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Home My WebLink About22 Wheeler Road (2)i i CITATION I TO ANY PROPER OFFICER: Z BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to summon the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH g WINDSOR, 1540 Sullivan Avenue, South Windsor, Connecticut 06074, 00 RAYMOND F. HALLOWELL, JR. , CHAIRMAN OF THE COMMISSION, 125 Valley View n R Drive, South Windsor, Connecticut, AND MARILYN W. BURGER, TOWN CLERK OF THE TOWN OF SOUTH WINDSOR, CONNECTICUT, 1103 Summer Hill Drive, do South Windsor, Connecticut, to appear before the Superior Court within a g9 and for the Judicial District of Hartford/New Britain at Hartford, 95 CAz Washington Street, Hartford, Connecticut on Tuesday, August 8, 1989, o Y then and there to answer unto the complaint of DOWNEAST ASSOCIATES CWO g LIMITED PARTNERSHIP, Merchants Plaza, 115 West Washington Street, P.O. Box 7033, Indianapolis, Indiana, by filing proper appearance no later than two days after August 8, 1989, by serving the Planning & Zoning x Commission of the Town of South Windsor by leaving a true and attested 0 copy of the citation and complaint with, or at the usual place of abode of, Raymond F. Hallowell, Jr. , Chairman, of the Planning &C Lr LL Zoning Commission of the Town of South Windsor 125 Valley View Drive, Z South Windsor, Connecticut and with, or at the usual place of abode C of, Marilyn W. Burger, Town Clerk, 1103 Summer-'dill Drive, South i i Windsor, Connecticut and by serving in hand or at her usual place of abode a true and attested copy of the citation and complaint upon 0 oMarilyn W. Burger, the Town Clerk of the Town of South Windsor, 1103 qll Summer Hill Drive, South Windsor, Connecticut, and by serving in hand or at his usual place of abode a true and attested copy of the 0 citation and complaint upon Raymond F. Hallowell, Jr. , Chairman of the Ln co Planning and Zoning Commission of the Town of South Windsor, 125 N W Valley View Drive, South Windsor, Connecticut, all according to the statutes provided. d o The plaintiff as principal by its general partner Downeast 5~ OJ" Developers Limited Partnership, Melvin Simon, general partner andU N w Jo Allan Hutensky as surety are recognized in the sum of $250.00 to J ULU Yo prosecute this appeal to effect and comply with the orders and decrees g= of this Court. Hereof fail not, but of this writ with your doings thereon make N x due service and return. So 0 Dated at Hartford, Connecticut this,<eday of July, 1989. a i w ( KARE P. BLADO, ESQ. N Commissioner of the Superior Court Ln I Ln Z 0 i• I i I' i RECOGNIZANCE You, Melvin Simon as a general partner of Downeast Developers Limited Partnership, 0 and on behalf of Downeast Associates Limited Partnership, Merchants 0 o Plaza, 115 West Washington Street, P.O. Box 7033, Indianapolis, Z 35 Old Oak Road Indiana and Allan Hutensky of West Hartford , Connecticut as surety, 0 acknowledge yourselves jointly and severally bound unto the Town of 0 OD South Windsor Planning and Zoning Commission, South Windsor, N Connecticut, unto Raymond F. Hallowell, Jr. , Chairman of the JW Commission, and unto Marilyn W. Burger, Town Clerk of the Town of d South Windsor, Connecticut in a recognizance of $250 . 00 that the s ° 35 plaintiff shall prosecute the action, which it has now co=uenced N w Jo against the South Windsor Planning and Zoning Commission, Raymond F . J U W l , Jr. , Chairman of the Commission, and Marilyn W. Burger,Wo Haowe y g Y•+- g= Town Clerk of the Town of South Windsor, returnable to the S::perior Court for -he Judicial District of Hartford/New Britain at Hartford, N M 0 on August 8, 1989 , to full effect and comply with the orders and co decrees of the Court and that the plaintiff shall pay any costs for W which judgment may be rendered against it thereon. w DOWNEAST ASSOCIATES LIMITED PARTNERSHIP By: DO ST DEVELO E S LIMITED PARTNERSHIP, o i it g eral p to j BY: Melvin Simon, a -Qener p tner i Ii it I I I I As to 1 r1 `,,», taken and acknowledged I before me at Indianapolis , Indiana this day of July, 1989 . 0 o Oz Notary Public—) NANCYA.RYAN cc My Commission Expires : NOTARY PUBLIC STATE Of MIOIAN JOHNSON COUNTY SURETY(URETY'MY COMMISSION EXP.SEPT.6, 19 8 N O 10 Vx, O As to }q t(yL S l taken and a knowledge before me at (--[Connecticut this _] day of July, 1989 . d0 o U f a w J 0 Y 0 Y g¢a eLLARI 111a NOTAity PuBurC MY ODUMI3 " OMIMM MARM 31. "N x0m O r a Cr WW H I W P Q ll 1- W 1 O i I i r1/RhA4A at*"b004- RETURN DATE: AUGUST 8, 1989 o DOWNEAST ASSOCIATES LIMITED SUPERIOR COURT o PARTNERSHIP, Plaintiff, 0Z LA cr V. JUDICIAL DISTRICT OF HARTFORD/ NEW BRITAIN AT HARTFORD 0 PLANNING AND ZONING COMMISSION N OF THE TOWN OF SOUTH WINDSOR, RAYMOND F. HALLOWELL, JR. , CHAIRMAN OF THE PLANNING AND ZONING COMMISSION, and W MARILYN W. BURGER, TOWN CLERK JULY 12, 1989 OF THE TOWN OF SOUTH WINDSOR, U r> Defendants d0 Yto U 5 COMPLAINT N w Z 0 To the Superior Court for the Judicial District of Hartford/New LU Yo Britain at Hartford, comes Downeast Associates Limited Partnership D= appealing from a decision of the Planning and Zoning Commission of the Town of South Windsor and says: N Cn o FIRST COUNT m 1. Plaintiff, Downeast Associates Limited Partnership hereinafter "Downeast") , is a limited partnership organized under the ww N laws of the State of Indiana and authorized to do business in the wr State of Connecticut. Downeast is engaged in the development of the 0 Plaza at Buckland Hills, a proposed shopping center and office parkI hereinafter "Project") on land owned by Downeast and located I i 2— partially in the Town of South Windsor and partially in the Town of I Manchester. o 0 2. Defendant, Planning and Zoning Commission of the Town of jSouth Windsor, Connecticut (hereinafter "Commission") , is the body I with the authority to make planning and zoning decisions for the Town 00 of South Windsor. 9c 0 3 . Defendant, Raymond F. Hallowell, Jr. , is the Chairman of the N W Commission. 4. Defendant, Marilyn W. Burger, is the Town Clerk of the Town d o of South Windsor. 5 g 5. On February 5, 1985, the Commission approved by resolutionNu o Exhibit D) an Application for a change of zone from Rural ResidentialJU Yo to Designed Commercial and a general plan of development in connection gy i with the proposed construction of a regional shopping mall on the site now the subject of this appeal. lV X i 6. The February 5, 1985 resolution stated that upon filing of a09 zone change map, the "Land Use Plan Map, " and the "Grading, Drainagea and Utility Site Plan, " dated September 11, 1984 and prepared by F.A. Hesketh & Associates, the zone change would be effective. These plansg were filed on May 1, 1985. I' Z 7. The Zoning Map of the Town of South Windsor was changed to show the Designed Commercial zone covering the site of plaintiff's Project. i li i I i 3- 8. Some neighbors appealed the February 5, 1985 decision, seeking a reversal of the Commission's grant of the zone change. In 00 0 Pleasant Valley Neighborhood Association v. Planning and Zoning z Cr Commission of the Town of South Windsor, 15 Conn. App. 110 (1988) , from which no appeal was taken to the Supreme Court, the Appellate 00 N Court upheld the Commission's grant of the zone change. a 9. During the pendency of that lawsuit, a regional mall was 0N F approved by the Town of Manchester for a site across Buckland Street from the site of the Project, and construction was begun on said mall Om d 0 o during the fall of 1988. Therefore, Downeast revised its development g~ H plans for the site, reducing the amount of retail space and increasing e z Jo the amount of office space. W Yo 10. By letter dated February 6, 1989, Downeast requested that g= defendants' Director of Planning obtain an opinion from counsel for the Town of South Windsor as to whether defendants required N X plaintiff's Application to include a request for a zone change. 0CO 0 11. By letter dated February 21, 1989, the Director of Planninga requested that Attorney Ralph J. Alexander give verification that the ww N zone change was in place and that Downeast need only file an N application for a general plan (Exhibit A) . Z 12 . By letter dated March 9, 1989, defendants' attorney, Ralph J. Alexander, refused to render an opinion and instead instructed the Commission to contact Attorney Ralph G. Elliot (Exhibit B) . i 4- 13 . By letter dated March 13, 1989, the Director of Planning then 0 requested an opinion from Attorney Elliot (Exhibit C) . 00 to 1 10 14. By letter dated April 25, 1989, defendants' attorney, Ralph Z cc G. Elliot, rendered an opinion that Downeast's Application need not 7 include a request for a zone change (Exhibit D) , which opinion was 0 conveyed to Downeast and placed in the public hearing record by theco Director of Planning. 0N W 15. In reliance on the Elliot opinion as well as the prior zone change and the Zoning Map of the Town of South Windsor which shows the d 00 Project site in the Designed Commercial Zone, Downeast proceeded with 5~ J! its Application and did not request a zone change. N w O Z 0 16. Defendants are estopped from requiring Downeast to seek aU Yozone change and from denying the Application for that reason. g= 17. On February 14, 1989, Downeast, through its counsel, submitted to the Commission an Application for Approval of a General N X Plan of Development in connection with the proposed construction of 0m the Project (hereinafter "Application") . a 18. On June 6, 1989, the Commission held a public hearing on the ww N Application. w V) 19. After the public hearing was closed by Chairman Raymond F. wZ0 Hallowell, Jr. , additional materials and opinions were received by the I i I i I I I I i 5- Commission, including an opinion letter dated June 27, 1989 from Q Attorney Ralph J. Alexander to the Chairman of the Commission (Exhibit 0 E) . 0Z cr 20. Attorney Alexander's letter stated that Downeast must alsoD make an application for a new designed commercial zone designation 00 N with its Application even though the property already had a Designed00 Ln Commercial designation. 0N w 21. Downeast was given no opportunity to respond to Attorney Alexander's letter.C1 M G 0 G0 22. On the same day, June 27, 1989, the Commission denied 5 J' Downeast's Application. N w Z 0 23. On July 1, 1989, the Commission's decision was published. Yo24. Downeast is aggrieved by the decision of the Commission in g= that as a result of the decision, it will suffer a substantial depreciation in value of its property and property rights and will be N X foreclosed from constructing on the site the proposed Project. To 0m 0 date, Downeast has expended substantial funds for surveying, testinga and making all other necessary preparations for the development of the W N proposed Project. Downeast is further aggrieved because it is both WH N the Applicant and the owner of the land which is the subject of the Application.4 I I I I I i I i I 6- 25. In denying the Application, the Commission acted illegally, o arbitrarily, capriciously, in violation of its own Zoning Regulations, 0 0 in abuse of its discretion, and in violation of Downeast's federal and z j state constitutional rights of due process and equal protection in that, inter alia: 8 a. the Commission's stated reasons are mere vague recitals of generalities; N W b. the Commission's stated reasons are not supported by ther record; d o C. the Commission has given inconsistent reasons; d. the Commission failed to give fair and impartial M w o consideration to the Application; Yccg e. the Commission based its denial of the Application on Qcc information not in or on the record; f. the Commission failed properly to follow and apply its N X Zoning Regulations; 0m a g. the Commission failed properly to follow its bylaws and rules of procedure; N h. the Commission's decision does not comport with Chapters a I N 124 and 126 of the General Statutes; i i. the Commission failed properly to follow the Town of I South Windsor Plan of Development; I it f 7- j . the Commission failed properly to follow the Town Plan of Development Future Land Use Map for the Town of South 0 o Windsor; Z k. the Commission relied on one town attorney's opinion over another's, an opinion which was not part of the 00 N record of the public hearing, thus arbitrarily favoringco one outcome over another; N W 1. the Commission failed to comply with General Statutes 8-3h, 8-26f; d 00 M. the Commission prejudged the Application; and 5~ n. the Commission violated the Freedom of Information Act. Z Jo WHEREFORE, the plaintiff appeals from the decision of the Planning Yoand Zoning Commission of the Town of South Windsor denying plaintiff's g= Application for a General Plan of Development and prays the Court: 1) sustain this appeal; N X 2) reverse the Commission's decision; 0m 0 3) affirm that the subject property is presently zoneda W Designed Commercial and that no change of zone is w N i required in connection with Plaintiff's Application for N approval of a General Plan of Development; i 4) order that plaintiff's Application for approval of a General Plan of Development be and is approved; i i I I I 8- 5) award plaintiff costs and expenses; and 6) grant such other relief as is just and proper.0 In Dated this day of July, 1989. z S PLAINTIFF, DOWNEAST ASSOCIATES LIMITED PARTNERSHIP co fV 0 alfY 0 By; EN P. BLADO, ESQ. W Updike, Kelly & Spellacy, P.C. P.O. Box 31277 One State Street dW Hartford, CT 06103 Tel. (203) 548-2600 U wW CLERK: z 0 Please enter the appearance of Yo Karen P. Blado, and Updike, Kelly Wo Spellacy, P.C. for the plaintiffsSQinthismatter. KAREN P. BLADO, ESQ. 7 o Updike, Kelly & Spellacy, P.C. m Juris No. 65040 1 0 a ww w Q n ZO s I i I I wncA 110~N at4` C To 0P si a 79&U&Ot wC 1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06074 SOR•Cor AREA CODE 203/644-2511 W ,18, 1989 Ms . Barbara C. Wagner a Updike, Kelly & Spellacy, P.C. One State Street P.O. Box 31277 S crHartford, CT 06103-3176 PIannin8 & Zoning CommissionRE: PLAZA AT BUCKLArm HILLS T Dear Ms. Wagner: In reply to your letter of October 10, 1989, the following information is herein provided relative to the existing reservey - sewer capacity. This information is based upon an engineering 1 evaluation of the collection system prepared for the Town in 1985. According to the 1985 report, the reserve capacity of the Clark Street (not Clay) pump station was approximately .105 MGD (base flow) . Since that time, there have been additional connections made to the collection system served by the Clark Street Station, and the Town estimates that the reserve capacity of the station is a little less than .100 MGD (base flow) . The gravity sanitary sewer line on Smith Street, Clark Street and Chapel Road (south' of station) were not monitored for the purposes of the engineer's evaluation; and therefore, the Town has no reserve capacity figures for these segments of the collection system. The reserve capacities for Route 5 (south of Pleasant Valley Road) and Pleasant Valley Road (west of Route 5) are 4.13 MGD base flow) and 4 . 664 MGD (base flow) respectively. Please feel free to contact this office if you have any additional questions . ti Very truly yours, C. F. Shaw, Ass't. Director Public Works/Pollution Control cc: M. J. Gantick, Director of Public Works DOWNEAST ASSOCIATES LIMITED PARTNERSHIP November 12, 1990 Mrs. Louise Evans, Chairman Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Application for Approval of General Plan of Development by Downeast Associates Limited Partnership dated February 14, 1989 Dear Mrs. Evans: With reference to our meeting on November 13 , 1990 during which we plan to discuss changes in the above-referenced application with the Planning and Zoning Commission, we understand and agree as follows: 1. This is an informal meeting for discussion purposes only; 2 . Anything said at this meeting shall not be construed as a commitment or a binding representation by the Commission; and 3 . We will not rely upon any statements made or any part of the discussion relating to approval or disapproval of such application or amendments thereto. Very truly yours, DOWNEAST ASSOCIATES LIMITED PARTNERSHIP Thomas Maske bcw:tmd 12112%90 09:1S $317 685 7336 12 E RECEPT-31SA o2"002 SIMON SIMON DEVELOPMENT COMRkNY.INC. Via Telecopy December 12 , 1990 Ms. Marcia Banz ch Town of South G-indsor Town Hall. 1.540 Sullivan I venue South Windsor, CT 06074 Re: Traffic The plaza at Suckl,and Hills South Windsor, CT Dear Marcia: We appreciated the opportunity to discuss your town' s traffic and circulatior issues last week with the Honorable Mr . Stre, tor, Ms. Zurbrigen, Mr. Shemo, Mr . Gantick, and you. Our Traffic Consultant , Join Collins Engineers, has received the four sections of the CRCoG Aralysis, and I have asked them for their comments. I hope to be back in touch with you in the next week or so. Sincerely, SIMON DEVELOPMENT COMPANY, INC . X t Glenn M. Johnson Project Manager GMJf st CC : Tom Masked COMMUNITY CENTERS MERCHANTS PLAZA P U. BOX 7033 INDIANAPOLIS, INDIANA 46207 TEL: (317) 685-0100 FAX: (317) 685-7336 tO,0 0 a f,` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 e.co AREA CODE 203/644-2511'osOP January 3, 1991 Mr. Stuart B. Popper, Senior Planner Town of Manchester 41 Center Street Manchester, CT 06040 Dear Mr. Popper: Re: Downeast Associates Limited Partnership, Special Exception, Erosion Control Plan Enclosed please find review comments from Jerry Iazzetta, Town Engineer, and John McCahill, Zoning/Wetlands Enforcement Officer, regarding the above-referenced project. We request that these comments be forwarded to the Planning and Zoning Commission, and that appropriate measures/modifications be included on the plans to address our concerns . If you have any questions, please contact me, or Jerry Iazzetta or John McCahill as appropriate. Very truly yours, Marcia A. Banach Director of Planning MAB:gcm Enclosures cc: Jerry Iazzetta, Town Engineer John McCahill, Zoning/Wetlands Enforcement Officer December 17, 1990 M E M O R A N D U M TO: Marcia A. Banach, Director of Planning FROM: Jerry C. Iazzetta, Town Engineer RE: Plaza at Buckland Hills - Manchester We have reviewed the drawings dated September 4, 1990 for the proposed Plaza at Buckland Hills in Manchester, Connecticut, and have the following comments: 1 . Pre and post development storm water analysis for that portion of development discharging into South Windsor is required. Also map showing drainage areas utilized required. 2 . Has zero net increase in stormwater been analyzed. 3 . Direct storm water discharges planned are not acceptable. 4 . Stockpile on Town of South Windsor is unacceptable. 5 . Amount of disturbed area in South Windsor requires Conservation Commission approval. 6 . Drawings required showing proposed new sanitary main to connect with South Windsor system. Note on a plan is not sufficient. 7 . Sheet 4 - the town line disappears at the proposed driveway to Buckland Road. Please show it to at least Buckland Road. B . Detail of riprap for outlets is required. cc: Michael J. Gantick, Director of Public Works Marcia A. Banach, Town Planner Page Two January 2, 1991 Plaza at Buckland Hills 8 . A note should be included on the plans with regard to the 100 year base flood. Either that none exists or show the limits . cc: Jerry C. Iazzetta, Town Engineer r MEMORANDUM TO: Marcia A. Banach, Director of Planning FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer DATE: January 2, 1991 RE: Plaza at Buckland Hills - Manchester DOCUMENTS REVIEWED: Plans for Plaza at Buckland Hills, Manchester (dated September 4, 1990) and memorandum from Jerry C. Iazzetta, South Windsor Town Engineer (dated December 17, 1990) . COMMENTS: 1 . I concur with the comments made by Jerry C. Iazzetta, especially items #3, 4, 5, and 8 (see attached memorandum) . 2. A soil erosion and sediment control detail should be provided for all of the proposed outlets. The outlets should be stabilized before they are used for storm wat r discharge. 3 . The soils information provided is based on the Soil Survey for Hartford County, U.S.D.A. Much of the area to be disturbed includes enfield silt loam which is very prone to erosion and rapid runoff . 4. Erosion and sedimentation control note #4 (sheet #14 of 20) should include any additional control measures deemed necessary by Agents of the Town of South Windsor (in addition to Manchester) . 5 . The plans should clearly indicate the limits of tree clearing. These limits should be flagged in the field prior to clearing. " Adequate tree protection (i.e. , snow fence) should be included on the plans for trees which are to remain. 6 . Stump deposition should be addressed on the plans. Stumps should be chipped on site when possible and the larger stumps should be disposed of off site. 7 . Any fill that is placed on site should be in conformance with CT DOT Form 814 . AO'Mn af, tCe a y Q 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OSO1-co AREA CODE 203/644-2511 January 11, 1991 Mr. Richard J. Sartor General Manager Town of Manchester 41 Center Street Manchester, CT 06040 RE: SOUTH WINDSOR/MANCHESTER SANITARY SEWER AGREEMENT Dear Mr. Sartor: The South Windsor Water Pollution Control Authority, at their meeting of December 18, 1990, reviewed the Town of Manchester' s request to connect to the South Windsor sewerage system in accordance with the intertown sewer Agreement (dated 10/12/78 ) , amended June 11 , 1980) . As a result, the Authority has given conceptual approval to the Town of Manchester to make connection to the Town of South Windsor sanitary sewerage system subject to the following conditions : 1 . The gravity sanitary sewer shall be installed within the center of the roadway; the location of the sewers shall be within Pleasant Valley Road, proceeding north westerly I in Pleasant Valley Road to the intersection of Pleasant Valley and Wheeler Road, thence proceeding northerly from said intersection along and in Wheeler Road tot he I intersection of Wheeler Road and Smith Street, and from said intersection proceeding northwesterly along and in Smith Street to the existing Town of South Windsor sewerage system located within Smith Street. 2 . Extended sewerage system shall be of sufficient capacity to handle present and future flows in South Windsor and Manchester based upon current zoning. 3 . Manchester flows through said gravity sewer shall be limited to the existing reserve capacity of the Clark Street Pump Station; the present reserve capacity is 100,000 gpd (base flow) . The flow limitation may be changed pending the preliminary and final reports as to system capacity as determined by the South Windsor engineering consultant. 4 . Plans and specifications must be submitted to the South Windsor WPCA for final review and approval . Mr. Richard J. Sartor Town Manager January 11, 1991 Page 2 Please feel free to contact Mr. Fred Shaw of the Public Works Department if you have any questions . Very truly yours, Jo e h Carino, Ch rman T of South Wi sor Wa r Pollution Control Authority cc: Jean E. Zurbrigen, Town Manager Michael J. Gantick, Director of Public Works Jerry Iazzetta, Town Engineer Marcia Banach, Director of Planning ROBINSON & COLE Law Offices One Commercial Plaza Hartford, CT 06103-3597 203-275-8200 Dwight H. Merriam RICE IV [D Fax 203-275-8299 Financial CentreHartford 695 East Main Street203-275-8228 15 1991 P.O. Box 10305 Stamford, CT 06904-2305 March 14 , 1991 203-964-1200 0. WINDSOR PLANNING DEPL Fax 203-359-8576 Jean E. Zurbrigen, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Legal Services Dear Ms. Zurbrigen: It was a pleasure discussing The Plaza at Buckland Hills Downeast Associates) appeal with members of the Planning & Zoning Commission and the Town Planner and identifying the basic services which Robinson & Cole looks forward to providing. This correspondence is for the limited purpose of confirming our conversations and providing a summary of the initial services we intend to provide, as well as our billing arrangement. Services The services identified below are those which we were able to highlight during my meeting on March 12th with the Commission. Clearly, these services may be altered in the course of this matter to reflect your needs and subsequent communications. We will respond to your legal needs related to this matter and any further matters without revising this communication. 1 . Represent the South Windsor Planning & Zoning Commission in negotiating a possible settlement of the appeal. 2 . If the appeal is not settled, represent the South Windsor Planning and Zoning Commission in the trial of the case, if the Commission desires our assistance at that stage of the proceedings. Fees and Billing Legal fees for our services are determined by the amount of time - spent by members of our staff multiplied by an hourly rate which is based upon the experience of the lawyer or staff member. We are fortunate to have people with expertise and experience at various levels (from partners to associates, legal assistants, ROBINSON & COLE Jean E. Zurbrigen, Town Manager March 14 , 1991 Page 2 land use and environmental analysts , and law clerks ) . Where possible, we will endeavor to have the most appropriate individual with the lowest hourly rate do the work. My time in this matter will be billed at an hourly rate of 250. 00 per hour. Brian Smith will be working with me on this file and his time will be billed at $160 . 00 per hour. When appropriate, we will assign certain tasks to a land use analyst, at an hourly rate of between $70. 00 and $90. 00 per hour. These rates are our regular hourly rates and are subject to increase without prior notice to you. Time is recorded to the tenth of an hour and billing will generally occur monthly. The bill will also include the expenses paid or incurred by us on your behalf. The firm requests the prompt payment of all bills and reserves the right to cease to provide service and/or withdraw from further representation should bills become delinquent. We will charge you for the following expenses and disbursements: telephone charges, facsimile charges, special mailing costs, word processing charges, document binding, messengers, postage, desktop publishing, copying, printing, support staff overtime, travel/meals/lodging, expert witness ' s and consultant ' s fees, sheriff ' s fees, court reporter ' s fees, investigator' s fees, and other charges we may incur in connection with the work. It is our usual policy to send vendors ' bills of 200. 