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Home My WebLink About03-28P Evergreen Walk1 v";r17426(I3 MUN 5;FAX 58"!04’WJ692 “OGDHUUSE RUBINOW N PC ,J 7 no¢€30ufk warm/aw;' 1540 SAJLJVAN AVENLLE'SDUTH Mm DSGJ‘C‘R5 FAX EEO/WEE) W1”.IHEW E.GALUNmmmi: February 26,2999. Jossph Santanidlo,PE. Excciuivc DirccLcrsaneTramcCammigsian28G0Berlin"apiks 1"C‘Bo““72.46Newmgtan,_G6131-7546 R2:Evergreen Walk Town of $auth Windsor,Cannccticu: TC Numbcr laz-C 1G4—01 Dee:Mr.Santanielic: Na “av;mam ac the 1mm acclrcacd to yea {ram r -.Hesketh &Assodazes, faJw 3mm.,5pe4a11v is‘unsuccessiuiwxh regard i—n fa cxplcring Item Numb»r all his6 aptjcms,If tn‘cicVEEopcr;m:Town afLcr“gli’be‘wiiEmgEns gcud to asai them m assurF that the ‘mvrovemcms V11 he comgzle as hdL'atc‘lor.the pmm and m accorddnce nth the Tswn s apnrova‘cf the Maste: Dcveloument bltm F1 a:‘ccl *rcc tc :mLacL me z:ym ms.”any fuvhcr cla-m tian of this matte: ”y gruly yr;m:s, fMatthcwB ua__1='anTav'n Manamr H3 DISCLAIMER AND WAIVER AGREEMENT LCWL’Dte Planning 85 Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor,CT 06074 With reference to our meeting of wW Ei,7m(b during which we plan to discuss possible changes in the above-referenced application,or the filing of the above-referenced new application with the Planning 85 Zoning Commission,I/We understand and agree as follows: 1.This is an informal meeting for discussion purposes only. 2.This is not a meeting of the Commission. Any comments made by any Commission members,alternates or Town staff shall not be construed as a commitment or a binding representation by the individual or the Commission. Any comments made by any Commission members,alternates or Town staff during any pre-application healing shall not be construed as a tacit approval or denial. l/We will not rely upon any statements made or any part of discussion,nor will I/We use any statements as evidence in any proceeding before a court or administrative agency,to the extent perm1tted by law Dated at South Windsor Connecticut this i i day of S i (Applicant) amm W—imfnwa Cami FLB Architecture &Planning,Inc.‘19 Silver Lane,East Hartford,CT 061 18 860‘568‘4030 'fax:860.568.5l29 'http://homeatt‘netharchflb RECEIVED January 20.2003 JAN 2 2 2303 SOUTH WINDSOR PLANNING DEPTPlanning&Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor,CT 06074 Re:Evergreen Walk Dear Chairman McCann: At a previous meeting of the Planning &Zoning Commission,several members of the Commission requested that our client provide general information with regard to the overall Evergreen Walk site.While we do not believe that such information is necessarily relevant to the application for the Expo Design Center now pending before the Commission,we understand the Commission’s desire to have an “overvievr’of the Evergreen Walk site.We have discussed this with our client,who has agreed to allow us to assemble and present to your staff certain information regarding the drainage basins and storm water conditions on the Evergreen Walk site. In order to correctly present this information to the Commission and staff,we suggest that the Commission consider scheduling a special “work session"to review such information. At that time,we would be pleased to answer questions to the extent of our effort to date.It is our anticipation that,at that time,we would have information available which would identify the drainage and subdrainage basins existent on the Evergreen Walk site,identify locations for stormwater detention on various portions of the site,and identify theoretical drainage patterns/calculations based upon applicable coverage ratios.We would also discuss with the Commission the general configuration of the land.While this information would be limited and subject to being supplemented when,and as,specific applications are submitted with respect to a portion of the site,we believe this information would be useful to the Commission by providing a foundation for your further review of specific applications. V y yours, President amson,AICP F:\PROJECTSFINGUERw9508.00\FLB LETR\PZC0301 21 .Doc DISCLAIMER AND WAIVER AGREEMENT g/m {a 5 Date Planning 85 Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor,CT 06074 Re: With reference to our meeting of g3////[/3 during which we plan to EVg/Q/w/u IW/m éO‘Wa-I D/Jwssw'w/ discuss possible changes in the above-referenced application,or the filing of the above—referenced new application with the Planning 8L Zoning Commission,I/We understand and agree as follows: 1.This is an informal meeting for discussion purposes only. 2.This is not a meeting of the Commission. Any comments made by any Commission members,alternates or Town staff shall not be construed as a commitment or a binding representation by the individual or the Commission. Any comments made by any Commission members,alternates or Town staff during any pfe-application hearing shall not be construed as a tacit approval or denial. I/We will not rely upon any statements made or any part of discussion,nor will I/We use any statements as evidence in any proceeding before a court or administrative agency,to the extent permitted by law. Dated at South Windsor,Connecticut this //day of /”(Hf/V1 ,lg Z (70.3 {ya/m /&%(Ac Signed (Applicant) Hesketh @1 RE:The Shops at Evergreen Walk Final Deveiopment Plan South Windsor,Connecticut Our File:00167.00 Dear Mr.Poag: The traffic report originally prepared for this development was submitted to the State Traffic Commission (STC)on April 18,2001 as part of an application for Certmcate pursuant to Connecticut General Statutes,section 14-31 1,as amended.This report was also submitted to the Town of South Windsor as part of the General plan of Development that covers the subject parcel.The STC reviewed the report and accepted it,issuing its approval on February 27, 2002.The Town of South Windsor also approved the General Plan of Development.Both approvals are still valid. The approved General Development Plan calls for a multi-use development consisting of 375,000 SF of retail development,650,000 SF of ofhce space,and other uses totaling 1,230,000 SF of development.The subject final plan and other approved or pending final plans bring the total retail square footage to the 375,000 SF limit,in addition to smaller amounts of office development. The developer proposes to construct all off-site improvements at this time,even though the total site-generated traffic will be substantially less than that which was approved for the full build-out of the Preliminary Plan.The operational levels of service at all locations surrounding the site will,therefore,meet or exceed the predictions of the approved report. Please contact us if you require any additional information. Very truly yours, F A Hes th&Ass cta es lnc F Mitchel P E nager of Transportation Engineering T:\oo1 67\jpoa4303.m Civil &Traffic Engineers -Surveyors e Planners -Landscape Architects Tel 860.653.8000 s Fax 860.844.8600 -email hesketh©snetnet n a 6 Creamery Brook -East Granby,CI'06026 F.A‘Hesketh8rAssociates,Inc. April 30,2003 Mr.Joshua Poag RECEIVE-:1 Poag &McEwen Lifestyle Centers 641 0 Poplar Avenue —Connecticut,LLC JUN I A” '/tut Tower 2,Suite 850 Memphis,TN 381 1 9 sOUTH WINDSOR Punitive U Memorandum To:Marcia A.Banach,Directorof Planning From:Jeffrey Doolittle,P.E.Town Engineer Date:06/24/03 Re:Shops at Evergreen Walk Site Plan (O3-28P) l have reviewed the site plans for The Shops at Evergreen Walk that were received on 6/19/03 and l have the following comments: 1.Provide a overall site plan (at 100 scale)that shows roads,buildings,sidewalks, driveways,road names,green space,parking spaces,and islands.This will be helpful to show overall traffic circulation and pedestrian pathways.Include a designated truck/delivery route on the plans and provisions for truck turn- around and circulation that avoids aisles of parking lots and Evergreen Way. Show more clearly marked pedestrian access paths from the parking areas to the shops. There needs to be a main traffic circulation route around the perimeter of the shops that is clearly marked and has no parking spaces along it. Additional Traffic Calming measures are needed.These include raised intersections and crosswalks,a roundabout at Evergreen Way and Tamarack Ave,and Evergreen Way and Hemlock Ave,reducing lane widths,more landscaping along streets,and wider sidewalks.These measures should increase pedestrian comfort and safety and enhance the overall appearance of this development. The entrance ramp off Tamarack Avenue to the East Access Drive is too close the intersection of Tamarack Ave and Buckland Road for traffic to safely enter it without conflicting maneuvers.This ramp needs to be moved west.The minimum Town Standard for centerline distance between intersections is 200 feet.This intersection location needs to be reviewed and changed.Also,why is the entrance to this ramp 24 feet wide?This may allow two cars to enter at once which raises safety concerns. Consider moving Laurel Lane to between buildings 800C and 8008,across from Spruce Drive.This would allow vehicles in the front parking area to get to Tamarack Ave.with only a short trip on Evergreen Way.Thus reducing the exiting traffic on Evergreen Way. The access to parking aisles from the main circulation route needs to be revised in several areas.This is to improve traffic safety by reducing the number of aisles connecting to the main route and improving the geometry where they connect 9 Provrde elevations ofthe top and bottom ofthe proposed walls on the plan vrews 10 It rs not clear why Wall 6 rs necessary from the plan vrews 11 Provrde notes as to the bottom of walls and clarification on the Wall Profile Sheets. 