile 7atercourse. The wetland areas adjacent to this watercourse have major signifi ance as wetlands for wildlife and other uses. Data taken from the map, "Groundwater Availability in Connecticut ", from the Natural Resources Center of Department of Environmental Prot tion, show that this site is located in an identified aquifer area. ThLs aquifer is capable of yielding small to moderate amounts of water to individual wells. The fine grained stratified drift has a water saturated thickness of 10 feet or greater. OTh Soil Conservation Service SCS-AS-1 is an agency of the 10-79 Department f Agriculture FOR: Fuss & O"Neill, Inc. Page -2 January 22, 1981 RE: Preposed 25 acre parcel west side ofW*t Road and south of Sullivan Ave, South Windsor INVENTORY AND EVALUATION (CONTID) If the site is approved for construction it will be important to c ntrol all soil sediment movement at each disturbance site so that a min 1 detrimental effect occurs to the downstream wetlands. Hay bale ch ck dams properly placed across major waterflow areas will help to control oil sediment losses. Locate all buildings on the upland soils as much as possible to a id the loss of wetland soils to other land uses. Generally the proposed building sites will be on upland grassland. Some buildings will b located in woodland. Buildings without basements (as planned) is encouraged due to the seasonal high watertable limitations exhibited at the site. Destroy as few trees as possible. If the proposed road is constructed across the wetlands along the north boundary, plan to elevate the road by using fill to meet the Town regulations. An elevated road will be important to provide proper drainage. The wetlands that the planned road will be crossing are mostly located on grasslands. There is a right of way from the property that goes north to Sullivan Avenue. A detention basin is proposed to be located either at the west boundary of the parcel or to the west and off the property. This basin cou d also be temporarily used as a sediment basin during construction if nec ssary. Seed all areas soon after disturbance as possible with temporary and perman- ent grass mixes as necessary. The Connecticut Erosion and Sediment Control Handbook can be used for additional information on structural and vegetative measures. ern Anderson District Conservationist USDA Soil Conservation Service ATTACHMENTS CC: Jerry Modell 28 Horseshoe Lane, Madison CT 06043 p-COi-S-7 SOIL AiZ :ILTiiRATI. SOIL GROUPS' NAP 3-73 Prepared 'by File Code U.S. DEPARnEitT OF AGIUCULiUI E - SOI' CJ1 SLTCVATI ':I Si VICE COWS-14-5) CooperatinS with COi ii:CTlCui AGRICUTEr:AL EVERD," S ATIO:i STO;RS AG1LI CLZ L"RAL DEEM MI T S TA IIO Z, AUD HARTFORD COUNTY SOIL Is1' WA Tit:R CONS VAT ION DISTEX COOPERATOR SOUTH WINDSOR LA 1/22/8 COMIPAN HARTFORD S Ti'E' Connecticut APPMA.6 SC L 1:20 000 SOIL :'P 21tTiruL1 26 27 SYi13OLS , 324-H-1 or Cas = L::riAILUD SOIL, SURVIE Y A-!a, L-2a, etc s NA^tUItAL SOIL GROUP Soil i•iap I.S. Sheet Symbol SOIL :It:=Or Group o. WvA Windsor loamy fine sand, 0-3% slopes A-la NnA Ninigret fine sandy loam, 0--3% slopes A-2 WdA Walpole sandy loam, 0-3% slopes A-3a F: TERRACE SOILS - OVER SANDS AND GRAVELS Excessively drained soils with slopes less tit-.an 15 percent A-la Excessively drained soils with smooth slopes less than B percent A-lb Excessively drained soils with irregular slopes between 3 and 15 percent These soils occur above floodplains in river and stream valleys. Water deposited beds of sand and gravel are less than 20 inches below t .e soil surface. Permeability is rapid. The shallowness to sand or grav 1 severely limits their water holding capacity. Natural fertility s low. Urban. The permeability of these soils is favorable for the installation and operation of onsite sewage disposal systems. On slopes above 8 per- cent, the design and site selection for absorption fields require special consideration. The high percolation rate may allow sewage effluent to pollute groundwater. Soil conditions are favorable for homes with basements. Conditio s are favorable for stability of footings and performance of footing dr ins. The steeper slopes may add difficulty to site preparation. Howev r, the steeper and irregular slopes present opportunities for a wider choice of - architectural design. Land grading for landscaping will expose sand or gravel. Lawns, treess and shrubs are difficult to establish and maintain because of low moistures:: holding capacity and low natural fertility. The steeper slopes add further difficulty to these problems. is " When constructing streets and parking lots. earth moving is readily done, but stabilizing and vegetating banks is difficult particularly on the steeper slopes. Recreation. In many places the potential for recreational uses othese: soils is enhanced by- their proximity to streams, ponds, and sites with potential for water developments. They are favorable for picnic areas E: and camping sites. Even the level soils present difficulty in es ablish ng and maintaining vegetation for play areas, and the soils with ate perandirregularslopeshaveseverelimitationsforplayareas. C: Wildlife. , These soils are poorly suited for the production of labitat E.- W.. required by openland and- woodland wildlife. A dependable growtI of desirable food cover plants i limited by the low natural fertility and low moisture holding capacity. Food and cover can be established, improved, or maintained, but it is difficult and Expensive, especially for openland wildlife. Results are not always satisfactory. It is impractical to create wetland wildlife habitat on these soils. Woodland. Productivity for wood crops is poor on these soils b ause natural fertility and moisture holding capacity are low. High rtality of natural or planted seedlings can be expected. White pine sho ld produce a greater yield than hardwoods. Cropland. Droughtiness and low natural fertility severely restrict the use of these soils for crop production. Irrigation with intensi e fertilization is essential for satisfactory yields of crops incl ding tabacco, corn, vegetables, and hay. If cultivated crops are grown on the steeper slopes, measures for controlling erosion and runoff are necessary. Wind erosion is a hazard particularly on loamy sands. r TERRACE SOILS - OVER SANDS RIND GRAVELS A--lc Excessively drained soils with slopes mere than 15 percent These soils occur above floodplains in river and stream vall ys. They consist of sandy or gravelly material, on slopes steeper than 15 percent , and occur mainly on terrace breaks along drainage slopes. They have a low moisture holding capacity and lcd natural fertility: Urban. These areas have severe limitations for most urban uses. They provide contrast in the landscape and often overlook streams. When undisturbed by development, their natural values enhance the environment. Recreation. These soils have severe limitations for picnic areas, camp sites, and play areas. Wildlife. These soils are poorly suited for the production of habitat required by woodland wildlife. Dependable growth of desirable food and cover plants is limited by the low natural fertility and low moisture holding capacity. Food and cover can be established, improved, or main- tained, but it is difficult and expensive. It is impractical to create openland or wetland wildlife habitat on these soils. Woodland. Productivity for wood crops is poor on these soilE because natural fertility and moisture holding capacity are low. Because of droughtiness, high mortality of natural or planted seedlings can be expected. White pine-should produce a greater yield than hardwoods. Equipment operations is difficult because of the steep slopes . Cropland. Because of their steep slopes and droughtiness, t ese soils are unsuited for the production of cultivated crops. a. r i i I t i Y. Woodland. Productivity for wood crops ranges from fair on the pDorly drained soils in group A-3a to poor on the very poorly drained SDils of group A-3b. The wetness of these soils poses severe problems in the use of equipment, survival of tree seedlings, and windthrow of trees. Plant competition is moderate on the poorly drained soils and severe oa the very poorly drained soils. Cropland. These soils are generally unsuited to agricultural cr)ps. With drainagei the soils in group A-3a can be used to produce silage, potatoes, hay, and vegetables. Drainage generally is not economically feasible on the soils in group A- 3b. tow" 8E r T-a ap s v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. O 5074 tioso.co AREA CODE 203/644-2511 July 7, 198 r Harold R.Ciu®ings, Esq. 1665 Ellington Rd. South Windsor, Ct. 06074 Dear Hal: Re: T. M. G. Construction Corp. Please be advised that the public hearing in this matter has been scheduled for 8:00 P. M. on Tuesday, July 21st, in the Council Chambers of the South Windsor Town Hall. This item is the second one on the agenda. Signs must be posted on the property advertising the public hearing no later than Friday, July 17th. One should posted on West Road and another facing Sullivan Avenue where the proposed access road mill be. Please be sure they are clearly-visible from the road and remain in place for 10 days prior to the hearing. They can be purchased in the Town Hall at a cost of $5 each. Yours very truly, PLANNING AMID ZONING COMMISSION By• Marshall Montana, Chairperson vg 40 N F, U 0 somtAU 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. C6074 osoR•co AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY DULY 99 1981 THURSDAY JULY 1 19 1 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AMID ZONING COMMISSION Notice is hereby given that there will be public hearing of the Planning and Zoning Commission on Tuesday, July 21, 1981, 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 John J. Mitchell, Trustee, for removal of sad and gravel from a parcel of land located on the northwest corne of Graham Road and Ayers Road, east of Sullivan Avenue, in an -20 zone. 2. Application of T. M. G. Construction Corp. for approval of General Plan of Development and zone change from RR to MF-A on approximately 26 acres located south of Sullivan Avenue and west of West Road. Copies of these applications and maps more clearly defining the property are on file in the Office of the Town Clerk of the Town of SouthWindsor. At this hearing interested persons may appear and be heard and written recom- mendations will be received. PLANNING AND ZONING COMNLC SION Marshall Montana, Chairperson Raymond F. Hallowell, Jr. , Secretary A w N at' aye saud', 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CON . 06074 AREA CODE 203 644-2511 July 15, 1931 T. M. G. Construction Corp. C/o Harold Cummings, Esq. Kuehn,, Cavanaugh & Cummings 968 Farr.i.ngton Avenue West Hartford, Connecticut 06107 RE: APPLICATION ]10. 186 Dear Mir. Cummings: After discussing your proposal for multi-family development south of Sullivan Avenue, the Agency feels additional information is needed regarding the following: 1. More specifics regarding fill material and amo- t. 2. Effect on the potential acauifer. 