00 or more to you for direct payment. To our fee, we will add interest at one percent per month compounded annually ) on any bills not paid within thirty days, plus costs of collection and attorneys fees if collection becomes necessary. Your return of this signed letter constitutes your acceptance of our offer. We will not perform any of the services we have discussed until the signed letter is in hand. If we do not receive the signed letter, we will assume you do not wish to retain us as attorneys, and we will do nothing further to protect your legal interests. Therefore, if you decide not to accept our offer, you should promptly seek other counsel. You agree that our representation of the Commission in this matter will not preclude our representation of others in the future in matters adverse to the Commission of the Town of South Windsor and not directly or indirectly related to the Downeast Associates appeal. If this proposal accurately describes a satisfactory arrangement, sign and date on the line below and return the original to me. A copy is enclosed for your file. ROBINSON & COLE Jean E. Zurbrigen, Town Manager March 14 , 1991 Page 3 If you have any questions , feel free to call me at 275-8228 . We look forward to working with you. Sincerely, Dwight H. Merriam DHM/j t Enclosure Copy to: Louise Evans , Chair, Planning & Zoning Commission Marcia Banach, Town Planner I agree to the above described arrangement. Jean E. Zurbrigen, Town Manager Town of South Windsor Date• 4rl M 8Fca C To Cp S-C VGU 1540 SULLIVAN AVENUE • SOUTH WIN C ' OZ4 V%nds SOR coN AREA CODE 203/644-2511 O IIQg or oft March 18, 1991 Town Manager Jean E. Zurbrigen South Windsor Town Hall 1540 Sullivan Avenue South Windsor, Connecticut 06074 Dear Ms. Zurbrigen, At the Special Meeting of South Windsor Town Council held on March 11, 1991, the following Resolution was approved: I move that the South Windsor Town Council hereby appoints Dwight Merriam as special Town Attorney to represent the South Windsor Planning and Zoning Commission concerning the matter of Downeast Associates v. South Windsor Planning and Zoning Commission as negotiated by the Town Manager. Respectfully, V r Denise E. Sabotka Secretary to the Clerk of the Council des cc: Planning and Zoning Chairman Town Planner March 19, 1991 M E M O R A N D U M TO: Marcia A. Banach, Director of P1 n .ng FROM:Jerry C. Iazzetta, Town Enginee RE: Plaza at Buckland Hills We have reviewed the revised drawings dated 2-25-91 for the proposed Plaza at Buckland Hills and have the following comments. 1 . The proposed stormwater discharges onto property in South Windsor ARE NOT ACCEPTABLE. 2 . Details of riprap required - only some dimensions are shown on plan without detail information. 3 . The stormwater analysis provided is not complete. The pre development and post development flows need to address how the final figures were arrived at. 4 . The proposal diverts water from one watershed to another watershed. This is unacceptable. 5 . The proposed drainage area map does not reflect the regrading of the land opposite "Anchor No. 8" . 6 . Grading of area opposite "Anchor No. 8" needs to be shown in more detail - a note "grade to drain" is not sufficient. 7 . The location of the topsoil stockpile is not consistent with good construction practices - 200+ feet away from the building site and 500+ feet away from major grading work. 8 . Rights to drain are needed from abutters before discharging stormwater across their land. JCl/jsv 10 C awn 0-le s-o- ?dbl 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 oSOR,0 AREA CODE 203/644-2511 March 21, 1991 Mr. Stuart Popper, Senior Planner Town of Manchester 41 Center Street Manchester, CT 06040 Dear Stuart: Re: Sidewalks on Pleasant Valley Road/Downeast Associates As we discussed in our phone conversation today, South Windsor's Sidewalk Plan (adopted as part of the Town Plan of Development and endorsed by the Town Council) indicates that we would like to see sidewalks on Pleasant Valley Road. We have existing sidewalks on Smith Street, Wheeler Road, and along a small section of Pleasant Valley Road at the Town boundary. A copy of our Sidewalk Plan is enclosed. When the previous Downeast Associates application was pending with the Town of South Windsor, the Planning Department recommended to our Planning & Zoning Commission that sidewalks be constructed along the applicants' South Windsor frontage. If I can be of further assistance, please contact me. Very truly yours, Marcia A. Banach Director of Planning MAB/pmm Enclosure RICHARD,M. RITTENBAND ATT012NEY AT LAW kCEIVED17s0ELLINGTONROAD SOUTH W IN'+iiOR.CONNEUI'ICUT 06074 M 203)944-2468 PWONG OEM April 5 , 1991 Dwight Merriam, Esquire Robinson and Cole Ont, Commerr.ial Plaza Hartford , CT 06103 Re : Downeast Associates v . South Windsor PZC Dear Dwight : It is my understanding that you have taken over the defense of the above matter representing the South Windsor Planning and Zoning Commission in place of me . Since your appearance has either not been filed or has not reached the computer , the Administrative Appeals calendar for April 18th has been sent to me , and I enc.-lose it herewith . It is item #19 on column 2 . If you have any questions on this , please- do not hesi- tate to call me . Thank you . s Very truly you ; ichard M. Rittenband RMR: ds Enc . cc : Marcia Banach 4QMN p`p t l j,of 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR•c0 AREA CODE 203/644-2511 r April 25, 1991 Mr. Richard J. Sartor General Manager L,u'. vlimdsor Town of Manchester Znfjng Commission 41 Center Street Manchester, CT 06040 RE: APPLICATION - SANITARY SEWER SERVICE CONNECTION IMPLEMENTATION OF INTER-TOWN AGREEMENT Dear Mr. Sartor: The South Windsor Water Pollution Control Authority, at their regular meeting of April 16 , 1991, approved the Town of Manchester' s application to connect the Manchester sewerage system to the South Windsor system in accordance with the provisions of the Sewer Agreement (dated October 12, 1978, amended June 11, 1980) . The proposed route for the sewer connection involves a westward extension of the Manchester sewer along Pleasant Valley Road, to the intersection of Pleasant Valley Road and Wheeler Road; proceeding north on Wheeler Road to the intersection of Wheeler Road and Smith Street; proceeding west on Smith Street to connect to existing South Windsor sewer. The approval is based on the plans prepared by the Town of Manchester, Connecticut Department of Public Works, Sewer Division, dated January 1991 , sheets 2 through 10 , and Contract Documents for "Sanitary Sewer System Improvements--Technical Specifications for the Town of Manchester, " and contingent upon satisfaction of the following conditions : 1 . Town of South Windsor, Engineering Department approval; 2 . Town roads shall be repaved; and 3 . This approval letter appear on front page of final copy of engineering plans . I I I I Mr. Richard J. Sartor General Manager Town of Manchester April 25, 1991 Page 2 If you have any questions, please contact Mr. Fred Shaw of the Public Works Department . Very truly yours, i J ep Carino, Chairman Wa er Pollution Control Authority Town of South Windsor JC:bmr cc: Jean E. Zurbrigen, Town Manager Michael J. Gantick, Director of Public Works Louise Evans, Chairman, Planning & Zoning Commission Marcia Banach, Director of Planning Jerry Iazzetta, Town Engineer John McCahill, Zoning Enforcement Officer i i i a tOWN Sf,C Touqs oP S-oa& ` o m 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 SOR-CO AREA CODE 203/644-2511 M E M O R A N D U M TO: Dwight Merriam FROM: Marcia Banach DATE: May 8, 1991 RE: Downeast Associates - Planning & Zoning Commission Criteria for Site Following is a list of criteria that the South Windsor Planning and Zoning Commission requires/prefers on the Downeast Associates site. 1 . If a building supply store is proposed, it must be: a. off to one side or in some way obscured; b. away from any apartments on site; and C . not next to South Windsor open land so that it sets the tone for future development. 2 . The focal point of the site needs to have aesthetic appeal . 3 . Parking needs to be broken up with large areas of landscaping. Some or all of the parking might be multi- level . 4 . The open space on the site is critical . It needs to be in large areas . In exchange we would entertain vertical development rather than horizontal development. 5 . There is no objection to upstairs apartments . 6 . No readily apparent backs of buildings should face major roads . 7 . If absolutely necessary, office uses may be exchanged for better commercial development. B . A movie theater might be acceptable only if small, or if large unrelieved expanses of parking were not necessitated. Johnson and Richter, Inc. Landscape Architects and Urban Designers Avon Park North Box 567 Avon, Connecticut 06001 tel 203/678-0669 fax 203/678-8934 I 7 SLR-- .I_1. 1 Transmittal To: P c h ,„c-1 Mailed F D z>VV Messenger 50}-1 1n t --roc li^LA— As Requested I F-TI'O UL1 1 vh P W ti'J=x -U"j.dCO iew and File Project: T t-1 ff- _P--P—A ^-T Fk l wS Enclosed:Copies Date L,o^'c--P- IPr w Remarks: Copies By: K-1 U f- ELD 1 -A U - SIMOXETI'ER OF TRANSMITTAL SIMON DEVELOPMENT COMPANY,INC. TO Town of South Windsor DATE: June 17, 1991 Town Hall ATTENTION: Ms. Marcia Banach 1540 Sullivan Ave. RE: The Plaza at Buckland Hills South Windsor, CT 06074 Manchester, CT WE ARE SENDING YOU x Attached Under separate cover via DHL EXPRESS the following items: F1 Shop drawings Prints Plans Samples El Specifications Copy of letter n Change order copies date no. description 3 sets 3 each Concept Renderings for Retail Development THESE ARE TRANSMITTED as checked below: a For approval E]Approved as submitted 0 Resubmit _ copies for approval g For your use E]Approved as noted Ei Submit _ copies for distribution 0 As requested []Returned for corrections []Return _ corrected prints For review and comment 11 o FOR BIDS DUE 19_ o PRINTS RETURNED AFTER LOAN TO US REMARKS Please send one set of these renderings to Dwight Miriam. Call me upon your review to discuss. COPY TO Glenn JohnsonSIGNED: COMMUNITY CENTERS MERCHANTS PLAZA P.O. BOX 703:3 INDIANAPOLIS, INDIANA 46207 TEL: (317) 685-0100 FAX: (317) 685-7336 FACSIMILE MESSAGE TRANSMITTAL FORK Date: 9-4-91 PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: Dwight Merriam ADDRESS:Robinson & Col FAX:275-8299 MESSAGE FROM: NAME Marcia Bana h ADDRESS: South Windsor Town Hall MESSAGE Two comments on letter to Tom DeMille: (1) If the theatre is kept to the north, there is now a "break" in the landscaped buffer which is significantly more exposed than the previous plan and which is close to the residences on Smith Street. This should be addressed; (2) the Commission is also concerned about and wants more information on the types of businesses which would occupy the flextech buildings. NUMBER OF PAGES TO FOLLOW: 0 ROBINSON & COLE au "ft"r, One Conmierr wl Pla.-a Hartford. CT 06103-3597 203-275-8200 Fax 203-275-8299 Dwight H. Merriam Financial CentreHartford 695 East !Plain Street203-275-8228 P.O. Box 10305 Stamford, CT 06904-2305 VIA FAX 203-964-1200 Fax 203-359-8576 September 4 , 1991 Thomas W. DeMille, Esq. Updike, Kelly & Spellacy One State Street P.O. Box 31277 Hartford, CT 06103-3176 RE: The Plaza at Buckland Hills Dear Tom: Marcia Banach and I met in executive session with the Planning and Zoning Commission last night. In preparation for our meeting at 9:00 a.m. on Friday of this week in my office, I thought I ought to write you to tell you the Commission' s reaction to the present proposal so you can talk to Glenn about possible further revisions to the plan. I would characterize the Commission' s general reaction to the plan as one of disappointment. They felt real progress was being made, but they are not pleased with some of the recent changes in the plan. Fortunately, there does seem to be a strengthening consensus that conceptually the plan will be acceptable if certain refinements are made. Specifically, the Commission remains concerned about the Wheeler Road and Pleasant Valley Road intersection. They do not believe any portion of anchor 7 or its outside garden center should be visible from Wheeler Road or Pleasant Valley Road until a vehicle passes the extension of the front face of the building on Pleasant Valley Road. The most recent plan with a revision date of 3 September 1991 shows an architectural screen wall on the southwestern corner. The Commission assumes that architectural screen wall is there because that will be visible from Pleasant Valley Road. That is not acceptable to the Commission. They want the landscaped buffer down Wheeler Road from the southern end of the Village Shop area around the corner onto Pleasant Valley Road, all the way to the face of the building. As Marcia and I suggested during our last meeting with ROBINSON & COLE Thomas W. DeMille, Esq. September 4, 1991 Page 2 you, a high earthen berm with heavy landscaping would be best on that corner with a substantial sign, including one made of landscaping materials. Some of the Commissioners spoke with favor about the Hubbell sign on the Wilbur Cross Parkway as an illustration of what would be acceptable. It seems to Marcia and me that you have a great opportunity to do something special in this corner. The Commission is also concerned about the use of the term pylon sign" at the entrance opposite Kroft Drive and at the intersection of Pleasant Valley Road and Buckland Street ( though they know they have no jurisdiction over the sign at that latter intersection) . The Commission would like more details on what a pylon sign is and how it will appear. The Commission is generally concerned that there isn' t more information on the landscaped buffer cross-sections . The cross- sections shown on the concept buffer sheet do not answer the question of whether anchor 7 and 8 will be visible from the street and whether the existing residential properties on Smith Street will be able to see the flextech building or the backs of buildings in Manchester. The same goes for the landscaped buffer between the Village Shops area and the buildings in the South Windsor strip. In short, as Marcia and I said at the last meeting, we need to be able to guaranty to the Commission that the backs of these buildings will not be visible from certain locations in and around the site. I assume Johnson & Richter can and will be providing this assurance through cross-sections at a later date, once we have reached an agreement in principal. All of the members of the Commission were quite concerned about the lack of plantings on-site and much preferred required" might be a better way to describe it ) the plantings to be similar to those in the 23 August plan without the revisions. The substantial reduction in plantings between the two plans was seen by members of the Commission as "going backwards". The Commission couldn' t understand (and neither can Marcia nor I ) why the theater has been moved to the north. We felt the 23 August plan was better in enclosing the area around the South Windsor stores and in providing an opportunity for a substantial buffer along the back of anchor 6 . Moving the theater to the north eliminated the buffer behind anchor 6 and pushes the theater closer to the Smith Street residences. The revision of 3 September provides virtually no buffer for the back of anchor 6 ROBINSON & COLE Thomas W. DeMille, Esq. September 4, 1991 Page 3 and the side of anchor 5 , so that all of that activity, including the truck docks and outside storage, such as used pallets, will be entirely visible. It was also felt that if the theater were not moved to the south, the west end of the flextech space should be constructed at the same time the retail shops were built to close that space. It appears the southern end of the flextech building is designed for a special entrance, and the Commission speculates it is for that reason you moved the theater to the north. Regardless, the flextech building area needs to be visually completed along the western face if the theater is moved to the north. Also, the Commission wants more information on potential uses of the flextech space. They don' t want jobbers, like electricians, in the space. At the very least, a substantial earthen berm and vegetated buffer should be created just north of anchor 6 and anchor 5 , perhaps closing the lanes that run north and south in the area south of the theater and putting a 50 foot or wider strip in that location. I am absolutely certain the Commission is not going to ever approve a plan that has any of the backs of buildings visible from off-site or on-site. The Commissioners were concerned about the deletion of the details of the intersection of the main access road running south to north at the east-west access road at the South Windsor/Manchester town line. The Commission feels, as do Marcia and I, that the corner should have a substantial landscape element. The Commission especially appreciated the alternative plans for the Village Shops. There was consensus that Alternate Plan 2 probably best represented what the Commission was looking for in terms of clustering buildings and having these focus on a village green. Marcia and I explained to the Commission that you wanted to have the right to apply for modifications to the concept at a later date through the normal site plan approval process, and the Commission expressly recognized that it would be desirable for both you and the town. Consequently, the Commission wanted to express its general view that Alternate Plan 2 was closest to what they wanted, that five to seven buildings would be allowed in that area, and that we would provide you with certain standards for maximum footprint area, building height and number of floors . One of the Commissioners said it might be more ROBINSON & COLE Thomas W. DeMille, Esq. September 4, 1991 Page 4 desirable for shoppers to have parking up against the face of the building rather than displaced 40 or 50 feet by a landscaped area. Some other members of the Commission accepted that notion. Those are substantially all of our comments at this point. We' re hopeful to have a substantive discussion with you on Friday to make these additional revisions. The Commission is not particularly interested in meeting with you in executive session on Tuesday, September 24th, if the concerns set forth in this letter aren' t met before then. Marcia and I look forward to meeting with you and Glenn on Friday. Sincerely, Dwight H: erriam DHM/jt Copy to: Marcia Banach 10. 22. 1991 9*0 7 F. FROM 1 JOHN COLLINS ENGINEERS, P.C. TRAFFIC-TRANSPORTATIONENOINEEH$ 11 BRAOHURST AVENUE • HAWTHORNE, N.Y. • 10532 • (04) 347.7500 • FAX(914)347.7266 October 22 , 1991 Mr. Thomas DeMille Updike, Kelly and Spellacy, P.E. One State Street P.O. Box 31277 Hartford, CT 06103-3176 Re: The Plaza at Buckland Hills Dear Mr. DeMille: The above project has been approved by the Town of Manchester and the State Traffic Commission for a square footage in excess of 400,000 s. f. Subsequent to that approval additional traffic imformation has been collected as part of the evaluation to increase the size of the development. Recent counts indicate that the traffic volumes in the vicinity of the project are significantly lower than those that were predicted from the previous studies. It should be noted that a number of these studies date back four to five years and when prepared were extremely conservative with respect to growth rate, trip generation rate and potential for "multi-purpose" trips. While the Traffic Impact Study as it relates to the additional square footage has not been completed, it is our initial opinion that the additional traffic can be handled with other improvements to the area roadways. These improvements would occur within the right-of--way available or with the dedication of right-of-wax by the developer. When the study is completed it will be submitted to the STC and the Towns. We will keep you apprised of the outcome of the various portions of the study as they are finished. In the meantine, if you have any questions or require additional information please do not hesitate to contact me. Sincerely, JOHAT, CO LINS NGI -EERS, P. C. Joh T. Collins, . D. , P.E.pd. jto#4 .demille PHAY Otif ti(,ulh 1\imkoi d Ilk1 Am Nmw., ,"d Ram Hint" K111, I4L Flex Co ea ' filf!+fiffif!'!{'!fr:{ j I n"„ -i -j j'` i 2 n, 5_1 BRONSON a HUTEHSRr rNhurn•rNr1 'if1; y Yi r' cs tom r 1 , L Gr 0. J r Mint C1 ,p REtai CCn6ig 1 4 ac,, l.j• y r'k ' s. to 7 ySS f SIMON J ,Dievelopment Plan nE PLAZA AT L AND HILL MANJHF T{P1501ITH VI ,)NNFL'71r-LIT uI IHuINCSCk SPI CIAL Johnson . Richter r t,,Vmwy Nam kmwro— vww a w-semD.r*-+ IKn Hullo r.o a E-- 7 pROH50N B HUTENSKY 46 A.... ...., 04 Ek, Rclail C olcr SIMON RWE Plan L,_ILhL ANL) NILlS NAIJGHC;,TCR'SDuTHW'NDSON .'n NNF CTi"'T U i„ J.'iNL1SDR PE ,'AL Johnson-Richter 7 I I F_I F, ' J,. e r AT 1 HILLS y SOUTH ..WINDSOR i Phase One: Future -Phases: Anchor 7 88,050 S.F. flex-Tech Max. 135,000-S.F. Anchor 8 30,000 S.F. Anchor 9 152000 S.F. Total Parking Required 135 Cars Anchor 10 30,000 S.F. at 1/1000 Ratio Anchor 11 50,000 S.F. Anchor 12 24,900 S.F. Theatre 203700 S.F. Village Green Max. 160,000 S.F. Si hall Shops 22,776 S.F.. LL/11 61400 S.F. Total Parking Required 400 Cars LL/12 52609-.S.F. at 2.511000 Ratio Total G.L.A. 315,000 S.F. Total Parking Required 1,260. Cars. at 4/1000 Ratio. I nll- Urivc kindticahc 1-dand 4 Mil r;• wl w y..J n...r fir• i; Y p,, s-._.--•f.. 4 4' n_ I iii lire.. I ki.iii,.i F,• FF i 6 t A I'I.In BRONSON B HUTENSNY 1 K Lnlr4 Drivc i rA A SIMON•fJcl.d4i 1 1 Planting and Berm Details THE PLAZA AT BUCKLAND HILLS kvluni I Icvaurni MANCHESTE R/SOUTH WINDSOR CONNECTICUT Y 10ical Berm SOUTH WINDSOR SPEC AL Vim, Johnson—Richter 7 Icniporan Shadowhov I cncc Scrccn r 46 Q a Section 2b e V 1Section..... BRONSON 9 HUTENSKY O e,,,,e-— - I - --- --- 1_ ..bc.------- -- T 22 October 1991 SIMONSection4b . . Development Plan tELVIN SINOM a AS40CI,iFS,MC. mrowSiteSectionStudies '"ne rr-ue THE PLAZA AT BUCKLAND HILLS ANCHESTER/SOUTH WINDSOR CONNECTICUT SOUTH WINDSOR SPECIAL Section 5b,,. Johnson Richter PC 46 1 Q Section la V.. Section2a a Whom J---------- --- Section 3a BRONSON 6 NUTENSKY 22 Ociobff 1991 SIMON Section 4a Phase One IELVIV SUN a A,.-.-C. N. Site Section Studies t THE PLAZA AT BLICKLAND HILLS L..". OUTHVANOSORMANCHESTER/S CONNECTICUT SOUTH WINDSOR SPECIAL Section 5a Johnson.Richter rc I Z mow,+i J ,. m _. I ,T . -_..i.n if'i1 i f '• ya 's, . - f'I, I .. a""1• 'i-[ ti l J J r x i r PERSPECTIVE VIEW y i a. .cfl' a• fR.. - .elf ate:- 1 w - i t 4• t 'ice.+_wa s?.. n-=— mow s r e Developer: LawROBINSON & COLE One Offices Plaza R E Hartford, CT 06103-3597 8200 Fax 20 -275-1` J ED Fax 203-275-8299 Dwight H. Merriam Financial Centre Hartford OCI 2 695 East Main Street 203-275-8228 9 1991 P.O. Box 10305 SO- WINDSOR Stamford, CT 06904-2305 PLANNING 203-964-1200DEPT. Fax 203-359-8576 October 23 , 1991 Richard M. Rittenband, Esq. 1750 Ellington Road South Windsor, CT 06074 RE: Downeast Associates vs. South Windsor PZC Dear Dick: I am writing to inform you so that you may, in turn, inform the court that the South Windsor Planning & Zoning Commission last night voted to refer the proposed settlement plan in this case to a public hearing on November 12th. We will publish two public notices in the newspaper, just as if this were a regular application, and we will hold a regular public hearing on November 12th. Following that hearing, and I am not sure whether it will be the same night or later, the Commission will vote to approve or deny the settlement plan. We are in the process of negotiating the written settlement agreement that will go along with the plan, but I am not sure and in fact, I doubt) that the written agreement will be done by November 12th. Following the hearing on November 12th, I will write you again to update you on the status. Sincerely, G.. Dwight H. erriam DHM/mag Copy to: Marcia Banach Thomas DeMille, Esq. Brian R. Smith, Esq. Lowell L. Peterson, Esq. UPD! cE , KELLY & SPELLACY P F IS HARD Cta ei 399t a fiat Ff. Me;-Y ian valeOnecommercialplazalacrLsOrd RE: gl a at BuoXland if; lls lliYtat CIiC i05 ?lX Pief-dye tin,d PX Fc-used anhavenotet as we discussej .approved , Y been able to have *-henaiveCIca; Ysm client . 'Pherefore; ! neew ' Pula-10n revre ed ar ;!after I receive Cor'- *' cr in;ner:*s.tnei r comn nts. ? eser. ve `nC! fight. me '1. t d Fn:•,7r ur cc:: Mr. Thomas MaserMr. Glenn James rMr , witi ., ,, Mr. C'O. htt. Y Garry 1O'O N SC,( co 01P s-ate ?&U&O't C, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 1oSOR,co AREA CODE 203/644-2511 October 25, 1991 Thomas DeMille, Esq. Updike, Kelly & Spellacy, P.C. P .O. Box 31277 Hartford, CT 06103-3176 Dear Attorney DeMille: Re: Application #89-17P - Plaza at Bitckland Hills Please be advised that the public hearing in the above matter has been scheduled for Tuesday, November 12, 1991, at 8 : 00 P.M. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue. Signs advertising the hearing must be posted for 10 consecutive days prior to the hearing, and must be clearly visible from the road. Please have them posted by Friday, November 1 , 1991 . Four signs should be placed so that they are visible from Buckland Road, Smith Street, Wheeler Road, and Pleasant Valley Road. Signs can be purchased in the Town Hall for $5 . 00 each. Very truly yours, PLANNING AND ZONING COMMISSION L Louise C . Evans Chairman LCE/pmm October 28, 1991 M E M O R A N D U M TO: Marcia A. Banach, Director of Public Works FROM: Jerry C. Iazzetta, Town Engineer RE: Plaza at Buckland Hills - #89-17 General Plan of Development We have reviewed the General Plan of Development drawings dated 10-1- 91 for the proposed Plaza at Buckland Hills and have the following comments : 1 . Drawings do not show: a. Existing topography at 2 foot contours, existing paths, etc . as per Section 5 . 4 . 5a of Zoning Regulations . b. Properties within 500' are not defined as per 5 .4 . 5b. C. The proposed general system of utilities, drainage, etc. as per 5 .4 . 5f . d. Soil information as per 5 . 