12.Where is the roof drainage from building 800C?Fix the location ofthe roof drainage from building 100. 13.Why are the main electric and telephone lines running down Evergreen Way?The Transformers are all on the opposite sides (”back”)of the buildings and the structures (vaults,handholes,etc.)for these utilities are located in sidewalks,crosswalks and intersections.We suggest the electric and telephone lies be run along the “backs"of the buildings on Evergreen Way‘ 14.Will future sewer extensions to the north be connected to the last SMH #14 in front of buildings 5000 and 500D?lf so we suggest this sewer line be ended further north. 15.The proposed access drive to property at #207 Buckland Road needs to be revised to provide clearer and safer access and so the grades will work.There is a 6-8 foot change in grade on a steep slope at this driveway location 16.Why is the textured concrete area in front of buildings 500C and 500D so large? 17.Show stationing on the plan view forthe Access Road Plan and Profile. 18.Why is SMH #11 (at Hemlock Ave and Buckland Rd)171/2 feet deep? 19.Provide a sewer main connection from SMH #7 to a manhole at Buckland Road to allow future sewer connections south of the multiple culvert crossing on Buckland Road. 20.Why are there so many (6)speed limit signs on Evergreen Way.i suggest speed limit signs be removed from Evergreen Way and added to the main entrance drives — Tamarack Ave,and Hemlock Ave. 21 .Why is the intersection of Laurel Lane and Evergreen Way a 3—way stop? 22.Where were site cross sections A,B,and C taken? 23.l will call the engineer with questions about the Drainage Report. 24.South Windsor WPCA approval is required forthis site plan.25.Street Cut and Drain Layers Permits will need to be taken out forthe driveway,sewers, utilities and any roadway improvements. Please call me if you have any questions.Thank You. Memorandum RECEIVED JUL 0 3 2003 To:Marcia A.Banach,Director of Planning SOUTH WINDSOR PLANNrNG omFrom:Jeffrey Doolittle,P.E.Town Engineer Date:07/03/03 Re:Evergreen Walk Buckland Road Widening Plans (03-28P) i have reviewed the plans for widening Buckland Road as pan of The Evergreen Walk project that were received on 6/19/03 and i have the following comments: 1.The Median Island (extension)from the SW Town line to the end at about Sta 56+65 shall have all granite curb.Show a radius dimension and ending station for this island. 2.The radius from Buckland Road southbound into the driveway forthe Plaza at Buckland Hills is very tight.This needs to be reviewed and modified as necessary so there is plenty of room for cars and trucks to make this turn safely. 3.Show sidewalks along the west side of Buckland Road form the Plaza at Buckland Hills to Deming Street.Include sidewalk access ramps where the walk crosses the major site driveways or roads. 4.Provide additional street ROW to be deeded to the Town of South Windsor instead of easements for the roadway improvements along Buckland Road. 5.On Sheet CP.1.1 please check the note for “Type R1 MBR and fix as needed. 6.Show the triangle shaped property to be deeded to the Town of South Windsor for sidewalks and tramc control equipment to the south of the Evergreen Walk driveway by Sta 61+O as shown in the EXPO plans.Delete the easement line shown. 7.On Sheet CP.1 .3 at Sta 71 +19 show all (3)existing culverts outlets extended to the west.Labelthis work. 8.How will work labeled “by others"be done? 9.Label all structures,driveways,etc to be removed to complete the roadway improvements. 10.0n Sheet CP.1.5,why is a proposed grading easement from the Town of South Windsor necessary for #325 and #335?Check the street line in front of #326. 11.0n Sheet CP.2.6,why is a double CB proposed at the NE corner of Deming St.at Buckland Rd?Why not relocate/modify the existing CB on Deming St.at Sta.13+90? 12.8uckland Road should have a center median (raised ortextured)instead of a continuous left turn lane in both directions.We will discuss this more with the Engineers to determine the best solution. 13.0n Sheet CP.4.6 smooth out the angles in the double yellow centerline on Deming St. 14.For the two new proposed Town Signals (at the Center and Northern Site Drives): a.new steel span poles should be installed on the east side ofthe road. b.Add a note:The control cabinets shall have a brushed aluminum finish c.Modify the note about the Pre—Emption equipment such that it shall be the same as theinstalledequipmentonBucklandRoad. 15.0n Sheet DE.1 .01 label where the typical sections apply to the road.These sectionsneedtoaccuratelycopytheexistingconstructionofthisroadwhichibelieveisM,N O,and F from the legend.Thinner sections of pavement and base will not be accepted.16.0n the Intersection Grading plans why is there no gutter and grade change shownalongBucklandRoadinfrontofthecentersitedrive? 17.All pavement markings on Buckland Road and Deming Street shall be epoxy resin.18.The Traffic Control Plan needs to be revised.We will discuss this with the Engineer.19.Sheets XS.1.16,XS.1.17,and XS.1 .18 are missing from my plan set.20.A Street Cut Permit will need to be taken out for the roadway improvements. Please call me if you have any questions.Thank You. 1540 Sullivan Avenue.South Windsor.CT 06074 PH 644-2511 ext 253 Fax 644-7280 l]Urgent U For Review D Please Comment U Please Reply D Please Recycle Attorney King, Attached please hnd engineering comments from the Town Engineer regarding The Shops atEvergreenWalkandtheBucklandRoadWidening. south WindSOl' Planning Department To:Attorney John King From:Kelli Holmes Fax:860 548-2680 5Pages:g including cover sheet Phone:Date:07/07/03 [Marcia Banach -Evergreen Walk Public Hearing Comments From:"schoate5"<schoate5@cox.net> To:"Marcia Banach"<banach@southwindsor.org> Date:7/10/03 9:30PM Subject:Evergreen Walk Public Hearing Comments Marcia, Here's what i came up with from my notes A.Show sewer line as "to be completed by others"(or something similar),not as "existing"where applicable. B.There was alot of discussion about the groundwater flow to Wetland #9,existing and proposed.ls there any test pit data to indicate the groundwater elevation where there is to be alot of cut?What will the effect of the proposed development be?Provide subsurface data to indicate the probable performance of the rain gardens.Under what conditions will subdrains be installed? C.i have a full built conceptual plan,which l believe i obtained from an informal drainage overview.Has the full built drainage analysis ever been submitted to the town?i think at this point it makes sense to see howthe big picture fits together conceptually,with regard to drainage. D.Please discuss time of concentration calculations.The intervener mentioned that sheet flow can only be used for 50-100ft.What was the maximum used and why? E.During a higher storm than 10 year,how will the "overflow"get to the appropriate detention basin? F.Please document the total suspended solids(TSS)removal anticipated.The presentation mentioned 80%. G.Will any requirements of any state General Permits to be filed cause the current plans to change? H.ls stabilization required in the swales prior to the detention basins?At what slopes will it be required? ls there soil testing to back this up? l.Has any soil/pesticide testing been done on site?What are the results? J.l concur with town staff comments,particularly with Planning comments; 3.Please show the changes caused by this site plan on the general plan.My concern is the open space land that is visible and/or useable.l seem to recall a pedestrian path/walkway in the open space along the River? 6.A raised median in Buckland Road seems appropriate. 