3. High water table and its pact on building an road stability. The Agency is in recess until September. ';;hen you have answers to the above mentioned concerns, kindly contact us for - acement on the next available as-enda. fier4', t,-uly yours, CVnstance M F SOUTH 1I ND.)OR CE: chm CC: Marshall Montana, Chairman, P2C Vern Anderson, SC3 A. Doyen Davies, Deputy Town =n`ineer o r i P O'I.ltf2 G 1540 SULLIVAN AVENUE OR•co SOUTH WINDSOR, C01, N. 06074AREACODE203/644-251 Mr. Vern Anderson July 15, 1981 Hartford County Soil & TI.jater Conservation District 340 Broad Street Windsor, Connecticut 06095 RE: APPLICATION 0 . 186 T.M.G. CONS^ UCTION CORP. I`;i ULT I-EA1JI Lv DEVJLO PrvcNT Dear Anderson: i. e un rstand the first re-r: vT ott i ro±)osalsuedonthis 7 ''el-1 in -.a1,ure. The -clans have been revised, but thEl Agehasmanyconcerns, some of which are listed in the encl g' ncY still sed letter. Additional concerns include the following:1. Encroaching/filling of wetland ae Potential negative effect on wildlife feeding, nesting and migratory habits? b. Possible ecological balance may be d• sturbed?2. Ninigret Soils (NnA) 1. Any drawbacks, or precautions that sh uld be taken when working with this type of soil. Any information or guidance you can provide will be most help-ful and appreciated, Ve ,7 truly yours, cConstanceEriksson, hai an INLAI'dD "'ETLANDS AGLIZCY CE:chm TO;;N c.F SOUTH `:YIiVDSOR ENCLOSURES: 2. CC: A. Bowen Davies, Deputy Town Engineer July 15, 1981 MEMORANDUM TO: Planning and Zoning Commission FROM: J. Page, Town Engineer RE: T. M. G. Construction Corp. Zone Change from RR to MF-A Since the previous application on this site was withdrawn, the ngineering Department has worked extensively with Fuss & O'Neill on the General Plan. The areas of concern that have been addressed are as follows: 1. Impact on Wetlands. a. The wetlands area in the center of the site which comer ses about 5 acres will be left relatively undisturbed. Special p ecautions will have to be taken on the wetlands that abut the Kro icus property. b. About 100,000 cu. yards of fill will have to be brought to the site. This fill material will meet the State D.O.T. specifications for a free draining material. This will allow for the movement of ground water under the site. c. All drainage systems will be slotted pipe with Beehive type leaching catch basins which will allow the maximum amount of sto m water to percolate back into the ground. d. The detention basin will handle all storm drainage and discharge into a ditch near Industronics. Legal right to drain will have to be obtained. 2. All traffic will exit and enter the site from Sullivan Aven e. The Engineering Dept. feels that No Traffic should exit onto West Road. State DOT will have to approve this. 3. Sanitary Sewers by gravity to Sullivan-Avenue will have to be approved by the Sewer Commission. 41/ 7- r 981July16, PETITION We, the following South Windsor residents hereby express our opposition to the proposed zoning variance request from rural residential to multi-fa ily dwelling for the Setsky/Stozas property located on West Road, South Windsor, Connecticut for the following reasons: 1. Allowing multi-family dwellings on subject wetlands property will require extensive filling and draining of the wetlands property which will adversely affect surrounding properties and properties adjacent to resultant water courses. 2. Providing multi-family traffic access to Sullivan Avenue will result in added traffic burdens to Sullivan Avenue and especially to fee er roads such as West Road, Strong Road, and Foster Road which are seco dary roads and are not suitable for additional traffic. Additional traffic will create additional noise, pollution and safety hazards to resid nts -on these roads. SIGNATURE PRINT NAME & ADDRESS 1 2.1< Q ioAAs QW1 X, r• 46 0 Z&Zi a S0 ` 1.• • 1619 cS i 1 t oo S ,u ,c 5.. J&4AA./ 0(2-A J 14A,4, je o D Coto VIA21 July 16, 1981 Z PETITION We, the following South Windsor residents hereby express our opposition to the proposed zoning variance request from rural residential to multi-fa ily dwelling for the Setsky/Stozas property located on West Road, South Windsor, Connecticut for the following reasons: 1. Allowing multi-family dwellings on subject wetlands property will require extensive filling and draining of the wetlands property which will adversely affect surrounding properties and properties adjacent to resultant water courses. 2. Providing multi-family traffic access to Sullivan Avenue will r sult in added traffic burdens to Sullivan Avenue and especially to feed r roads such as West Road, Strong Road, and Foster Road which are secon ary, roads and are not suitable for additional traffic. Additional traffi will create additional noise, pollution and safety hazards to reside is -on these roads. SIGNAT PRINT NAME & ADDRESS O rto oD S oijs'oo r/ S a Ga a Go g.c j P49.v 1A a July 16, 1981 PETITION We, the following South Windsor residents hereby express our opposition to the proposed zoning variance request from rural residential to multi-fainily dwelling for the Setsky/Stozas property located on West Road, South Windsor, Connecticut for the following reasons: 1. Allowing multi-family dwellings on subject wetlands property wi 1 require extensive filling and draining of the wetlands property which w 11 adversely affect surrounding properties and properties adjacent to result nt water courses. 2. Providing multi-family traffic access to Sullivan Avenue will r sult in added traffic burdens to Sullivan Avenue and especially to feed r roads such as West Road, Strong Road, and Foster Road which are secon ary roads and are not suitable for additional traffic. Additional traffi will create additional noise, pollution and safety hazards to reside is on these roads. SIGNATURE PRINT NAME & AD RESS UJOL 2 Q a 7 e i ems , cT s. sQ.r. r 66/ G. le 5 Si 2• 2.4'a AO va n t 9 J-411 aA"PIL L ts July 16, 1981 PETITION We, the following South Windsor residents hereby express our opposition to the proposed zoning variance request from rural residential to multi-fa ily dwelling for the Setsky/Stozas property located on West Road, South Windsor, Connecticut for the following reasons: 1. Allowing multi-family dwellings on subject wetlands property will require extensive filling and draining of the wetlands property which will adversely affect surrounding properties and properties adjacent to resultant water courses. 2. Providing multi-family traffic access to Sullivan Avenue will r sult in added traffic burdens to Sullivan Avenue and especially to feed r roads such as West Road, Strong Road, and Foster Road which are secon ary roads and are not suitable for additional traffic. Additional traffic will create additional noise, pollution and safety hazards to reside is -on these roads. SIGNATURE PRINT NAME & ADDRESS 4 1P 44'j 7 fl S a3 00 L a p lb Ioe r July 16, 1981 PETITION We, the following South Windsor residents hereby express our opposition to the proposed zoning variance request from rural residential to multi-family dwelling for the Setsky/Stozas property located on West Road, South Windsor, Connecticut for the following reasons: 1. Allowing multi-family dwellings on subject wetlands property wi 1 require extensive filling and draining of the wetlands property which w 11 adversely affect surrounding properties and properties adjacent to resultant water courses. 2. Providing multi-family traffic access to Sullivan Avenue will r sult in added traffic burdens to Sullivan Avenue and especially to feed Er roads such as West Road, Strong Road, and Foster Road which are secon ary roads and are not suitable for additional traffic. Additional traffic will create additional noise, pollution and safety hazards to reside ts -on these roads. SIGNATURE PRINT NAME & ADD ESS qAO HA nyv veAj:P J i f t 0 Dsk <` . _ W Lt r ter- s 1 I c i p/ w exA (r3VYf_Z ef nJ N Avg AL July 20, 19 1 Dear Members of the South Windsor Planning and Zoning Commission: I wish to express my opposition to the proposed zoning change from rural residen- tial to multi-family for the Setsky/Stozas property located on West Road, South Windsor, Connecticut. I own approximately twenty-five acres of lanj south of and adjacent to the Setsky/Stozas property. The attached sketch sh ws the two properties and their location with respect to West Road and Sullival Avenue. I have lived on this property for over forty years and I am very fa iliar with this entire area. My reasons for opposing the proposed zoning change are as follows: 1. The land is not suitable for multi-family dwellings because of poor soil drainage. There are several large areas of swamps and marshes where there is standing water much of the time The attached photographs show standing water in one swampy area on the Setsky/Stozas property which has been there for thr e months, despite this being a very dry Spring season. Appr xi- mately eleven acres of the Setsky/Stozas property or 45 pe - cent of the total acreage is classified as wetlands. The e- veloper proposes to fill the wetlands area with up to thre feet of gravel fill. Filling in this land will create a hard- ship for me, because some of the resultant surface water runoff during heavy rains will flow on my property and will worse an existing wetlands situation on my property. 2. The developer's proposal to drain the subject property by means of an agricultural ditch to a retention basin is objection ble because the ditch will constitute a safety hazard to resid nts, and the proposed retention basin is of insufficient size t prevent flooding during heavy rain storms. A four-inch rain storm, which is not unusual in this area,will create water runoff of approximately 1 million gallons, assuming a 30% s r- face area runoff, and a very conservative 100% absorption rate for the remainder of the property. The attached photograph of these existing ditches illustrate the severe safety haza d which these ditches will create when filled with water. 3. There are abundant wetlands on or adjacent to this property and during the Spring and Summer seasons there is a very significant mosquito problem. The residents of this area have managed to cope with this problem, but if multi-dwelli gs exist, the new tenants will demand a mosquito control program such as insecticide spraying which will adversely affect my farm property. I practice organic farming on my property a d will oppose insecticide spraying, since I depend on wells t fill my water needs. Any form of mosquito control will ups t the delicate ecological balance in existence. 4. On the north side of the property in question, there are ad acent established commercial and industrial properties which are of conducive to multi-family life. There is a truck body repa r facility and a licensed drinking establishment which will 2- create noise problems day and night for the prospective tenants. 5. If 150 family units are built on the subject property, th traffic on Sullivan Avenue, West Road, Strong Road and Fo ter Road will see a drastic increase which will further strai these already marginal access facilities, and will requir extensive and expensive improvements to these facilities, which will impose an unnecessary burden upon the town and its taxpayers. The safety of these facilities is currently marginal and is a prime consideration. Photos of West Road showing traffic skid marks and illustrating its existing marginal safety aspects are attached. 