4 .5g. Drawings are not on standard size sheets . We cannot evaluate this plan from an engineering standpoint due to the missing information identified above. Very truly yours , er C.. zzet a P .E. To En in er JCl/jsv cc: Michael J. Gantick, Director of Public Works UPOIKE, KELLY & SPELLACY, P. C. COUNSELORS AT LAW THOMAS W. DEMILLE ONE STATE STREET 2031 548-2604 POST OFFICE BOX 231277 HARTFORD, CT 061 2 3-1 2 7 7 Zg O 4203) 548-2000 TELECOPIER(203) E48-2600 n ONE CENTURY TOWER Vl, Alt 265 CHURCH STREET NEW HAVEN.CT 06510-7002 203) 767-9007 J • TELECOPIER(203) 772-2037 October 28, 1991 VIA TELECOPIER Dwight H. Merriam Robinson & Cole One Commercial Plaza Hartford, CT 06103 RE: Plaza at Buckland Hills Dear Dwight: Enclosed please find the revised Site Standards. A number of people at Melvin Simon have not yet signed off on these, so I need to reserve the right to continue to make changes. Please call me with your comments. Very truly yours, THOMAS W. DeMILLE TWD/kpd Enclosure cc: Mr. Thomas Maskey Mr. Glenn Johnson James Barkley, Esq. Mr. William Richter Mr. Cory Garro SIHIBIT F SIT$ STANDARDS DRAFT A. Permitted Uses 1. Commercial, Professional or Financial Offices V 2. Retail Sales 3. Business/Personal Services 4. Parking and Accessory Uses 5. Day Care Center 6. Restaurant 7. Theater Laundry,, cleaningand .lei^*: establish Printing, publishing and graphic arts processes, sign shop painting Manufacture, processing, packaging, assembly or storage of components or goods 1 Plumbing, heating, electrical, mechanical, industrial and general contracting establishments which may include howrooms t2. t r inary hoopi fI ` 13. Research laboratQ N. ` utowobile !!!' Aprw-lwp-`' 15. Health club 16 Residential B. General Requirements 1. Landscaping and Parking Lot Requirements a. Retail Parking Lot Landscaping Landscaping will be provided in parking lot areas containing more than 50 parking spaces. Ten percent 10%) of such parking lot areas will be landscaped. In calculating the area of any such parking lot area, the service/loading areas and related parking, and the main circulation roadways through the site will be excluded. In calculating the 10% requirement, landscaped areas in parking lot islands and on parking lot peripheral areas will be included. Landscaped areas located (i) in required site perimeter buffer/berm areas, (ii) in setback areas, and (iii) within five (5) feet of any building foundation will be excluded. Landscaped islands will be evenly distributed throughout the parking lot. Trees and shrubs will be evenly distributed within these islands. Trees will be located to maintain views to tenant identification/signage. 1- b. Planting Beds Planting beds will be at least 25 square feet, excluding curbing, distributed as evenly as possible and protected by curbing. C. Drainage On-site detention of storm drainage will be provided. d. Landscape Plan Landscaping will be provided in the areas as identified and as described in the "Development Plan 22 October 1991, Melvin Simon & Associates, Inc. , Indianapolis, Indiana, The Plaza at Buckland Hills, Manchester/South Windsor Connecticut, South Windsor Special, Landscape Architecture by Johnson and Richter, Avon, Connecticut" (the "Development Plan") . The Landscape Plan to be submitted with the application for site development plan will be drawn to scale and will include a more precise description of the plantings intended for the areas identified on the Development Plan: 1. Common name of Plant 2. Height of Plant 3. Caliper 4. Eventual Spread 5. Spacing (when appropriate) e. Trees and Shrubs Trees and shrubs will be provided in the areas as identified on the Development Plan. Mulched planting beds will be provided. Existing trees will be preserved when possible and in conformance with the Development Plan. 2 . Open Space Land, Developed Not less than 10% of gross site area as shown on the Development Plan will be devoted to open space uses, suitably landscaped and maintained. This requirement is in addition to the parking area landscaping. All open space in setback areas, buffer/berm areas, detention pond areas, etc. will be included in the 10% calculation. 3 . Setback There will be a minimum average 50 foot setback with a minimum setback of 30 feet for all buildings and parking areas from the perimeter property line. 4 . Buildinq Height 40 feet is the maximum allowed height. 2- Ir1 r% w ff-gr 5. Roadways All work in the Town's right-of-way will be constructed in accordance with the applicable Town regulations. 6. Off-Street Parking Parking spaces will be 9 feet by 18 feet (unless located along an island or similar landscaped area permitting an overhang, in which case the length of the space may be reduced to 16 feet) . Parking spaces will be provided in accordance with the following minimum schedule: Village Green Area: 2 per 1000 sq. ft. of leaseable floor area Retail Area: 4 per 1000 sq. ft. of leaseable floor area Flex-Tech Area: 1 per 1000 sq. ft. of leaseable floor area Shared parking may be employed to augment parking needs between adjacent uses with differing peak hours of operation. 7. Loading Docks Loading docks will be screened from the adjacent off-site uses. 8. utilities Electric, telephone, gas, and water lines will be placed underground. 9. Sewers; Water Supply; Fire Protection Detailed engineering information for sewers, water supply and fire protection at the site will be provided in connection with the application for site plan approval. 10. Buffer Areas Buffer areas will be developed along the perimeter property line where it is necessary to screen the on-site use from the adjacent off-site views. Said buffer areas will be an average of 50 feet in width. Where applicable, berms with appropriate side slopes may be used. Screening will be accomplished through the use of landscaping and architectural elements. Landscaping will be suitable evergreen and deciduous plant materials, located in a random, natural pattern. The full buffer width will be planted with seed mixes of wildflowers, woody plants, and naturalizing grasses and allowed to grow freely to achieve an undisturbed, natural appearance. Architectural elements may include walls, fences, etc. 3- 11. 8igns Three pylon signs, not to exceed 40 feet in height, will be located on the site. One pylon will be located on the corner of Wheeler Road and Pleasant Valley Road, and one pylon will be located at each entrance to the retail area. Three monument-sized signs, not to exceed 15 feet in height, will be located on the site. One sign will be located on Smith Street and one each at the entrances to the Village Green Area and the Flex-Tech Area. Interior informational signs will be located at the discretion of the property owner. Building Signs] 12 . Phase I (Retail) : Specific Site Standards a. Up to 315, 000 square feet leaseable floor area permitted. b. Curbing: 6" in height, concrete and extruded asphalt. C. Lighting: Poles no greater in height than 50 feet, no off-site glare. d. Roadway Widths: not less than 30 feet for interior roads, 27 feet for main parking lot drives, and 24 feet for parking lot aisles. e. Pedestrian Ways: Walks adjacent to buildings will be concrete. Walks internal to the parking areas will be constructed with suitable hard paving materials. f. Temporary Fence: Located as shown on the Development Plan. Design as shown on accompanying elevations. 13 . Phase II (village Green) and Phase III (Flex-Tech) : Specific Site Standards a. Up to 160, 000 square feet of leaseable floor area permitted in the Village Green Area. b. Up to 135, 000 square feet of leaseable floor area permitted in Flex-Tech Area. 4- c CER©bco THEUNIS WERKHOVEN,MAYOR n of Mancliester KALLACEJ IRISH.JR.ECRETAARYLVL(/ Z p® -1 DIRECTORS iv;l 41 Center Street ASSANO O ©1 © 'i°a ST JOYCE GCEPSTEINQ© © Manchester, Connecticut 06040 JJOYC F F PSTEIN GARTY ELLEN BURNS LANDERS GEOFFREY NAAB RICHARD J SARTOR.GENERAL MANAGER THOMAS M RYAN November 8, 1991 RECEIVED Ms. Marcia Banach, Town Planner NOV 12 19g1 Town of South Windsor Town Hall SO. WINDSOR PLANNING DEPT.1540 Sullivan Avenue South Windsor, CT 06074 Re: "Settlement Plan" Downeast Associates Dear Ms. Banach: Thank you for providing us a copy of the above referenced plans and giving us the opportunity to make the following comments: 1. The Manchester Planning and Zoning Commission approved a special excep- tion application for 413,569 sq.ft. of retail development and parking for 1,653 cars at the site. The proposed "Settlement Plan" shows minor revi- sions in building configuration from Anchor 6 east to Buckland Street and has eliminated two anchors and some small shops from the westerly end of the site. These changes to the main retail building and the proposal to build the "restaurant center" and realign the driveway and parking area at the main entrance to the site will require Downeast to return to the Manchester Planning and Zoning Commission for a special exception plan modification. 2. In conjunction with the previously approved special exception in Manches- ter, Downeast Associates received State Traffic Commission (STC) Certifi- cate No. 1050. This STC certificate was based on 430,000 sq.ft of retail development in Manchester. The "Settlement Plan" propose a total of 965,227 sq.ft. of development. The most likely initial development would be 604,402 sq. ft. of retail. 3. The site plan approved in Manchester, and the STC certificate, required significant improvements to Pleasant Valley Road and the intersection of Pleasant Valley Road and Buckland Street. It is generally believed that it would no longer be possible to increase the capacity at the Buckland/ Pleasant Valley intersection or at the Interstate 84 ramps with additional lanes or changes to signalization. These critical intersections were operat- ing at level of service F at peak hours after the required improvements. The ability of this "Settlement Plan" to be accommodated by the existing roadway system is a serious matter for both South Windsor and the Town An Equal Opportunity Employer Ms. Marcia Banach, Town Planner November 8, 1991 South Windsor, CT Page 2 of Manchester. The "Settlement Plan" shows no additional road improve- ments from the plan approved in Manchester. 4. In addition to the increase in the amount of building proposed we wonder how the internal traffic circulation pattern shown in the Settlement Plan will impact local street intersections. In particular there is the drive behind the "flex-tech area" and the driveway across from what would be the main entrance to the Center at the J.C. Penney drive travelling north- ward to intersect with Smith Street. It appears this is a private drive, but it is possible that development of land to the north of Smith Street may have drives which align with the private drive, and it may begin to operate as a public street. From our brief review of the plans the major concerns of the Manchester Planning and Zoning Commission are the impact of the traffic circulation system, and the design, orientation, and landscape screening of the "restaurant cen- ter", and the increased floor area and attendant automobile trips. We trust South Windsor will ask the developers to evaluate and explain the impacts of the "Settlement Plan" on traffic patterns and local roadway capacity as part of its deliberations before acting on the plan. We will be glad to meet with you and the developers to discuss matters of mutual concern. VREMD MP/s Melvin Simon & Associates, Inc. THE PLAZA AT BUCKLAND HILLS SOUTH WINDSOR, CONNECTICUT November 12, 1991 SIMON GENERAL PLAN OF DEVELOPMENT The Plaza at Buckland Hills South Windsor and Manchester, Connecticut Downeast Associates Limited Partnership February 14, 1989 Updated May 15, 1989 GENERAL PLAN OF DEVELOPMENT The Plaza at Buckland Hills CONTENTS Page Number Introduction 1 A. Existing Features 2 B. Adjoining Properties 3 C. Present and Proposed Land Uses 6 D. Circulation and Traffic g E. Phasing of Development 9 F. Utilities 10 G. Soil.T-ypes 15 H. Wetlands and Watercourses 16 I. Proposed Open Spaces 18 J. Public Transportation 21 K CostlRevenue Statement 22 L. Renderings Related Maps Submitted General Plan of Development Sheet 1 of 5 Grading& Utilities Plan Sheet 2 of 5 Soils Plan Sheet 3 of 5 Location Plan Sheet 4 of 5 Permissible Building Envelope Plan Sheet 5 of 5 INTRODUCTION The Plaza at Buckland Hills is a site of 92.5 acres straddling the Town Line of South Windsor and Manchester, Connecticut. Approximately 56 acres lie within South Windsor and 36.5 acres in Manchester. The site lies north of Interstate 84. The surrounding streets are Buckland Street/Buckland Road, Pleasant Valley Road, Wheeler Road, and Smith Street. The site forms the highland watershed that drains both to Plum Gulley Brook and Quarry Brook to the Podunk River in South Windsor. The site is former agricultural land with gently rolling terrain. The proposed development of the site is for a retail shopping plaza and for a general office complex. 1 A. EXISTING FEATURES The site for the Plaza at Buckland Hills has been assembled from three properties. The largest property was a part of the former Hartman Tobacco Company and was used for tobacco growing. Abandoned structures relating to the agricultural past remain on the site including tobacco warehouses and barns. A house on Buckland Street is also a part of the site. The topography of the site is gently rolling terrain. Topographic contours are shown on the General Plan of Development", Sheet 1 of 5. The elevations range from just under 120-feet at the northwesternmost corner of the site to 150-foot elevations at the center of the site. The site is mostly open, formerly cultivated field. Some acreage in the northeastern part of the property is in shrubs, having been abandoned from agriculture some years earlier. A stretch of mature trees are found near Smith Street in the north central portion of the site. No rock outcroppings or scenic points of interest are located within the property. 2 B. ADJOINING PROPERTIES The "Location Plan" for the Plaza at Buckland Hills (Sheet 4 of 5) shows all adjoining properties within a 500' distance from the property of the project. This Location Plan also lists the abutting owners for the Towns of South Windsor and Manchester, and it shows the existing structures on abutting properties in South Windsor. The following listing repeats the map coda and adjoining property owners from the Location Plan. This listing adds the existing structures on the property and the current land use. IN TOWN OF SOUTH WINDSOR Map Existing Code Owner Structure Land Use Smith Street 1. Paul Kebalo et al. One Family Residence Residential 2. Walter P. & Lucyna Kebalo One Family Residence Residential 3. Margaret R. French One Family Residence Residential 4. Walter Jr. &Judith Kamm One Family Residence Residential 5. Aaron L. & Karen Johnson One Family Residence Residential 6. Marjorie Marquis One Family Residence Residential 7. Annie Y. Goodrich One Family Residence Residential 8. George C. & Doris Royce One Family Residence Residential 9. Lorraine M. White One Family Residence Residential 10. Robert & Beverly Hayes One Family Residence Residential 11. Robert J.& Beverly Hayes One Family Residence Residential 12. Ray T. &Janet Boulet One Family Residence Residential 13. Catholic Cemeteries Associates of the Archdiocese of Hartford Barn Agricultural 20. Leo & Mary Ann Gauthier One Family Residence Residential 21. Joseph J. & Frances T. Gancarz One Family Residence Residential 22. Willard & Clair Dufour One Family Residence Residential 23. Richard W. & Margaret Molloy One Family Residence Residential 24. Emil J. & Lucille Boutin One Family Residence Residential 25. Gene N. Beaupre One Family Residence Residential 26. F. Michael& Claudette Sansom One Family residence Residential 27. George A. Gilbert One Family Residence Residential 28. Theodore& Betty G. Gill One Family Residence Residential 29. Richard W. & Jeannette D. Haggett One Family Residence Residential 33. Marc Jean Jacques Barns and Residence Agricultural 3 Buckland Road 14. Buckland Hills Development Partnership None Not In Use) 15. Manchester I-84 Associates Limited Partnership None Business Under Const. 16. Mary A. Varricl= et al. One Family Residence Residential 17. Mitchel M. Slowick One Family Residence Residential 18. Gurrie A. & Barbara R. Fandozzi One Family Residence Residential Pleasant Valley Road 31. Town of Manchester None Drainageway 32. Stanley P. & Marion E. Baldyga One Family Residence Residential 33. Marc Jean Jacques None Residencial Wheeler Road 30. Nazish Ahmad Condominium Complex Residential 4 IN TOWN OF MANCHESTER Map Existing Code Owner Structure Land Use Windsor Street 34. Edward J. Bride, et al. One Family Residence Residential 39. Marilyn & Leonard Chmielewski One Family Residence Residential 40. Mona M. & Raymond D. Sullivan One Fam'y Residence Residential 41. Elaine P. & Phillip T. Meek One Fam y Residence Residential 42. Roy W. & Karen L. Culver One Family Residence Residential 43. Karen F. & John A. Botticello One Family Residence Residential 44. Albenie E. & Muriel D. Roy One Family Residence Residential 45. Jonathan L. Comp One Family Residence Residential 46. Elaine M. & Raymond G. Smith One Family Residence Residential 47a State of Connecticut None Open Space 47b State of Connecticut None Open Space Croft Drive 35. Robert & Kim M. Francis One Family Residence Residential 36. M.Jane Zerio One Family Residence Residential 37. Peter& Helen O. Tkaczuk One Family Residence Residential 38. Ryan s. & Kimberly H. James One Family Residence Residential Pleasant Valley Road 48. Town of Manchester Barns Drainage Basin 49. J.C. Penney Company Inc. Warehouse Industrial 50. Richard P. Hayes Office Office 51a. Exxon Corporation Houses Not In Use) 51b Exxon Corporation Gas Station Business 47c State of Connecticut None Commuter Parking Buckland Street 18. Barbara R. & Gurrie Fandozzi One Family Residence Residential 52. John Finguerra None Not In Use) 53. Manchester I-84 Associates None Business Under Construction 5 C. PRESENT AND PROPOSED LAND USES Present Uses. One occupied residence in Manchester is the only current use of the site. As noted, the predominate former use was agricultural field production, notably for tobacco and with ancillary facilities for greenhouse, storage, drying, shipping, equipment and temporary dormitory for workers. Proposed Uses. The proposed development consists of two main parts: 1) a Community Shopping Plaza occupying approximately two-thirds of the site and 2) an Office Park in the western third of the property. The proposed development is described on the"General Plan of Development", Sheet 1 of 5. The Community Shopping Plaza --Phase I-- is proposed as an "L-shaped" development with major entrances from Pleasant Valley Road. The initial building floor area of the main"L"complex is contemplated at approximately 446,000 square feet of retail space, comprised of about 302,000 square feet in South Windsor and 144,000 square feet in Manchester. Related parking will accommodate approximately 2,250 vehicle spaces in the front of the center. A service drive and loading docks will be located to the rear of the development. An additional component of the Community Shopping Plaza is located in Manchester and is identified as Phase II. The Office Park is serviced by a proposed new street running between Pleasant Valley Road and Smith Street. It is proposed that 390,000 square feet of office space will be developed in three 3- story structures. The office development lies entirely within the Town of South Windsor, and is identified as Phase IIIA and Phase IHB. 6 Proposed Parking Ratios. Parking for the Community Shopping Plaza is proposed at the ratio of one parking space for each 200 gross square feet of developed floor area (or, 5 spaces per 1000 SF). Parking for the Office Park is proposed at the ratio of one parking space for each 250 to 278 gross square feet of floor area (or, 3.6 to 4.0 spaces per 1000 SF). Permissible Building Envelope. The General Plan of Development (sheet 1 of 5) describes the general type, size and mix of retail uses within the Community Shopping Plaza and the anticipated general location of retail and office structures and parking areas. However, dependent upon final tenant selection and more detailed final site planning, the particular buildings for development may shift somewhat. Therefore, the Permissible Building Envelope Plan (sheet 5 of 5) outlines the allowable limits of building locations within the larger site. 7 D. CIRCULATION AND TRAFFIC Internal Circulation. Access to the Community Shopping Plaza will be via two major access drives from Pleasant Valley Road. An internal loop system surrounds the major parking area providing access to the parking aisles. For trucks and servicing, a separate service roadway will loop to the rear of the retail structures. This roadway will connect both to Buckland Street and Pleasant Valley Road with right-turn-in and right-turn-out only drives. The Office Park will be serviced by a proposed boulevard connector between Pleasant Valley Road and Smith Street. External Traffic and Linkage to Highway System. Please see the separate 'Traffic Impact Study"by John Collins Engineers, P.C. 8 E. PHASING OF DEVELOPMENT Development will be staged. The approximate proposed boundaries of each phase are shown on the General Plan of Development map, sheet 1 of 5. It is the intention of the developer to phase the development as follows: Phase I will be the main portion of the Community Shopping Plaza, consisting of approximately 446,000 square feet of retail floor area (range between 440,000 and 460,000 square feet), 2,200 to 2,300 parking spaces, and related landscaping. Phase II will be development of additional retail/restaurant space in Manchester (between 45,000 to 60,000 square feet of floor area). Phase IIIA will be the initial office structure and adjoining parking in South Windsor -- an estimated 130,000 square feet of office space. Phase UM is the completion of the Office Park complex -- i.e., two structures with an estimated total of about 260,000 square feet of floor area. 9 F. UTILITIES Drainage. The development will generally maintain the existing drainage flow patterns. The storm runoff, including roof runoff, will be collected by drainage systems and carried (1) to the Town of Manchester detention pond opposite the site on Pleasant Valley Road or (2) to one of three proposed detention ponds located on the site in the Town of South Windsor. For the Town of South Windsor, the drainage system has been designed to attain zero increase in runoff from the existing to the developed condition, in accordance with the requirements of the Town. The preliminary drainage is shown on the Grading and Utilities Plan, sheet 2 of 5. Existing Conditions. Currently, there are four existing drainage areas on the site. The first area, the northwest quarter of approximately 30 acres, drains to the area of the proposed detention pond in the northwest corner of the site. Existing 15" reinforced concrete pipes carry runoff to the enclosed South Windsor system in Smith Street westerly of the site. The second area, approximately 14.5 acres, is located in the center of the southern half of the site and drains to catch basins abutting the area located along the north curb of Pleasant Valley Road. The pre-development runoff is carried to the existing Town of Manchester detention pond located south of Pleasant Valley Road opposite the site. The third drainage area, including the eastern half of the site and residences abutting the site on the north border, approximately 53 acres, drains towards an existing 24"culvert located on Smith Street about 600 feet westerly of Buckland Road. Approximately 38 acres of the Plaza site falls into this drainage area,which drains to a north-flowing tributary to Plum Gulley Brook. 10 The fourth drainage area, approximately 7.4 acres, located at the southwestern corner of the site, drains to two existing catch basins on the north curb of Pleasant Valley Road abutting the drainage area. One catch basin receives the runoff from 5.6 acres of this area and the other basin drains approximately 1.8 acres. The pipes from both catch basins carry the pre- development runoff to the channel that becomes Quarry Brook opposite the site. Proposed System. Four drainage areas are proposed. The first proposed area, approximately 25.4 acres in the northwestern quarter of the site, will drain through a system of catch basins and pipes to a proposed detention pond near Wheeler Road and Smith Street. The outflow from the detention pond through a 15" reinforced concrete pipe to the existing South Windsor storm system will provide for less than predevelopment runoff in major storms. The second proposed drainage area consists of two sub-areas. The first sub-area is 40.6 acres located in the central section of the site and will drain to the existing Town of Manchester detention pond southerly of the site. The second sub-area, located just west of the previously mentioned sub-area, contains 3.85 acres and also drains to the Town of Manchester detention basin south of the site. The third drainage area, located on the eastern/northeastern portion of the site, is approximately 18.7 acres in area. The excess runoff will be detained by the proposed detention pond on the northern border. The fourth area is a 6.75 acre area located at the southwestern corner of the project site. Drainage from this area will be detained by an on-site pond near the corner of Wheeler Road and Pleasant Valley Road. 11 Water Service. The Project lies within two separate water franchises: one in the Town of South Windsor allocated to the Connecticut Water Company; the second in the Town of Manchester is serviced by the Water and Sewer Division of the Town. Preliminary coordination has been conducted to verify water service availability. The Connecticut Water Company presently does not have mains available at the site but anticipates extension of their system to provide service in the near future. At this time there is no commitment as to their schedule. Attached is their letter proposing service to the site. The Town of Manchester is willing to provide the water service to their franchised portion of the site. Attached is correspondence from Mr. Robert J. Young,Administrator of the Town of Manchester Water and Sewer Division. Sanitary Sewerage. The entire area of the site is to be served by the South Windsor sewer district, operated and maintained by the South Windsor Department of Public Works. An existing sanitary sewer in Smith Street, 700 to 800 feet westerly of the intersection of Wheeler Road, can receive the sanitary waste from the site. The estimated wastewater generation from the total,completed project is 36,500 gallons per day,with peak flows of 260 gallons per minute. Solid Waste Disposal Waste removal will be performed by contracted waste removal services. Final site plans will show the location of dumpsters for the retail and office areas. 