8.i would like to stress the importance of sidewalk connectivity around the entire site!i.e; On the westerly bridge and between buildings 400 and 500A From building 500E across Hemlock Avenue to sidewalk near Lot G From buildings 500D to 500E From buildings 500A to 5008 From buildings 500B to 5OOD Suzanne Choate CC:"Kevin McCann"<mccann@tylercooper.com> Page/E EXTENSION OF APPLICATION Planning &Zoning CommissionTO: FROM:Alan Lamson,FLB Architecture &Planning DATE:July l6,2003 RE:Appl 03-28P,The Shops at Evergreen Walk We hereby grant lQ days for an extension ofthe Public Hearing for Appl.03-28P,The Shops at Evergreen Walk to .,,'Q Di g6 :95077 ow?to We Date Mien-mu N.uvELLz H.wlLuAM SHURE AMY A.D-AnDmA Moruus w amks usA A.MAGLIOCHErn wHN x nArsmOM.m.ERIC J,GEORGE ELmarrHJ.AurnNPIILLMq&MLEY’LLC RAYMOND EJALDMNJK JosErHM Lam‘ro cHRwromsx),5mm JOSHUA A‘DOLGER July21,2003 Town of South Windsor RECEIVED Inland 1540 Sullivan and Wetlands Avenue Commission JU L 2 2 2003 South Windsor,CT 06074 SOUTH WIND 30R PLANNW GDEPT. Re:Application #03-28P,Lifestyle Center LLC,South Windsor,CT Dear Commission Members: Please be advised that the undersigned represents Jean Marc Jacques,the owner of a sizeable parcel of undeveloped land located southwesterly of the property which is the subject of the above-referenced application.As you are well aware,situated on my client‘s property is a large pond,approximately two (2)acres in size,which is apparently part of the system of watercourses which includes Plum Gully Brook and,ultimately,the Podunk River. The purpose of this letter is to advise the Commission my client's concern as to the potential adverse impact of the proposed construction activities at the above project site to this body of water on my client's land as well as to the waterways in which this pond flows and to the groundwater in the area.By virtue of the June 26,2003 letter report of HRP Associates,it has been brought to my client's attention that development activities,including proposed cutting and filling,may result in the disturbance of contaminated materials at this location which may infiltrate the groundwater and wetlands at the site.As a result,Mr.Jacques has requested that I express to you his concern over the impact of the proposed construction in this area so that the Commission will exhibit all appropriate care in its supervision over any proposed development plans for those parcels which are the subject of the above application. Obviously,as an adjacent property owner,I would assume that Mr.Jacques would continue to be notified as to all future public hearings with regard to this project. mnm cc:South Windsor Planning &Zoning Commission Mr.Jean Marc Jacques HTFD/6496ogzéJWIH 29%%]T R0.BOX 7006 BRIDGEPORT,CT 0660l'7006 (103)330>2000 FAX (203)576—8888 90 STATE HOUSE SQUARE HARTFORD,CT 05103-3702 (860)424—4300 FAX (860)414-4370 ONE CENTURY TOWER Z65 CHURCH STREET NEW HAVEN,CT 06510—7000 (203]773—3006 FAX (103)776-7075 720 HOPMEADOW STREET SIMSBURY,CT 06070—2115 (860)651-9348 FAX (860)651—1431 100 PEQUOT AVENUE R0.BOX 510 SOUTHPORT,CT 06590—0510 (203)Z54-5000 FAX (203)154—5070 300 ATLANT1C STREET STAMFORD,CT 06901—3511 (203)324—5000 FAX (103)363—8659 www.pullcom.com Attorneys At Law COLuN P.“RON banana s‘aREcK THOMAS r.MAxwELL.JR.”Mrs 1a smAm‘ EDWARD r.Mccnmur,m GROVE w.nonmm DAKYL L GORDONJessmAGnossm-m cmuis K CAMmELL.m.ANDRiw ;.McboNALD MARSHALL 1,TouruNsE nun-raw M‘musM/m FRANK a,cmuu’Roma 3V MrrcHELL JAMEs w.VENMAN nucy wHEum LENNoN sugxu ANN:DzNmN Hsuaem'H.MoomN wuum J.wENzsL Mum-«5w r.ummwascvDOWLmc.m n.Rom“Moms Mm:K wnnoNE Now a.wnuuK ANunw c,Gussww ALAN s mum JAMES r warm JR.yum A.MORGAN LAMIENCE J.comm mm V.PHELAN DIANE w wurmay mu s.oLsoN IRVEJ coénMAN mxorr a.wuAcK MARJORJE \mmgx MAM arm KAsrEx xAI-JCE sAxmr n.RziN: NANCY A.D.HANCOCK MJcmL a vxocroR Lzwxs mamovnz SAMUEL ~G'LuL‘ND amLosing . aoJfosEALzs H JosHuA A.HAwKsJADDs RICHARD c.mmNsoN “”Mm’Lom L.UNDLRBERGER Reply to:Hartford uAvm o.JACKSONGEORGEJ.RASRER moms A.Nous:LAURA A.EELLo‘L-n GREGoRy r.sERvaDxmo cnmmAN s.aELn owm R wEJSRERG MlcNAEL L wDLF Telephone:(860)541—3307 JOHN].KINDL MICHAELA KuRs RDNAw CASE SHARp ALLIsoN M.BoscSJAN MARcARET M.sHEAHAN RATHERJNE a mummy ALMEE)wool) E—Mall:.jklndl@pullc0m.com..NANCY DzFoNcE LAPERA JAMES T.SHEANN ADAM J,coHEN Hesketh EH 6 Creamery Brook -East Granby,CI'06026 st Associates,Inc.July 24,2003 Ms.Marcia Banach,Director of Planning Town of South Windsor 1540 Sullivan Avenue RECEIVEDSouthWindsorCT06074 F.A.Hesketh RE:Evergreen Walk Final Development Plan JUL Z.L'2603 South Windsor,Connecticut Our File:001 67.00 SOUTH WINDSOR PLANNING DEPT. Dear Ms.Banach: We have prepared this letter to respond to comments regarding the off—site improvements for the above referenced application.We are specifically responding to the memorandum addressed to you from Jeffrey Doolittle,P.E.,Town Engineer,dated July 3,2003.It is our understanding that the comments in this memorandum are being addressed by Fuss &O’Neill, lnc.,with the exception of comment number 14,which we will address herein. a.It is not possible to install steel span poles on the east side of Deming Street due to the location of overhead utilities on this side of the road.A horizontal separation of 10 feet is required between the primary electric cable and the steel span pole,and there is insufficient right of way to locate a span pole on this side of the road.It is standard practice to attach the span wire to the utility poles in locations where this situation occurs,and this is the design that is shown on the plans. b.Notes have been added to all signal plans regarding the brushed aluminum finish for the controller cabinets. c.The pre—emption note has been changed,as requested,on all signal plans. The revised plans submitted for the off-site roadway improvements include the above T:\001 67\|ifestyle\mban7243.|t1 Civil &Traffic Engineers s Surveyors -Planners -Landscape Architects Tel 860.653.8000 'Fax 860.844.8600 -email mail@fahesketh.com referenced modifications.We trust that they will be adequate to address the Town Engineer’s comments. Very truly yours, Manager of Transportation Engineering cc:Poag &McEwen Lifestyle Centers Evergreen Walk,LLC John R.Mallin Laurence P.Rubinow Alan F.Lamson Jay Giles Fuss &O'Neill IHC.Cmuum'ng Engilu’m‘x July 24,2003 146 Harlford Road,Manches‘er,CT 06040-5992 TEL 860 646-2469 FAX 360 643-631 3 \NTERNET www.fussandoneill,com Other OM55 West Massachusetts Dear Ms.Banach: We are in receipt of Mr.Jeffrey Doolittle’s comments (attached)dated July 3,2003 for the above referenced project.On behalf of the applicant,Poag &McEwen Lifestye Centers -Connecticut,LLC (“the applicant”)we offer the following responses: l.We respectfully question why this curb must be of granite.The Town of South Windsor does not require granite curb on any Town streets and there are no specifications for granite curb in the Public Improvement Specifications.The cost difference between the required bituminous curb and the requested granite curb is at least $30,000. That entrance is in Manchester and we are working to improve that radius with the Town of Manchester. We respectfully submit that the applicant should be required to install sidewalks only along the frontage of his development as is the normal andusualrequirementofanydeveloper.As shown on the Final Development Plan for the Shops at Evergreen Walk,the applicant proposes to construct sidewalks hom Tamarack Avenue to 240 +/-feet north of Hemlock Avenue,a total sidewalk length of 1,395 +/-feet.On the Buckland Road Widening Plans,the applicant will grade for sidewalks along the entire west side of Buckland Road,but the installation of sidewalks should be the responsibility of other future Evergreen Walk developers along Buckland Road as they apply for Final Development Plan approvals for their parcels,as did Expo and Casle/ECHN. The applicant is required to construct all of the necessary roadway improvements that are required by the State Traffic Commission.Those improvements do not include sidewalks. G:\P2000\481\P10\Response to Doolittle Comments dated 070303.doc Corres.(HQ) Providence,Rhoda Island Maxcia A.Banach,AICP Trumbu‘l,Connect‘cut Columbia,South CarminaDirectorofFlamingGreenville,North Carmina REC E'VE DTownofSouthWindsor 1540 Sullivan Avenue JU L 2-4 7W3SouthWindsor,CT 06074 SOUTH WINDSOR PLANNINGRe:Shops at Evergreen Walk —PZC Application #03—28P Response to Cements ofJeffrey Doolittle,P.E.,Town Engineer,Dated July 3,2003 on Evergreen Walk Buckland Road Widening. 35r©FUSS &O'Neill InC.Cmnu/Iingr hwy/mm Marcia A.Banach,AICP July 24,2003 Page 2 4.The applicant will provide additional street ROW along the propelty owned by or under the control of Evergreen Walk LLC.In those areas,the proposedstreetlinewillbeset10’-13’beyond the new face of curb. On the property of Dinh Hoang Luu,207 Buckland Road,the applicant proposes to provide approximately 9 feet of additional ROW and 6 feet of easement area so as not to make the property non-conforming by virtue of the front yard setback. The note for Type R1 MBR has been revised. The triangle shaped property is now shown to be deeded to the Town. Two of the three culverts will be extended to the west.The southern mostculvertdoesnotneedtobeextended.The work has been labeled asrequested. The work labeled “by others”will be done by the applicant,but will be done as part of the site development work.We prepared the plans such that the Roadway Widening and the Final Development Plan could be constructed atdifferenttimesbydifferentcontractors. We have revised the plans to show all structures,driveways,etc.to be removed. 