6. Condominiums without basements, as the builder proposes, should not be built anywhere, because they are not as energy efficient as comparable homes with basements. A professional builder advises that the energy cost savings of a small ranch home with a basement will pay back the added cost of the basement within ten years, based upon existing prices. If you assume the life of the ranch home to be sixty years, the heating oil cost savings will pay the entire builder's cost of the home. In addition to cos savings, the owner of the home enjoys added living and storage space. Specific cost comparison details are in- cluded in an attachment to this letter. Many of my neighbors share the aforementioned drainage and traffic oncerns and have indicated their concern by appearing at this Planning and Zoni g Commission public hearing and by expressing their opinions and by affixing their names on the attached petition. Attached to this letter is a copy of a petition contain- ing in excess of 100 names, opposing the proposed zoning change. In summary, the land is not suitable for multi-family dwellings for a number of valid reasons, some of which have been discussed in this letter. T e town of South Windsor has always acted responsibly with the general welfare of all its residents as a prime consideration, and I am confident it will dos in this matter. Your consideration in this matter is most appreciated. Very truly yours, Albert Krivickas 165 West Road South Windsor, CT 06074 Attachments i I I I i I 1 I I I I i l l i I l i 1 I s/..,5 /1 D ,TjLlc!G_;,S I i i ! i I i I J 1 i LJG Z LS-A T._ i i I •I j- -- I i i 1 i I f-- I i i I i I I 1 I i I I 1 I -.• - f - Y i -I 1 : - -1 I 1 i__ ! I- - r I. 1 _ ,_ I 1 . 1 i t 1 I r I i f f I ! r' i , I r- i i ! i 1 I' f I • , Lf Si ' i -' ' - 1 I i - i -j i I ; ?p' - i 1 1 /-oo I I I I r I i i l I # I I I I ! i - I i i ! 1 I I i I 1 i I I i 1 1 r 1 i I _ .. - r a 1- • .- I i 1 I I ; I 1 • I .; i i I , I I r I t r r .I j k&r r! J.c i .0/Y/ `/.. -: '-S /t7; /9"GG 2.c/'rd,,S I i r i I i I i 1 1 1 i i i i I I I I ' I i ! I i i i I 1 I i f I -- i i I I I - .,__..--.-,.--..... lwtpq.g7Mr+..i7i,....n...iwP...•+ vww.ti..-.wr....7•^^- - .s...'*•s w wrsr..,•4W, N,u.+.a+.rr+wra•p:•+wa•..gym-ww.++r eo,nrn^4 a..s-..c,.. r iL jai k A t 1 1 ' t ° T i _ i ` , L ve. r y. S V I \ FA r v dae 1 r a s r r t d Qr'lG f ,,ETs" o IBC!v G V , wit y -gyp - 1 Lv A"o* fGo C,r c"r d vO'r6; S A=er S Lo l&wf s 64MY AT /6r C,&%vG g lGr S psn Mogwcs 2-11-P/ A -444cS .7-/6* -l ENERGY COST COMPARISON OF A HOME WITH AND WITHOUT A BASEMENT IN CONNECTICUT 2- 1. Builder's estimated cost of an 1100 ft ranch home without a basement (excluding cost of land and builder's fee or profit). 300000.00 2. Builder's estimated additional cost of above home with a basement ($2500.00 for additional excava- tion and foundation, $2500.00 for stronger construction). 59 00.00 Total $355 00.00 3. Estimated annual cost of heating above home without basement (1250 gallons of fuel oil @ 1.50/gallon). 1, 75.00 4. Estimated annual cost of heating above home with basement. (30% savings: 900 gallons of fuel oil @ 1.50/gallon). l , 50.00 SUMMARY: Above home with basement will save approximately $500.00 in heating oil costs per year and will offset the added cost of a basement in approximately ten years. If the life of the above ranch home exceeds sixty years, the energy savings payback will exceed the builder's cost of the home. I recommend that this application be denied since :n evidence indi- cates that this development as proposed will: 1) require a large amount of fill ( 2 to 3 1/2 fee ) , and four of the fill areas will encroach upon wooded wetlands. 2) cause 15 of the 23 buildings to partly or wholely exist upon wet- land soils. 3 ) cause the roadways within the development to be n wetland areas 4) may create adverse effects upon an identified aq ifer, and thus jeopardize shallow wells of residents in the Wes /Strong Rd. area, 5) necessitate both surface and sub-surface drainag which may alter the wetland character and lower the water table f the wetlands 6) depend on deep, o en drainage ditches ( both new. and existing ) which may pose azard to the new residents , an Y Pwhichmayrove to be an unsatisfactory. means of handling waterrun-off 7) cause present indiginous wetlands wildlife to be displaced duetofillinganddrainingofarea , due to encroachment of th build-ings, and due to increased activity of residents in the wetlandareas. 8) will provide a recreational area (parcours) in tie wetland sectionwhich, because of flies, mosquitoes and other s1f mp insects, beofquestionablevalueforseveralmonthsoftheear.9) by substantial filling of wetland areas affect n rmal water coursi,,creating possible flooding of neighboring lands nd West Road10) because of swamp areas may cause the condo resid nts to d manthatthetownsprayand/or more effectively drat the ar a thusfurtherdamagingthewetlands. l11) Siinc© this 1-ietland is but a fragmen t of a much 1 r er wodunkRiverwatershed ) this development y g etlha area larger rQN-Mlifications than to the immediately co titveguolus y ha lauds, PLANNING AND ZONING COMMISSION JULY 21, 1 81 PUBLIC HEARING AND SPECIAL MEETING SOUTH WIND OR TOWN HALL MEMBERS PRESENT: Gilligan, Evans, Montana, Hallowell, Conde, Gay ALTERNATES PRESENT: Sorenson (sitting for Norman) PUBLIC HEARING: 1. Application of John J. Mitchell Trustee for removal of sand and gravel from a preel of land located on the northwest corner of Graham Road and Ayers Road, east of Sullivan Avenue, in an A-20 zone. Attorney William E. Grace appeared on behalf of the applicant and stated that they wish to obtain a Temporary and Conditional Permit to remove sand and gravel, and then grade and seed this 23.9 acre parcel, so that eLrentually the land can be utilized for housing. He pointed out the area shown as Phase I on the plans, and said they have obtained approval from the Inland Wetlands Agency. Mr. William O'Neill of Puss and O'Neill said there is a watercourse through part of this land which is sensitive, and they have established a line, to prevent any erosion or sedimentation from the brook. They will enter the site from Ayers Road. Phase I is the largest area of land but it will uti ize the least amount of gravel. Seeding and loaming will be done before proceeding to additional phases. Traffic will exit onto Ayers, then turn left on Sullivan to the Manchester Sand and Gravel. He said the number of trucks going up Graham Road will be reduced. He pointed out the detention basin on the plans. Mr. Paul Curran, a traffic engineer with Fuss & O'Neill, said the signal on Sullivan Avenue guarantees a gap in the traffic to permit trucks to enter, and they estimate there may be 5-12 trucks per hour, or 100 or so trips per day. During the peak hour on Sullivan Avenue there are 1,000 vehicles per hour, and this operation will add about 12 vehicles, and he doesn't feel there will be a severe impact. ti Mr. Grace noted that there are no mechanical noise makers involved other than an occasional bulldozer. He said they will be dealing with gravel. not sand, and no dust problem will be created. He said most of the sellers were adjacent property owners and they are aware of what is going on. Mr. John Mitchell was present and said he spoke to homeowners in the area and most were pleased that something is finally being done with this roperty, since right now it is a haven for dirt bikes, motorcycles, etc. He said they would like to operate between the hours of 7:30 a. m. and continue to 5 P. m. After Phase I four inches of top soil will be put down and the area will be seeded. Mr. Grace concluded by stating that one of the requirements of the Zoning Regulations is that the area will be enhanced, and this is the case here. He added the entire operation may take three or four years, and the applicant will be returning to this Commission and IWA at future dates. He said they are willing to post a bond to ensure that the work is properly done. Planning and Zoning Commission 2-7/21/81 Mr. DeMallie, in his report, said the truck traffic and routing will be crucial; there should be buffering between the residences on Sullivan Avenue and the site; and, the maps are too large, and should be reduced in size before filing. Mr. Bowen Davies, Deputy Town Engineer, read a report from Jules Page, Town Engineer, which is attached to these Minutes and made part hereof. The Commissioners, upon questioning the applicant, determined that there is a natural wooded area between the site and Steep Road which will be an adequate buffer. The brook that runs through the property is usually dry and they expect the detention basin will not actually hold much, if any, water. A discussion ensued regarding the truck traffic and impact it could have on Sullivan Avenue, and whether there would be erosion on the site. Messrs. Grace and Mitchell felt there would be little erosion and adequate methods would be taken to prevent same. 2. Application of T. M. G. Construction Corp. for approval of a General Plan of Development and zone change from RR to MF-A on approximately 26 acres located south of Sullivan Avenue and west of West Road. Attorney Harold Cummings appeared on behalf of the applicant and stated that this property is at West Road and Sullivan Avenue and pointed out the location on the zone change map. It is zoned Rural Residential and essentially used for crop growing, and has undeveloped woodlands. They plan to construct 150 PUD's, and the development will be called "Southwinds". He outlined how this site was chosen, and said the area is ideal because it is bounded on the north by land zoned Industrial. The access road will be onto Sullivan Avenue and will be 60' wide. This will be the only access to the site, howevdr, there is a 60' wide easement to West Road that will be deeded to the Town, together with a sum of money to ensure that the Town can design and do whatever it wishes. Mr. William O'Neill of Fuss & O'Neill said that they have placed the structures on the useable land. Sewers are on Sullivan Avenue with a sufficient capacity to serve all the homes and water is available. A detention basin will be located so that all the water from both west and east will drain into it, and sedimentation and erosion control can be readily accommodated since there are no major slopes andnormal procedures can be used during construction. Groundwater will be of no concern since there are no basements. There will be a basketball court, turfed play area, deck tennis and room for a par course. 