12 THE CONNECTICUT WATER COMPANY NORTHERN DIVISION 15 NORTH ROADTWSEASTWhOSORCONNECTICUT06088.0100 TEL 203.623.3354 A SUBSIDIARY Of CONNICTICUT WATER SIRYICE, INC i October 20, 1988 Ms. Terry Barch Close, Jensen & Miller 1137 Silas Deane Highway Wethersfield, CT 06109 RE: Water main extension for Buckland Mall, South Windsor/ Manchester, CT Dear Ms. Barch: Water for domestic use and for fire protection is available with a properly engineered water main extension off of our system, in conformance with our main extension regulations. When plans are available, I would like to review them with you so that we can get a better understanding of the scope of this project. 1 Sincerely, Stephen R. Melanson Technical Services Supervisor SRM/sd cc: R. P. Kulas D. F. Lesnieski C. J. Wojciak Rt' CEIVED DrIOT 2 : 1938 CLOSE,IENSEN & MILLER, P.Q 13 coti PETER P DiROSA JR.MAYORTownoo ancI ester STEPHEN T CASSANO DE PV71'MAYOR JAMES F FOGARTY SECRETARY 41 Center Street DIRECTORS o Q Manchester. Connecticut 06040 MARY ANN HANDLEYorGEOFFREYNABB. ESQ RONALD OSELLA KENNETH N TEDFORD. ESQ BARBARA B WEINBERG ROBERTB RUSS GENER4LMANAGER THEUNISRERA'HOVEN September 28, 1988 Mr. Ken Keifer Post, Jenson and Miller 1337 Silas Deane Highway Wethersfield, CT 06109 RE: Proposed Commercial Development Buckland and Pleasant Valley Road Dear Mr. Keifer: Recently I have had contact with representatives from your firm regarding the provision of public water supply to the subject development. As you are aware, the proposed development is situated in both Manchester and South Windsor. The Town of Manchester Water Department has sufficient water available to meet your domestic and fire protection supply needs, however, part of the development lies outside the franchise area for the Town of Manchester. The Town of Manchester Water Department would be willing to supply water for all of the proposed development provided an arrangement and subsequent agreement can be reached with the Connecticut Water Company. The terms of that agreement should be such that the Connecticut Water Company will ultimately provide service once they have extended their water mains into the area. The exact technical information for water main layout can be arrived at at a later date in the palnning process. I suggest that you make contact with representatives from the Connecticut Water Company to determine their position on this matter. Should you have any questions or need additional information, please do not hesitate to contact me. The Town of Manchester stands ready to be of assistance in providing water service for that area. Very Truly Yo s, Robert J. oung R E C E I V Administrator E D Town of Manchester Water and Sewer Division SE P j 0 11988 RJY/ms j CLOSE,JENSEN & MILLER,P.QCC: Robert B. Weiss, General Manager Peter Lozis, Director of Public Works RJYMEMOH(59) An Equal Opportunity Employer 14 G. SOIL TYPES The SOIL SURVEY for Hartford County, published jointly in 1962 by the U.S. Department of Agriculture, Connecticut Agricultural Experiment Station, and Storrs Agricultural Experiment Station, indicates that the Soil Series classifications comprising the site are as follows: Classification of Soils AfA Agawam Fine Sandy Loam -well drained EsA Enfield silt loam -well drained EsB Enfield silt loam -well drained EsC2 Enfield silt loam -well drained MrA Merrimac fine sandy loam - somewhat excessively to well drained MrB Merrimac fine sandy loam - somewhat excessively to well drained MgC Manchester- gravelly/sandy loam - excessively drained MhC Manchester -loamy sand - excessively drained The approximate limit of each soil type is as shown on the plan entitled "Soils Plan", Sheet 3 of 5. The indicated soils present no problems for the proposed development. 15 H. WETLANDS AND WATERCOURSES No wetlands soils are shown on the Hartford County Soil Survey mapping of the site, i.e., no soil types indicating soils designated as poorly drained, very poorly drained, alluvial or flood plain. Further, no wetland areas are designated for the site on the official inland wetland maps of the municipalities of South Windsor and Manchester nor on the National Wetlands Inventory map (Manchester, Conn. quadrangle) by the Fish and Wildlife Service of the U.S. Department of the Interior. A drainage swale exists in the northeastern sector of the site which was visited by Dr. Clarence Welti to answer if the low-lying land constitutes a watercourse. His determination that there is no watercourse on the site is attached. 16 DR. CLARENCE WELTI, P.E., P.C. GEOTECHNICAL ENGINEERING 227 Williams Street- P. O. Box 397 Glastonbury, CT 06033 203) 633-4623 October 3 , 1988 Close , Jensen & Miller 1137 Silas Deane Highway Wethersfield , CT 06109 Att : Ken Kiefer Re : Plaza at Buckland Hills Wetlands & Water Course Dear Ken : Regarding the above I have reviewed the topographic map of the site and have walked the subject site . In addition , numerous borings have been made on the site . The soils beneath the site are very pervious sands and gravels (beneath the topsoil) . There are no indicated wetlands on the wetland maps of South Windsor and Manchester and there is no evidence of any wetlands on the site . As regards the question of water courses , seasonal or otherwise , there is no physical evidence of any water course on the subject site . While water obviously flows from the high areas to the low areas , the movement on the subject site is in sheet drainage . Water courses do develop only off the subject site . If you have any questions please call me . Very truly yours , Dr . Clarence Welti , P.E. , P.C. CW:n RECEIVED OCT 51W CLOSE,JENSEN & MILLER,P.C, 17 I. PROPOSED OPEN SPACES Perimeter Buffer and Street Frontage Setback. The boundaries of the project provide a large amount of landscaped open space, comprised of the"buffer" zone in South Windsor and the street frontage"yard" in Manchester. In South Windsor, a landscaped open space buffer of 100'width is maintained adjoining all project bounds in South Windsor, including the buffer against neighboring residential properties and bordering the public streets of Smith Street, Wheeler Road and Pleasant Valley Road. The perimeter buffer area in South Windsor amounts to a total of 11.37 acres, or slightly over 20% of the total project area within the Town. Where the project abuts residential properties in South Windsor, most of the buffer zone will be thickly planted in evergreens to provide deep visual and sound screening between the project and the residences. Portions of the buffer area along Smith Street have existing wooded areas that may be retained in the landscape scheme. The drainage detention basins located within the buffer may be planted in tree and shrub species tolerant to periodic wet ground. The buffer zone will be designed for attractive landscape plantings. In particular, the expansive buffers adjoining Smith Street, Wheeler Road and Pleasant Valley Road in South Windsor provide the opportunity for a varied landscape treatment: street trees of a stately type, lawns, groves, flowering specimen plantings, shrubs and ground covers. In the town of Manchester the street frontages of Pleasant Valley Road and Buckland Street in the Town of Manchester will be treated as landscaped "front yard"to the project. A minimum area of 2.8 acres will be devoted to the street frontage setback and driveway entry landscaping. Street tree planting, as well as landscaped lawn, will be provided along the street 18 frontage (where not interfering with required sight lines). Possibly, entry areas will provide large garden beds for colorful displays of seasonal flowering varieties. Landscaped Roadways and Parking Areas. All parking areas and interior roadways of the project are to be landscaped to avoid the unrelieved expanses of paved surfaces. Planting strips and islands will provide trees, shrubs and ground covers. In the Community Shopping Plaza area of the project in South Windsor and Manchester, substantial portions of the parking lot area will be given to landscaped divider strips and planted islands. The parking areas in the Office Park portion of the project will have landscaped strips, islands and borders. The proposed street will be a boulevard with center planted divider. Building Grounds for Office Buildings. The office development of the project will provide spacious landscape grounds for each of the proposed office structures. A park-like "suburban" office grouping is anticipated. Three sides of the Office Park have the broad landscaped street buffers and the fourth side will be a landscaped buffer separating the retail and office areas. Sample Planting Species for Landscaping. The following species are representative of the character of landscape planting materials to be employed for the project. Street Trees Acer Platanoides Norway Maple Acer Rubrum Red Maple Quercus Palustris Pin Oak Quercus Rubra Red Oak Flowering Trees Pyrus Calleryana Bradford Pear Cornus Kousa Kousa Dogwood Malus Cultivars Crabapples Prunus Serrulata Oriental Cherry 19 Evergreen Trees (Especially for Screening) Pinus Nigra Austrian Pine Pinus Stradbus White Pine TsugaCanadensis Hemlock Picea Pungens Colorado Spruce Shrubs Juniperus Cultivars Junipers Rhododendron Cultivars Rhododendrons Ilex Cultivars Hollies Parking Areas Pyrus Calleryana Bradford Pear Gleditsia Triacanthos Honeylocust Tilia Cordata Linden Acer Rubrum Red Maple Evergreen Trees for Detention Pond Areas Pinus Nigra Austrian Pine Chamaecyparis Thyoides Atlantic White Cedar Meta sequoia Glyptostroboide Dawn Redwood Larix Decidua European Larch Maintenance of Landscaped Buffers and Open Spaces. As the landscaping of buffers, yards, parking areas and ground will be professionally designed and installed, so the highest caliber of contract landscape management services will provide for the year-round maintenance of all planted areas. Routine maintenance will provide for such horticultural care as mulching, weeding, fertilizing, pruning, spraying and mowing. Replacement plantings of injured or diseased trees and shrubs will be conducted. Regular housekeeping will preserve all open space areas in a clean and orderly appearance. Waiver. A waiver of up to one-half of the zoning regulation figure of 10% landscaping of interior parking areas is requested for the Community Shopping Plaza and the Office Park in South Windsor. It is the intent of the developer to landscape parking areas for attractiveness and to avoid expanses of unrelieved pavement. However, large perimeter plantings, boulevarded driveways and border plantings may prove more effective than extensive interior plantings. 20 J. PUBLIC TRANSPORTATION At this time there are no projected involvements with public transporation systems. 21 K. COSTS AND REVENUES Please see the separate cost/revenue analysis of the project. 22 PI I;\til ON1. ti,xnh Wlndax r - 1 ti.uur,JvcJ IAnn)hill" Ik•nn Hullo j t.'L-il-"1 _ r.,n+.n Y ' i00i11T ps y Ift JL I Flex- r. z m i J BR OHSU,+ 8 HUiENSK•r MOP' M . YC y: Hmu l4i+htl!ff+M!?f11k+h r o W 1Qy,,••..... v. f i"4*+ 00 N P s ,/ '• p .+( Ir LI YVV JlJ-_. tail CcnWr oNil SIMONgs 1 1.I.•1'I Development Plan V IL,yn NLE_'In ii AL Johnson Richter V X I11\11\I1V Xt Phan Onc: I ulurc IIh,11c1 Na[yl i I 1rY AnnIttiftcr B"UAW l400sF>t1O9e+ N,11111.11VNI wry wowr r.v Few R.lbs onrpem 7 11 i=,/ bra\rrY S i flr y_, J'' cam• a• _ 17 BRONSON B HUTENSKY r ',. :"/ M?rta;ra?,!rf};.,Nl;d{V I J -( r 0 V IIIJJJJ . `k b.i.El d syl S a\d,,,- C ijy.r,sfy.LldO¢'o w.n. I•11\11 "M I .. Development Plan THE PLAZA AT B_'_I LAND HILLS MANCHESTER/bDU TH WINDSOR CONNECT)CUT SOUTH WINDSOR j SPECIAL Johnson—Richter I.;Ir r I_nu I)rl r I.:In iu•ape I lan l I unl Ihn. I Icf.n ii wi f ;r'• • 1l'alu Nl•- s r Y BRONSON B HUTENSKY 1 I I I'Lul h; Ernry Drive SIMON Planting and ...... Berm Details THE PLAZA AT ter•b -•e; • _ BUCKLAND HILLS k'l'l11 Ml I'.It'V81MM1 r^" j kUKNI MANCHESTER/SOUTH WINDSOR CONNECTICUT 6 Typical Berm SOUTH WINDSOR SPECIAL Johnson..Richter PC 46 ?7 "lcmpurary Shadowbox 1-cnce Scrccn Section la Section 2a Section 3a b .. BRONSON 9 HUTENSKY 22 Oclober 1991 Sl MO N Section 4a 4a Phase One IELVIN SIIDN 6 AS90CIA7LSINC. Site Section Studies " ' THE PLAZA AT BUCKLAND HILLS c.r., NANCHESTER/SOUTHmw. r+i MNDSOR CONNECTICUT rc `_ --- aSOUTH WINDSOR a p SPECIAL Section 5a _ Johnson.Richtff PC 46 Q ter MsK dyr Section 2b Section 3b AL BRONSON 6 HUTENSKY qo 1 1-- -------- '---- a Develo ment Plan M:nA 51,0 a T.IMC. 22 O"oba 1991 SIMON Section 4b .•« p r1 M a . AI Site Section Studies " THE PLAZA AT BUCKLAND HILLS r'^ r MANCHESTER/SOUTH VANDSOR CONNECTICUT o-.n.na Z---------- ---------SOUTH WINDSOR o„m SPECIAL Section 5b ,.d Johnson.Richter r lop r pit if" 75 711 j f THE PLAZA AT BUCKLAND HILLS SOUTH WINDSOR CONNECTICUT u i e Ug: riQCZ...31i1 _. Csyiurj il 1 r r i s i il l i il l x _ ., i i11r i it i y t fir- a s7 L The Plaza at Buckland Hills South • •Connecticut Developer rAssociates, Architect Simmms & Associates, JJ M Y .it . If f _ , ' sr~, . . 'Y.. _r Sri' ••!J THE PLAZA 1 1 S0wN SF'q( own OPSotdA ?vi 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-Co AREA CODE 203/644-2511 November 20, 1991 Honorable John P. Maloney Judge of the Superior Court J.D. , Hartford/New Britain 95 Washington Street Hartford, CT 06106 Dear Judge Maloney: Re: Downeast Associates Limited Partnership v. Planning and Zoning Commission of the Town of South Windsor, et al. CV-89-0364558 Please be advised that on the evening of Tuesday, November 19, 1991, the Planning and Zoning Commission of the Town of South Windsor met in executive session for the purpose of discussing the current status of this matter, which is scheduled for trial in your court on Thursday, November 21, 1991. After careful review and consideration of the representations made to this Commission by the respective attorneys for the Town and for the developer, Downeast Associates Limited Partnership, the Commission took the following actions. It was resolved by unanimous vote to approve the Development Plan, dated 18 November 1991, that was offered by the plaintiff in this case as part of the settlement of pending litigation. The Commission also unanimously approved a Motion for Stipulated Judgement, the Stipulation, Exhibits A through E (Plans) , and Exhibit F to the Stipulation (Site Standards) , with a reservation as to certain items yet to be resolved in detail. The consensus of this Commission is that a continuance of the trial in the above-captioned matter is warranted because the Commission believes that these details will be resolved within two weeks and that the settlement negotiation efforts will prove successful. R0 ectfully ouise C. Evans Chairperson LCE/pmm cc: Richard Rittenband, Esq. , Town Attorney Robinson & Cole Updike, Kelly & Spellacy, P.C. , Counsel for Plaintiff Downeast Associates Limited Partnership Law fficesROBINSON & One Commercial Plaza Hartford, CT 06103-3597 203-275-8200 Fax 203-275-8299 Financial Centre 695 East Main Street P.O. Box 10305 November 25, 1991 Stamford, CT 06904-2305 203-964-1200 Fax 203-359-8576 Barbara Wagner, Esq. Updike, Kelly & Spellacy One State Street P.O. Box 31277 Hartford, CT 06103-3176 Dear Barbara: This note is a follow-up, both to our discussion on Friday regarding a "no precedent" clause in the Stipulation and to Dwight's memo to you yesterday regarding the cost of building facades on Anchors 6 and 9 through 12 . This is my proposal for an additional paragraph in the Stipulation: 18. This Stipulated Agreement represents no legal precedent, except as it applies to the subject Property, binding upon either the Town, the Commission, Downeast Associates, nor any other Project not the subject of this Agreement. As far as the cost breakdown using "ground face" building materials instead of "painted block" , these are the figures I computed: Bldg. Bldg. Cost/ Cost Cost Anchor Width Height S. F. Block G.Face 6 314 . 5' 271* 7 . 63 64, 782 10.43 88 , 555 9 100, 12 '** 7 . 63 9, 156 10.43 12 , 516 10 150' 12 '** 7 . 63 13,734 10. 43 18, 774 11 250' 12 '** 7 . 63 22, 890 10. 43 31, 290 ROBINSON & COLE Law Offices One Commercial Plaza Hartford, CT 06103-3597 203-275-8200 RECEIVED Fax 203-275-8299 Dwight H. Merriam Hartford Financial Centre 203-275-8228 695 East Main StreetQEQ -j 1991 P.O. Box 10305 Stamford, CT 06904-2305 WJMMOR PLANNING DEM 203-964-1200 Fax 203-359-8576 December 2, 1991 Thomas W. DeMille, Esq. Updike, Kelly, & Spellacy One State Street Hartford CT 06123 Dear Tom: It appears that we are finally drawing toward a conclusion of the Downeast/South Windsor Development matter that is agreeable to everyone concerned. This is good news. Because you and I were both absent from the public hearingoftheSouthWindsorPZConTuesday, November 26, I thought it important to confirm with you and Barbara Wagner my understandingofwhattranspiredthatevening. I believe we can be more comfortable with the certainty that our perceptions of the current status of negotiations are the same. There were only three subjects Tuesday night about whichthereremainedanyfurtherdisagreementordiscussion: the height of light poles in the Retail Center, the facade materials for the backs of specified buildings, and signage details. After lengthy debate and review of these three items, the followingResolutionwaspassed: That the Stipulation be approved as proposed subject to the following changes in Exhibit F, the Site Standards : 1. ) Page 3, para l. f. , regarding the facade on the back of Anchor 6, by incorporating a minimum negative standard and the Alternative Facades Plan to be prepared by the developer in conjunction with the Commission as Exhibit G; 2 . ) Page 5, para 11. , regarding a prohibition of flashing and oscillating lights; 3 . ) Page 6, para 14, Lighting: the deletion of item 14.c.2 . (specifying minimum number of poles) , and the insertion of item c.5 . , to indicate that the discretion of the Commission controls lighting height. The PZC was satisfied with the lighting specifications in the Village Green and Restaurant Development areas but wanted greater assurances of final control over height in the Retail Center. Updike, Kelly & Spellacy, P.C. Counselors at Law Thomas W. DeMille One State Street, P O Box 231277 Hartford(203)548-2604 Hartford,Connecticut 06123-1277 Telephone(203)548.2600 Facsimile (203) 548-2680 One Century Tower, 265 Church St. New Haven,Connecticut 06510-7002 Telephone(203)787-9007 Facsimile (203)772-2037 December 3, 1991 VIA HAND DELIVERY Dwight H. Merriam, Esq. Robinson & Cole One Financial Plaza Hartford, CT 06103 RE: Downeast Associates Limited Partnership v. South Windsor Planning and Zoning commission, et al. Dear Dwight: We have reviewed your letter of December 2nd, summarizing your understanding of the agreement that was reached between the Commission and Downeast at the November 26th meeting. We appreciate your confirmation that the modified Site Standards, as telecopied to you on November 27th, and reflecting the agreed- upon changes, are acceptable. We are also enclosing a reduced copy of the Alternative Facades Plan, which plan was accepted by the Commission at the meeting. We were unable to forward this to you last week because our only copy was at the printer being reduced for inclusion as an exhibit. The Commission kept one of the two copies of the Plan and clearly understood that it would be attached as "Exhibit G. " Although the Commission had indicated that they wanted you to personally review the proposed revisions to the Site Standards prior to their finalizing the Stipulation, there was no indication that there would be further negotiations or review of the Alternative Facades Plan. Updike, Kelly & Spellacy. P.C. Dwight H. Merriam, Esq. December 3, 1991 Page 2 As soon as we receive your confirmation that the enclosed Plan is the Plan presented to the Commission, we will prepAr the settlement documents in final. Very rs, HO S E cc: Mr. Thomas Maskey Mr. Glenn Johnson Barbara C. Wagner, Esq. Encl. fXHIBIT G Alternative Facade Plan i S 1 r LawROBINSON &One Offices Plaza Hartford, CT 06103-3597 203-275-8200 Fax 203-275-8299 Brian R. Smith Financial Centre Hartford 695 East Main Street 203-275-8224 P.O. Box 10305 Stamford, CT 06904-2305 203-964-1200 Fax 203-359-8576 December 4, 1991 VIA HAND DELIVERY RECEIVED Thomas W. DeMille, Esq. DEC 6 1991 Updike, Kelly & Spellacy, P.C. One State Street SO. WINCSOR PLANNING DEPT. P.O. Box 231277 Hartford, CT 06123 Re: Downeast Associates Limited Partnership v. South Windsor Planning and Zoning Commission, et al. Dear Tom: In the absence of Dwight from the office due to his Naval Reserve commitment, and after discussion of this matter with Lowell Peterson, I am responding to your letter of December 3rd. It appears that we are now in general agreement as to the modified Site Standards and the intentions of the PZC. Although your observation that there were to be no "further negotiations or review of the Alternative Facades Plan"' is essentially correct, there were oral representations to the effect that th Plan would be clarified in greater detail. Specifically, the concern was voiced that this Plan, as it now exists in the form of Exhibit G, makes no reference to the materials to be used and gives little indication of the final appearance. It was my understanding that Tom Maskey orally discussed some combination of architectural block, split face, and textile panels, respectively for the three alternatives shown. However, the Plan itself makes no such representation. The Resolution passed by the PZC last week agreed to approve the Stipulation subject, inter alia, to a change in paragraph l.f. of the Site Standards to incorporate an Alternative Facades Plan "to be prepared by the developer in conjunction with the Commission"'. This language implies to me that the Commission has reserved its right of final approval of Exhibit G. I cannot recommend it give this approval to a Plan as scant in detail or commitment as that now being offered. Thomas W. DeMille, Esq. December 4, 1991 Page -2- I suggest that this Plan be supplemented by a description, prepared by Downeast, of the materials to be used prior to its incorporation as Exhibit G. If we are satisfied that this description conforms to the representations made orally to th PZC on the 26th, I can see no reason to delay matters any further by returning to the PZC for review. Upon receipt of a more thoroughly detailed description of ach of the three proposed alternatives on the Alternative Facad Plan, we are prepared to execute the settlement documents. Very truly yours, Brian R. Smith BRS/alh cc: Marcia Banach, Town Planner Dwight M. Merriam, Esq. Barabara C. Wagner, Esq. DEC 2 1991 TO BE PUBLISHED IN THE JOURNAL INQUIRER WEDNESDAY, DECEMBER 4 , 1991 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At its November 26 , 1991 Public Hearing/Special Meeting, the Planning and Zoning Commission voted to take the following action : 1 . Approve the amended stipulation for settlement of pending litigation in "Downeast Associates Limited Partnership vs . Planning .