10.We showed this because we are proposing to grade on the property acquired by the Town from the State.The property owner has been revised to show N/F Town of South Windsor.The “N/F State of Connecticut”has been removed. 11.We have relocated/modified the existing CB at Sta.13+90 as suggested. 12.The plans have been revised to show a raised median from approximately Sta.63+94 to Sta.81+35. 13.We straightened the yellow lines. 14.Steve Mitchell ofF.A.Hesketh will respond to this comment. 15.The labels identifying the location of the sections have been “tumed on”on the revised plans.The sections have been changed as requested to show the thicker pavement section. G:\P2000\481\P10\Response to Doolittle Comments dated 070303.doc Corres.(HQ) 5_r@ Fuss &O'Nel“InC.Crmw/lmg Enyinz'z/H Marcia A.Banach,AICP July 24,2003 Page 3 16.We did not feel that a gutter was necessary.The grade on Hemlock Drive would have to be increased in order to provide a gutter. l7.The plans have been revised to show epoxy resin. l8.OK. l9.We do not know why or how this happened,but these sheets are included in the revised set of plans,dated 7/24/03. 20.OK. Please do not hesitate to contact me at 646—2469 if you have any questions or need additional information. Sincerely, Jay .Gil .E. Senior Vice President Attachment c:Josh Poag —Poag &McEwen Alan Lamson -FLB Architecture G:\P2000\48l\Pl0\Response to Doolittle Comments dated 070303.doc Corres.(HQ) e ,P *WGHWEIE‘T R 3‘1 FLB Architecture&Planning,lm:.19 SilverLane East Hamotd GT06118'PLANN'N FE (860)568—4030 fax:(860)5G8-5129 e-mail:flb@flharch.com web:www.flbarch.cum July 31,2003 Planning &Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor,CT 06074 Re:The Shop at Evergreen Walk Poag &McEwen Lifestyle Centers e Connecticut,LLC Application for Site Plan Approval (03-28P) Project No.02805.10 Dear Commission Members: As testified to at the July 29,2003 public hearing on the subject application,the applicant hereby consents to an extension to September 10,2003 of the period in which a decision on the subject application shall be rendered.This consent is made in accordance with the requirements of CGS 8—7d(b). V ry truly yours, \lx WVM Alan Fr Lamson,AICP Agent for the Applicant Cc:Poag &McEwen Marcia Banach,Town Planner Atty.John Mallin,Cummings &Lockwood Updike Kelly &Spellacy P:\Projects\02805.1 0\FLB_ZONE\PZC030731 .Doc Protection)map for sparrows,eventhoughthatmapindicatesvtherearenosparrowsthereGalligancon-trnuedGeneral Growth Properties,theChicagobasedshoppingcenter glant owns Buckland Hills Mallwh1ch1sacrossBucklandRoadfromEvergreenWalkFormonths Updike Kelly,and Spellacy,hascontestedthepotentialcompetlngretalldevelopment “I fmd it amusing tha t "‘v now wants us to fight them again on ‘" another apphcatton when they renotevendoneexp General Growth;through the Hartford'law fnm of t l ' Walk "Updtke lobby 'stopher C Healy satd Thursd They realmostaskmgustodweltourfiretoanotherdevelopmentAmongother1ssuesGeneralGrowthhaselatmedtheEvergreenWalkSitecontainsendangeredspec1esmostsrgnrficantlythe grasshopper sparrow a fact unsu- Y/M/w Jr. wlv u;“1v r-amh‘3Wrwu’3"ab’bluGntSr naP‘N‘”3Wbn0m¢0$nmsnca m June éUU/v .._...--v v-u--__,t of the ”Plaza at Buckland Hills andthose50acreswantthearea‘rezoned for future coercral.developmentAn Updrke lawyer Thomas W..‘DeMllle once represented Down-‘- town ts not so sure“Downeast 1s one of the biggestmalldevelopersinthecountry andtheyandGeneralGrowtharebuy-ing up malls all the timei’Galligansaid“Maybe their thinking is if I pick on the Simon Debartolos WilltheSimonDebartolosstartpickingonus"’ General Growth Properties is thenationssecondlargestshoppingcenterownerbehindDowneastAssoc1ates. The developers of the EvergreenWalksitewhichwouldinclude 1 2millionsquarefeetofhotelretailandofficespaceareindependentGalligansaid. Town manager-Evergreen Walk opposmon Ignoring Similar Issues elsewhere east formerly known as Simon-Debartolo Inc and DeMllle nowrepresentsGeneralGrowth1n1tstightagainstEvergreenWalkUpdlkeofhcralshavesaidpartofthetightistheconcernnotJustfor.Evergreen Walk but the entire area“We are trying to be a good cor- porate neighbor To that end beingagoodneighbor1sstayingontop ofwhat1sintheneighborhood"Healysaidmanearliermtervtew“We have a vested interest m the com-‘munityBut this week when Downeast-applied to rezone the 50 acres-where the sparrows have beendetectedGeneralGrowthwasnowheretobefound“I can t speak about exactly whywehavenotdonethat”Healy saidThursday“I can only speculate thatwehaveenoughtodoWithEvergreenWalkbutlcantellyouthis1sntaboutcompetitionGalligananadrrnttedsupporter.of Evergreen Walk and the property I just find General Growth shollerthanthouattitudeveryamus-ing,Galligan said “Now you haveanothermalldeveloperandyetthatsdifferent?I guess they re notconcernedaboutthesparrowsoverthereGalligansaidthebirdswouldnot'be threatened by development of the50acresThegrasshoppersparrow,also known as the yellow-Wingedsparrowweighingmatlittle morethanahalf—ounce,is listed as anendangeredspeciesinthestatebut'has not been prominent here sincethe1930s,according to'the DER- g Evergreen ' study done by AWildlife BiologistMaryCCapkanInthatreportCapkamsclaimstherearenoendangeredbtrds atEvergreenWalkbutshedoessay'the sparrows nest at an undeveloped50acrecommercralSitenear thePlazaatBucklandHillsDowneastAssocrethowrs tax revenue it could generate for theatsene a i‘1 _mm .) i . p REsEix/EQ Memorandum SEP 1 1 2003 SOUTH WINDSOR PLM To:Marcia A.Banach,Director of Planning From:Jeffrey Doolittle,P.E.Town Engineer N53”y Date:9/1 1/03 Re:Evergreen Walk Buckland Road Widening Plans (03—28P) i have reviewed the revised plans for widening Buckland Road as part of The EvergreenWalkprojectthatwerereceivedon7/24/03 and i have the following comments: 1.All median islands in SW shall be raised and have granite curb around the noses Showaradiusdimensionandendingstationforeachmedianisland. 2.Provide additional street ROW to be deeded to the Town of South Windsor instead ofeasementsfortheroadwayimprovementsalongBucklandRoad.For example.onsheetCP.1 .3,show a new streetline,not an easement line over the wetlands for thesidewalk. 3.On Sheet CP.1.3 what is the guide rail easement for?The line looks like the fill slope.4.Label all structures,driveways,etc to be removed to complete the roadway improvements.ie.on sheet CP.1.4 label the driveway and barn to be removed. 5.Sheet CP.1 .5,still shows N/F State of Connecticut for property at #325 and #335.ThiswastobechangedtoN/F Town of South Windsor. 6.Add a note that utility poles to be reset are to be located at least 3 feet behind the proposed curb line. Show all existing traffic control handholes,loops,etc on the layout plans.Label the center median in Buckland Road as a raised curbed island.On Sheet CP.4.3andCP.4.4 change the note that points to the median from a 4"double yellow centerlinetocurbedmedianisland.The curbed median island should extend north past thenortherndrivewaytoaboutsta.89+50.The only cuts in the median should be for theEvergreenWalkdriveways 9 Show landscaplng for the entire center median on Buckland Road 10 Check the Traffic Control Signal Plans to be sure they agree Wtth the Road Layout Plans The layout for the north Site drtve on the Traffic Signal Plan does not appear toagreewithwhatisshownontheLayoutPlanSheet 11.Check to be sure there are no conflicts between the utilities and traffic control equipment and the road improvements including sidewalks,landscaping,guiderails,etc.12.Should there be more loop detectors in Deming St nearthe stop bars shown on theTrafficSignalPlanforDemingStatBucklandRd? 13.0n the Intersection Grading Plan (sheet DE,1.07)there is no gutter shown along Buckland Road in front ofthe center site drive.i suggest this be revised to show a gutter to keep the road water in the road,or a new catch basin be installed on each sideoftheentrancetothecentersitedriveway. CON n 14.The Traffic Control Plans need to be revised to show and account for the construction of a raised median in Buckland Road. 15.Make sure all the x—sections are labeled completely (ie sheet XS.1 .4) 16.0n sheet XS.1 .5,why is there a large level area in the road at sta.52+0?The road needs to have cross slope to drain.What is the cross slope at sta 51+8O and 51+50? 17.0n the x-sections,1:1 slopes (sheet XS.1 .19)and in some places 2:1 slopes are too steep.The short transitions from proposed to existing grade (ie sta.10+50)need to be more gradual.Change the slopes to 3:1 or less so they blend in better with the existing conditions. 