2.2 acres of area will be for active recreation and an additional 4 acres for passive recreation, plus an additional 8.2 acres which will be left free and open. Mr. Curran, a traffic engineer with Fuss & O'Neill, reported that Sullivan Avenue is the primary road consisting of 2 13' lanes with 3' shoulders, plus another 6' or so of area that is level without obstructions. In March, 1981, they used counters to guage traffic on the road. The average daily traffic is 10,000 vehicles, with 975 vehicles per hour during the p. m. peak period. The driveway to this complex will be located 1400' west of West Road and the sight distance is in excess of 1,000' in both directions. The posted speed is 45 m.p.h. , and the actual average operating speed is 45-50 m. p. h. They estimate there will be 5.1 trips per day per occupied unit, adding up to Planning and Zoning Commission 3- 21/81 755 trips per day if completely occupied. Ten per cent of these trips will occur during the p. m. peak hour, amounting to 77 vehicles per hour that will be generate~7.by this facility during the peak hour. Distribution ill be about 50-501, or about 38 v.p.h. in each direction on Sullivan Avenue. Level of service will be tic". Design capacity for level "c" is 1180 v.p.h. , and right now the; have 975 v.p.h. , and by adding 38 or 39 vehicles it will mean 1,014 v.p.h. during peak hour. They do not believe this increase will warrant traffic lights. There are about three accidents per year in the vicinity of West Road and SullivanAvenue. They are creating another facility, but expect the impact will be minimal. They propose to have a bus shelter at the intersection on Sullivar Avenue, and pedestrian traffic is very low or non-existant. Mr. Cummings then said they would like to see a traffic signal at the intersection and will place into an escrow account sufficient sums so that the Town could install signals at some future time in the next three or four years. Mr. O'Neill then stated that they will need about 60,000 cu. yds. of fill, but to be on the safe side would estimate about 70,000 cu. yds. That would be about 11 trucks per day, or if they speeded up the procedure to a four month period perhaps 22 trucks per day. A minimum number of trees will be cut( Attorney Cummings said that they will not cause additional problenz with drainage? but since they will not be correcting any problems eithEr., they would be willing to pay the Commission and/or Town twice the usual amount collected; i.e. , $100 per unit rather than $50. Mr. Cummings said the difference between a PUD and condo, is that every PUD unit is connected to the ground and each unit has its own exclusive area of land in front and to the rear of it, which is not owned by the develop ent. Mr. Dan Wright of Vernon, the architect for this development, sai they will have one and two bedroom units. The two bedroom units will have 16 sq. ft. and the one bedroom units 780 sq. ft. Each unit will have an ind or garage with additional options of family room, laundry and extra storage space . Each unit is a town house with its own access and exit consisting of t o levels above a garage. There will be 4to- 8 units per building, and therE will be 6 handicapped units with an optional second bedroom upstairs. There will be two fire walls between each unit from the garage right up through the roof, and a combination of materials will be used for siding. Mr. Wrigbt produced sketches of the proposed complex showing court yards and open spaces. Mr. Cummings referred to the data block and said regulations allo 168 units, and they have proposed 150; regulations allow 63 one-bedroom and they propose 15-27; 160 two-bedroom units are allowed and they propose 123-135. They will not have any three bedroom units although regulations permit 48. a said they would like some feedback from the Commission on how many one and two bedroom units there should be. Mr. Wright noted that there will be additional parking spaces to the rear, and that parking has been provided so that pecple can park in fron t of their unit. Planning and Zoning Commission 4- 7/21/81 Mr. Jerry Modell appeared and stated he was with T. M. G. Corporation. They decided to go with PUD's because of economics. The homes will be cheaper since they can give the purchasers a land lease which will cut the down payment in half. They will be allowed to lease the land for 30 or 40 years with only 10 per cent interest, and there will be no prepayment penalty if their chose to buy the land. Mr. Bowen Davies, Deputy Town Engineer, read a report from the Town Engineer, Jules Page, dated July 15, 1981, which is attached to and made part of these Minutes, and marked Exhibit "B". He also read a letter from the Inland Wetlands Agency expressing its concerns, which is attached to these Minutes and marked Exhibit "C". Mr. DeMallie, Director of Planning, made the following comments: The develop- ment does not conform to the 1967 Comprehensive Plan, but the '77 update leaves it to the discretion of the Commission. He agrees with the extra money for the drainage assessment account, and with moneys being held in escrow for the traffic light. The Commission should give much consideration to whether or not egress to West Road is desirable. The use would be fairly compatible to the existing land uses around it. There may be a question of whether subdivision approval is necessary since this is a PUD complex, and perhaps the Town Attorney should be asked to look into this. The General Plan should be divided into two sheets for filing. Page 1 of the Plan should specify PUD, not condominium. One of the buildings does not appear to conform to setback regulations. He raised the question of whether handicapped units should be built if there is no demand for them, and the possibility of utilizing solar energy for heating. Speaking in favor of approving this application were Malcolm Anderson of Man- chester, and Judy Lavesco of Sullivan Avenue in South Windsor. Mr. Allan Caffyn spoke on behalf of Industronics, Inc. ., of 489 Sullivan Avenue, the adjoining property owner. He said he was neither in favor of or opposed to the application but wished to express one --concern he had.He noted that his company plans to expand and would not like to encounter difficulty from this Commission at some future date because of industrial uses next to residential areas. He pointed out the land owned by Industronics on the maps. The following persons spoke in opposition to this application citing traffic concerns, problems with drainage on Sullivan Avenue due to the fact there are no storm drains, and the impact on wildlife: Robert Benson, 15 West Road, James Snow, 1019 Strong Road, and Mr. Dulf of West Road. Mr. Snow noted that when the complete report of Vernon Anderson is received he felt sure it will show that there will be an adverse effect on wildlife. Attorney John J. Woodcock appeared on behalf of Albert Krivickas of 165 West Road, who was opposed to this application. Mr. Krivickas owns property to the south of this site and shares a 25,000 foot boundary. He opposes the application because it will do great violence to the wetlands area; there are serious drainage problems; it is environmentally unsound; and will create traffic and safety hazards for the residents who would occupy this complex as well as others. Planning and Zoning Commission 5-7/21/ 1 Attorney Woodcock then presented a petition signed by approximat ly 107 persons, most of whom reside on West, Strong or Foster Roads, opposing th s zone change because allowing multi-family dwellings on wetlands property wil require extensive filling and draining of the property which will advers ly affect surrounding properties and because added traffic burdens would result to Sullivan Avenue and feeder roads such as West, Strong and Foster A member of the audience asked if this was the same petition that was presented to the Inland Wetlands Agency, and it was determined that it is not. Mr. Woodcock then produced a map upon which the wetlands areas were designated and noted that 11.5 acres are wetlands, and 14.5 acres are not. He referred to the soil study dated December 10, 1980, which is part of the report submitted with this application, and also referred to page 7, line 3 in the General Plan submitted which said "Drainage, however, may require filling before construction of slab foundations. Additional test pits should be dug to confirm bearing capacity." He concluded, based on the report in the General Pla , that the soil was poorly suited for urban use or recreational activities. Mr. Woodcock then submitted xerox copies of a report by the National Homebuilders Association which he felt indicated there were too many multi-farLily dwellings being built in South Windsor compared to what was done in the past. He also submitted a xerox copy of a report of the Dept. of Commerce showing the number of units built in 1976 and '77 (92 and 120) and noted that this year alone this Commission has approved 545 units. Mr. Woodcock concluded by stating that there is ample other land in South Windsor able to accommodate this type of development without such an impact on wildlife, traffic and safety. Mr. Albert Krivickas of 165 West Road then said he would like to make a few more additional comments and submitted a 7 page report, including photographs of the site as it currently exists. In his report he questioned the suitability of multi-family housing on this site because of poor soil drainage, mosquito problems, wells, the fact that there is a drinking establishment nearby which could create problems for the owners of the proposed multi-family dwellings, traffic, and the fact that dwellings without basements should not be permitted anywhere because they are not energy efficient. He also added the impact on wildlife would be significant and said he feels there is a aquifer on this site. The Commissioners then proceeded to ask questions. Mrs. Evans questioned how deep the water was on this site and Mr. O'Neill said it might be about 12-18". She asked how much land each owner would own, and was told about 30 or 40' out from his unit. Mrs. Montana asked what percentage of the wetlands would be fillea in and how this would affect property to the south when the water is displaced since the property is flat and there are no contours. Mr. O'Neill felt this could be worked out in the final design and water could be kept off the Krivickas property and that it was feasible in his opinion to dam or contain that water. Planning and Zoning Commission 6- 7/21/81. Mr. Hallowell asked after the units are sold who will own the land, and Mr. Cummings replied the master association. He said it's no different than a condo in that the master association owns the common areas. He said the distinction is theoretical since the bank can mortage leasehold interest in a piece of land. Mr. Hallowell then noted that they appeared to ignore the principal roadway, and Mr. O'Neill pointed out on the map the principal road which has no parking and serves lots which have parking. Mr. Hallowell noted that this is similar to the original Bryrewood and said the Commission was trying to get away from that. Mr. Conde asked who will maintain the detention area, and was told the developer will. Mr. Conde then referred to the map submitted by Atty. Woodcock showing the wetlands areas and asked if Mr. O'Neill agreed, and Mr. O'Neill said he did not agree with all of it. Mr. Conde raised a question about the handicapped units, and Mr. Cummings said they