& Zoning Commission of the Town of South Windsor" . PLANNING AND ZONING COMMISSION Louise C . Evans , Chairman Bernard Hart, Secretary Evans , Montana, Gallicchio, Hart, Fitzgerald, Murrin, and March voted in favor of Item #1 NO. CV 89-0364558 DOWNEAST ASSOCIATES LIMITED SUPERIOR COURT PARTNERSHIP JUDICIAL DISTRICT OF HARTFORD/ V. NEW BRITAIN AT HARTFORD SOUTH WINDSOR PLANNING AND DECEMBER 11, 1991 ZONING COMMISSION, ET AL. JOINT MOTION TO SUBSTITUTE PARTY Pursuant to Practice Book §100, the plaintiff, Downeast Associates Limited Partnership, and the defendants, Planning and Zoning Commission of the Town of South Windsor, Raymond F. Hallowell, Jr. , Chairman of the Planning and Zoning Commission, and Marilyn W. Burger, Town Clerk of the Town of South Windsor, move that the court substitute Louise Evans, as a defendant in place of Raymond F. Hallowell, Jr. Hallowell was named only because of his position as Chairman of the defendant South Windsor Planning and Zoning Commission. Because he is no longer a member of the Commission, it is appropriate to substitute his successor. PLAINTIFF, DOWNEAST ASSOCIATES LIMITED PARTNERSHIP BY KAREN P. BLADO, ESQUIRE Updike, Kelly & Spellacy, P. C. One State Street - P.O. Box 231277 Hartford, CT 06123-1277 Tel. (203) 548-2600 Juris No. 65040 ORAL ARGUMENT NOT REQUESTED TESTIMONY NOT REQUIRED 2- DEFENDANTS, PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR, RAYMOND F. HALLOWELL, JR. , CHAIRMAN OF THE PLANNING AND ZONING COMISSION, and MARILYN W. BURGER, TOWN CLERK OF THE TOWN OF SOUTH WINDSOR BY BRIAN R. SMITH, ESQUIRE Robinson & Cole One Commercial Plaza Hartford, CT 06103-3597 Juris No. 50604 O R D E R The foregoing Motion having been duly presented to this Court, it is hereby ORDERED: That the same be and hereby is GRANTED / DENIED . By The Court, JUDGE/Clerk CERTIFICATION This is to certify that a copy of the foregoing was/mailed, postage prepaid, to all counsel of record this day of December, 1991. KAREN P. BLADO, ESQUIRE Updike, Kelly & Spellacy, P.C. NO. CV-89-0364558 SUPERIOR COURT DOWNEAST ASSOCIATES LIMITED JUDICIAL DISTRICT OF HARTFORD/ PARTNERSHIP NEW BRITAIN AT NEW BRITAIN V. PLANNING & ZONING COMMISSION OF DECEMBER 11, 1991 THE TOWN OF SOUTH WINDSOR, ET AL. MOTION FOR JUDGMENT The plaintiff, pursuant to Section 8-8 (n) of the Connecticut General Statutes, move this Court for judgment in accordance with the Stipulation signed by all parties and submitted herewith. Over the course of the last year the parties have discussed modifications to the plaintiff's General Plan of Development (the denial of which is the subject of this appeal) and the plaintiff has made changes to meet the defendant's concerns. After review by Town of South Windsor officials, a duly noticed public hearing on the modified plans (listed at pages 4-5 of the attached Stipulation) was held on November 12 , 1991. Thereafter, on November 26, 1991, the Planning & Zoning Commission of the Town of South Windsor met and voted to approve the Stipulation and settlement of this lawsuit. ORAL ARGUMENT REQUESTED TESTIMONY NOT REQUIRED WHEREFORE, plaintiff requests this Court to enter judgment in accordance with the parties' Stipulation submitted herewith. THE PLAINTIFF, DOWNEAST ASSOCIATES LIMITED PARTNERSHIP By: l Y,.f KAREN P. -BLADO, ESQUIRE Updike, Kelly & Spellacy, P.C. P.O. Box 231277 One State Street Hartford, CT 06123-1277 Juris No. 65040 ORDER The foregoing motion having been heard by this Court, it is hereby ORDERED: GRANTED/DENIED. THE COURT By CERTIFICATION THIS IS TO CERTIFY that a copy of the foregoing has bee mailed, postage prepaid, this L'-- J day of November, 1991, to all pro se parties and counsel of record. By KAR'EN P. BLAD , ESQ. Updike, Kelly & Spellacy, P.C. NO. CV 89-0364558 DOWNEAST ASSOCIATES LIMITED SUPERIOR COURT PARTNERSHIP JUDICIAL DISTRICT OF HARTFORD/ V. NEW BRITAIN AT HARTFORD SOUTH WINDSOR PLANNING AND DECEMBER 11, 1991 ZONING COMMISSION, ET AL. MEMORANDUM OF LAW IN SUPPORT OF MOTION TO SUBSTITUTE PARTY I . FACTS This is an administrative appeal by Downeast Associates Limited Partnership ("Downeast") , from a decision by the defendant, South Windsor Planning and Zoning Commission ("Commission") denying Downeast's Application for a General Plan of Development. In addition to the Commission, the Chairman of the Planning and Zoning Commission at the time, Raymond F. Hallowell, Jr. ("Hallowell") , and the Town of South Windsor Town Clerk, Marilyn W. Burger were named as defendants. Subsequent to the filing of the complaint, Louise Evans ("Evans") replaced Hallowell as Chair of the Commission. Downeast now seeks to substitute Evans for Hallowell as a party defendant. II. ARGUMENT In Simko v. Zoning Board of Appeals, 205 Conn. 413, 417 (1987) , the Connecticut Supreme Court held that in zoning appeals General Statutes §8-8 (b) "clearly mandates that both the zoning board and the clerk of the municipality be named parties to a zoning appeal. " Similar reasoning was then applied to the Chairman of the Commission. Andrew Ansaldi Co. v. Planning and Zoning Commission of Manchester, 207 Conn. 67 (1988) . Downeast met that requirement at the time its complaint was filed. However, due to a change in the membership of the Commission, the parties now bring this Joint Motion to Substitute Party. Practice Book §100 authorizes the court to substitute parties "at any stage of the cause" as the interests of justice require. No individual claims were made against the Hallowell and none are made against Evans, their presence being by virtue of being Chairman of the defendant's Commission. III. CONCLUSION For the foregoing reasons, the parties respectfully request that the Motion to substitute Louise Evans, the Chairwoman of the South Windsor Planning and Zoning Commission, for Raymond F. Hallowell, Jr, former Chairman of said Commission, as a party defendant, be granted. PLAINTIFF, DOWNEAST ASSOCIATES LIMITED PARTNERSHIP BY EN P. BLADO, ESQUIRE Updike, Kelly & Spellacy, P.C. One State Street P.O. Box 231277 Hartford, CT 06123-1277 Tel. (203) 548-2600 Juris No. 65040 DEFENDANTS, PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR, RAYMOND F. HALLOWELL, JR. , CHAIRMAN OF THE PLANNING AND ZONING COMISSION, and MARILYN W. BURGER, TOWN CLERK OF THE TOWN OF SOUTH WINDSOR BY B AN R. SMITH, ESQUIRE Robinson & Cole One Commercial Plaza Hartford, CT 06103-3597 Juris No. 50604 CERTIFICATION This is to certify that a copy of the foregoing was mailed, postage prepaid, to all counsel of record this day of December, 1991. KAREN P. BLADO, ESQUIRE Updike, Kelly & Spellacy, P.C. DOWNEAST ASSOCIATES vs. SOUTH WINDSOR* PZC CY-89-0364558-S(A00) MOTION FOR STIPULATED JUDGMENT GRANTED. 12-13-91 PER ORDER OF THE HON. JOHN P MALONEY ROBERT LANCOUR ASSISTANT CLERK ROBINSON E COLE SUPERIOR COURT ONE COMMERCIAL PLAZA 95 WASHINGTON STREET P.O. DRAWER D, STATION A HARTFORD, CONNECTICUT 06106 HARTFORD CT 06103 DATED DEC 13, 1991 HHD i NOTICE Pursuant to Practice Book Sec. 352, if a party who has been defaulted for failure to appear files an appearance prior to the entry of judgment after default, the default shall automatically be set aside by the clerk. JA-0014 5/91 Law Offices SO C0LL One Commercial Plaza ROB1 i Hartford, 06103 3597 203-275-820200 Fax 203-275-8299 Financial Centre 695 East Main Street Dwight H. Merriam P.O. Box 10305 Hartford Stamford, CT 06904-2305 203-275-8228 203-964-1200 Fax 203-359-8576 December 1 8 , 1991 Louise Evans, Chairman & Zoning Commission South Windsor Planning 1678 Main Street CT 06028EastWindsorHill , RE: Downeast Associates Limited PartnershipCommissionofthe v. Planning & Zoning et al.Town of South Windsor, Evans: that IDearChairmanlittlebitofrelief ) great pleasure (and a fully executed, It is with g The stipulation itself , send to you with this letter all of the documen s ' executed ulated Judgment in this case• and fully for the StiPDecember 11 , 1 991 , is an originalJudge executed on reserved for future refe r 1nce* copy which should be preservedon December 12 , Maloney signed the judgment stipulation provides for a ment than what the I am satisfied that the stip leased about substantially better retail and officeIfameparticuparly p ers originally proposed. develop The earthen berms with landscapingeng prev berms y available. the additional landscaping. The not p and we have achieved will provide buffers is an excellent one, Windsor from the village green conceptpossible for South at the back about as much protection as P looking blight that would otherwise come fromvisual long of stores in Manchester. of a long strip that t arduous and his has been a time consuming,I know but I hope that you will agree that it has beenexpensiveprocess , worth the effort. ganach, who has been a ecially thank Marcia demonstrated the highest I want to esp has continuously its lawyers delight to work with and s with the developer efforts. She should be highly commended for herprofessionalisminherdealing and our office. you and great pleasure to work with could Finally , it has been MY g I am sure that Y with our meetings how comfortable I have been workingtheothermembersofthecommission. sense during ROBINSON & COLE Louise Evans, Chairman December 18 , 1991 Page 2 you. Your collective strong sense of the needs of the neighborhood, the larger community and the Town' s general welfare is extraordinary. I wish you the best in your future work. Keep out of trouble. Sincerely, Dwight H erriam DHM/mag Enclosures Copy to: Members of the Planning & Zoning Commission Jean Zurbrigen, Town Manager Marcia Banach, Town Planner a7 IVA, f RELEASE TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN Greeting: Know Ye, That the Planning and Zoning Commission of the Town of South Windsor, Louise Evans, Chairperson of the Planning and Zoning Commission; and Marilyn W. Burger, Town Clerk of the Town of South Windsor, (referred to collectively as "Releasor') , for and in consideration of the sum of One dollar ($1. 00) , lawful money of the United State of America and other good and valuable consideration in hand paid by Downeast Associates Limited Partnership, a limited partnership with offices c/o Simon Development Co. , Inc. , Merchants Plaza, Indianapolis, Indiana, 46207, (referred to as "Releaseen) , the receipt whereof is hereby acknowledged, have remised, released and forever discharged, and by these presents do for themselves and all respective successors, assigns and legal representatives, remise, release and forever discharge the said Releasee and its employees, agents, partners, limited partners, and all respective assigns, legal representatives, heirs, executors and administrators, of and from all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands whatsoever in law or in equity, which against the Releasee, the Releasor ever had, now has or which the Releasor and its respective successors, assigns, and legal representatives, hereafter can, shall or may have for, upon, or by reasons of or in any manner related to the pending lawsuit captioned Downeast Associates Limited Partnership v. Planning and Zoning Commission of the Town of South Windsor, , et al. , Docket No. CV-89-0364558, Superior Court, J.D. of Hartford/New Britain at Hartford, , except for any bond, exception, condition, or agreement set out in the Judgment, Stipulation, and Exhibits entered in that matter, and except for any customary rules or requirements set out in the Connecticut Statutes or the Town of South Windsor Zoning Regulations, from the beginning of the world to the day of these presents. RELEASE CORY, TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN GREETING: KNOW YE, THAT DOWNEAST ASSOCIATES LIMITED PARTNERSHIP, a limited partnership with offices c/o Simon Development Company, Inc. , Merchants Plaza, Indianapolis, Indiana 46207, on behalf of itself and all employees, agents, partners, limited partners and all of each of their respective successors, assigns, legal representatives, heirs, executors and administrators (hereinafter collectively referred to as the "Releasor") , for and in consideration of One Dollar ($1.00) lawful money of the United States of America and other good and valuable consideration the receipt whereof is hereby acknowledged, to it paid and given by the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR, LOUISE EVANS, CHAIRMAN OF THE PLANNING & ZONING COMMISSION, AND MARILYN W. BURGER, TOWN CLERK OF THE TOWN OF SOUTH WINDSOR, and their officers, directors, stockholders, employees, agents and all of each of their respective successors, assigns, legal representatives, heirs, executors and administrators (hereinafter collectively referred to as the "Releasee") , has remised, released and forever discharged, and by these presents does remise, release and forever discharge Releasee of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands, in law or in equity, involving, arising out of, consequential to, concerning and/or related in any manner whatsoever to the pending lawsuit entitled Downeast Associates Limited Partnership vs. Planning and Zoning Commission of the Town of South Windsor et al. , Docket No. CV-89- 0364558, Superior Court, Judicial District of Hartford/New Britain at Hartford which against the Releasee the Releasor ever had, now has and/or which the Releasor hereafter can, shall and/or may have, from the beginning of the world to the day of these presents. Signed this ZZ,d day of January, 1992 . Signed and delivered in DOWNEAST ASSOCIATES the presence of: LIMITED PARTNERSHIP BY: SI-TRS Limited Partnership, General Partner k BY: -TRS, INC. , an Indiana rporation, General Partner BY: Its; He ert Simon, President Duly Authorized: 1- STATE OF INDIANA at COUNTY OF On this the a p day of January, 199 efor me, the undersigned officer, personally appeared who acknowledged himself/herself to be the o s -a corporation, ancr thate s e, as such eing authorized so to do, executed the foregoing ins en or the purposes therein contained as his/her free act and deed and the free act and deed of the corp o tior, by igning the name of the corporation by himself/herself as 1 In Witness Whereof I hereunto set my nd. Notary-Public/My Commissi Expires: Commissioner of the Superior Court Public 1or vi Y 2', '_992 2- NO. CV-91-0392953 SUPERIOR COURT DOWNEAST ASSOCIATES JUDICIAL DISTRICT OF HARTFORD/ LIMITED PARTNERSHIP NEW BRITAIN AT HARTFORD V. THE PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR, FEBRUARY 18, 1992 ET AL. JOINT MOTION TO CORRECT JUDGMENT JUDGMENT upon Stipulation was entered on December 12, 1991 in accordance with a Stipulation agreed to and executed by the parties. The Stipulation (pages 4 and 5) recited agreement of the parties to development plans dated November 18, 1991 and described as: Phase one Development Plan, Phase One Site Section Studies, Development Plan Site Section Studies, and Planting and Berm Details. These plans were further identified as Exhibit B, C, D, and E annexed to the Stipulation. It has since been discovered that earlier-dated versions of those particular drawings were inadvertently attached to the Stipulation submitted to the court. The parties hereby jointly request that the court approve the substitution of the attached Exhibits B, C, D, and E, which are the correct plans dated November 18, 1991 (as set forth in the ORAL ARGUMENT REQUESTED TESTIMONY NOT REQUIRED 3- ORDER The foregoing Motion having been duly presented to this Court, it is hereby ORDERED, that the same be and hereby is granted/denied. THE COURT, Ju ge C er CERTIFICATION THIS IS TO CERTIFY that a copy of the foregoing has been mailed, postage prepaid, this day February, 1992 , to all pro se parties and counsel of record. ByESQ. Updike, Kelly & Spellacy, P.C. DOCKET NO. CV-89-0364558 DOWNEAST ASSOCIATES SUPERIOR COURT LIMITED PARTNERSHIP JUDICIAL DISTRICT OF HARTFORD/NEW BRITAIN VS. AT HARTFORD PLANNING AND ZONING COMMISSION DECEMBER , 1991 OF THE TOWN OF SOUTH WINDSOR, ET AL STIPULATION WHEREAS, the plaintiff in the above-captioned action, Downeast Associates Limited Partnership ("Downeast") , is engaged in the development of the Plaza at Buckland Hills on land owned by the plaintiff (the "Property") located partially in the Town of South Windsor (the "Town") and on land owned by the plaintiff located partially in the Town of Manchester; and WHEREAS, only that portion of the commercial development located within the jurisdiction of the town (the "Project") and only so much of the development within the Town of Manchester that is described as Future Restaurant Development according to the Plan of Development, 18 November 1991, attached as Exhibit A, are the subjects of this agreement; and WHEREAS, the defendant in the above-captioned action, Town of South Windsor (the "Town") Planning and Zoning Commission, et al 1- all defendants are collectively referred to herein as the Commission") , is the duly constituted Planning and zoning Commission responsible for land use planning and zoning for the Town; and WHEREAS, on February 5, 1985, the Commission approved a Resolution and Application for change of zone from Rural Residential to Designed Commercial and a General Plan of Development in connection with the proposed construction of a regional shopping mall on the site, which approval is not the subject of this appeal; and WHEREAS, the February 5, 1985 Resolution stated that, upon filing of the zone change map, the "Land Use Plan Map" , and the Grading, Drainage and Utility Site Plan", dated September 11, 1984, and prepared by F.A. Hesketh and Associates, the zone change would be effective; and WHEREAS, these required plans were filed on May 1, 1985; and WHEREAS, the zoning map of the Town was thereupon changed to designate a Designed Commercial zone covering the site of Downeast's Project; and 2- WHEREAS, this approval was upheld on appeal in the case of Pleasant Valley Neighborhood Association v. Planning and Zoninq Commission of the Town of South Windsor, 15 Conn. App. 110 1988) ; and WHEREAS, during the pendency of said appeal, another regional mall was approved by the Town of Manchester for a site across Buckland Street from the site of the subject Project and construction was begun on said mall during the fall of 1988; and WHEREAS, Downeast consequently modified its General Plan of Development for the site of its Project by reducing the amount of retail space by increasing the amount of office space; and WHEREAS, on February 14, 1989, Downeast, through its counsel, submitted to the Commission an Application for Approval of a General Plan of Development in connection with the proposed construction of the modified Project; and WHEREAS, on June 27, 1989, the Commission denied Downeast's Application, asserting as its basis for this denial that Downeast must also submit a new Application for a Designed Commercial zone designation along with its Application for the General Plan of Development; and 3- WHEREAS, on July 12, 1989, Downeast brought this appeal claiming that the subject property is presently zoned as Designed Commercial and that no change of zone is required in connection with the plaintiff's Application for Approval of a General Plan of Development, and requesting an order that the plaintiff's Application for Approval of said General Plan of Development be approved; and WHEREAS, both parties now agree that this matter should be resolved in a manner that permits Downeast to continue development of its Project while at the same time safeguarding the interests of the Town; and WHEREAS, the Commission has reviewed the following modified plans which have been submitted by Downeast: Development Plan 18 November 1991, Melvin Simon & Associates, Inc. , Indianapolis, Indiana, The Plaza at Buckland Hills, Manchester/South Windsor Connecticut, South Windsor Special, Landscape Architecture by Johnson and Richter, Avon, Connecticut, a copy of which is attached hereto as Exhibit A the "Development Plan") ; Phase One Development Plan 18 November 1991, Melvin Simon & Associates, Inc. , Indianapolis, Indiana, The Plaza at 4- Buckland Hills, Manchester/South Windsor Connecticut, South Windsor Special, Landscape Architecture by Johnson and Richter, Avon, Connecticut, a copy of which is attached hereto as Exhibit B (the "Phase One Plan") ; Phase One Site Section Studies, The Plaza at Buckland Hills 18 November 1991, Johnson and Richter, Landscape Architecture, Avon, Connecticut, a copy of which is attached hereto as Exhibit C; Development Plan Site Section Studies, The Plaza at Buckland Hills, 18 November 1991, Johnson and Richter, Landscape Architecture, Avon, Connecticut, a copy of which is attached hereto as Exhibit D; Planting and Berm Details, The Plaza at Buckland Hills, 18 November 1991, Johnson and Richter, Landscape Architecture, Avon, Connecticut, a copy of which is attached hereto as Exhibit E; and collectively referred to herein as the "Modified Project Plans") ; and WHEREAS, the Commission, after careful review and following public hearings at which it received public comment, has 5- determined that the Project as proposed on the Modified Project Plans safeguards the interests of the Town; and WHEREAS, the Modified Project Plans, as controlled or modified by the terms of this Stipulation, conform in every aspect to the Zoning Regulations of the Town of South Windsor as of the date of this Stipulation (the "Zoning Regulations") except as shown in Exhibit A through E and as set forth herein; and WHEREAS, the Commission has approved the Modified Project Plans including as contained therein; the uses for the Property, the maximum square feet of leasable area, the general location of buildings and parking areas, in the following four development phases (the "Phases") : a. the Retail Center (South Windsor) (the "Retail Center South Windsor) ") ; b. the Independent Retail/Restaurant Area (South Windsor) the "Retail/Restaurant (South Windsor) ") ; c. the Village Green Office Park Complex (the "Village Green") ; and d. the Flex-Tech Development (the "Flex-Tech") ; and 6- WHEREAS, for final approval of the Project by the Commission, Downeast must submit to the Commission an application for site development plan ("Site Development Plan") pursuant to Section 8. 1 of the Zoning Regulations, which application will require engineering details which are not available at this time. NOW, THEREFORE, subject to the approval of this Court having jurisdiction over said actions, the parties hereto, for themselves and their successors and assigns, stipulate and agree that: 1. The Property is currently zoned as Designed Commercial. 2. The Commission approves the Modified Project Plans as a General Plan of Development, subject to the terms of this Stipulation, pursuant to Section 5.4 . 3 of the Zoning Regulations, including the uses for the subject property and all accessory uses related thereto. a) As to the Retail Center (South Windsor) , as shown on the Phase One Plan, the Commission agrees that the maximum square feet of leasable area as shown in the Site Standards (attached hereto as Exhibit F, the "Site Standards") can be located 7- anywhere within the Permissible Building Area as shown on the Development Plan. b) As to the Retail/Restaurant (South Windsor) and the Village Green, the maximum square feet of leasable area shall be, as shown in the Site Standards, but the number and location of the buildings, as shown on the Modified Project Plans, may vary. c) As to the Flex-Tech Area, the maximum square feet of leasable area shall be as shown in the Site Standards, and the location of the building, associated parking and access drives shall be substantially as shown on the Modified Project Plans. d) Downeast shall file one copy of the Modified Project Plans with the Town Clerk. e) Downeast agrees that, if the use of the Retail/ Restaurant (Manchester) portion of the site is materially altered during the approval process in the Town of Manchester, Downeast shall develop a proposal, subject to the approval of the Commission, for appropriate screening of the Retail Center (South Windsor) from the Retail/Restaurant (Manchester) development, which screening shall be located in the Retail/Restaurant (South Windsor) area. 8- 3 . Downeast may submit to the Commission for approval one or more applications for approval of Site Development Plans pursuant to Section VIII of the Zoning Regulations for all areas of the Project. 4. The Commission acknowledges that Downeast intends to develop the Project in the Phases and that the timing and sequence of the Phases is uncertain at this time. Therefore, Downeast may submit Site Development Plans to the Commission for one or more Phases of the Project, as Downeast may elect in its sole and absolute discretion. The approvals granted herein for the various Phases shall terminate if Downeast has not taken the following actions within the following time periods: a. Retail Center (South Windsor) : application for approval of the Site Development Plan within two years after the date of the approval of this Stipulation by the Court; commencement of construction within three years after approval of the Site Development Plan by the Commission; and completion of construction within five years after commencement of construction; b. Retail/Restaurant (South Windsor) , Village Green, and Flex-Tech Area: application for approval of the Site Development Plan within ten years after the date of the approval of this 9- stipulation by the Court; commencement of construction within three years after approval of the Site Development Plan by the Commission; and completion of construction within five years after commencement of construction. 5. If submitted to the Commission within the time periods hereinabove stated, the Commission will approve any Site Development Plan submitted by Downeast pursuant to Section 5.4 .7 and Section VIII of the Zoning Regulations, provided that (i) the Phase depicted on the particular Site Development Plan conforms substantially to such area of the Project as shown on the Modified Project Plans and, to the extent there are modifications from the Modified Project Plans or additional details not shown on the Modified Project Plans, the improvements so depicted are in compliance with (x) the terms hereof, (y) the Site Standards, and (z) the Town's Zoning Regulations to the extent not varied by this Stipulation, and (ii) evidence is available that all necessary utilities are available to service the improvements contained in the Site Development Plan. 6. The Commission will not require that a public hearing be held on any Site Development Plan, having concluded in accordance with Section 8. 1.8 .4 of the Zoning Regulations, that the specific circumstances of such applications do not require such action. 10- 7. Having approved the Modified Project Plans, the Commission will not require that Downeast submit Preliminary Plans for review pursuant to Section 8.1. 1 of the Zoning Regulations. 8. Except as herein expressly provided, the parties agree that all procedural requirements of Section VIII of the Zoning Regulations shall apply to the Site Development Plan approval process. 9 . Downeast acknowledges that, as part of the Site Development Plan approval process, it must make application to the Architectural and Design Review Committee of the Commission. 10. All actions by the Commission required herein shall be taken within the statutory period for such actions. 11. The Commission has determined that each of the uses and design for each of the Phases of the Project is appropriate for this Designed Commercial zoning district and in the best interests of the Town of South Windsor. Upon construction of each Phase of the Project in accordance with the approvals obtained from the Commission, each Phase shall be deemed to be a valid approved use, eligible for building permits, certificates of occupancy and similar approvals available to properties in conformity with zoning regulations. The Commission, its agents 11- and employees, agrees to take no action against Downeast with regard thereto and in all future applications made with regard to the Property, to treat the Property as conforming and in full compliance with the Zoning Regulations. In particular, the Commission agrees that if any portion of the Project were to be destroyed by fire or other causes, such portion of the Project could be rebuilt subject to the requirements and provisions contained herein, in the Site Standards and in the Zoning Regulations (to the extent not modified hereby) . 