18.Make sure the proposed grading does not create depressions offthe road where water will pond.(ie sta 13+O and 13+50 on sheet XS.2.2) 19.The Town Standard for minimum drainage pipe size in the road is 15"Check that all pipes are at least 15".(ie sta.15+O and 15+10.4 on sheets CP.2.6 and XS.2.3) 20.A Street Cut Permit will need to be taken out forthe roadway improvements. Please call me if you have any questions.Thank You. i have reviewed the revised plans for widening Buckland Road as part of The EvergreenWalkprojectthatwerereceivedon7/24/03 and l have the following comments: 1.All median islands in SW shall be raised and have granite curb around the noses Showaradiusdimensionandendingstationforeachmedianisland2.Provide additional street ROW to be deeded to the Town of south Windsor instead ofeasementsfortheroadwayimprovementsalongBucklandRoadForexampleonsheetCP.1 .3,show a new streetline,not an easement line over the wetlands for thesidewalk. 3.On Sheet CP.1 .3 what is the guide rail easement for?The line looks like the fill slope.4.Label all structures,driveways,etc to be removed to complete the roadwayimprovements.ie.on sheet CP.1.4 label the driveway and bam to be removed was to be changed to NIF Town of South Windsor. 5.Sheet CP.1 .5,still shows N/F State of Connecticut for property at #325 and #355.This Add a note that utility poles to be reset are to be located at least 3 feet behind theproposedcurbline. Show all existing traffic control handholes loops etc on the layout plansLabelthecentermedianinBucklandRoadasataisedcurbedisland 0n Sheet CP 4 3andCP.4.4 change the note that points to the median from a 4"double yellow centerlinetocurbedmedianisland.The curbed median island should extend north past thenorthemdrivewaytoaboutsta.89+50.The only cuts in the median should be for theEvergreenWalkdriveways. 9.Show landscaping for the entire center median on Buckland Road10.Check the Traffic Control Signal Plans to be sure they agree with the Road LayoutPlans.The layout for the north site drive on the Trafhc Signal Plan does not appear to...:u_”J.AT a, 00V 07 09/12/2003 FRI o9:51 FAX 860 644 7280 South Windsor Town Hall o o 1 ***FAX TX REPORT *** TRANSMSSION OK JOB N0.0274 DESTINATION ADDRESS 96436313PSWD/SUBADDRESS DESTINATION ID ST.TIbE 09/12 09: USAGE T oo'36PGS.2 Mz‘ehdé éw/ém RESULT OK $43 03/3 REgEn/ED Mfax)Memomndum SEP 1 I 2003 MyraW/SOUTH WINDSOR PLANNING 0m, To:Marcia A.Banach,Director of Planning From:Jeffrey Doolittle,P.E.Town Engineer 9%?Date:9/1 1/03 Re:Evergreen Walk Buckland Road Widening Pians (03—28P) 3 W m Marcia Banach.Director of Planning,Town of South \Mndsor Fmm:James G.Bubaris,PE. Fax:1-860-644J280 mm:Three (3) Phane:1-860-644»2511.X250 Date:June 19,2003 Ra:Peer Review—Evergreen Walk,Buckland Road,South Windsor,CT cc:File Human:DFovReview DPleasacomment DFotAmn XAsRaquested 9W We have reviewed the folluwing two plans and offer the foIIOwing preliminaly comments: A.Evergreen Walk -Buckland Road/Street \Mdening,dated April 2003 B.The Shops at Evergreen Walk—Flnal Development Plan,dated May 8,2003 Evergreen Walk --Budtland Road/$tteet \Nideninq 1.Consider lengthening the proposed lengthened median on Buckland Road on sheet CP,4V1 falther to the north to prevent a northbound vehicle from tuming left into the site drive. The proposed pavement markings for the second drive on Sheet CP.4.2 should be clarified:The outbound left lane should either be a combination left/through or a left only.If a led only,then leh an‘ows should be provided.The right lane should be striped with right arrows. ls the westbound lett-tum lane on Deming Street approach to Buddand Road on Sheet CP.4.6 long enough? The signal plan for the southem site drive intersection opposite Northem Hills Drive is missing a sequence diagram.Are the arrow markings needed on :BUBQRIS TRnFFIc QSSDcmTES PHONE NU.:2a3 397 3642 Jun.19 2&3 @3:13PM P1 RECE IVED @ w IE?)A R I]S 'PLANNING JUN 1 9 2003ScummNDSDRPM U ENGINEERING NNWGDEPT y AND DESIGNA$S©©IAT ES 270 Am'rty Road.Suite 130 Woodbtidge,CT 06525—2236 Telephone:(203)397-3600 Telecopier.(203)397—3642 i EUBQRIS TRQFFIC QSSDCIQTES PHONE NU.:Qcm :2B3 397 3642 .Tul.23 2883 11ISEQM P2 approach Ianes which process “normal”movements,such as the ihrough lanes and the combination lemthrough lane?Should crosswalks be provided across the east and somh legs to conned the sidewalks?The dosed loop master and system information has not been tilled in,probaoly awaiting the assignment of intersection kl 5.The signal plan forlhe center site drive intersection is missing a sequence diagram,as well as pre-empt phasing assignments in the movemeni diagram. The closed loop master and system information has not been hlled in,probablyawaitingtheassignmentofinterseaion#s.How and where will utility poles on east side be guyed and anchored? 6.The signal plan forthe northem site drive intersedion is missing a sequence diagmm‘as well as pre—empt phasing assignments in the movement diagram. The closed loop master and system information has not been mled in,probablyawaitingtheassignmentofintersection#s.How and where will utility poles on east side be guyed and anchored? 7.The signal plan forthe Deming Street intersection needs to have pre-empts 1 and 2 identined in the movement diagram.The closed loop master and system information has not been hlled in,probably awaiting the assignment of intersection #s, 8.We note that consideration is being given to providing a painted continuous left. tum lane median on Buckland Road versus a raised or painted median that allows led-turns onty at designated locations.Although these continuous left-turn lanes have proved successful on low speed,urban roads,the speed of trafho on Buckland Road raises a safety concern.Consider the scenario where you have two approaching vehicles from opposite directions converging upon each other as they both move toward the center median to make their respective lett tums. Such would create a serious potential for head-on collisions.and therefore such treatment for Buckland Road is not recommended. The Shops at Evergreen Walk ~Final Development Plan 1.Consideration should be given to providing a southerty connection to the parkingareasbehindBuildings800AthroughC.rather than requiring everyone who t ,enters from the south site drive to drive down the Center Access Drive before reaching such a connection.Possibly this connection can be made between Buildings BOOB and C if B is made smaller (see Sheet CS1 .1).The East Access Drive which provides a rear connection to this parking area is too oiose to Buckland Road. 2.Consideration should be given to reducing the number of access points to andfromparkingareasalongtheWestAccessDrive(see Sheets CS.1 .2 and 6.8.1.4) 3.The intemal curb radii need to be reviewed to make certain that trucks and truck deliveries can be accommodated. 4.Handicapped parking spaces should have cross-hatching on both sides of eachspacer i 5.The horizontal curve at the south end of the West Access Drive (see SheetCS.1.2)shouid be sonened. TQOM i EUBQRIS TRRFFIC ASSUCIQTES PHONE NU.:2Z3 397 3642 Jul.23 2Q83 11:589M P3 6.Whai is ‘CS”behind me angle parking spaces along the Center Access Drive (see Sheet CS.1 .3),and what purpose does it serve? 7.Consideration should b8 given to installing crosswalks throughout the site, particularly between handicapped ramps. 8.There are no provisions for pedestrians traveling thmugh parking areas,includingramps,crosswalks.and sidewalks. There are many intemal inlersections that have no traftic control whatsoeverwhileothersseeminglylesstraveledonesdo.Together with points 2 and 8 ' above,consideration should be given to what and how trafhc controls within parking areas will be applied,and how these parking areas will interface with the“collector’roads around them. Some of the dedicated left-tum lanes seem very short (e.g.see Sheet CP.1.5)suggesting that these roads be widened to have two fuli lanes in each direaionwiththemedianinbetween. .There are some trafhc calming measures proposed.but probably not enough.ifadditionaltrafficcontrolsinthewayofstopsignsandcrosswalkswillbeconsidered,installing rumble pavement or textured pavement may providesuitablealtematives. Please call with any questions. l."/ . 1540 Sullivan Avenue.South Windsor,CT 06074 PH 644-2511 ext 253 Fax 6444280 As promised,attached are the review comments from Close,Jensen and Miller (representing the MallatBucklandHills)regarding the Shops trafhc. South WindsorPlanningDepartment To:Jim Bubaris From:Marcia Banach Fax:203-397—3642 Pages:4 Phone:Date:09/09/03 Re:Shops at Evergreen Walk CC: D Urgent D For Review D Please Comment D Please Reply D Please Recycle Memorandum To:Marcia A.Banach,Directorof Planning From:Jeffrey Doolittle,P.E.Town Engineer Date:9/1 1/03 Re:Evergreen Walk Buckland Road Widening Plans (03-28P) i have reviewed the revised plans for widening Buckiand Road as part of The EvergreenWaikprojectthatwerereceivedon7/24/03 and i have the following comments: 1.All median islands in SW shall be raised and have granite curb around the noses Showaradiusdimensionandendingstationforeachmedianisland. 