couldn't guarantee their use as such, because no one may wish to buy them. Mr. Gay noted that Mr. Woodcock said there were too many multi-family units proposed for South Windsor, and Mr. Cummings said he disagreed, and these were a little different since they are PUD's. Mr. Sorenson asked for clarification of the recreational areas, and Mr. Gilligan asked for clarification of the levels in the buildings and was told the ground level is the garage, with a first and second story above it. Mr. Gilligan asked if a traffic study was done at the intersection of Route 5 and Sullivan Avenue at peak hours, and was told they did not since they didn't feel service would be affected. Mrs. Evans asked if they would do all the filling prior to construction, and Mr.Cummings said it would be done in stages or phases. Mrs. Montana noted that Mr. Caffyn raised a question about the desirability of multi-family dwellings next door to an industrial operation, and Mr. Cummings said he didn't feel that would be a,problem since Industronics is a very clean business and they will have a buffer area of plantings on their property and will also install plantings on Industronic's property. Mrs. Montana said the Commission does not intend to preclude industrial development along Sullivan Avenue. Attorney Cummings then said he disagreed with the report filed by Mr. Krivickas and the comments made by Attorney Woodcock and added that they had sufficient time to prepare their own engineering study, if they disagreed with the applicant's or the Town's engineers. Mr. Davies of the Town's Engineering Dept. said that the Town is saying that mechanically the site will work, and suggested that the Commission read Mr. Anderson's report, dated 1/22/81. A copy of that report is attached hereto and made part hereof, marked Exhibit "D". Members of the audience noted that report stated that limited detailed design information was provided, and asked if the Commission would be receiving a more complete report. Mrs. Montana informed the audience that the Commission would not be securing any further reports and would make its decision based on what was brought out at this Public Hearing. Planning and Zoning Commission 7- 7/ Y/81 Attorneys Cummings, Woodcock and Ahearn disagreed with each other s comments at length, and made closing statements, followed by closing statements from Messrs. Krivickas and Modell. No new information was brought out Mrs. Montana concluded by stating the Commission would decide this matter based on what was presented this evening. Mr. Sorenson added that the Commission does not have to accept everything that was said as the gospel truth. Mr. Hallowell moved the public hearing be adjourned at 11:45 P. M. Mr. Conde seconded the motion. It was unanimously voted and so ordered. SPECIAL MEETING 1. T & M Building Company, Country View Estates Mr. Hallowell moved that the above applicant be granted a 90 day extension of time in which to file the final plans. Mr. Conde seconded the motion. The extension is from July 27, 1981 to October 25, 1981. It was unanimously voted and so ordered. Respectfully submitted; f Virginia S. Graney, Recording Secr tary APPROVED: July 15, 1981 MEMORANDUM TO: Planning and Zoning Commission FROM: J. Page, Town Engineer RE: Jahn J. Mitchell, Trustee, Removal of sand The Engineering Department has reviewed the plans submitted by Fuss & O'Neill on this project. The subdivision plan is really only lines on paper and does not involve any earth moving or other construction. It essentially divides the land into the existing lots and I see no problems with it. The topographic/conservation plan has also been reviewed and it reflects the concerns of the Engineering Dept. in the following manner: 1. A 50' buffer will be provided along Graham Road with new plantings where necessary. 2. There should be no disturbance of the brook. 3. The operation should require inspection of Phase I before proceeding to Phase II, etc. 4. The curb cut is along Ayers Road and is paved. 5. A detention and sediment basin has been designed in accordance with Town specifications. 6. IWA has approved only Section or Phase I with conservation controls. The Plan as presented meets the Engineering Dept. approval. I l r' July 15, 1981 MEMORANDUM TO: Planning and Zoning Commission FROM: J. Page, Town Engineer RE: T. M. G. Construction Corp. Zone Change from RR to MF-A Since the previous application on this site was withdrawn, the Engineering Department has worked extensively with Fuss & O'Neill on the General Plan. The areas of concern that have been addressed are as follows: 1. Impact on Wetlands. a. The wetlands area in the center of the site which comprises about 5 acres will be left relatively undisturbed. Special precautions will have to be taken on the wetlands that abut the Kr vicus property. b. About 1005,000 cu. yards of fill will have to be brought to the site. This fill material will meet the State D.O.T. specifications for a free draining material. This gill allow for the movement of ground water under the site. c. All drainage systems will be slotted pipe with Beehive type leaching catch basins which will allow, the maximum amount of st rm water to percolate back into the ground. d. The detention basin will handle all storm drainage and discharge into a ditch near Industronics. Legal right to drain will have to be obtained. 2. All traffic will exit and enter the site from Sullivan Avenue. The Engineering Dept. feels that No ri`raffic should exit onto West Road. State DOT will have to approve this. 3. Sanitary Sewers by gravity to Sullivan Avenue will have to be approved by the Sewer Commission. st' t C . 61- ft law ale siouA ?dl:a 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CON . 06074 ox•co" AREA CODE 203/644-2511 July 15, 1981 T. f,:. G. Construction Corp. c/o Harold Cummings, Esq. Kuehn, Cavanaugh & Cummings 968 Farmington Avenue West Hartford, Connecticut 06107 RE: APPLICATION NO. 186 Dear Mr. Cummings: After discussing your proposal for multi-family development south of Sullivan Avenue, the Agency feels additional information is needed regarding the following: 1. More specifics regarding f ill material and amoimt. 2. Effect on the potential aceuifer. 3. High water table and its impact on building an road stability. The Agency is in recess until September. 1, hen you have answers to the above mentioned concerns, kindly contact us for placement on the next available a•enda. Vero, truly yours, Ccnstance 3riksscn h iri:an. F SOUTH ;YINDSOR C_:chm CC: Marshall Montana, Chairman, PZC Vern Anderson, SCS A. Bogen Davies, Deputy Tolivn engineer I United States Soil 340 Broad Street si Department of Conservation Windsor CT 06095 Agriculture Servic Phone 688 4946 January 22, 1981 TO: Hartford County Soil and Water Conservation District FOR: Fuss & O'Neill, Inc. Consulting Engineers RE: Proposed 25 acre parcel for development, west side of West Road and south of Sullivan Avenue, South Windsor INVENTORY AND EVALUATION i This report is general in that limited detailed design information wa provided for it. Additional review for specific concerns can be made after comprehensive detailed plans are submitted. l A condominium complex is proposed to be located on this 25-acre parcel. Town sewage and water provisions can be assumed. A field tour of the site took place on 1/20/81 by Jerry Modell and myself. This acreage is predominantly grassland and cropland with some existing woodland. Ma or species of the woods are red maple, pin oak, swamp white oak, white o k and gray birch. Other than the acorns from the oaks, these trees hav a low food value for wildlife. The white oak and pin oak generally gro on moderately well drained to well drained soils. As is noted on the soil map from the Soil Survey of Hartford County, much of the area is wetland soils. Industrial buildings have been built on what was previously wet soils to the north. This tract is located near the upper end of the watershed. Any further development above this proposed site will contribute insignificant amounts of increased stormwater runoff across this site. The wetlands of the 25 acre tract are on rather flat topography. There is slow movement of waters out of the area during periods of peak run f f. The wetlands presently in grassland have less significant importance for wildlife uses than if the area was allowed to return to natural vegetation. The wetlands to the south of this parcel are also located on rather f at terrain. Water movement through this area is generally slow. The wetlands that lie east of Nest Road flow into the Podunk River, a fragile watercourse. The wetland areas adjacent to this watercourse have major significanc as t wetlands for wildlife and other uses. r l Data taken from the map, "Groundwater Availability in Connecticut", f om S the Natural Resources Center of Department of Environmental Protectio , show that this site is located in an identified aquifer area. This a uifer t is capable of yielding small to moderate amounts of water to individual wells. The fine grained stratified drift has a water saturated thickness of 10 feet or greater. The Soi Cons rvation S rvic f SCS-AS-1 Utisanagencyofthe10-79vDepanmntofAgricuRw 1 y wn.a.riur+n rarrxr•dY!•w.mNAilcaS9Wlyi FOR: Fuss & O'Neill, Inc. Page -2-January 22, 1981 RE: Preposed 25 acre parcel west side ofWest Road and south of Sullivan Ave, South Windsor INVENTORY AND EVALUATION (CONTID)If the site is approved for construction it will be important to control all soil sediment movement at each disturbance site so that a minimal detrimental effect occurs to the downstream wetlands. Hay bale check dams properly placed across major waterflow areas will help to control soil sediment losses.Locate all buildings on the upland soils as much as possible to avoid the loss of wetland soils to other land uses. Generally the proposed building sites will be on upland grassland. Some buildings will be located in woodland. Buildings without basements (as planned) is encouraged due to the seasonal high watertable limitations exhibited at the site.Destroy as few trees as possible.If the proposed road is constructed across the wetlands along the north boundary, plan to elevate the road by using fill to meet the Town regulations.An elevated road will be important to provide proper drainage. The wetlands i that the planned road will be crossing are mostly located on grasslands.ThereisarightofwayfromthepropertythatgoesnorthtoSullivanAvenue.A detention basin is proposed to be located either at the west boundary oftheparcelortothewestandofftheproperty. This basin could also emporarily used as a sediment basin during construction if necessarye c.