12 . The Agreement between Downeast and the Town of South Windsor, dated July of 1988, and terminating the prior agreement of December, 1984 (the "Traffic Agreement") , governing the implementation of traffic control plans, is hereby acknowledged by the parties. The Traffic Agreement, by its own terms, is inoperative until such time as the Commission gives Downeast final approval of the Project as proposed in Downeast's February 14, 1989 application. The Town and Downeast agree that traffic conditions in the area of the Project have materially changed since the execution of the Traffic Agreement and that anticipated levels of increased traffic have not been reached. Downeast hereby agrees that, due to modifications to the Project since receipt of its State Traffic Certificate, Downeast is required to apply for a modification to such Certificate. Downeast hereby agrees to diligently pursue such modification and to negotiate 12- with the Town and the State Traffic Commission to identify mutually acceptable off-site road improvements which will be undertaken by Downeast. 13 . The parties acknowledge and agree that Downeast will need to obtain various approvals and permits from various other state and municipal agencies. Downeast agrees to diligently pursue obtaining such approvals and permits for the Project; provided, however, that Downeast is not liable to the Commission in any manner whatsoever, if it is unable to obtain such approvals and permits. 14 . (a) The parties acknowledge and agree that Downeast may determine that it will not develop any portion of the Property either in the Town of Manchester or in the Town of South Windsor. b) Alternatively, Downeast may determine that it will develop only the portion of its property located in the Town of Manchester and that it will not develop any portion of its Property located in the Town of South Windsor, except as may be associated with its construction of its approved project located entirely in the Town of Manchester (the "Manchester Project") , and pursuant to a grading permit granted to Downeast by the Inland Wetlands Agency/Conservation Commission (the "Wetlands Agency") on July 15, 1991. Downeast agrees that if it determines 13- that it will not develop any portion of its property located in the Town of South Windsor, but that it will construct the Manchester Project, it will apply to the Wetlands Agency for approval to construct a berm as shown on the Modified Project Plans between the Property and the homeowners located on Smith Street, beginning with the easterly corner of the site and progressing westerly along the boundary. If Downeast obtains such approval, Downeast shall construct such berm prior to the pouring of footings on any portion of the Manchester Project; provided, however, that it shall be obligated to build such berm only to the extent materials necessary for its construction are available from the portion of the site disturbed in connection with construction of the Manchester Project. 15. (a) If Downeast constructs only the Manchester Project, its sole obligation to the Commission shall be its obligations regarding the berm described in Paragraph 14 (b) above. b) If Downeast undertakes to construct any portion of the Project as described in the Development Plans, Downeast agrees that the failure of Downeast to perform its obligations under this Stipulation may materially damage the Town. If the enforcement of this Stipulation becomes necessary, Downeast shall be liable to the Town for all reasonable costs and expenses, 14- including reasonable attorney's fees actually incurred by the Town in enforcing this Stipulation. c) The Town agrees that the failure of the Town to perform its obligations under this Stipulation may materially damage Downeast. If the enforcement of this Stipulation becomes necessary, the Town shall be liable to Downeast for all reasonable costs and expenses, including reasonable attorney's fees actually incurred by Downeast in enforcing this Stipulation. 16. The parties agree that all rights of Downeast hereunder may be assigned by Downeast to any subsequent owner of the Property. 17 . This Stipulated Agreement is expressly incorporated by reference into the judgment in the above-captioned action, may not be altered or amended by either party thereto except by the Court and is not valid until approved by the Court. 18 . This Stipulated Agreement represents no legal precedent, except as to the subject Property, and is not binding upon either the Town, the Commission, or Downeast, as to any other property not the subject of this Agreement. 15- Dated at South Windsor, Connecticut, this ///A( day of December, 1991. WITNESS: DEFENDANTS, TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION, LOUISE EVANS, CHAIRMAN OF THE PLANNING & ZONING COMMISSION, AND MARILYN W. BURGER, TOWN CLERK OF THE TOWN OF SOUTH WINDSOR By BRIAN R. SMITIr, ESQUIRE Robinson & Cole One Commercial Plaza Hartford, CT 06103-3597 PLAINTIFF, DOWNEAST ASSOCIATES LIMITED PARTNERSHIP By: KAREN P. BLADO, ESQUIRE Updike, Kelly & Spellacy, P. C. P.O. Box 231277 One State Street Hartford, CT 06123-1277 16- EXHIBITS A THROUGH E attached] EXHIBIT F SITE STANDARDS Note: All defined terms in the Stipulation to which this Exhibit is attached have the same meanings when used hereinbelow as provided in the Stipulation. A. PERMITTED USES (pursuant to §5.4.2.1 of the Zoning Regulations) 1. Commercial, Professional or Financial Offices 2. Retail Sales which may include showrooms 3 . Business/Personal Services 4 . Parking and Accessory Uses 5. Day Care Center 6. Restaurant 7. Theater 8. Retail laundry and dry cleaning establishments 9. Printing, publishing and graphic arts processes, sign shop painting (excluding major industrial operations) 10. Processing, packaging, assembly or storage of components or goods (in Flex-Tech only) 11. Plumbing, heating, electrical, mechanical, industrial and general contracting establishments which may include showrooms (in Flex-Tech only) 12. Veterinary hospital 13 . Research laboratory 14 . Health club 15. Residential 16. Automobile service and repairs (Flex-Tech) 17. Indoor athletic facilities 18. Meeting hall B. SPECIAL EXCEPTION USES (pursuant to §5.4.2. 2 of the Zoning Regulations) 1. Brew pub C. GENERAL REQUIREMENTS 1. Landscaping and Parking Lot Requirements a. Parking Lot Landscaping Any modifications to the parking lot configuration and the landscaping therein, as shown on the Development Plan, will not reduce the overall percentage of landscaping within the parking lots. Landscaped islands will be evenly distributed throughout the parking lot. Trees and shrubs will be evenly distributed within these islands. Trees will be located to maintain views to tenant identification/ signage. 2- b. Planting Beds Planting beds will be at least 25 square feet, excluding curbing, distributed as evenly as possible and protected by curbing. C. Drainage On-site detention of storm drainage will provide that discharge velocities off-site will not exceed pre- development discharge velocities up to and including a 100-year storm. Some of the possible locations for such detention have been shown on the Modified Project Plans. d. Landscape Plan Landscaping will be provided in the areas as identified and as described in the Development Plan. The Landscape Plan to be submitted with the application for Site Development Plan for each Phase will be prepared by a licensed Connecticut landscape architect. It will be drawn to scale and will include a more precise description of the plantings intended for the areas identified on the Development Plan: 1. Common name of Plant 2. Height of Plant 3 . Caliper 4 . Eventual Spread 5. Spacing (when appropriate) e. Trees and Shrubs Trees and shrubs will be provided in the areas as identified on the Development Plan. Mulched planting beds will be provided. Existing trees will be preserved when possible and in conformance with the Development Plan. During the construction of the Retail Center (South Windsor) and presuming such construction is undertaken during the initial Phase of construction of the Project, the trees and shrubs along Smith Street in the westerly portion of the Property will be left undisturbed to the extent the trees do not interfere with essential construction needs including, but not limited to, access roads and construction of detention basins. f. Buffer Areas Buffer areas will be developed in the areas as shown on the Modified Project Plans. Said buffer areas will be an average of 50 feet in width. Where applicable, berms with appropriate side slopes may be used. 3- Screeninv will be accomplished through the use of landscaping and architectural elements. Landscaping will be suitable evergreen and deciduous plant materials, located in a random, natural pattern. The full buffer width will be planted with seed mixes of wildflowers, woody plants, and naturalizing grasses and allowed to grow freely to achieve an undisturbed, natural appearance. Architectural elements may include walls, fences, etc. Landscaping to the north of Anchors 1 through 5 inclusive and to the north of the proposed Flex-Tech building shall be constructed in such a manner that the lower 15 feet of Anchors 1 through 5 inclusive (or the north side of the Flex-Tech building when constructed) will not be visible from the first floor windows of residential properties along the south side of Smith Street, but only to the extent required by 10. 4 (a) (1) and (2) of the Zoning Regulations. The rear facade of the theater shall be constructed in a manner that is compatible with the front and sides of the theater. The rear facade of Anchor 6 will be screened as shown on the Development Plan and constructed of painted or integral color concrete block interspersed as to 15% or more of the surface area with architectural block or other materials as the parties may agree. Commercial delivery vehicles shall not be permitted to leave their engines idling for any period longer than 10 minutes. Landscaping along both sides of the access road into the Town of Manchester and through the Retail/Restaurant (Manchester) area shall be maintained substantially in conformance with the Development Plan. 2 . Open Space Land, Developed Not less than 10% of the Property will be devoted to open space uses, suitably landscaped and maintained. This requirement is in addition to the parking area landscaping. All open space in setback areas, buffer/berm areas, detention pond areas, etc. will be included in the 10% calculation. 3 . Setback There will be a minimum average 50 foot setback with a minimum setback of 30 feet for all buildings and parking areas from the perimeter property line. 4- 4 . Building Height The maximum building height shall be as provided in 5.4 .4 (d) of the Zoning Regulations. 5. Roadways All work on the roadways within the Town's right-of-way will be constructed in accordance with the applicable Town regulations. 6. Off-Street Parking Parking spaces will be 9 feet by 18 feet (unless located along an island or similar landscaped area permitting an overhang, in which case the length of the space may be reduced to 16 feet) . Parking spaces will be provided in accordance with the following minimum schedule: Village Green: 2 per 1000 sq. ft. of leaseable floor area Retail Center: 4 per 1000 sq. ft. of leaseable South Windsor) floor area Flex-Tech: 1 per 1000 sq. ft. of leaseable floor area Retail/Restaurant 4 per 1000 sq. ft of leaseable South Windsor) floor area Shared parking may be employed to augment parking needs between adjacent uses with differing peak hours of operation. 7 . Loading Docks Loading docks will be screened from the adjacent off-site uses. 8 . utilities Electric, telephone, gas, and water lines will be placed underground. 9. Sewers• Water Supply; Fire Protection Detailed engineering information for sewers, water supply and fire protection at the site will be provided in connection with the application for Site Development Plan. 5- 10. Bike Path The bike path will be continued along Pleasant Valley Road, from the Manchester Town line to Wheeler Road. 11. Signs Three illuminated pylon signs, not to exceed 40 feet in height, will be located on the Property. One pylon will be located on the corner of Wheeler Road and Pleasant Valley Road, and one pylon will be located at each entrance to the retail area. Each of these signs will be permitted a maximum surface space of 165 square feet per face and a maximum letter height for tenant identification of 24 inches. Three illuminated monument-sized signs, not to exceed 15 feet in height, will be located on the Property. One sign will be located at the corner of Smith Street and Wheeler Road and one each at the entrances to the Village Green and the Flex-Tech area. Each of the three signs will be permitted a maximum surface space of 32 square feet and a maximum letter height of 8 inches. Interior illuminated informational signs will be located at the discretion of the property owner. Building signs will be permitted with a maximum surface area not to exceed 2 square feet per lineal foot of building frontage. 12 . Theater The location of the theater shall conform to the Development Plan. The theater shall be contain no more than 1500 theater seats. The theater shall not schedule any showing to begin after 11: 00 p.m. After a reasonable period of operation of the theater, the parties will observe the traffic and consider additional internal traffic, management as necessary to control excessive late night traffic exiting onto Smith Street. 13 . Alcoholic Beverages The sale of alcoholic beverages for consumption on the Property shall be limited in the following manner: Restaurants in the Project, in which the primary source of revenue is derived from the sale of food shall be permitted a wine, beer and/or liquor license. No bar/tavern/ nightclub/dance hall in which the primary source of revenue is derived from entertainment or from the sale of alcoholic beverages shall be permitted in the Project. 6- 14 . Retail Center (South Windsor) : Specific Site Standards a. Up to 350, 000 square feet leaseable floor area permitted. b. Curbing: 6" in height, concrete and extruded asphalt. C. Lighting: Poles no greater in height than 30 feet, no off-site glare. Upon presentation of a lighting plan, poles in height up to 50 feet may be permitted, in the sole discretion of the Commission. d. Roadway Widths: not less than 30 feet for interior roads, 27 feet for main parking lot drives, and 24 feet for parking lot aisles. e. Pedestrian Ways: Walks adjacent to buildings will be concrete. Walks internal to the parking areas will be constructed with suitable hard paving materials. f. Temporary Fence: Located as shown on the Development Plan. Design as shown on accompanying elevations. 15. Retail/Restaurant (South Windsor) : specific Site Standards a. Up to 15, 000 square feet of leaseable floor area. b. Lighting: Poles no greater in height than 25 feet, no off-site glare. 16. Village Green and Flex-Tech: Specific Site Standards a. Up to 160, 000 square feet of leaseable floor area permitted in the Village Green. b. Up to 135, 000 square feet of leaseable floor area permitted in Flex-Tech Area. C. Lighting: Poles no greater in height than 25 feet, no off-site glare. i a m u v a I ham err NOTE: Each of these facades would be built in one or more of the following materials: architectural block, split face, and textile panels. More srecific details to be provided vAien appropriate. Law ffROBINSON & One Commercial Plaza Hartford, CT 06103-3597 203-275-8200 Fax 203-275-8299 Financial Centre 695 East Main Street P.O. Box 10305 Stamford, CT 06904-2305 203-964-1200 Fax 203-359-8576 January 29, 1992 RECEIVED Marcia A. Banach, Director of Planning JAN 29 19 Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 RE: Downeast Associates, Limited Partnership v. Planning and Zoning Commission of the Town of South Windsor, et al Dear Marcia: Enclosed please find a copy of the Release of the Town from Downeast in the above-captioned matter. I received this yesterday from Barbara Wagner of Updike, Kelly. In return certified mail, I have sent her the original of the Release of Downeast by the Town. As soon as I have received the receipt to acknowledge that she has the Town' s Release, I will mail you the original of theirs. There remains only one outstanding matter in this settlement. The exhibits which were attached to the final stipulation were dated October 22, 1991, while the stipulation itself makes reference to plans dated November 18. Barbara is to be making reductions of the correctly dated plans for inclusion in a motion to modify the judgment to correspond to the exhibits. This must seem like a never-ending ordeal , but I 'm sure that eventually it will all be over! (Hopefully with an addition to the town that can please everyone. ) Don' t hesitate to call if you have any questions. Very truly yours, OLowel ee Peterson RELEASE TO ALL WHOM THESE PRESENTS SHALL COME OR MAY CONCERN GREETING: KNOW YE, THAT DOWNEAST ASSOCIATES LIMITED PARTNERSHIP, a limited partnership with offices c/o Simon Development Company, Inc. , Merchants Plaza, Indianapolis, Indiana 46207, on behalf of itself and all employees, agents, partners, limited partners and all of each of their respective successors, assigns, legal representatives, heirs, executors and administrators (hereinafter collectively referred to as the "Releasor") , for and in consideration of One Dollar ($1. 00) lawful money of the United States of America and other good and valuable consideration the receipt whereof is hereby acknowledged, to it paid and given by the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR, LOUISE EVANS, CHAIRMAN OF THE PLANNING & ZONING COMMISSION, AND MARILYN W. BURGER, TOWN CLERK OF THE TOWN OF SOUTH WINDSOR, and their officers, directors, stockholders, employees, agents and all of each of their respective successors, assigns, legal representatives, heirs, executors and administrators (hereinafter collectively referred to as the "Releasee") , has remised, released and forever discharged, and by these presents does remise, release and forever discharge Releasee of and from any and all manner of action and actions, cause and causes of action, suits, debts, dues, sums of money, accounts, reckoning, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, damages, judgments, extents, executions, claims and demands, in law or in equity, involving, arising out of, consequential to, concerning and/or related in any manner whatsoever to the pending lawsuit entitled Downeast Associates Limited Partnership vs. Planning and zoning Commission of the Town of South Windsor et al. , Docket No. CV-89- 0364558, Superior Court, Judicial District of Hartford/New Britain at Hartford which against the Releasee the Releasor ever had, now has and/or which the Releasor hereafter can, shall and/or may have, from the beginning of the world to the day of these presents. Signed this ZZrdday of January, 1992 . Signed and delivered in DOWNEAST ASSOCIATES the presence of: LIMITED PARTNERSHIP BY: SI-TRS Limited Partnership, General PartnerC,4 1 G BitEation,INC. , an Indiana General. Partner BY. its; Hevoert Simon, President Duly Authorized: 1- STATE OF INDIANA at COUNTY OF On this then p day of January, 199 , befor me, the undersigned officer, personally appeared who acknowledged himself/herself to be the o s - a corporation, &ncT thare s e, as such being authorized so to do, executed the foregoing ins en or the purposes therein contained as his/her free act and deed and the free act and deed of the corpo tion b signing the name of the corporation by himself/herself as o In Witness Whereof I hereunto set my/Ayand. Notar u is MY Commissi Expires: Commissioner of the Superior Court ry Pubic 2- JOHN COLLINS ENGINEERS P.C.MFr.., y14 72Fh 8PADHURj Q E , E • -1 J w' 1 11 d!4! .4'•'S 0 • . }, . .7 3i February 3 , 19 2 Mr. G,enr Simu:i D.,vel •:r+tr'* Cotn an:' Merchants Plaza p.0. Box 7033 Indianapolis, IN 46207 Re: PrapOsed 3h-: i Y';,,,_1th ;tin 3or CT Town of Mar chosL2_• Dear Glenn: a .- :rr li: i:a evaluatton of th As rr quFs, above referenced site relative trafficCotliaexFectea gener,.t•:o. :r.: ' ;-3 r : -•: :or. o° a r intersect i ans in the Townus of Manchester/South Winasor, cunne.:ticut as eh;)wn_on Figur No. 1 and indicated below: o Route 3c and plaasant Vall(zy Road o pleasaizt Val, ey Ron! and 1-84 WB Ramp o p lea$ant Vale, 'tow 3 and Driveway No. 3 a SG_ Sullivan Avenue and Ellington Bu,' a. p Road/Route 30 o Nleas3 :'al=.•. .Ud nRd Buckland Street Q South pc;.es3 :L'- .re and Buckland Street p IHOV Ramps :,.d Suckan.:1 Street p I-34 EB Ramps a::Q iuck1 1rd street O Tolland Turnpi --- anI BuAland Street o Driveway No . : a-d Bttckland Street o Dsmin Stree-. Buckl:ird Street pieaSar,`-- Vai:E-i' and Cruft Drive/Drivewav t'o. 4 o P,ea,,a:zt valls; :Qa4 and Wheeler Road a A. piEa•ar:t ;dile;- Road i,nd Tong Hill Road c Pl asan•c 311e., oad and Ciark. Street FF'C,1 1 c Page 2 The 1'%9 t•'D.'1. 25 ` ' lst':1 Jt1iy 15 , 1991) prepaL z-d b; F:--s -.. 'h aarr usal to L-opresent the 1992 External Traffic Volumes. It should be noted, that these traffl. ircli.:a t'is -.b:pr:ved 430, ^00 s. f. Plaza at Buckland h i 1 i . in :a:_ _ cn , : at.o ail;L:sced the3e1 pr:j ections to include urarfic rrc;cu_1:):is from the bucknind Hills DeveloNlr,ent Fortner.sr il: . Thes,3 1992 External Traffic Volumes are shown n Figures No. 2 and 3 for eacr, of the ?e;.k PM and Saturday Hours, respectively. In order to estir'.ate :h,, exoF--cted traffic volumes to be generated ti;y t,-,,r a-:Ii tio:31 developm nt the hourly t:ip gtc:neri or. =rites and anticipated sita generated traffic volumes were devGicFad ::ssed on infoz'n:ation pL bushed by the Instit i. to f Tran• ,pr:'tat.i•:n Engineers (TTE) as contained in their repor+: er,'-.it1ed "Trip Cenerationll 5th Edition, January 1991. Table Nu. 1 ;,,:n.:ar'_es the trip generaticn rates and correspond 1.Tiq s ita generated traffic volumes for each of the peak hours. In order t,:) site generated traffic.- volumes to th roadway network it.as necessary to establish an arrival/daFa:-t,.:: e Based upon a "revs w of the existing traffic volumes on the surrounding roadway network as well as ccnsideririon cf the accepted arrival/departure distributions as part uP the Plaza at Buckland Hills, arrival/departure distirbutions wera established and ar shown on Figures No. 4 and 5 f,r the retail. and Figures No. & and 7 for the ilex-tech/off},.a potions of the development. The sit generated trafft;. volumes for the proposed retail/offic development. were d5signe3.d to the roadway network based on th arrival/departure distri:>utions. These traffic volumes are summarized :n! Figures 'ice. S and 9 for the Peak DM and Saturday Hours, respectively. In addition :,re have e•;al-:ate the percentage of the sit generated traffic at each intersection. For example, at the ntersectic_n of Route 30 and Pleasant Valley P.oad, 2 . 7% of the site traffic wlil be added to this intersection during the P ak PM Hour and 2 . 9% of tL'affic during the Peak Saturday Hour. As shown on Table No. 2 , the intersections of Pleasant Valley Road and the I-34 westbourd ramps, Pleasant Valley Road and Driveway No. 3 , Pleasant Valley Road and J.C. Penner East Driveway areimpactedbymorethan. 10% of our traffic, the remaining intersection will be impacted by less than 10% of our traffic. Sin rely, Jo CO LIN,5-+•". IN ERS P.C. C, ffr J n T. Collins, Pt1. . , P.E. d. 575 .glen Ati NCJ. 1 iL ( Tril : Gc.c: AATtQN RATES N ANTIC!PA.TED TRAFFIC VOLUMES THE PLAZA Al GUCKLANO HILLS ENTRY EXIT' RETAIL WTrPEL: Vcl IME HTGR• V LU +!E APPROVED + FXPAN$!QN) 650,000 S.F.) PEAK PM H+GHNti4AY HOLIA J7 1035 1.67 1.085 PEAK SATU'RL)A,Y HCI i=+ 2 25 1462 2 25 1462 PpERQVED 430,000 S.F.) PEAK Pfr1 HiG>7WAY HOUR 701 791 PEAK SATURE)AY H UH y 1161 1114 EXPANSION 220,000 S.F.) PEAK PM HIGH',",:.Y nGk:R 384 294 PEAK SATURDAY hOUR 30, 348 OFFICE PARK ,!-LEX-TLQ-'-H) 136,000 S.P.) PEAK PM HIGHWAY HOUR Q 23 31 1.28 173 PEAK SATURDAY HOUR V.Iv 14 0.04 5 TOTAL "NeW PEAK PM HIGHWAY HOUR 415 467 PEAK SATURUA,Y HOUR 3315 353 NOTES: HT5R' - H'.;+^:LY TH!P 10t. PAT=j SAJED ON DATA PUI3LISF{cD BY THE INSTITIJTE OF- 1 HA,N$PORTATION ENG!NEE-RS (ITE) AS ONTA!NED IN THE T!,IP GGINERATION HANDBOOK, 51H ECITION, JA'NUARY 1991. FF'JP 1 SITESITEr,7,iv7--RATED LOCATION cM -~ - 47 C.9 ROUTE `•.i & PLEASANT VALLEY RUFF=9.7 PLEASANT VAL.LE I—84 WB RAMP PLEASANT VALLE; DRIVEWAY NO. 3 BUCKLAND ST/SUL! ELLINGTQN kD/FcOU tE •"-' PLEASANT VALLE.y BUCKLAND STREET 2C; 5,r.89_ 234 3.4 SOUTH ACCESS L'+I VE BUCKLAND STFEE.i t.7 578q 235 4. ] I-84 HOV RAMPS g BUCKLAND STREET q .g 5`-79k 22.9 S•' I—84 ER RAMPS f BUCKLAND STREET 100 1 • TOLLAND TURNP I t b' +`` 9L4 BUCKLAND STREET DRIVEWAY NO. ] k BUCKLAND STRELi DEMING STREET & BUCKLAND STREET 2464 51 14. PLEASANT VALLE'`' J.C. PENNY (EAST ) 7 .9 ly'T l 1 U0 PLEASANT VALL_L'Y FOA:. CROFT DRIVE/DRlVEv;A'- i'U. 4 7 PLEASANT wALLE WHEELER ROAD 74 b PLEASANT VALLE'T LONG HILL ROAD PLEASANT VALLE:' CLARK. STREET ULUVAN AVE:.(R7E, i94} r R Uiti. I,p Qj I 14, C BURNHAM SATE HILLS HALE R9ls'U' L CKI ANC+ J v J.C. PENNEY Q CO. TOLLA14O TAKE. O ba S•l. z NOTE: UHE p1R(R1M NOT TO SCA-E SITE LOCATION ROPOSED SHOPPING CENTER EXPANSION ia, umtincrw CT 2 A C , INSERT A P• f`P'; 96 I 4 BURNHAM S-,SITE 2- HKIS MALL C, FENKY4 ART Ci A. TPKEIOLL440 4 Zs4kk 4 srT Al 2' A 4-2" 732 A 1 3astoss g NOW- LINE DlArR^m mol TO SCALE 1992 EXTERNAL TRAMC VOLUMES ROPOSED SHOPPING CENTER EXPANSION PEAK PM HIGHWAY HOUR AAHCHESTER / SOU7H "NDSOR, CT. t nhTV nrr icw M NO2 AL N 2f, lb Ll nee(Rig- R\'T --__ OAD Z,p lay Sl TIE AmAs WALL' C. PENW.y 3 ter ' p V / SEE semi 4124 is 41 NOW- UKE DIAGRAM NOT TO SCALE4 3Nay1992 EXTERNAL TAFFIC VOLUMES PEAK R SATURDAY HOUR DROPOSED S"PWG CENTER 'EXPANSION 4ANCHESTER / SOUTH VANDSOR. CT. f)AIF DEC 1991 n- NO-3 SULU AtiE.(jRfi. i94) 4 T LUN'ON i Li rRom-• ' \ i/ I `' l'O Cc'i STWEVv30%1B1IRNHAMST i", `C R ix wuT at ex SOR 0 OUCKLAND A21% Hp1S MALL — I L C. PENNEY Zsz kS: q CO- Y 0 49 iaz 8 ZOLLAf'i0 TAKE. J o! ' y J N M,gIN 25%NOTE UNE 01AGRAU NOT TO SCALE ARRIVAL DISTRIBUTION GED SHOPPING CENTER EXPANSION RETAIL) sTER / SOU7H 1MNDSOR. CT. T SUWVA' AVE-(iRTE. 194)/_ VL NJ SiN 0 Ell iN#:70N 'pA D 2 11 f BURNNAM ST. v c> T ` z r 10R f SUCKL MD f rim HILLS MALL v 20X f 2 J.C. PIENNEY CO.I i5X J r 4% 0 TOLI-AND TAKE.o f N. AL, 444 25%/ Z 7% NOTE UNf DIAGRAM NOT TO SCALE OEPAKTURE DISTRIBUTION PROPOSED SHOPPING CENTER MANSION RETAIL) tIurc,rc / 4ZfNiTI4 WNDSOR CT. i - SULUVAN AVE-(F TF. 194) A CAD 57. i 1% cop SITE a V) CV /{ BURu"Am C7 1 L- aW \ 7t.3. 