2.Provide additional street ROW to be deeded to the Town of South Windsor instead ofeasementsfortheroadwayimprovementsalongBuckiandRoad.For example,onsheetCP.1 .3,show a new streetline,not an easement line over the wetlands for thesidewalk. On Sheet CP.1 .3 what is the guide rail easement for?The line looks like the fill slope.Label all structures,driveways,etc to be removed to complete the roadway improvements.ie.on sheet CP.1 .4 label the driveway and barn to be removed.5.Sheet CP.1 .5,still shows N/F State of Connecticut for property at #325 and #335.ThiswastobechangedtoN/F Town of South Windsor. 6.Add a note that utility poles to be reset are to be located at least 3 feet behind the proposed curb line. 7._/Show all existing traffic control handholes,loops,etc on the layout plans.@K Label the center median in Buckiand Road as a raised curbed island.On Sheet CP.4.3andCP.4.4 change the note that points to the median from a 4"double yellow centerlinetocurbedmedianisland.The curbed median island should extend north past the northern driveway to about sta.89+50.The only cuts in the median should be for theEvergreenWalkdriveways. .Show landscaping for the entire center median on Buckiand Road.10.Check the Traffic Control Signal Plans to be sure they agree with the Road LayoutPlans.The layout for the north site drive on the Traffic Signal Plan does not appear toagreewithwhatisshownontheLayoutPlanSheet 11.Check to be sure there are no conflicts between the utilities and traffic controlequipmentandtheroadimprovementsincludingsidewalks,landscaping,guiderails,etc.12.Should there be more loop detectors in Deming St near the stop bars shown on theTrafficSignalPlanforDemingStatBuckiandRd? 13.0n the Intersection Grading Plan (sheet DE.1 .07)there is no gutter shown alongBuckiandRoadinfrontofthecentersitedrive.i suggest this be revised to show a gutter to keep the road water in the road,or a new catch basin be installed on each sideoftheentrancetothecentersitedriveway. #60 14.The Traffic Control Plans need to be revised to show and account for the construction ofaraisedmedianinBuckiandRoad. 15.Make sure ail the x-sections are labeled completely (ie sheet XS.1 .4)16.0n sheet XS.1 .5,why is there a large level area in the road at sta.52+0?The roadneedstohavecrossslopetodrain.What is the cross slope at sta 51 +80 and 51+50’?17.0n the x-sections,1:1 slopes (sheet XS.1 .19)and in some places 2:1 slopes are too-steep.The short transitions from proposed to existing grade (ie sta.10+50)need to bemoregradual.Change the slopes to 3:1 or less so they blend in better with the existingconditions. 18.Make sure the proposed grading does not create depressions off the road where waterwillpond.(ie sta 13+O and 13+50 on sheet XS.2.2)19.The Town Standard for minimum drainage pipe size in the road is 15"Check that all pipes are at least 15".(ie sta.15+0 and 15+10.4 on sheets CP.2.6 and XS.2.3)20.A Street Cut Permit will need to be taken out for the roadway improvements. Please call me if you have any questions.Thank You. 09/15/2003 MON 14:26 FAX 860 644 7280 South Windsor Town Hall 001 i*~k********~k*~k~k******~k***** ***FAX MULTI TX REPORT *** ****i********************** JOB NO.0288 PGS.3 TX/RX INCOMPLETE TRANSACTION OK 95482680 95685129 ERROR 40 Sumvan Avenue.South Windsor.CT 06074 PH 644-2511 ext 253Fax“Mm U Urgent E]For Review D Please Comment D Pleése Reply D Please Recycle Attached please mud a copy of the memorandum submitted by Jim Bubaris P E the Town's consultantstrafllcengineer.regarding the Shops at Evergreen Walk.This memoranrlurn 1M“be provided to thePlanningandZoningCommissionattomorroWsPZCmeeting. 15 South Wi ndsorPlanningDepartment Alan Lamson,FLBT°=John King,Updike Keuy &Spenacy From:Marcia A.Banach,Director of Planning Fax:Pages:3 Phone:Date:09H 5/03 Re:Shops at Evergreen Walk cc: FROM i BUBQRIS TRQFFIC QSSUCIRTES PHONE NU.:233 39?3E42 Sap.15 2283 11:399M P1 [3 u3 3%A Ea Hg .‘ EFMQ F F H@ ‘E:‘ENGINEERINGPLANNING $$©©IATES v I AND DESIGN Fmm:James G7 Buban‘s,PE I —Fax:1-860-644—7280 Pagas:Two (2) Phone:mam—644451 1,X250 Data September 1 5,2003 Re:Peer Review —Evergreen Walk,Buckland Road,south Windsor,CT cc:File O Cm We have reviewad the following two plans and two letters and offer the following comments: o Evelgreen Walk ~Buckland Road/Street \Mdening,dated April 2003 and revised throughSeptember11,2003. o The Shops at Evergreen Walk E Final Development Plan,dated May 8,2003 and revised throughSeptember11,2003' ~Final Development Plan led-er from F.A.Hesketh &Associates dated September 5,2003. ~Final Development Plan letter from F.AA Hesketh &Associates dated September 3,2003. Everqreen Walk —Buddand Road/Street ViHdeninq We dud the proposed widening,pavement markings,trafnc signing,lane anangernents and raisedmewanonBuddandRoad,and the four We signals at the intersections of (1)Buckland Road atTamarackDrive/Northem Hills Drive,(2)Buckland Road at Hemlock Drive,(3)Buckland Road atEvergreenWalkNorthSiteDrive,and (4)Buckland Road at Deming street,to be satisfactory. The Shops at Everqreen Walk —Final Development Plan We find the proposed intemal roadways and intersections,parking arrangements,simulationpatterns,traft’rc signing,pavement markings,trafttc controls,and proposed roundabout at theintersectionofHemlockAvenue(Drive)at Evergreen Way,to be satisfadory. 270 Amity Road,Su'rte 130Woodbn'dge,CT 06525-236 Tetephone:(203)397-3600 Telecopier:(203)397-3642 RECEIVED SEP 1 5 2003 To:Mamia Banach,Diredor of Planning,Town of Soum VWndsor SOUTH WINDSOR PLANNING DEPT, BUBQRIS TRRFFIC QSSUCIQTES PHONE ND.F‘RDM ::2%3 39?3642 Sap.15 2883 11:39QM P2 Final Develognem Plan lettets from F A.Hesketh &Assuciates These two letters summan‘zing evaiuation of tramc operations along Hemlock Avenue (Dlive)indicatethattheproposedlanearrangementsforthethreeintemalintetsedionsalongHemlockAvenue aresaiisfadorytoawomrnodatetheanticipateddistributionofsiiegeneraedtramswithinthesite‘ We concur with the methodology employed and with the consuitant’s findings that these three intemalintersectionswilloperatesaiisiadon'ly as two-way stopcontmlled intersections. However,we note that a roundabout intersection is now proposed for the middle intersection ofHemlockAvenueatEVergreenWay,with yield-contml on all four approacheel and we encourage thatthisroundaboutbetriedatthislocation.Should it later be found that the proximity of this middleinterseaiontotheothertwointersedions03.,one on each side)makes for “dimouit’operations at thisroundabout,the roundabout can be easily convened to a “traditional"four-way intersection,with twowaystopcontrol.by removing the circle within the roundabout. Please call with any questions. Respectfully submitted, Bubaris Traffic AssociatesWQ.W James G.Buban‘s,PE. Conn.Reg.No.9203Principal Appl #03-28P Shops at Evergreen Walk Planning Dept.Report Update for 9-16-03 Public Hearing With us tonight is Jim Bubaris,our traffic engineer,to present his findings andanswerCommissionquestions. This application has progressed to the stage where the major staff concerns havebeenaddressed.There have been several accomplishments in the site planningsincetheCommission’s previous public hearing in July.These include: l.Resolution of traffic issues.The traffic concerns previously expressed bystaffhavebeenresolvedtooursatisfaction.One of the biggestenhancementstothesiteisanattractiveroundaboutatthenorth end ofEvergreenWalk,which will serve several functions:managing traffic flowandleft-turn movements;improving pedestrian access across the wide mainentrance;and improving site aesthetics at this main entrance into the Shops. 2.Building side elevations.Sides of buildings have been enhanced as shownontherevisedarchitecturalelevations. 3.Control of properties needed for widening.The Town Council has executedanagreementwithEvergreenWalk,LLC,indicating that if necessary,theTownCouncilwillassistWiththeprocurementofpropertyneededtoaccomplishBucklandRoadwidening.We have a copy of that agreement intheapplicationfile. 4.Water Pollution Control Authority approval has also been obtained for thesewerconnectlons. up ink?