- ad all areas soon after disturbance as temporary possiblewithtemPpyand perman-ent brass mixes as necessary. The Connecticut Erosion and Sediment Control Handbook can be used for additional information on structural and vegetative measures, i ernAndersonDistrict Conservationist USDA Soil Conservation Service ATTACHMENTS 9 i CC: Jerry Modell 28 Horseshoe Lane, Madison CT 06043 i i f i i i1 r owN BF t Ca 7-awt, o-1?SaatA ?d&zd&A Cj 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 0 074 oe-COy' AREA CODE 203/644-2511 September 23, 1981 Harold R. Cummings, Esq. 1665 Ellington Road South Windsor, Ct. 06074 Dear Sir: Re: App. #824 - T. M. G. Construction Corp. Zone Change from RR to MF-A and General Plan of Development Please be advised that the Planning and Zoning Commission voted unan'mously to deny the above application for a Zone Change and General Plan of Development for approximately 26 acres located south of Sullivan Avenue and west of West Road. Yours very truly, PLANNING AND ZONING CO SSION IMA vg By: If Marshall Montana, Chairperson CC: J. Page, Town Engineer P. DeMallie, Director of Planning CERTIFIED MAIL RETURN RECEIPT REQUESTED Wn' O-P sla ?din v 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 0 5074 OR-CO AREA CODE 203/644-2511 September 23, 1981 T. M. G. Construction Corp. c/o Harold R. Cummings, Esq. Kuehn, Cavanaugh & Cummings 968 Farmington Avenue West Hartford, Connecticut 06107 CERTIFIED MAIL Dear Sirs: At the September, 21, 1981 meeting, the South Windsor Inland- Wetlands Agency denied without prejudice Application NO. 86 for property located southerly of Sullivan Avenue and westerl of West Road, South Windsor, Connecticut, for the following easons: 1. This proposal will require large amounts of fill 2 to 32feet) and four of the fill areas will en- croach upon wooded wetland areas. 2. Fifteen of the twenty-three buildings will partially or entirely be built upon wetland soils. 3. The roadways within the development will be in w t- land areas. 4. The development may create adverse effects upon an identified aquifer and jeopardize shallow wells of residents in the area. 5. The surface and subsurface drainage may alter the wetland character and lower the watertable. 6. This proposal depends on deep open drainage ditches both new and existing) which may pose a hazard to the new residents and may prove to be an unsatisfac- tory means of handling water runoff. 7. The present. in digenous wetland wildlife might be displaced due to a, filling and draining of the area T. M. G. Construction Corp. c/o Harold R. Cummings, Esquire Kuehn, Cavanaugh & Cummings 968 Farmington Avenue West Hartford, Connecticut 06107 Letter of Denial - Application NO. 186 September 23, 1981 Page 2. b. encroachment of the buildings c, increased activities due to residents living in the wetland,-.areas. 8. The recreational areas (Par Course) in the wetland section would be of questionable value for several months of the year due to flies, mosquitoes and other swamp insects. 9. The substantial filling of the wetland areas may affect normal watercoursing and thus create possible flooding. of neighboring lands. 10. The existence of swamp areas in the development may lead to the condominium residents demanding that the Town spray and/or more effectively drain the area, thus further damaging the wetlands. 11. As this wetland is but a fragment of a much larger wet- land area, this development may eventually have larger ramifications than to the immediate contiguous lands. Very, truly yoursP-ol AJga;2 Jonstance Erik on, Chairman INLAND WETLANDS AGENCY TOWN OF SOUTH WINDSOR CE: chm CC: William O 'Neill, Fuss & O 'Neill A. Bowen Davies, Deputy Town Engineer Wayne C. Gerlt, Town Attorney Charles Enes, Town Clerk Edward F. Havens, Mayor Continued on Page 3. T. M. G. Construction Corp. c/o Harold R. Cummings, Esq. Kuehn, Cavanaugh & Cummings 968 Farmington Avenue West Hartford, Connecticut o6107 Letter of Denial - Application No. 186 September 23, 1981 Page 3. CC: Continued from Page 2. Ric and J. Sartor, Town Manager arshall Montana, Chairman, PZC David Sorenson, PZC Liaison Richard Ryan, Town Council Liaison Thomas D'Auria, Building Inspector Peter De Mallie, Director of Planning Frank Salerno, Chairman EDC. ram. t U"- S. scca + UNITED STATES POSTAL SERVICE OFFICIAL BUSINESS SENDER INSTRUCTIONS PENALTY FOR PRIVATE USE TO AVOID PAYMENTPrintyourname,address,and ZIP Code in the space below. Complete items 1,2,and 3 on the reverse. OF POSTAGE, Attach to front of article if space permits.Otherwise U.S.IMAIL affix to back of article. Endorse article"Return Receipt Requested"adja- cent to number RETURN TO BANNING AND ZONING COMMISSION TOWN OF SOUTH Wl'NDSORder) 1540 S ULLI VAN AVE. SOUTH WINDSOR(,trCT.P006814 City,State,and ZIP Code) Ole sload-2, ?&nd'6-at s 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-2511 Solt-co TOTO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY SEPTEMBER 2621981 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the September 22, 1981 meeting, the Planning and Zoning Commission voted to take the following action: 1. Deny the application of T. M. G. Construction Corp. for approval of a General Plan of Development and zone change from RR to NT-A on a proximately 26 acres located south of Sullivan Avenue and west of West Road. Dated at South Windsor, Connecticut this 23rd day of September, 1981. PLANNING AND ZONING COMKISSION Marshall Montana, Chairperson Raymond F. Hallowell, Jr., Secretary r TO- TUT8L tpR1N I SA QUIT.(.Z/IM DEED ANX a61a1 bit t1Us•Alw•c6 14w Print-Publi.sheii T!ul/OlAaV 4fi Tattle 2 Pit A A A 4% A That We, JOHN J. SETSKY, HELEN S. STOZUS, AN IJONY J. SETSKY and ALBERT J. SETSKY, all of the TowiLof South Windsor, County of Hartford and State of Connecticut -- — j for divers good causes and considerations thereunto moving, especially for $10.00 and other good and valuable considerations, -- received to our full satisfaction o HELEN S. STOZUS and ALBERT J. SETSKY, both of the Town of South Windsor, County o Hartford and State of Connecticut, as Co-Trustees, have remised, released, and forever quit-claimed, and do by these presents, for ourselves and heirs, justly and absolutely remise, release, and forever QUIT-CLAIM unto the sai our HELEN S. STOZUS and ALBERT J. SETSKY, IN TRUST, nevertheless, and for the benefit of the above-described JOHN J. SETSKY, HELEN S. STOZUS, ANTHONY J. SETSKY and ALBERT J. SETSKY, their -- the said John J. Setsky, heirs and assigns forever, all such right and title as we have or ought to have in or o Helen S. Stozus, Anthony J. Setsky and Albert J. Setsky g a certain piece or parcel of land situated in the Town of South Windsor, with all the buildi igs thereon, more particularly bounded and described as follows: North: by land now or formerly of Martin Jones; East: by West Road (fo.merly known as Foster Road) and land now or formerly of Mary Nichols; South: by land now or formerly of Robert L. Sadd; and West: by land now or formerly of George W. Bancroft, Estate; containing twenty-five (25) acres, more or less, and being the same premises described n a certain warranty deed of Frank Zilinsky, grantor, to Michael Schitzka, grantee, in the December 22, 1911 and recorded in the land record h in aclerk's office certificate of of South Windsor at Volume 16, Page 475 and also described distribution of real estate from the Estate of Michael Setsky, Sr., Deceased, late of the Town of South Windsor (also known as Michael Schitzka x BOND FOR DEED AGREEMENT made and concluded this a 1980, by antweedbe n HELEN STOZUS AND AL SETSKYI t'F7 Town of South Windsor, County of Hartford and State of Connecticut hereinafter referred to as "Sellers") and THE MANAGEMENT GROUP LTD. , a Connecticut corporation with its principal place of business in the Town of Old Saybrook, County of Middlesex and State of Connecticut (hereinafter referred to as ' Buyer") ; NOW, THEREFORE, it is agreed as follows : 1. In consideration of the mutual covenants and agreements contained herein and in further consideration of the sum of TWO THOUSAND ($2,000. 00) DOLLARS cash to be paid to the Sellers upon the execution of this agreement, the receipt whereof is hereby acknowledged, the said Sellers do hereby a ree that immediately upon the faithful performance of the aid Buyer' s obligations contained herein, the said Sellers wi 1 make and deliver to said Buyer a good and sufficient Warra ty Deed con- taining the statutory covenants, except as otherw se herein excluded, for a certain piece or parcel of land, ituate and being in the Town of South Windsor, County of Har ford and State of Connecticut, comprising of approximately twenty-five (25) acres, more or less, and located westerly of West Road in said Town of South Windsor, as more particularly described on Exhibit A attached hereto and incorporated herein by reference. Said premises will be conveyed subject to building, building line, zoning restrictions and other municipal ordinances of the Town of South Windsor; there being no known easements, rights-of-way or other encumbrances existing as o record. The aforesaid deposit will be held in escrow by the Merrill Lynch/Barrows Co. Real Estate Agency subject to the following contingencies : 1. Upon the execution of this agreement, Bu er shall cause the title to said premises to be examined. If, w thin fifteen 15) days of the execution of this agreement, sai examination reveals that title to said premises is not market ble in accordance with the standards of title, and Buyer wishes to terminate this agreement for said reason, Buyer may do so and receive a return of said deposit and this agreeme t shall then be terminated without further liability to either party. Pro- vided, however, that Sellers at their request may extend said time for a period not to exceed ninety (90) days if in the judgment of Sellers' attorney said defect may be cured within said period, and if said defect or defects is in fact cured within said period, then Buyer shall be obligated to comply with this agreement. Buyer may waive any defect or informality in the title and accept title in its present condition t without any 0 recourse against Sellers because of said defect. In the event Buyer does not notify Sellers of any defects in said title prior to fifteen (15) days after the execution of this agreement, than Buyer shall be deemed to have accepted the title in its present condition and will be obligated subject to the other provisions of this agreement to consummate this agreement, unless the con- dition of the title changes subsequently. If Sellers are unable to deliver marketable title without such failure being caused LAW OFFCES by voluntary act on Sellers' part, then Buyer's remedy shall be KUEHN.CAVANAUGH limited to a return of all monies paid on deposit. AND CUMMINGS P. 9"FARMINGTON AVENUE NEST t"RTFORD.LT 1 06107 203)236.2 73 If title to the premises is satisfactory, in accordance with the foregoing provision, then said escrow shall be released to the Sellers without any further liability on the part of Merrill Lynch/Barrows Co. Real Estate Agency. Sellers agree, that during the term of this agreement, Buyer may enter onto the premises for purposes of engineering, soil analysis and acquisition of such data as is necessary for pursuit of all necessary applications with releva t Town agencies, including applications for change of zone and multi- unit development, including applications to the Z ning Board of Appeals, Planning and Zoning Commission, Inland W tlands Agency and Sewer Commission. Buyer agrees to hold Selle s harmless from any claim whatsoever arising by reason of it or its agents ' and employees' entry onto said premises and to re tore the land to the same condition as found. On or before the 27th day of April, 1981, the Buyer agrees to pay to Sellers- the further and additional sum cof ONE HUNDRED FORTY-EIGHT THOUSAND ($148,000. 