8 2%tlux 1 '_-- -- - T , r, snc BUCK AND d p f f- A2% BILLS WALL O C fO' L_2X v J.G PENNEY S: Q Z' CO. O v 4% T4LLAND TPKE• a j 1 N Z MAIN ST 2 j 5% NpTE; LINE OWCRAM NOT TO SCALE ARRIVAL DISTRIBU710N PROPOSED SHOPPING CENTER EXPANSION FLEX - TECH/OMCE) ue»ruccTTR / SrAJlM VROSOR. CT. I - SULUVAN AVE-(RC. 194) V. S 2"0"GTONROAD 1% y S, 13X oEla` sT. 27- Q ex 0 c 20R BURNHAM S7.` / alai or °R xHue tsUCIdAYD Z Jc>. Q HILLS MAIL 1 f W Q 4•/ • S 20% 2% 1/ J.C. CO.I 35% r V / 2x j Q 2/J O _ l p r— ALA to r SAKE• 4 TOL AND x O z' J 44% 5% NOTE: LINE DIAGRAM NOT TO SCM-: DEPARTURE DISTRIBUS10N PROPOSED SHOPPING CENTER EXPANSION FLEX—TECH/OMCE) LALUMWcZWR / SOUTH %INDSOR. CT. nc-n ,va, Rc 40- 7 r E cai-4jpl JSZIUNRAAlE(R 794) V i W 0 Y Rl--- p ROAD OF INSERT •A- BURNiIAY S7 SITE^_ '1' P((v Q Maus VALL o a r-a+ac POaEY s uwe. s r J TOLLMD TPI- nov IkAMPHam^ u Lq to 4 ui r NOTE. UNE OIAGP.AM NOT TO SCALE PROPOSED SHOPPING CENTER EXPANSION SITE GENERATED TRAFFIC VOLUMES MA14CHESTER / SOU7H WiNDSOR, CT.PEAK PM HIGHWAY HOUR JOHN COWNS ENCWEERS, P C. f i VL p o D l tSULUyMA (RIE 79s) RW E ?v in Al INSERT -A*h b`1RNHM ST.3 SITE a vim/ S i COL p MSoaQT sf j TOIl+tdU TPKL wv 1 fIiA.M LJ 4 LIL rJ' ,ti of it_',, s NOTE UNE UTACRAM NOT TO SCALE PROPOSED SHOPPWG CENTER EXPANSION SITE GENERATED TRAFFIC VOLUMESMANCHES7ER / SOUIH waoSOR, CT. PEAK SATURDAY HOUR JOHN COUJNS 04W*nS P.C. Law es ROBINSON & One Commercial Plaza Hartford, CT 06103-3597 203-275-8200 Fax 203-275-8299 Financial Centre 695 East Main Street P.O. Box 10305 Stamford, CT 06904-2305 203-964-1200 Fax 203-359-8576 February 4 , 1992 Marcia A. Banach Director of Planning 1540 Sullivan Avenue South Windsor, Ct 06074 Re: Downeast Associates, Limited Partnership v. Planning and Zoning Commission of the Town of South Windsor, et al Dear Marcia: As promised by my last correspondence, please find the original of Downeast's release to the Town enclosed. I will keep you apprised regarding our receipt of the updated plans. Please call if I can be of any assistance. Very truly yours, Lowell Lee Peterson LLP/alh Enclosure R E C I V E D Eb b 1C92 SO. WINDSOR PLANNING DEPT. Updike, Kelly & Spellacy, P.C. Counselors at Law Thomas W. DeMille One State Street.P O Box 231277 Hartford(203)548-2604 Hartford.Connecticut 06123-1277 Telephone(203)548-2600 Facsimile (203)548-2680 One Century Tower,265 Church St. New Haven.Connecticut 06510-7002 Telephone(203)787.9007 Facsimile (203)772-2037 February 5, 1992 Dwight H. Merriam, Esquire Robinson & Cole One Commercial Plaza Hartford, CT 06103 Re: Plaza At Buckland Hills Dear Dwight: Confirming our telephone conversation, we are in the process of applying for an amendment to the State Traffic Commission Certificate with respect to the subject project. As you know, paragraph 12 of the Stipulation envisions a three party Town, State, Developer) negotiation process with respect to traffic improvements. I believe it makes sense for the Town and Downeast Associates to meet as soon as possible to begin this process. Enclosed is a copy of a letter from John Collins, the project's traffic engineer which details the projected increase in traffic at various intersections. As you can see, the projected impact at most intersections is nominal. Please give me a call so that we can set up ocess to move forward. JSinly,W. DE MILLE TWD:ac Enclosure cc: Mr. Glen Johnson Mr. Thomas Maskey yMr. John Collins G Law es ROBINSON & One Commercial Plaza Hartford, CT 06103-3597 203-275-8200 Fax 203-275-8299 Brian R. Smith Financial Centre Hartford 695 East Main Street 203-275-8224 P.O. Box 10305 Stamford, CT 06904-2305 203-964-1200 Fax 203-359-8576 February 19, 1992 RE C F I V L." FEB 2 C 1992 Karen P. Blado, Esq. SO. WINDSOR PLANNING DEPT. Updike Kelly & Spellacy, P.C. One State Street P. 0. Box 231277 Hartford, CT 06123-1277 Re: Downeast Associates Limited Partnership v Planning & Zoning Commission of the Town of South Windsor Dear Karen: Enclosed is the signed original Joint Motion to Correct Judgment in the above-referenced matter. Please call me when you have scheduled a time for us to appear before Judge Maloney. Very truly yours, f Brian R. Smith Enclosure cc w/enc. : arcia Banach South Windsor Town Planner SENT BY,Xerox Te!ecopier 7020 ; 2-20-92 2:51PM ;ROBINSON & COLE-TOWN OF SOUTH WINDSO;# 2 ROBINSON & COLE One Commercial Plea Hartford, CT 06103.3597 2US-1475-8200 AM 203-275.8299 Dwight H. Merriam Financial CentreIIartford695EastMainStreet208-275-8229 PO. Box 10305 Stamford, CT 00904-2305 20"64-1200 Fos 2M.359.8s76 N Z K 0 RANDprx TO: Marcia Banach, Director of Planning for South windsor Dwight H. Merriam South windsor/Downeast File FROM: Lowell Lee Peterson DATE: February 19, 1992 RE; Meeting this date with Glenn Johnson, Tom DeMille, and Barbara Wagner to discuss traffic plane Paragraph 12 of the Stipulated Judgment between the Town of South Windsor and Downeast Associates requires nowneast to cooperate with the Town in making appropriate changes to the 1988 Traffic Agreement based upon changed conditions and to apply for a modification of its prior OTC Certificate. Downeaet further agreed to cooperate with STC and the Town to identify and implement acceptable" off-site road improvements. The meeting this date was intended as a first step in that direction. In general, the parties agreed to the following matters: 1. There is to be a widening of Smith Street to a width of 30 feet of pavement from the intersection with Clark Street at least far eastward as the first entrance north of the Village Green and perhaps as far as the second, easternmost entrance on Smith Street, if that entrance is constructed, SENT BY:Xerox Telecopier 7020 ; 2-20-92 ; 2:52PM ;ROBINSON & COLE-TOWN OF SOUTH VIINDSO;# 3 2 . There are to b substantial improvemento made along that section of Clark Street from Pleasant valley Road northward to Smith Street due to increased traffic flows attributable to th project. 3 . Improvements may also be necessitated along Clark Street to the south of Pleasant valley as far as Burnham Street to the extent such improvements can be justified by traffic patterns attributable to the project. 4 . Marcia expressed that she was not concerned about road improvements that would affect those areas of the project within the jurisdiction of Manchester. 5 . Areas along Pleasant Valley Road as far west from Clark Stre t as Long Hill Road or Rte 30, along Clark Street as far north from Smith Street as Ellington Road, and as far north along Suckland Street as Darning Street or Sullivan Avenue were generally regard d as too remote from the project to be affected by increased traffic flows. Purther, Marcia noted that improvements along several of these intersections are already part of the Town's general capital plan. 6. The area of Pleasant valley Road westward from Croft Drive to the intersection with Clark Street is of particular concern to the Town as one that is in need of substantial improvement and one that will bear significant impacts from the project. 7. Wheeler Street, running northward from Pleasant Valley to Smith, is a narrow rural road and improvements to that section are of minimal significance to the Town. SENT BY;Xerox Telecooier 7020 ; 2-20-92 ; 2:53PM ROBINSON & COLE-TOWN OF SOUTH WINDSO;# 4 Tt was agreed that over the next f w weeks th Town is to select its own traffic engineer for a study, the results of which vial be the bamis of another meeting in five or six weeks. we agreed Lo srud Marcia the following list of traffic engineers from which to aonsider a selection: F.A. Hesketh and Associates 101 Millbrook Commons Bloomfield CT 06002 242-7755 Wilbur Smith Associates 133 College Street P.O. Box 9412 New Haven CT 06534 865-2191 Griener, Inc. 11 Fairfield Blvd. P.O. Box 767 Wallingford CT 06492 284-1361 Barkan and Mess Associates 1052 Main Street Branford CT 06405 481- 4208 Stoteh Associates 100 Old Forge Road Rocky Hill CT 06067 529-7727 The traffic engineer that Dwight mentioned who worked on the Plainville Mall project is: The Sear-Browne Group 85 Metro Park Rochester NY 14623 716-475-1440 They have no CT branch office) Updike, Kelly & Spellacy, P.C. Counselors at Law Thomas W. DeMille One State Street, P O Box 231277 Hartford(203)548-2604 Hartford,Connecticut 06123-1277 Telephone(203)548-2600 Facsimile (203)548-2680 One Century Tower, 265 Church St. New Haven,Connecticut 06510-7002 Telephone(203)787-9007 Facsimile (203)772-2037 February 27 , 1992 Dwight H. Merriam, Esquire Robinson & Cole One Commercial Plaza Hartford, CT 06103 r T". ,ED Re: Melvin Simon - South Windsor Dear Dwight: Just a nudcre to remind you that our client is anxious to commence detailed discussions on the STC traffic improvements as soon as the Town of South Windsor has an engineer on board. Maskey has this crazy idea of actually building something in South Windsor rather than simply talking about it. Kind of radical thinking. Think of us as Delta Airlines - ready when Xoare. Hope to talk to you soon. Since-rely, Th S W. DE MILLE TWD:ac cc: Mr. Glen Johnson Mr. Thomas Maskey RECEIVED MAR 5 !aq? PbAN ENG DEFT. o o Q p Q 3281 Whitney Avenue n I PLANNING Hamden,Connecticut 06518 AND DESIGNSIGN Telephone: (203)288-4762ENGINEERING Q O Q Telecopier. (203)281-3204 March 13 , 1992 Ms. Marcia Banach E IVED Director of Planning R E C Town of South Windsor 1540 Sullivan Avenue MARl?Z South Windsor, CT 06074 S0. VdIhDSOR FlJ:idf`ING DEPT. RE: PROPOSAL FOR TRAFFIC ENGINEERING SERVICES REVIEW OF PROPOSED PLAZA AT BUCKLAND HILLS TOWN OF SOUTH WINDSOR Dear Ms. Banach: We are pleased to submit our proposal for providing traffic engineering services in conjunction with the review of the proposed commercial development, bounded by Pleasant Valley Road, Buckland Street, Smith Street and Wheeler Road, in the Towns of Manchester and South Windsor, Connecticut. Our efforts will be directed toward providing an independent study of the traffic impact of the proposed development on intersections and roadways in the Town of South Windsor. We understand that an Application for Certificate for the subject project has not yet been submitted to the State Traffic Commission, but that one is expected to be submitted in the near future. We plan to review the submitted material on behalf of the Town of South Windsor, to determine whether the submitted analyses effectively evaluate the impact of this development on roads and intersections in the Town of South Windsor, to recommend additional analyses if such are warranted, to review these additional analyses, and to recommend off-site improvements that may be needed to alleviate the impact of this development on roads and intersections in the Town of South Windsor. Scope of Services The following represents the full-range of traffic engineering services that MAY be required to effectively evaluate the proposed development, with cost and manhour estimates for each. We plan to undertake only the specific tasks required and authorized by the Town of South Windsor, as follows: 1. Preliminary field view to review study area: 4 hours @ $75 per = $300 2. Review developer's traffic study and plan of development: 6 hours @ $75 per = $450 Page 2 of 3 3. Prepare letter summary of items requiring developer's input, clarification, and/or additional analysis: 3 hours @ $75 per = $225 4. Review developer's submittal in response to No. 3 : 6 hours @ $75 per = $450 5. Prepare letter summary relative to No. 4 : 2 hours @ $75 per = $150 6. Review developer's response to No. 5: 4 hours @ $75 per = $300 7. Field view to assess study area in conjunction with No. 6: 4 hours @ $75 per = $300 8. Prepare letter summary relative to nos. 6 through 8: 2 hours @ $75 per = $150 9 . Meet with Town staff and developer to discuss findings: 4 hours @ $75 per = $300 10. Prepare final report for submission to Town and State officials: 5 hours @ $75 per = $375 11 . Meet with Town Planning and Zoning Commission to present findings: 5 hours @ $75 per = $375 12. Meet with State Department of Transportation to present findings: 5 hours @ $75 per = $375 TOTAL: 50 HOURS @ $75 PER = $3 ,750 Fees: We will provide all of the traffic engineering services outlined in Items 1 through 12 above for the not to exceed fee of $3 ,750.00. Alternatively, we will provide only the specific tasks selected from above for the respective amount allocated to each task. Should additional services be required beyond those defined above, we will prepare a fee estimate and undertake these additional services only upon receipt of authorization in writing. r Page 3 of 3 Work Schedule: Completion of our work effort will proceed in a timely fashion to satisfy specific objectives of the Town of South Windsor. Payment Schedule: Billings will be made bi-weekly or monthly based on the specific services completed. ALL TERMS OF THIS PROPOSAL AS OUTLINED ABOVE ARE ACCEPTED AND APPROVED: Client'V ig at a Date J AN C ZyPfsFZlca zN Printed Name O SUL.L %VAN R14 NUS= SOUi!-1 IN so 10 Client's Address C) 3-13-U Linda C. Bubaris, Principal Date Bubaris Traffic Associates STATE OF CONNECTICUT p DEPARTMENT OF ENVIRONMENTAL PROTECT March 20 1992 VL MAR 25 1992 wllLlll Terri Nebraska South Windsor Close, Jensen & Miller Planning & Zoning Commission1137SilasDeaneHighway Wethersfield, CT 06109-4201 Re: Plaza at Buckland Hill Detention Facility, Manchester/South Windsor, DS-92-007 This office has reviewed your proposed construction/rapair of a dam in South Windsor on NA The drainage area tributary to the dam is 22 acres The dam is described by plans prepared by Close, Jensen & Miller and entitled Plaza at Buckland Hills dated The following checklist indicates Inland Water Resources Division permit requirements . Should your project or plans be modified in any way, including location and height of the dam or the impoundment capacity of the pond, these permit determinations may change. If it is indicated that a dam construction permit pursuant to Connecticut General Statute 22a-403 is not required, this determination is based solely on our finding pursuant to Section 22a-401 that the structure , by breaking away or otherwise , would not , under existing conditions , endanger life or property downstream of the dam. This determination does not constitute an approval of the above plans or the proposed hydraulic design and spillway configuration for said dam. Further , be advised that should future development downstream of the dam cause the dam to become a potential hazard to life and property, the dam may come under the Department ' s jurisdiction in accordance with the provisions of Section 22a-401 of the General Statutes . Accordingly, it is recommended that all dams be constructed and maintained in accordance with standard engil'leering practices to safely convey the flows associated with the 100 year return frequency storm. State Permit Required Not Required Dam Construction X CGS. Sec. 22a-403 ) Water Diversion X CGS Sec . 22a-368 ) State Inland Wetland X CSS Sec. 22a-39 ) Other Local wet land iconservatJon hermits and approvals may ;)e required. Printed on Recycled Paper) 165 Capitol Avenue•Hartford,CT 06106 An Equal Opportunity Employer 2 - The above permit determinations were based solely on a review of your dam proposal. The Department may have other interests in your facility or development. The necessary forms for any required permit applications as noted above are enclosed. Questions concerning dam safety and construction permits may be directed to the Division' s Dam Safety Program at 566-7245 . Questions on other permit requirements may be directed to the Division' s Wetlands Management Section at 566-7280 . If the State does not require a dam construction permit pursuant to Connecticut General Statutes Section 22a-403 , a municipal inland wetland permit may be required. Additionally, if your proposed work will involve a discharge or placement of dredged or fill material into a wetland or watercourse, a U.S . Army Corps of Engineers permit may be required; contact the Corps at ( 617 ) 647-8332 or write: Regulatory Branch, 424 Trapelo Road, Waltham, Massachusetts 02254 . Finally, please complete the enclosed dam registration form at the completion of construction and return it to the D.E. P. , Inland Water Resources Division. There is no fee required for this registration. qL, Thomas M. Morrissey, Dir for Bureau of Water Management Inland Water Resources Division Enclosure( s ) CC: Planning and Zoning Comm.----' Inland Wetland Agency JCPenney March 24, 1992 Brian Adams, Engr. Mgr. J.C.Penney Cat. Dist. 1339 Tolland Turnpike Manchester, CT 06040 203) 647-4408 Bill Stockard State Traffic Commission 24 Wolcott Hill Road Wethersfield, CT 06109 RE: Modification to Pleasant Valley Road We (JCPenney Catalog)have reviewed the proposed drawings for the Plaza at Buckland Hills Mall as it would affect our egress to Pleasant Valley Road. We have had little or no problem with arrival traffic because it is sufficiently staggered. The period of time that is our greatest concern is 2:30 P.M. to 5: 00 P.M. , especially due to eastbound traffic backing up past our northeast entrance. If the mall were to make this problem more severe, we could end up with a major safety problem as impatient drivers try to break into the traffic flow. Because we do not have experience in traffic control, we have several alternatives for your consideration, but would defer to the judgement of traffic engineers for their practicality.The alternatives are as follows: A. Minor Additions to Existing Plan 1. Add a stoplight at our northeast entrance that would activate from 2:30 P.M. to 5:00 P.M. . 2. Lengthen the right turn lane to the I-84 on-ramp to meet our exit lane. B Major Alternative Close northeast entrance and widen the road at the northwest entrance including a westbound left turn lane and additional right turn lane to the I-84 on-ramp if required. RECEIVED Catalog Distribution Center MAR 2 51992 0J.C. Penney Company, Inc., P.O. Box 8178, Manchester, CT 06040-1463, Telephone(203) 649-2000 Stake Traffic Commission Bill Stockard Modification to Pleasant Valley Road March 24, 1992 Page 2 We feel that the cost for all roadwork should not be the responsibility of JCPenney.If you require any additional information, please contact Lyn Garland or myself. We would be happy to discuss this further. Please notify me if any more changes are requested by the developer and/or any more discussion will take place on the changes to Pleasant Valley Road adjacent to JCPenney. Regards, a"Ll Brian Adams BA/jw cc: T. VandenBush L. Garland S. Popper-Town of Manch(Planning) file STATE OF CONNECTICUT MEMBERS C Commissioner of TransportationTRAFFICCOMMISSIONCommissionerofPublicSafety Department of Trarrsportatiorr Commissioner of Motor Vehicles r99Ff14</SJS\24 Wolcott Hill Road • P.O. Drawer A Wethersfield. Connecticut 06109-0801 Phone: 566-5228 March 30, 1992 Mr. Brian Adams Engineering Manager J.C. Penney Catalog Distribution Center 1339 Tolland Turnpike Manchester, CT 06040 Dear Mr. Adams: Subject: Plaza at Buckland Hills Towns of Manchester/South Windsor In regard to your March 24, 1992, letter, there currently is no application on file for an expansion or a revision to the certificate issued for the Plaza at Buckland Hills. As requested, we will advise you upon receipt of any requests for modifications and your alternatives will be included in the review at that time. Very truly 0, rs, liam W. Stoeckert Executive Director cc: Officer Gary Wood Chief Gary K. Tyler Mr. Leo P. Belval / Mr. John Collins Thomas W. DeMille, Esq. An Equal Opportunity Employer Printed on rervrled nr re1ovrred paper s 4o~M seq( C 70wn V/ sV uN ` {dv 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 s 0 AREA CODE 203/644-2511 April 8, 1992 Town Manager Jean E. Zurbrigen Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut Dear Ms. Zurbrigen: At its Regular Meeting of April 6, 1992, the South Windsor Town Council approved the following Resolution: WHEREAS, the Planning and Zoning Commission has entered into a stipulated judgment with Downeast Associates Limited Partnership to resolve litigation and allow construction of a mixed-use development; and WHEREAS, one of the conditions of the settlement was that review of traffic impacts would occur as part of the site plan process rather than as part of the stipulated judgment; and WHEREAS, Downeast Associates has now submitted a traffic impact report which indicates that no local road improvements are necessary to serve this development; and WHEREAS, the services of a traffic engineer are required to review and evaluate the traffic report submitted by Downeast Associates to safeguard the best interests of the Town of South Windsor NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council authorizes Jean E. Zurbrigen, Town Manager, to execute and sign an agreement between Bubaris Traffic Associates and the Town of South Windsor for the aforesaid traffic engineering services. BE IT FURTHER RESOLVED that the South Windsor Town Council authorizes the transfer of Four Thousand Five Hundred Dollars ($4,500) from Contingency Account #9001 to Professional Account #1430-320 for the aforesaid traffic engineering services. Respectfully su fitted, Patricia R. Brown Secretary to the Clerk of the Council cc: Director of Planning Marcia Banach -- SIMON RECEIVED MELVIN SIMON&ASSOCIATES, INC. FE8 22 1993 A WINDSOR PLANNING DEPT. February 18, 1993 Ms. Marcia Banach Director of Planning & Zoning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Plaza @ Buckland Hills Manchester/South Windsor, CT Marcia: As a follow-up to our conversation this week you confirmed that the Town's sanitary sewer agency had no objection to the private sanitary line behind Lechmere's dock running into South Windsor. As it is private no other approvals are necessary. You also indicated that as the driveway behind Lechmere also crosses into South Windsor and back into Manchester our only requirement is that when it is in South Windsor it must meet your Town's regulations. We appreciate your timely response. Let me know if you have any questions. Sincerely, SIM DE LONENT COMPANY, INC. f; Glenn M. Johnson Project Mahager GJ/jk cc: Mark Pellegrini Tom Maskey Steve Penny Cory Garro MERCHANTS PLAZA P.O. BOX 7033 INDIANAPOLIS, IN 46207 (317) 636-1600 t°wM af+( Tawt-1 ate South ?&U&ot c 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 4 SOR•CON AREA CODE 203/644-2511 February 26 , 1993 Mr. Glenn Johnson, Project Manager Melvin Simon & Associates, Inc. Merchants Plaza, P 0 Box 7033 Indianapolis, Indiana 46207 Dear Glenn: Re: Plaza at Buckland Hills Manchester/South Windsor, Ct Your letter dated February 18, 1993, regarding the private sanitary line and the driveway behind Lechmere, accurately reflects our previous telephone conversation. We look forward to working with you as this project proceeds . Very truly yours , Marcia A. Banach Director of Planning MAB/pmm cc: Jerry Iazzetta, Town Engineer Fred Shaw, Supt. of Pollution Control c 7au ap S-0 70&U&Ot mac`1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 Sok.co AREA CODE 203/644-2511 March 9 , 1993 Mr. Mark Pellegrini, Director of Planning Manchester Planning Department 494 Main Street P.O. Box 191 Manchester, CT 06045-0191 Dear Mark: Re: Plaza at Buckland Hills, Manchester/South Windsor Please be advised that on October 19, 1992 the South Windsor Inland Wetlands Agency/Conservation Commission approved application #92-37W, Plaza at Buckland Hills . The approval was to permit the construction of a drainage swale on property west of Buckland Road, south of Smith Street, east of Wheeler Road, and north of Pleasant Valley Road. The approval was based on plans prepared by Close, Jensen & Miller, dated August 31 , 1989 and revised through October 9 , 1992 . The plans approved included two areas (behind "anchor no. 6" and anchor no . 14 " ) where there are portions of the driveway which cross into South Windsor and back into Manchester. The construction details provided on the plans were reviewed by the Town Engineer for compliance with our Town Standards and appear to conform. The permit approved would allow them to construct the driveway as shown (see attached portion of plan) . If you have further questions feel free to contact me at 644-2511, ext. 229 . Very truly yours, L • Im c6 John E. McCahill Zoning/Wetlands Enforcement Officer JEM/pmm cc: Director of Planning Town Engineer Updike, Kelly & Spellacy, P.C. Counselors at Law Barbara C. Wagner One State Street, P O Box 231277 Hartford(203)548-2635 Hartford, Connecticut 06123-1277 Telephone(203)548-2600 Facsimile (203)548-2680 One Century Tower, 265 Church St. New Haven,Connecticut 06510-7002 Telephone(203)787-9007 Facsimile (203)772-2037 March 12, 1993 South Windsor Town Clerk South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Dear Town Clerk: Enclosed please find a check for $50. 