(/K/‘gz/r r,0 l If this applicatlon 1s approved Wdoheedtodfinahadlanscapin 3 c d i plansrfio'r’zboiththe”r.oundabo,ut and the Buckland Road medlan. J l XW wail M t If I l ‘wfg’/:I x / p‘ //;1/ ham/A j‘w J hW‘f)”0 dg “ South Windsor Parks and Grounds / Director of Flaming ”1%‘t/i TO:Marcia Banach FROM:Karl Reichle Superintendent of Parks and Grounds /Tree Warden SUBJECT:Buckland Rd.Median DATE:September 23,2003 After reviewing the landscape plan for the median strip on Buckland Rd.Ihave some concerns for the so-called “low maintenance”planting plan.Low maintenance is a term some people like to use to imply that the plantings won’t take too much work or money to maintain.It all goes back to that old adage,you get what you pay for.If yournotwillingtopaytomaintainalandscapeyouwillultimatelybedisappointedwiththe way it looks. With that said my first suggestion is to have an irrigation system installed in the planting area.The Town of Manchester’s median strips along Buckland Street are fully irrigated. Iwould like to see a more detailed planting design for the median strip.The size and number ofplants,specific varieties of plants,a detail of the depth and type soil to be used.I don’t see any mention of a weed barrier being used in the planting or mulch of any type. If the thoughts are to have a pleasant looking center median,it will take additional resources to accomplish a well—maintained center median. When a more detailed landscape plan is presented I will be more than happy to look at it and make whatever comments are needed. I am more than happy to work with the Landscape Architects on the details. CC:Michael Gantick,PE Jeffery Doolittle Taking Care of South Windsor’s Growing Needs MemOrandum To:Kevin McCann,Chair -South Windsor Planning and Zoning Commission CC:IWA/CC,Town Engineer From:Elizabeth A.Warren -Chair,South Windsor Inland Wetland/Conservation Commission Date:September 18,2003 Re:Appl.03-28P,The Shops at Evergreen Walk We would like to recommend that grading of the eastern slope and the proposedlandscapingplanbedesignedtomaximizescreeningofthesitefromBuckland Road.The eventual replacement with a significant treeline on the slope will buffer the sight of the proposed commercial development at an area where people are entering the Town. PUBLIC ROADWAY IMPROVEMENTS AGREEMENT This Public Roadway Improvements Agreement dated as of September _,2003,is an agreementbetweentheTownofSouthWindsor,a municipal coxporation within the County of Hartford and State ofConnecticut(the "Town")and Evergreen Walk,LLC,a Connecticut limited liability company (“EW”)havinganofficec/o John Fmguerra,1109 Rose Lane,Virginia Beach,Virginia. Whereas,EW,in conjunction with the development of property that it owns in the Town of SouthWindsor(“Evergreen Walk Development”),by letter dated February 27,2002,was informed by the StateTrafficCommission(“STC”)that Traffic Investigation Report No.132-0104-01 was approved at the February26,2002,meeting of the STC,a copy of said Approval Letter and Traffic Investigation Report is designatedExhlbltAannexedhereto,incorporated herein,and made a part hereof;and Whereas,the Approval Letter recommended that the STC issue a Certificate to EW for the Evergreen Walk Development based upon numerous conditions,including the completion of certain roadwayimprovements1ntheTownofSouthWindsor(“Roadway Improvements”);and Whereas,the Planning and Zoning Commission approved a General Plan of Development on October17,2001,which approval requires additional site plan approvals prior to construction,and the site planapprovalsestablishthefinalroadwaywideningscopeanddetails;and Whereas,title to certain properties,easements and other rights are needed from property owners in order to make certain of the Roadway Improvements because the construction of said Roadway Improvements1naccordancewiththestandardsestablishedbytheTownandbythePlanningandZoningCommission in its site plan approvals cannot be accomplished within the available Town right-of-way,and the Town requires that1tobtaintitletotheroads;and Whereas,it is important to the Town that the Roadway Improvements be made in order to protect andimprovethefunctionalcharacteristicsofthepublicroadwaysandthesafetyofthetravelingpublictoandfromthepublicroadways,to permit the convenient,safe,and expeditious flow of traffic in the Town; Whereas,said title to certain properties,easements and other rights that need to be acquired in order tocompletetheRoadwayImprovementsareshownoncertainmapsorplansentitled,“Evergreen Walk SouthWindsor/Manchester °Connecticut Buckland Road/Street Widening April 2003 PROJ.No.:2000481.R10DATE:APRIL 2003 all sheets as listed on sheet GI.1,latest revision 07/23/03”and subsequent revisions thereto(the “Easement Plan”);and Whereas,the title to certain properties,easements and other rights that need to be acquired arecollectivelyreferredtohereinas“Conveyances nom Others”;and Whereas,EW is prepared to cause the Roadway Improvements to be undertaken and completed,and theTownispreparedtotakewhateverstepsarenecessaryasdescribedhereintoensurethattheworkcanbelegallyundertakenbyEW;and -Whereas,in order to construct the Roadway Improvements in accordance with Flaming and ZoningComm1ss1onsiteplanapprovals,the Town’s standards and the requirements of the STC,the Town and EW l EW»Evergrccn Walkkoadwayagnm\public.roadway.impmgrmtsouthwindsor.5,1inal.doc desire to enter into an Agreement that will facilitate and permit the expeditious implementation and constructionoftheRoadwayImprovements. Now,Therefore,in consideration of the premises and the mutual covenants hereinafter contained,thepartiesherebycovenantandagreeasfollows: 1.EW will,at its cost and expense,construct and install or cause to construct and install the RoadwayImprovementsincompliancewiththesiteplansapprovedbythePlanningandZoningCommission andtheTown’s standards with respect thereto. EW will,on or before March 16,2004,at its cost and expense,make good faith efforts to obtain theConveyancesfromOthers,including,Without limiting the generality of the foregoing,those effortsreasonablyandcustomarilyexpendedbyabonafidethirdpartyseekingtopurchaseaninterestinrealproperty. If EW,after making good faith efforts,is unsuccessful in obtaining the Conveyances from Others,as aconditionprecedenttogivingthenoticerequiredinparagraph4,infra,EW agrees to provide to theTownthedetailsofsuchgoodfaithefforts,including the offering price,a copy of EW’s appraisal,and acopyoftheproposedtakingmap,and the Town,after review of EW’s appraisal report,shall have therighttoobtainanotherappraisal.Upon completion of that subsequent appraisal,if deemed necessary bytheTowninitssolediscretion,the Town may,if the subsequent appraisal amount is greater than the firstappraisal,require EW to offer the subsequent appraisal amount to the offeree before EW can give noticetotheTownpursuanttoparagraph4,infra. If,on or before March 16,2004,EW has not obtained the Conveyances from Others and has compliedwiththeprovisionsintheprecedingparagraphs,the Town will,upon notice from EW (“EW Notice”),and within ninety (90)days from the date of receipt by Town of EW Notice,exercise its good faithefforts,to the extent permitted by law,to obtain by purchase,condemnation or any other means that itmaychoose,the Conveyances nom Others because it is important to the Town that the RoadwayImprovementsbemadeinordertoprotectandimprovethefunctionalcharacteristicsofthepublicroadwaysandthesafetyofthetravelingpublictoandnomthepublicroadways,to permit theconvenient,safe,and expeditious flow of traffic in the Town.The notice nom EW referred to in theprecedingsentenceshallhaveincludedwithitacopyoftheappraisalthathadbeenperformedand acopyofthewrittenoffertopurchase,and a copy of the proposed taking map.EW hereby agrees that itwillreimburseTownthefollowing:direct expenses that Town may incur in furtherance of the Town’sobligationspursuanttothisAgreement,including,but not limited to,outside counsel,appraisers,andengineers.EW hereby agrees that Town may invoice EW for said expenses prior to the Town’spaymentofsaidexpenses,and EW hereby agrees to pay to the Town the invoice amount within fifteen(15)days of EW’s receipt of the invoice. The paities understand that time is of the essence in obtaining the Conveyances from Others.EWunderstandsthatifacondemnationisneededtoobtaintheConveyancesnomOthers,that any suchcondemnationrequirestheapprovaloftheTownCounciloftheTownofSouthWindsor.Accordingly,the Town hereby represents that it will,in the event condemnation is needed,submit that request to theTownCounciloftheTownofSouthWindsorwithinthirty(30)days from the date of the Town’s receiptoftheEWNotice. EW-Everyeen Walkhadwayagmt\public.roadway.impragnntsouthwindsorj.finaldoc EW will pay any and all costs and expenses incurred in purchasing,condemning or otherwise acquiringConveyancesfromOthersfortheRoadwayImprovements. A11 notices required or permitted by this Agreement shall be in writing,and shall be sent by registered orcertifiedmail,retum receipt requested,or by Federal Express or other comparable next day deliveryserviceorpersonalservice,shall be deemed given on the date of receipt and shall be addressed,in thecaseoftheTownto: Town of South Windsor Attention:Town Manager 1540 Sullivan Avenue South Windsor,Connecticut 06074withcopiesto: Town of South WindsorAttention:Town Attomey1540SullivanAvenue South