00) DOLLARS in addition to the deposit already made so that the total purchase price is ONE HUNDRED FIFTY THOUSAND ($150,000. 00) DOLLARS. At Buyer's sole election, Buyer may elect to extend closing from April 27, 1991 to October 27, 1981 provided however, that prior to April 27, 1981, Buyer shall send written notice to Sellers nd their attorney advising Sellers of the extension and tr nsmitting the sum of THREE THOUSAND ($3, 000. 00) DOLLARS as an a ditional non-refundable deposit. Buyer shall have the rigit to close at any time upon fifteen (15) days written notice to Sellers. In the event, that Buyer fails to obtain the necessary subdivision and zoning approvals, or, at Buyer' s sole election, elects to terminate this agreement, then Buyer may do so provided however, that all deposit monies paid hereunder shall be forfeited to Sellers as liquidated damages. On or before the 27th day of April, 1981, thE Buyer agrees to pay to- Sellers the further and additional sum cf ONE HUNDRED FORTY-EIGHT THOUSAND ($148,000. 00) DOLLARS, in addition to the deposit already made so that the total purchase p ice is ONE HUNDRED FIFTY TH013SAND ($150,000 . 00) DOLLARS, subject to adjust- ment in manner and form as follows: 1. By Buyer giving to Sellers by cash or ce tified check or equivalent the sum of FIFTY-ONE THOUSAND THREE HUNDRED THIRTY-THREE AND 33/100 ($51,333.33) DOLLARS at time of transfer of title. 2. By Buyer giving to Sellers its negotiabl promissory note in the amount of NINETY-SIX THOUSAND SIX HUNDRED SIXTY-SIX AND 66/100 ($96,666.66) DOLLARS. Said note shall be without interest and shall provide for payment and two (2) equal installments of principal in the amount of FORTY-EIGHT THOUSAND O THREE HUNDRED THIRTY-THREE AND 33/100 ($48,333.33) DOLLARS, each, the first due and payable six (6) months from date of closing and the second and final installment being due on (1) year from date of closing. Said note shall be secured by a first purchase money mortgage on said premises, said mortgage shall also pro- vide that the maker of the note shall be entitled to a partial release of the first purchase money mortgage by paying to Sellers a price per release computed as follows: the total purchase price of the property, $1501000.00, shall be divided by LAW OFFICES a number equal to 80% of the number of units or 1 is approved KUEHN.CAVANAUGH for the premises described in Exhibit A. At the time of AND CUMMINGS ft g"FARMINGTON AVENUE WEST HAWMORD.CT 2- 06107 1203)236-2972 1 i J closing and thereafter, at its request, Buyer shall be entitled to a number of partial releases equal to the amount of cash consideration ($53,333. 33) paid divided by the partial release price as computed above. Thereafter, the Buyer shall be entitled to additional partial releases by paying to Sellers, on account of the principal balance of the mortgage cash in he amount of the partial release price for each partial release as required. V Only after the Buyer has exercised its request fo partial releas s allowed in consideration of the cash payments, shall the Buyer be required to pay additional sums on account of the principal balance of the mortgage provided above. However, selection of lots or dwelling units to be partially released MILst be done on a orderly basis in accordance with engineering recorunendations and sound business practice so that at all times, the value of lots or dwelling units subject to the mortgage exceeds by least 201 the unpaid balance of the purchase money mortgage 3. The deposits paid by Buyer to Sellers are non-refundable and shall be forfeited by Buyer in the event that it elects not to go forward. Buyer represents that it will file applications with the various town agencies for approval for the maximum number of units which the town regulations will allow to be built on the premises. In the event that the town grants Buyer' s application for construction of one hundred or more dwelling units on the premises, then the purchase price sh 11 be as provided above. However, in the event that the t wn approves a multi-unit application, but the number of units a proved for the premises are less than one hundred units, then Bu er, at its election, may proceed to close as provided above, provided, however, that the purchase price provided above shall be reduced by an amount equal to $1,500.00 times the differe ce between one hundred and the number of units as approved b the town for the premises. One-third of such reduction shall a allocated to the down-payment and the remaining two-thirds of iuch reduction shall be allocated to reduce the purchase money mortgage. The parties herein represent and warrant that the Merrill Lynch/Barrows Co. Agency is the broker who has ac ed as broker for the Sellers and anyagent's commission shall be paIrokerdby the Sellers Buyer represents that it has dealt with no other with respect to the sale of the property. Buyer warrants and covenants that it has inspected and is familiar with the property and is entering into this agreement voluntarily in its own judgment and does not rely upon represen- tations of Sellers except as appear in this Bond for Deed. Seller agree to deliver the property at closing on transfer of title in the same condition as exists on the execution of this Bond for Deed. This agreement contains the entire agreement by and between the parties hereto affecting the property and sup rcedes any and all previous agreements whether written or oral. O The rights and obligations contained herein hall be binding9gg upon and inure to the benefit of heirs, successors and assigns of the parties hereto. All adjustments of taxes, etc. , shall be computed as of the date of transfer in accordance with procedures of the Hartford County Bar Association. LAW OFFICES KUEHN.CAVANAUGH AND CUMMING&P.C. 9"FARMINGTON AVENUE WEST HARTFORD.CT 06107 3- 120l1 23 -2 73 r IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the day and year first above written. v JW.U4 Uwe eol1 ny t Helen Stozus (S-el er) Albert J. Sets (Seller) Frank E. Ahearn Z 1-.icheline L. Stewart THE MANAGEMENT GROUP, LTD. BY Jerry Modell, k.r Its Vice-President (Buyer) STATE OF CONNECTICUT) ss : South WindsorG.2,3 ,3980 COUNTY OF HARTFORD ) Personally appeared,EELS STOZUS, and ALBERT J. SETSKY, signers and sealers of the forec_oin instrument and who acknowledged the same to be their free act and deed, before me. rE.ranearn Co r of the Superior Court STATE OF CONNECTICUT) Afej,'J ces ) DAD 198 o COUNTY OF O Personally appeared, THE MANAGEMENT GROUP, LTD. , acting herein by JERRY MODELLE, its Vice-President, who acknowledged himself to be the Vice-President of said corporat on, and acknowledged the same to be his free act and deed and the free act and deed of said corporation, b fore me. Af Fl old R. Cummin uWOFFICES Commissioner of the Superior Court KUEHN.CAVANAUGH AND CUMMINGS.P.C. 9"FARMINGTON AVENUE WEST HARTFORD CT 06107 I20M 236-2973 4- EASEMENT PURCHASE AGREE14ENT Agreement made and entered into this day of January, 1981, by and between ANDERSON BROS. REALTY CO. INC a Connecticut corporation with its principal place of business in the Town of South Windsor, County of Hartford and State of Connecticut hereinafter referred to as "Seller, " and the MANAG MENT GROUP LTD. a Connecticut corporation with its principal place of business in the Town of Old Saybrook, County of Middlesex and Etate of Connecticut hereinafter referred to as "Buyer. " In consideration of the sum of FIVE HUNDRED ($ 00. 00) DOLLARS paid upon the execution of this Agreement, Seller lereby grants to Buyer, an option to purchase an easement across, over and under real estate of the Seller, located on the southerl side of Sullivan Avenue in the Town of South Windsor, which. easement shall be sixty (60) feet in width and approximately sever hundred (700) feet in length, and bounded and described as folio s : Commencing at a point in the southerly line of Sullivan Avenue which point is the northwest corner of premises of the Seller herein and the northeast corner of land now or formerly of Gasland Corporation; thence turning and moving southerly along the existing westerly bound of said premises of the Seller seven hundred (700) feet more or less to a point which p int is the existing southwesterly corner of the premises of the Seller and located in the northerly bound of land now or formerly of Stozus, et al; thence turning and moving easterly along said northerly bound of Stozus, et al, sixty (60) feet to a point; thence turning and moving northerly in a line parallel to the existing westerly line of premises of the Seller seven hundred (700) feet more or less to a point in the existing southerly line of Sullivan Avenue; thence turning and moving westerly along the southerly line of Sullivan Avenue sixty (60) feet to the point and place of beginning. Said premises being the westerly portion of land acquired by Othe Seller herein from Charles Elinskis by deed as of record appears. The entire purchase price for said easement iE TEN THOUSAND 10, 000. 00) DOLLARS, and is to be paid as follows : By cash or LAW OFFICES certified check at the time of the exercise of this option by the KUEHN,CAVANAUGH AND CUMMINGS.P.C. 968 FARMINGTON AVENUE WEST HARTFORD.CT 06107 203)236.2973 Buyer herein, and the tender by deed of the Seller to the Buyer herein of an easement in favor of Buyer, its successor or assigns 4 across the above described premises of Seller. ae ler certifies that said easement shall be a first lien upon the and at the time of closing. Seller shall be responsible to obtain any releases of mortgages or other encumbrances which may be upon said premises. Buyer shall have until 5 p.m. , April 9 , 1981 in which to exercise this option hereunder and to tender said sum for the purchase of said easement as provided abov ,subject to a credit for the deposit paid this date. In the event that Buyer does not elect to exercise said option by April 9 , 1981 then, upon written notice to the Seller, the Buyer shall have the right to extend said option for one additional term of three (3) months until July 9, 1981, provided, however, that the Buyer tender to Seller at the time of such extension an additional deposit in the sum of FIVE HUNDRED ($500. 