00 to cover recording fees for five (5) mylars. Very truly yours, C 700 -RA-- BARBARA C. WAGNER BCW/ks Enclosure cc: Mr. Glenn Johnson co c U s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•ca' AREA CODE 203/644-2511 March 16, 1993 Downeast Associates Limited Partnership c/o Attorney Thomas DeMille Updike, Kelley & Spellacy, P.C. One State Street, P 0 Box 231277 Hartford, CT 06123-1277 Dear Attorney DeMille: Re: Application #89-17P, Plaza at Buckland Hills, General Plan of Development - Stipulated Judgement Please be advised that the Planning and Zoning Commission voted on November 26, 1991, to approve the amended stipulation for settlement of pending litigation regarding the above-referenced application. The General Plan of Development is hereby approved in accordance with the Stipulation executed on December 11, 1991 by legal counsel for the South Windsor Planning and Zoning Commission and Downeast Associates Limited Partnership; and the Motion for Judgment signed by Judge Maloney on December 12, 1991, with all exhibits and attachments including as corrected in the Joint Motion to Correct Judgment dated February 18, 1992 . Black and white mylars of the General Plan of Development, with this approval letter reproduced thereon, must be submitted. After the mylars have been endorsed by the Commission, they will be returned to you for filing in the office of the Town Clerk. Three blueprint copies of the entire set of plans must also be submitted. Very truly yours, Louise C. Evans Chairman LCE/pmm cc: Town Engineer Chief Building Official Zoning/Wetlands Enforcement Officer Assessor Fire Marshal Registrars CLOSE, JENSEN & MILLER, P.C. LIEUTER VF TURS900`TUQL1137SilasDeaneHighway WETHERSFIELD, CONNECTICUT 06109-4201 DATE JOB NO Phone (203) 563-9375 March 19 1993 ATTENTION FAX (203) 721-1802 John McCahi l l RE TO Town of South Windsor Plaza at Buckland Hills 1540 Sullivan Avenue Downeast Associates South Windsor, CT 06074 Roadway Improvements GENTLEMEN: WE ARE SENDING YOU I Attached Under separate cover via the following items: Shop drawings X Prints Plans Samples Specifications Copy of letter Change order COPIES DATE NO.DESCRIPTION 1 1 of 31 Plan 1 9 of 31 Pavement Marking Plan 1 14 of 31 Construction Details 1 15 of 31 Cross Section MAR .q 1993 South VAndsor INLAND WETLANDS AGENCY1 CONSERVATION COMMISSION THESE ARE TRANSMITTED as checked below: For approval 0 Approved as submitted Resubmit copies for approval For your use Approved as noted Submit copies for distribution As requested Returned for corrections Return corrected prints For review and comment FOR BIDS DUE 19 PRINTS RETURNED AFTER LOAN TO US REMARKS John Roadway Improvements for the Plaza at Buckland Hills will widen Pleasant Valley Road from Buckland Street in Manchester to the South Windsor Town Line. A small portion of the taper will be in South Windsor. Attached are the appropriate sheets that show the work in this area for your review and comments. Please let me know if any thing else needs to be done from the Towns perspective for us to do this work COPY TO SIGNED: If enclosures are not as noted, kindly notify us at once ry Garro, P.E. towM sf< C U 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-2511 SOR COS April 30, 1993 Mr. Gary Amoth Discovery Zone L.P. 65 Madison Avenue, Suite 330 Morristown, NJ 07960 Dear Mr. Amoth: Re: Plaza at Buckland Hills Location As we discussed in our phone conversation on April 29, it is my understanding that you are considering locating a Discovery Zone activity center in the new Plaza at Buckland Hills Development in South Windsor. As described to me, your Discovery Zone is a childrens' entertainment center which contains such items as : play area equipment such as that found at many fast food restaurants ; other amusement activities for children; skeeball and similar coordination-type amusements; and a small snack bar. It is also my understanding that your activity center is restricted to children aged 12 and under. As I indicated to you, the uses permitted in the Plaza at Buckland Hills development are as listed within a Stipulated Judgement which settledlitigationbetweenthePlazaatBucklandHillsdevelopersandtheTownof South Windsor. While your proposed use does not fit precisely into any of the listed uses , the Chairman of South Windsor's Planning & Zoning Commission and I agree that your proposed use as described above seems to meet the intent of the list of proposed uses. I would note that the Planning & Zoning Commission specifically excluded pinball/video arcades from the list of proposed uses for the Plaza; therefore, your occupancy at the Plaza is contingent upon theactivitycenterremainingasdescribedaboveandexcludingvideo/pinball machines and amusements which attract an audience in the 12+ years of age category. Please confirm in writing that your amusement center will operate as described above, so that I may obtain final approval for your proposed use from the Planning & Zoning Commission at the next meeting following receipt of your letter. Please contact me if I may be of further assistance or if you have any questions . Very truly yours, Marcia A. Banach Director of Planning MAB/pmm cc: Louise C. Evans, Chair, PZC III MIA ' RECEIVED May 3 , 1993 Ms. Marcia A. Banach MAY 4 1993 Director of Planning Town of South Windsor 30. WINDSOR PLANNING DEPT. 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE: Discovery Zone Dear Ms. Banach: Thank you for the follow up letter to our conversation of April 29th of this year. In summary, you have reviewed our conversation and outlined the Discovery Zone concept with a very high degree of accuracy. To help others visualize the concept, I have enclosed a brochure with some pictures and business related articles inside the packet that should prove to be helpful. We do limit the age of the "Zone" participants to 12 and under and conceptually are about as far as one can get away from being an attractive place for teenagers to congregate. I have also enclosed a videotape for your review. It shows kids having a great time playing and exercising. The smiles are infectious. To close this letter, we do not have video games or pinball type games in the current concept and have no plans for this type of game use. In the future some company will no doubt develop an interactive game with video based technology that may be appropriate for our concept, but we can certainly advise you if this is occurs and then deal with this unknown" technology on a case by case basis with you. I am confirming the use as described in your letter to me. I appreciate your timely response and look forward to hearing from you soon. Best Regards, Gar moth Director of Development Discovery Zone L.P. DISCOVERY ZONE L.P.•65 MADISON AVENUE•SUITE 330•MORRISTOWN,NJ 07960•(201)292-9800•(201)538-3950 FAX DZ 7 tow" a f+ Town aP SotdA ?J&u&o-te 9 w 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR-c0 AREA CODE 203/644-2511 May 20, 1993 Mr. Gary Amoth Director of Development Discovery Zone L.P . 65 Madison Avenue Suite 330 Morristown, NJ 07960 Re: Discovery Zone, Plaza at Buckland Hills Dear Mr. Amoth: Please be advised that the Planning and Zoning Commission discussed your proposed Discovery Zone at their meeting on May 18 and by consensus agreed that the proposed use is acceptable at the Plaza at Buckland Hills . Please note that the parameters which you and I have discussed, and which are contained in our correspondence with each other, were an integral component of the approval . If any of those parameters should be substantially modified in the future, please contact me and we can discuss the impact of the modifications . We wish Discovery Zone the best of luck if you locate in South Windsor! If I can be of further assistance, please do not hesitate to contact me. Very truly yours, Marcia A. Banach Director of Planning mb/sf 10 sf( rA - Town 110-Ps-ou 12 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR•coN AREA CODE 203/644-2511 June 25, 1993 Mr. & Mrs . Richard Gancarz 383 Smith Street South Windsor, CT 06074 Re: Plaza at Buckland Hills Dear Mr. & Mrs . Gancarz : We have received your June 16 , 1993 letter expressing your concerns about the Plaza at Buckland Hills Project currently under construction. The owners representative, Mr. Glenn Johnson, will be contacting you and your neighbors directly to address the issues in your letter. Item number two in your letter will be addressed by the Town of Manchester via a separate letter. As I have said in the past, the Town of South Windsor is aware of your concerns and has been trying to resolve those issues . I have given copies of your letter to the Director of Planning, the Director of Public Works and the Inland Wetland/Zoning Enforcement Officer for their information and action. If you have any questions , please continue to call me at 644- 2511 , Ext . 245 . Very truly yours, gyJerC'. azz tt P.E. in er JCl/jsv cc: Michael J. Gantick, Director of Public Wo ks Marcia A. Banach, Director of Planning ` John McCahill, Zoning/Enforcement Officer fQ CpH STEPHFN T C4SS4.%'O 4,14YOR e••® ~ Town o ancI ester Ik)'.4TH Af4S(t R 4X SE ' ET4RRTHOAl.4S.4/.R):4A:.SE('R£T.-IRY i ®Q.Q o 00'- -1 41 Center Street • P.D. Box 191 DIRECTORS s O O © G ed y JOSEPtt 1'("1.11POSEOPOSF0 A Manchester. Connecticut 06045-0191 GORDO.%B L ISS011' O © GEOFFNE)".S:4.4B JO.SEPH n NEGRI RON OSEI.I_4 RICH4RDJ S.4RTOR.GENER.•Il_h14N.4GER THEUNIS WERKHOI EN June 25, 1993 D j JUN 2R In93 Richard and Irene Gancarz South Windsor 383 Smith Street INLAND WETLANDS AGENCY1 South Windsor, Connecticut 06074 CONSERVATION COMMISSION Dear Mr. and Ms. Gancarz: The general manager referred your letter of June 16, 1993 to my office for a response. In the letter you asked several questions regarding the develop- ment of the Plaza at Buckland Hills. The Plaza at Buckland Hills is being built on a 92 acre site which is divided by the Manchester/South Windsor town line. About 36 acres of that site are in Manchester and this is where the shopping center and parking lot are being built. Of the property being developed for the shopping center, approximately four acres or 11% of the Manchester site will drain to the east through a system of catch basins and storm drain pipes and will be discharged into a draining swale and a stilling basin which are located in South Windsor. There is some activity on the South Windsor portion of the site, but that development activity has been approved by the town of South Windsor and is under the town's jurisdiction. This includes the large landscaped berm and some of the drainage system. In preparing our response to this letter we con- tacted the Town of South Windsor and spoke with Mr. John McCahill, South Windsor's inland wetlands officer. Mr. McCahill informed us that the town of South Windsor received a similar letter from you and is also preparing a re- sponse. Since most of your questions deal w;th the portion of the site which is located in South Windsor and deal with work which has been approved by the Town of South Windsor, we believe South Windsor's staff is better able to re- spond to your questions. Very tr ly y Z_ Mark Pellegrini, ICP Director of Planni d Economic Development MP:ka cc: Richard J. Sartor John McCahill Carl Goertemoeller An Equal Opportunity Employer L STATE OF CONNECTICUTrcf • ; It ST: DEPARTMENT OF ENVIRONMENTAL PROTECTION 04 t5y. rL"OTi,y July 16 , 1993 A V!' Terri Nebraska NEI Close, Jensen and Miller IIti 221993 1137 Silas Deane Highway Wethersfield, CT 06109-4201 South Windsor Manning & Zoning Commiuios Re: The Plaza at Buckland Hills South Windsor Dear Ms . Nebraska: This office has reviewed your proposed construction jx of a dam in South Windsor on an unnamed water course The drainage area tributary to the dam is 20 . 5 acres The dam is described by plans prepared by Close, Jensen & Miller , P .C. and entitled The Plaza at Buckland Hills dated 6/23/92 The following checklist indicates Inland Water Resources Division permit requirements. Should your project or plans be modified in any way, including location and height of the dam or the impoundment capacity of the pond, these permit determinations may change. If it is indicated that a dam construction permit pursuant to Connecticut General Statute 22a-403 is not required, this determination is based solely on our finding pursuant to Section 22a-401 that the structure, by breaking away or otherwise, would not, under existing conditions, endanger life or property downstream of the dam. This determination does not constitute an approval of the above plans or the proposed hydraulic design and spillway configuration for said dam. Further, be advised that should future downstream development cause the dam to become a potential hazard to life and property, the dam may come under the department' s jurisdiction in accordance with the provisions of Section 22a-401 of the General Statutes. Accordingly, it is recommended that all dams be designed and constructed in accordance with standard engineering practices to Printed on Recycled Paper) 165 Capitol Avenue • Hartford, CT 06106 An Equal Opportunity Employer safely convey the flows associated with the 100 year return frequency storm, which is the minimum design storm accepted by the department. State Permit Required Not Required Dam Construction X CGS Sec. 22a-403) Water Diversion X CGS Sec. 22a-368) State Inland Wetland X CGS Sec. 22a-39) Other The above permit determinations were based solely on a review of your dam proposal. The department may have other interests in your facility or development. The necessary forms for any required permit applications as noted above are enclosed. Questions concerning dam construction permits may be directed to the Division' s Dam Safety Program"'at. 566-7245. Questions on other permit requirements may be directed to the Division ' s Wetlands Management Section at 566-7280 . If the State does not require a dam construction permit pursuant to Connecticut General Statutes Section 22a-403 , a municipal inland wetland permit may be required. Additionally, if your proposed work will involve a discharge or placement of dredged or fill material into a wetland or watercourse, a U. S. Army Corps of Engineers permit may be required; contact the Corps at (617) 647-8332 or write: Regulatory Branch, 424 Trapelo Road, Waltham, Massachusetts 02254 . Finally, please complete the enclosed dam registration form at- the completion of construction and return it to the D.E.P. , Inland Water Resources Division. There is no fee required for this registration. Thomas M. Morrissey, Director Bureau of Water Management Inland Water Resources Division Enclosure(s) cc: Planning and Zoning Comm. Inland Wetland Agency r VLJ s-M June 16, 1993 J South Win s r 8 9 Mr. Jerry Iazetta, o Engineering Town of South Windsor 1540 Sullivan Avenue South Windsor, CT. 06074 Dear Mr. Iazetta, This letter is to direct your attention to our concerns regarding the run off of water from the project known as "The Plaza at Buckland Hills" located in Manchester, Connecticut onto land in South Windsor, Connecticut. We are requesting answers to the following questions and concerns: 1. The status of the drain pipe which was to run through property located at 367 Smith Street in South Windsor, Connecticut purchased specifically for the purpose of a mall water run off drain. Also, the reason or reasons as to why this drain pipe is not being installed at this time or scheduled date of installation. (Property at 367 Smith St. , South Windsor is vacant and acces- sible) . 2. What percentage of total mall surface (asphalt, buildings, etc. ) will be draining onto South Windsor land and subsequently near or onto property located at 383 Smith Street, South Windsor, Connecticut? 3. What distance from property line located at 383 Smith Street, South Windsor will water swell run to when the retaining pool or pools overflow? How much of the run off water is expected to run onto property located at 383 Smith Street? Also, the possible effect of the run off on trees, shrubs and other vegetation located on the properties to be affected from the run off taking into account that the run off may mix with motor vehicle oils, fuels and other detrimental fluids. 4. The reason for not completing and or extending the berm behind property located at 383 Smith Street, South Windsor or date of extension. We strongly feel that without the extension of the berm as a buffer, we will be subjected to excessive noise from vehicles/tractor trailers, etc. that will be exiting and or entering the back of the mall. We are hopeful that now that you have been made aware of our concerns in writing, provisions will be made to correct the situation. Continued on Page 2) f J Page 2) If you are unable to answer our concerns, please direct them to persons who are authorized and able to do so. Please respond by June 30, 1993 at which time we will regard the absence of a reply to any or all of our ques- tions as reason to take other avenues for solutions to these concerns. Thanking you in advance for your time in this matter. Sincerely, y&4 e 'P, Richard M. Gancarz Irene M. Gancarz Please send your response to: Mr. & Mrs. Richard M. Gancarz 383 Smith Street South Windsor, CT. 06074 Copies sent to: Mr. Carl Goertemoeller Vice President of Developement Glen Johnson Construction Melvin Simon & Associates Tlo 0-p S-OUA ?V&&4at s 1540 SULLIVAN AVENUE • SOUTH WIN0300L CONN. 06074 AREA COME 203/644.25LI Fax. # - 203/644-3781 FACSIMILE MESSAGE TRANSMITTAL FORM Date: 3 PLEASE DELIVER THE FOLLOWING PAGES TO: NAME: _ tom'°o A . 1 0 11 c Oh ADDRESS: FAX. # 17 MESSAGE FROM: NAME: 1-4 d r e l a cll o Id ADDRESS: fo u-k 1 r .,J.I d- :t. MESSAGE t2 rLd q If t/ra*Lt4 a rz T t ems- l'c1n ern 3 2 NUMBER OF PAGES TO FOLLOW: 10'0M aCq y r Taulon V/ S-0am WOC 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-Co AREA CODE 203/644-2511 July 21, 1993 Mr. Glenn Johnson, Project Manager Melvin Simon & Associates, Inc. 115 West Washington Street Indianapolis, IN 46204 Re: Lechmere Facade, Plaza at Buckland Hills, Manchester, CT Dear Glenn: As we discussed today during your visit to the Town Hall, I have the following comments and concerns regarding the elevations for Lechmere which I received from you. I am expressing these concerns on behalf of the South Windsor Planning and Zoning Commission, which is a party to the Stipulated Judgment between the Commission and Downeast Associates Limited Partnership, granted by Judge John Maloney, Hartford Superior Court, on December 13, 1991. As you are aware, the Stipulated Judgment expressly addressed the rear facade of Anchor 6, which is Lechmere. The Stipulated Judgment contains the following language: The rear facade of Anchor 6 will be screened as shown on the Development Plan and shall not be unpainted or painted concrete block. The facade shall have an appearance similar or comparable to the alternative facades shown on the Alternative Facade Plan attached hereto as Exhibit G. Exhibit G notes that: Each of these facades would be built in one or more of the following materials: architectural block, split face, and textile panels. It is imperative (and legally required) that the Lechmere building meets both the spirit and the letter of the Stipulated Judgment for the rear facade. The elevations which have been submitted by Lechmere are certainly on the right track. The screening of the roof hardware, the wall screening the loading docks, the continuation of the front/side architecture onto a portion of the back wall, and the colored stripe are consistent with the Alternative Facade Plan. However, the proposed elevations do fall short of meeting the requirements of the Stipulated Judgment in several important ways: 1. The Alternative Facade Plan provided for both vertical and horizontal relief along the back wall via architectural features and landscaping. The proposed elevation has very little vertical and horizontal relief or landscaping. 2. The vertical drainage downspouts do not meet the intention of the facade plan in their present form. 3. The lowering of the roof height on the parapet over the loading docks reduces the impact of carrying the architecture around to the back of the building by calling attention to the docks. The Alternative Facade Plan was carefully designed to screen/de-emphasize the loading docks. It would seem more appropriate to carry the higher roof elevation through the loading dock area to de-emphasize the docks. Please transmit our concerns to Lechmere so that reasonable solutions to our concerns can be achieved in accordance with the Stipulated Judgment. I will be available at your convenience to either meet with you and your client or to discuss by phone proposed modifications to the elevations. Glenn, as always it was a pleasure meeting with you. I look forward to successful resolution of our concerns and to your future development on your South Windsor property. Very truly yours, 0, J , C Marcia A. Banach Director of Planning mb/sf cc: Louise C. Evans, Chairman, Planning & Zoning Commission 4OW N se" v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 SOR•CON AREA CODE 203/644-2511 July 27, 1993 Mr. Glenn Johnson, Project Manager Melvin Simon & Associates , Inc. 115 West Washington Street Indianapolis, Indiana 46204 Dear Glenn: Re: Lechmere Facade, Plaza at Buckland Hills Manchester, CT Thank you for forwarding my letter of July 21 to Lechmere. I met today with Linda Pilla, Director of Store Design, and James Gray of Watkins Carter and Hamilton Architects. James presented two alternative design schemes for the rear facade of Lechmere. Both alternatives were responsive to the concerns raised in my letter, with the sole exception that the roof height over the truck dock would remain at the previously-designed height. After discussion with the architect regarding the merits of Scheme A and Scheme B, it appears that Scheme A contains the most reasonable solution that meets the requirements of both the Town of South Windsor and Lechmere. Therefore, please be advised that the elevation drawing titled, "South Windsor Elevation, Scheme A, " dated July 26, 1993, is acceptable to the Town of South Windsor and fulfills the obligations of the Stipulated Judgment referenced in my July 21 letter. Please contact me if you have any questions or comments on this issue. Very truly yours, WAAAX/ Marcia A. Banach Director of Planning MAB/pmm cc: Louise C. Evans, Chairman, Planning & Zoning Commission Linda Pilla, Director of Store Design, Lechmere 09%24%93 11:54 '03176857336 HEL SIM0N 12E Z002/002 T SIMO SIINON DEVELOPMENT COMPANY,1NC, Via Telecopy September 24, 1993 Ms. Marcia Banach Director of planning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Berm at Wheeler Road The Plaza at Buckland Hills Manchester, CT Dear Marcia: Per our discussion 9/23/93, the Town of South Windsor does not object to us holding off on the planting of trees at the northwest corner of the berm on Wheeler. This will be addressed at site plan application in the Town ofSouth Windsor. Let me know if you have any questions. sincerely, SIMON DEVELOPMENT COMPANY, INC. Glenn M. ?ohnson Project Manager GM.7/st cc: Ron Groff COMMUNITY CENTERS MERCHANTS PLAZA P.O. BOX 70.13 INDIANAPOLIS, TNDIANA 46207 TEL-- (317) 685.0100 FAX: (317) 685.7336 MEMORANDUM November 17 , 1993 TO: Marcia Banach, Director of Planning FROM: Fred Shaw, Ass 't. Dir. of Public Works/Poll . Controlc 6 RE: BUCKLAND HILLS (SOUTH WINDSOR PART) SITE PLAN REVIEW In accordance with the South Windsor/Manchester Intermunicipal Sewer Agreement of October 12, 1978, connection charges ( $2, 000 per developed acre) are due to South Windsor and are payable at time of connection to main sewer line. CFS:bmr M E M O R A N D U M TO: Marcia A. Banach, Director of Planning FROM: John E. McCahill, Zoning/Wetlands Enforcement Officer RE: Plaza at Buckland Hills DATE: November 18 , 1993 The Erosion & Sedimentation Control Plan is "to be developed" . Therefore, my comments are limited: 1 . What is the status of the drainage pipe to Smith Street? 2. Plans should show existing cul-de-sac on Smith Street . 3 . Plans should show existing topography. 4 . Plans should show existing berm. 5 . Plans should provide riprap for outlet( s ) into basin . 6 . Plans should provide for adequate dust control ( sandy soil ) . 7 . Phase construction to ensure that less than 5 acres of land are exposed at one time . 8 . Include sedimentation structure( s ) and grease and oil separator( s ) prior to discharge into basin . 9 . This will require approval by the South Windsor Inland Wetlands Agency/Conservation Commission. JEM/pmm Z. . ..... CL SOUTH WINDSOR Phase One:Future Phases: h, 7 F -T b M..135,OW 5 F A S.F. Aachae 9 I5,000 S.F. Twd P,,U.g Pegn4ed 135 C— Va—M="000 SF. at 1/1000 R... 50.0w&r. Ancf.er it N 900 S F. T-1 2,:70 SF VJ —bV G S S .;lsh.p, 23.r6 S F c LLI 6.4N SF T-1 P.dd g Required .00 C— G 5,619 S F- L5110M R. T-1 G.L(. 315.000 S n T61.1 P.,"R,—d I'M C— 14/ 26 3h 41, Sdh Saw 56 El Q Q CIO Naturalized Berm/Buffer Naturalized LLL, 11-iluNdilluff') Berm/Buffer creening Buffer S-D-1 61 E ILK A-M!, Flex Ch Tf- A el BRONSON 8 HUTENSKY L r W. 4t SIMON 18 November 1991 ICLVIN SIMN a ASSMIATES.INC.0 22 October 1991 j Development Plan THE PLAZA AT Tree Planting:BUCKLAND HILLS D-Sh".T—(11.1.A—Dd-1.23 11r-L MANCHESTER/SOUTH O.k WINDSOR CONNECTICUT LyY S.ede T_lPerWn1 L..),2.2 11r-L SOUTH WINDSOR k.. SPECIAL Flrerfnl T—(A-1 C—Johnson.-Richter "—,T."--, ,c— - ZPC cc.—-6 spz a v......,J..-..... ,..ay,>vb W4 ),]a1l,l iW..)t..c,n,....):n,.GIi,AJIYSnSilrM1 iK?...W w SOUTH WINDSOR Phase One: Future Phases: A—,T tt,o5o S F Fh.Taa Al..1l5,000 S F. c ( tl AneM1er t l0,000 S F Anchor 9 I5,o00 S.F. Ta.l ParLi:c R,.-4 135 C... o An<hw r0 M 006 S F .(1/1:00 Ra+.: Ante:.Ir S0,000 S F. r An<h:r II IJ,900 S F TM1.arre 10,T00 S F. Vi11ac:Gree. Al.. 160,000 S F. S.nil1 Sh:p. Ii,I16 S F LL/11 6,J00 S F Ta.l P.,6.g ltr—d J00 c— LL/1l 5,609 S F. .,I!/r000 Rx. Taal G u 315,000 SF. Taal P.,W.c Re0".r 1.260 C.. a J/r000 R.1 0 a 2a F. F.raint Tra 3a rs.. Y 4a 1=1taa.r.cSmehSreuS Ddearm nKa a1'roY (+rv) Fnure Yllage re DeSdopmenl O O l /Ea.w.y,rcca r -/ Naturalized Berm/Buffer Dead 6) Temporary Berm Lhnil rAure Dc dopnr r o Naturalized Germ/Buffer ISct DttYl a) / R{. A r •roar u 1 rrEure Flat'rcch Deldopolerd - J Dacntm Temporary Fence Screen Um I Fal((re DcvdopmREgyI!'-- rr''! 1! I a i Set Daa.l l) - i' 1t s r lllJlllllllllll)1111 pXo 1 p;;; A 1r111t{YYIfTTrTT 1 TTT FN H,QR BRONSON 8 HUTENSKYpd .. c y QQ DdcrAionA` \• BA ran Dedop—d S 1" f,' SIMON CLnN SIAON A ISSOCIATES.INC. PHASE ONE 22 October I"I •e,e..",...:.. y.e. +oaa. Development Plan "ei.R..oue I ..ReT wr ameaa-uoo U, --.:,.•. . •- - THE PLAZA AT BUCKLAND HILLS MANCHESTER/SOUTH II WINDSOR CONNECTICUT SOUTH WINDSOR SPECIAL 1 Johnson.Richter P C 4 6 Q cc eoc..o.6 s:: Section la Section 2a U H 6 Section 3a BRONSON 6 HUTENSKY za xoi'iis-°••oo s.n Fum Sl MO N22OctoberI"I Section 4a e Phase One MELVIN S60N a ASSWIATMINc. c.cx•xn.urt r.o.oz noaa. Site Section Studies THE PLAZA AT BUCKLAND HILLS OMANCHESTER/SOUTH WINDSOR CONNECTICUT UTH DSOR SPECIAL Section 5a Johnson.Richter n Section 2b rf -r Q I wu who w M+r+ lo•w y./aen. I r,s.rtY u T°."t- I Section 3b K r .w Il II BRONSON B HUTENSKY EM 22 October 1"] SIMON Section 4b vt Development Plan NELVIN SIMDN A 6-WIATMINC" Site Section Studies I farnaaa-,eoo am(P THE PLAZA AT BUCKLAND HILLS MANCHESTER/SOUTH mr WINDSOR CONNECTICUT I-- Section 5b Johnson-dRichter e f cc-s0.e,vI i y- YIE:HEiuiT ^Nate I-Y"ri rrra.-moo rlr+T(1rr.) i r.L.a vvi.hp 6/.o(.Y'r 1 pTyu.CAAyvTaGL AVE14•bE 90'f r i ALT4—k T.--E9 AMY PE 6'0JM0 NATIML effc T Plancolu t taw ter`wp nr :T E— r TEnTII.ur rat' i9 .Yor.GVFA w;h-.-1.'CMrmT.w+.+.•..TM......-v. I j NAT", &PYNND (1NEY- aLOPTIONS. O9 Large Entry Drive Landscape Island No Tr-EE SEED 7 I Entry Drive Elevation l . 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