00) DOLLARS as consider- ation for the additional option. In the event that. Buyer does not elect to exercise its option hereunder, all deposit monies paid hereunder shall be forfeited to Seller as consideration for this Option Agreement. In the event that Buyer el cts to exercise its rights, then all deposit monies paid hereunder shall be credit- ed to Buyer at time of closing on account of the consideration of Ten Thousand Dollars as provided above. If not sooner released or exercised, in accordance with the terms hereunder, this option shall be null and voi upon the Qexpiration of the time periods provided above. Said easement shall provide that the Buyer he ein shall have the right to install, at its cost and expense, all utilties, including but not limited togas, water, electric, telephone and sewer, by means of pipes or conduits whether above or below LAW OFFICES KUEHN.CAVANAUGH AND CUMMINGS.P.C. 966 FARMINGTON AVENUE 2- WEST HARTFORD.CT 06107 203)236-2973 ground, and further, the right to pass and repass Eorever over said easement area, said easement to be a covenant running with the land. Furthermore, the Buyer shall have the r ght to maintain an access way or driveway across the easement area for purposes of ingress and egress from Sullivan Avenue souther y to premises south of the Seller' s land known as the Stozus par el. The Buyer shall have the right to improve the easement area at its own cost and expense to and including laying of concrete or asphalt for purposes of a driveway as provided above. Provided, however, that the Seller, its successors and assig s shall have the right to pass and repass over said easement area in common with the Buyer, and further provided that the Seller shall also have the right to access to, and connection with, any and all of utilties which the Buyer may install within said easement area. The Buyer shall as a condition of said easement, grant such tie in , rights to the Seller, provided however, that a provals for such connections or tie ins, shall be obtained by the Seller from the appropriate municipal agencies, or utilit companies, at the Sellers cost and expense. Said Easement Agreement shall further provide, that Seller shall retain all rights, interest and ownership in said land not necessary, or pertinent to, the rights granted to the Buyer under the terms of said easement; and, the Buyer shall farther hold the Seller harmless from any claim or loss arising to any third Oparties by reason of Buyer' s activities with respect to the devel- opment and improvements upon said easement area, and Buyer further agrees to regrade and reseed the disturbed areas within said easement upon completion of the construction provided above so as to restore the land to as near its original condition as reasonably LAW OFFICES possible. KUEHN,CAVANAUGH AND CUMMINGS,P.C. 968 FARMINGTON AVENUE WEST HARTFORD.CT 3- 06107 203)236-2973 Buyer further agrees to, in the course of construction of said sewer line as referenced above, to provide for two points of lateral connection for future tie in to said sewer line, which points shall be made available to Seller in the event that Seller desires to tie into said line in the future as pro- vided above. THIS AGREEMENT shall be binding among the parties hereto, their successors and assigns forever. Dated at South Windsor, Connecticut this 9th ay of January, 1981. WITNESS: I ANDERSON BROS. REAL Y CO. INC. aro d R. Cummings By Malcolm Anderson, Its President fit j- RuL f sse 1 A ders n THE MANAGEMENT GROUP LTD. Vbld R. Cummings By Jerry Modell, Its President STATE OF CONNECTICUT) SS. South Windsor, Conn. Jan. 9 , 1981 COUNTY OF HARTFORD ) 0 This Agreement was acknowledged before me, Harold R. Cummings, this 9th day of January, 1981, by Malcolm Anderson as President of Anderson Bros. Realty Co. Inc. Harold R. Cummings, Commissioner of the Superior Court LAW OFFICES KUEHN.CAVANAUGH AND CUMMINGS.P.C. 968 FARMINGTON AVENUE 4 WEST HARTFORD.CT 06107 203)236-2973 STATE OF CONNECTICUT) SS : Manchester, Conn. Jan. 9 , 1981 V COUNTY OF HARTFORD ) This Agreement was acknowledged before me, Harold R. Cunuuing , this 9th day of January, 1981, by Jerry Modell as Vice-President of said corporation. v tai!old R. Cummings, mmissioner of the Superior Court 0 LAW OFFICES 5 KUEHN.CAVANAUGH AND CUMMINGS,P.C. 969 FARMINGTON AVENUE WEST HARTFORD,CT 06107 203)236-2973 i REAL ESTATE PURCHASE OPTION AGREEMENT Agreement made and entered into this da of July, 1981, by and between ANDERSON BROS. REALTY CO. INC. , a Connecti- cut corporation with its principal place of business in the Town of South Windsor, County of Hartford and State of Connecti- cut hereinafter referred to as "SELLER" ,, and the' T.M.G. CONSTRUC- TION CORP. , a Connecticut corporation with its principal place of business in the Town of Old Saybrook, County of Middlesex and State of Connecticut hereinafter referred to as "BUYER. " In consideration of the sum of ONE ($1.00) DOLLAR and other valuable considerations paid upon the execution of this Agreement Seller hereby grants to Buyer, an option to purchase a portion of the real estate of the Seller located on the s utherly side of Sullivan Avenue in the Town of South Windsor which portion shall be the southerly most portion of the Seller' s property containing approximately 48,000 square feet, bounded and describ- ed as follows : Commencing at a point which is the southwest rly corner of the Seller' s premises and which point is also the southeaster- ly corner of land now or formerly of Industronics Inc. at which point is also located in the northerly line of la d now or formerly of Stozus, et al; thence turning and mov ng easterly along the existing southerly bound of the Seller' premises Two Hundred and Forty (240) feet more or less to point which is the southeasterly corner of Seller's premises; thence turning and moving northerly approximately Two Hundred (2 0) feet along the existing easterly line of Seller's premises to a point; thence turning and moving westerly in a line parallel to the existing southerly bound of Seller' s premises Two Hundred and Forty (240) feet more or less to a point in the existing westerly bound of Seller' s premises; thence turning and moving southerly along the existing westerly bound of Seller' s premises Two O Hundred (200) feet more or less to the point and place of beginning. Said description referenced above is subject to survey. Reference is hereby made to map or plan entitled 'General Plan of Development Plan Unit Development prepared for T.M.G. Constru-- LAW OFFICES ction Corp. West Road South Windsor, Connecticut lated March KUEHN.CAVANAUGH AND CUMMINGS.P.C.27, 1981 as prepared by Fuss & O'Neil Consulting Engineers 968 FARMINGTON AVENUE WEST HARTFORD CT Manchester, Connecticut the area described above eing 06107 203)236-2973 2- the "Detention Basin" as shown on said map or plan. It is the intention of the parties that the area to be conveyed from Seller to Buyer herein shall be the southerly portion of Seller' s premises and shall include the entire area between the existing easterly and westerly bounds of Seller' s Dremises from the southerly line northerly to a point Ten (10) f et north of the existing limit of the detention basin as shown on said map or plan, which point is approximately Two Hundred and Forty 240) feet from the southerly line as described above. So long as the total area to be conveyed, subject to final survey, as described above, does not exceed 53, 000 square feet, then this Agreement shall remain in full force and effect; however, in the event that said area does exceed 53,000 square feet, then in that event Seller shall be entitled to additional compensation from Buyer on a pro rata adjustment being the amount by which the total area to be conveyed exceeds 48,000 square feet as measured against the original option price. The entire purchase price for said parcel is WENTY THOUSAND 20, 000. 00) DOLLARS to be paid by Buyer to Seller at the time of the closing and sale with respect to the last t n (10) residential dwelling units to be constructed on the premises of buyer, southerly of the above premises. Seller shall convey to Buyer the real estate described above at such time as Buyer purchases the easement previously negotiated between Seller and 0 the Management Group Ltd. which easement is dated kJanuary 9, 1981. At the time of the exercise of the easement option rights, Buyer shall pay to Seller the remaining sum due under the terms of the easement agreement and Seller shall convey the easement LAW OFFICES and the land described above. In addition, Buyer shall execute UEHN.CAVANAUGH NDCUMMINGS. P.C. such documentation as is reasonably necessary to secure Seller' s 58 FARMINGTON AVENUE WEST HARTFORD CT rights to the future payment of Twenty Thousand ($ 0, 0 0 0. 0 0) 06107 203)236-2973 Dollars as provided above, which sum shall be payable in Ten (10) 3_ 4 installments of Two Thousand ($2, 000. 00) Dollars e ch upon the sale and conveyance of the last ten units to be so d in Buyer' s development on the parcel southerly of the premise above , * Seller further acknowledges that the easement purchase agreement dated January 9, 1981 as referenced above has been assigned from the Management Group Ltd. to T.M.G. onstruction Corp. , the Buyer herein. Seller further grants to the Buyer as part consideration for this Agreement an extent on of said option agreement to 5 p.m. December 1, 1981. This Agreement shall be binding upon the parties hereto, their successors and assigns forever. P14L Dated at South Windsor, Connecticut this day of July, 1981. W SS: ANDERSON BROS. REALTY C.O. INC. By Malcolm Anderson, resident T.M.G. CONSTRUCTION CORP. By Jqkr Mo 1, Its President STATE OF CONNECTICUT) ss. So. Windsor, CT July 1981. O COUNTY OF HARTFORD ) This AcLreement was acknowledged before me, HARD D R. CUMMINGS, this 9M day of July, 1981, by Malc lm Anders n as President of Anderson Bros. Realty Co. Inc. H of R. Cummings, Commissioner of the Superio Court LAW OFFICES UEHN,CAVANAUGH aNDCUMMINGS.P.C.but in no event later than eighteen (18) months from date of 66 FARMINGTON AVENUE conveyanc of premises described a ov . WEST HARTFORD.CT 06107 V 203)236-2973 4-- STATE OF CONNECTICUT) ss. South Windsor, CT July 1981 COUNTY OF HARTFORD ) 4 This Agreement was acknowledged before me, HA OLD R. CUMMINGS, this day of July, 1981, by Jerry Modell as President of T.M.G. Construction Corp. lei%6dt ( Ha R. Cumiftngs Co ssioner of the uperior Court 0 LAW OFFICES UEHN,CAVANAUGH kND CUMMINGS, P.C. 58 FARMINGTON AVENUE WEST HARTFORD CT 06107 203)236-2973 II I t . 1 1iIIIa 1PROPOSEDII SANITARY I I II /' t/i Ell • ( tn a IMANHOLE Alt SULLIVAN r i AVENUE 1 IIHESANITARYMANHOLE 1 F I 1 tl WITH CAPPED STUB ,j VACANT I} f t tSE aj I GAS STATION; RICK y / et3_ f' f,, r10u;aE I METAL BARN`\ ` l ' ( t 2LDO GARLai 1 TRAIts INC. 1 mar ' 1 1` Of WETLANDS 1 1 1 p II III \, 1 1n 11 I t t TEST PIT ICI 03 I 1 s4 SHEDI 6 G QHODS 1 7-Y-*_7'^ tip•T::':',:I m TEST PIT I I e6 s2 ® ET LANDS' I IOTESTPIT ST PIT k::: :y:.. Itiff•.s.• r l t FUSS&aNEILL MANCHESTER, CONNECTICUT EXISTING SITE t N 1 SOU TH'W I N DS O R,C O N N ECTI CUT PR N 80-236-0 DATE: 12-15-80 A I"= 200 FIGURE 2 1 rcrl PROPOSED I SANITARY fI MANHOLE 111 1-,y_-1 ab It / / 1 I I+ vim- w+ it -------'! L-- -- 1— ---------AVENUESULLIVAN H E 1 SANITARYMANHQLE r"rr•- I I i 1 I 1`I WITH CAPPED 8 STUB VGAA$C ANTI. rSTATION; i GA fF IiQUSE I MEAL BARN\, GAR 1 t TR I INC. MI In WETLANDS Q 3 1 r" t I Ili F L TEST PIT I 03 TtAT PI SHED," 4 t D TESTSPIT® ET AND& O TEST PIT 1 161T ti Illf- It I f to N $ 6 FUSS&CYNEILL MANCHESTER, CONNECTICUT t ` EXISTING SITE WAVEST ROAD 4 SOU TH'W I N DS O R,CO N N ECTI CUT 4 eFt r,r r>'r' , 1 \J IPROJ.No. 80-236-D DATE: 12-15-80 1"= 200' t 4>s FIGURE 2