Windsor,Connecticut 06074 Town of South Windsor Attention:Town Engineer 1540 Sullivan Avenue South Windsor,Connecticut 06074 and in the case ofEW,to: Evergreen Walk,LLC Attention:John Finguerra,Member1109RoseLane Virginia Beach,Virginia 23451 with a copy to: Laurence P.Rubinow,Esquire Woodhouse,Rubinow &Macht,P.C.555 Main Street Manchester,Connecticut 06040 or to such other address as shall from time to time be supplied in writing by any party to the other partieshereto. EW shall have the unrestricted right to assign or otherwise transfer its rights under this Agreement. The covenants and agreements herein contained shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 10.This Agreement sets forth all (and is intended by the parties hereto to be an integration of all)of the promises,agreements,conditions,understandings,warranties and representations between the partieshereto. EW-Evergreen WalkVoadwayagn-mwblicmadway.impragrmt southwindsor.5.tinal .doc 11.Thxs Agreement may not be modlfled or amended except by a wntmg s1gned by each ofthepameshereto 12.A rullng by any coun or admmlstratlve body that a portlon of thls Agreement ls 1nva11d orunconst1tut10na1shallhavenoeffectontheothertermshereofwhlchshallremam1nfullforceandeffectandbmdmgonthepartreshereto 13.This Agreement shall be interpreted and enforced in accordance with the laws of the StateofConnecticut. In Witness Whereof we have hereunto set our hands and seals on the day and year firstabovementioned Signed,Sealed and DeliveredinthePresenceof: TOWN OF SOUTH WINDSOR Matthew B GalhganItsTownManager Duly Authorized EVERGREEN WALK,LDC Ew-Evu'gzcai W.uk'roadwtyagmmpuhliumdway inwprramursouuiwiudsor5firm doc STATE OF CONNECTICUT )ss.South WindsorCOUNTYOFHARTFORD officer,personally On this Z appeared 7%day Matthew of September, B.Galligan, 2003, Town before Manager me,{W’of the OWN Z OF@fg/dSOUTH WINDSOR,,the undersigned knowntometobethepersonwhosenameissubscribedtothewithininstrumentandacknowledgedtheforegoingto behisfreeactanddeedandthe&ee act and deed of the said TOWN OF SOUTH WINDSOR. In Witness Whereof,Ihereunto set my hand and official seal. My commission expires:[[3 {Q -Qé On this 3rd day of September,2003,before me,Laurence P.Rubinow,the undersigned officer,personally appeared John Finguerra,a Member of EVERGREEN WALK,LLC,known to me to be the personwhosenameissubscribedtothewithininstrumentandacknowledgedtheforegoingtobehisneeactanddeedandthefreeactanddeedofthesaidEVERGREENWALK,LLC. In Witness Whereof,Ihereunto set my hand and official seal. Eémw.(be ; Laurende P.RubinowCommissioneroftheSuperior Court EW-Evergreen Walkkoadwayagrmtwublic.roadway,impr.agnm,southwindsor5.finaldoc STATE OF CONNECTICUT ) )ss.ManchesterCOUNTYOFHARTFORD) February _27.2002 Mr.JOhn Finguerra @©PEvergraenWaliLLC.-I1109RcseLane >Virginia Beach,VA 23 FI S.,- Dear Mr.Finguerra: Subj ect:Town of Scuth Windsor Evergreen Walk ' Enclosed is a copy 0c Tra£fic Investigation Report No.approved at:the February 25,2002 me ting ol:the Statedetailingconditionsfortheissuanceo 132-0104-01aTrafficCommission,a Certiticate. In accordance with Section 14-311 of the General s.tatutes,abuilding/foundation per-Tit cannot be obtained from the Town until a Caz-ti £icateisissued.I A certificate will gt be issued until a bond,sufficient to cove-r thefull‘cost of implementing the required imPFOVements,has been posted witz;theDepartmentofTransportationDistrictNo.I Orfice (At‘:Mr.‘George A.Payne)at 1107 Cromwell Avenue in the Town of Rocky Hill,CT 06067 (860)258—45M-asnotedinConditionNos.13 and 15,and thiS Office has been so notifiéd"TheapprovalwillexpireonFebruary2S,2004 if a bond has not been Dostedand alltherequirementssatisfied.- Additionally,an encroachment permit must be obtai Also,enclosed is the Procedure for Filing Certifi ht-of-wav..H h‘'_ned from that officepriortoperforminganyworkwithintnestatehignwayrig Investigation Reports on Land Records (when the certiftosatisfyConditionNo.l7. cates and Trafficicatehasbeenissued)I Very truly ~.3 ”Lafb tCh‘fv-MLgée Joseph -San s—€s71o“--—-,:.:..——~Executive Director Enclosures CC: -.-...o-;__issuance with Sm”d Zoning Commission Mitchell,DE. O’Neill n Exhibit A W.%§M E . STATEOFCONNECTICUT STATE TR‘AFFIC COMMISSION DEPARTMENT OF TRANSPORTATION MEMaaas Commissionet ot’Tuupoxuu’cu Ca ‘c¢.2300 BERuN TURNPIKE,P.o.Box 317546 NE'WINGTON,CT 06 131.7546 ' Ca i a ' emu? 3f”e:O!my:Sf“, nuuouet af Mom:Vchxclgg Phone:(860)594—3020 In ac~ordanc:with Sc aon 14.ll or thc COflnc'uCut Gmc'al Stamm as rmscd,1t ls rcvommcadathatthcStat:Tmmc CommsS'ou (STC)155115 3 cmcam to EVCTwm W 31k.LLC for the Eve'wc‘nWag: 600 000 Dcvaoomn: sa ‘L omc- comma arc:a In 1,_do 000 000 sa 'r.sun mall (750arca) room mth hotcl 00 parhng 73 000 sci mdoor n canon am, South Wmcsor,mung 0w:in:Opacon tbs:CI "’7‘!“m “““c'h “4C salCi'v ox mvs die nunhc on Bucklana Roan m This rccammcadmon is r::‘:r:nc:d :0 plans :JI'Cpartd by and mu‘tlcd,as follows; “Gcncmi Plan of Dcvclopmc't —Niaszc'Han —-Evc'wca Waik EZ-3,dntcd 5124/01 and last *nsca 9/4/01 Plan prrarca 0y FLB in. {rm-con Walk,[LC -$16dW‘mc &Planmnc Inc. Tc:following pians wcr:prcparcc by 12A.ncszcezh &.csociam,Inc. ‘Roadway Lmgrovcm ..r Ptan pr ..or tvc’zrcm Walk Bucgmm StC‘:at L84 eastboundramps,Manc‘acstcr,Connccu‘cat Sac No I or 11 datcd 711.1/01 am 135;.a 1/2/02. ‘QOad‘Wv I’mnrovcwmt Phi-1 -prtp‘m'x‘ICF $57171 Wdk —Bucg!and SE63;Mancl'msttrConne....c""Sn:No 0f11.d3t¢5‘;-’1"0--i ‘Raacww Imgrowm’m 3‘."—“"33-=3 A sr :‘icrzcta Wv 34A 1 —Buc Jana Ste”at Davdiions Drive-NLnmcs‘ca County ut’buxtNo :or ‘1 0am!//1 VOI anu us:—"1sca Judgl “QGaC'wv .rnarovc.“c'1t Plan ~arccarcd for Eve'wc-‘x Waik --84 W3 a ‘TAD o Pleasant VallsvKoauVlmcz:‘m'Connccicut"Shcst No.4 Jf 'I car“.11 ‘IO'and 4A ’C‘Pse'w ?/1 ~[O7 Rmc‘wv W'wo‘vazztn'?':.::—_,.-"1:::1 :or ~"P‘gr::n Wait -[-34 2‘3 Q.a r,«U ‘0 D‘czsant "' R030.\x 1 :50“.Com.cu..\.‘.."..ha»\o ‘3‘chad 7/1301 md E015 Lea”r,’)O7 v az::y ”Ros.“3v L'nv‘rovcm’m w“‘P733339:fer ~‘73—'33“WEE:~.«dcmw Koac ~South vv'q -Ce m-::cut :hcsz Nos.a.:2.9 of '.'-..dam:—I 10/0:inc Eastm'nscal 1»-IO 2_,; z “era/=4 Ce'mi 5‘Ara“ tins is a :"ve Cvp" tc<egn Qan.§r}‘enO alwga(VLML’M 10 (U,. STC No.132-0 104-01 South Winds'orEvagrcznWaik,LLC Csunccucur’ “Roadway ' Improvement v Sam:V No.’IO Plan 0r -11, -~pr:;ar::icatsa-'4/10/01 for Evctgru and ~1msucwsca Waik.._ 1/1/02. Buckiand Road —South WhdsoV1 r ’ Conn ‘Qoadwav .’4‘.-.;.u Imurovrczt n SncstNo.a u: 1.1 Plan or '11, — aaua~pr caarcd24/.0/011 for and Evcrzrcm ‘lanc‘nscav _- W .1f1g ' 1/2/01 Dmg,‘Ste:t’' south wmascr’... I'hismccommcndau'on is based on the following condiu'ous: 1.Tnat thc proposed $itc drivcs on Buckiaud Road and Deming Su-cvgcomctryassnown‘on :hc above-rcxccncoa g 'plans.. ‘t be located and I reflect the -.That tho ownc:pr ovidc and mainmin 3"zhth'ncs‘_fro m the s‘tc"anvcs'‘on . Buclcxand ‘i Road andDcmincaShow‘1 as shown on the above-reformcxi Ians. 3.Tsar Deming Strcct and the.1—84 westbotmd on-thc abovc-rof'acncsd plans. ramp bc moaned in substano’al confomancc Wi'th Tm:Buckhnd Road/Buckiand Sou:from Tolland TumpIE:northeriv t0 Damp 3‘1»bewidenedinmbmntialconformanc:with tho above-rcfacncod ohms.‘a u w -Tnat the applicant dcad propcrty Ilong tho wcst sido of Backhand Road andkl. Dcrmng ,Sum:to tho Town OI ,South Windsor,,_,as snown‘on the above-rcfcxh -d tho glans. south sidc of 6-Tnat inc applicant insull/rcvisc u'afiic control signls at tho fouowing Iocadons: ‘’-. ‘0‘ Bucidand Sosa at L34 castbound ramps Buckiand Stroot 1t 1-84 HOV hues c.Buckland Son:at Paviliom Drivc d.Buckiand Sta:at Pknsnn:Wiley Road 3nd Buckiand Hiils Dn'veo.Buckland Strcz'.at Rxlsmnc Road f.cit-EVEf.Bucldand Road at cit-EVE to Lowcs and southerly sit:(in've g.Buckiand Road at czntcr sitc dri‘rc 1 Buckiand Road 3t nonhcriy sit:drive Euckland Road at Deming Son: "£12.:3.5.1 work on roadwnys that 1r:ownml 1nd mainuinccl by 11::’fg‘m of Machcsmr or cow;Windsor be pctformcd in ‘confomnnc:::hc smudarcis or:Sgociziczn'ons of :he Tog;c;Ivfznchczw:or South Windsor,zcspoczwciy " S.Thai tho appiicam .35::Igys and on the sit:moric‘ngs iri‘xss,ouciciand Road.Bucidand <ca-’Boxing Sara:and i-34 wonbomzo ‘on-szmp in subsnnnai confGmm—lca git}:tha £07;reforsncod plans and an 2c:crd2nc:"mml-'hc ‘Wfdnuni on Unifom Traffic COnEOi Dew-C“u 1ndthat:3 apphcam maintain signs and Wings on ihr:sit:drivcs_‘'’‘“ Qy .Tam ail pavement mags 4::H1Hci by :12:appiicant on gm:roads be of c. src No.132-0 104—01SouthWindsorEva-gran Walk,LLC Ihcr preformednlasdc‘or :3‘r:'matcriai.'or 0f a mataiai as.dirccmd by thc Dram:I mt OI -Tranmortanon._ 10.Tam :hc applicant cmdicut;all caulking pavcmcnr max-gags withm-d1:area of :0 adworii :0 thcsadsfacrionof:hc stat:and/or :own. I 1.That the applicant providc and maintain illumination and pav for thc cost of c‘ccm'city at the sitedn'vc on Deming Succ'. 12.That prior to the issuanc:of a Czm'nc‘atc,the applicant providc adequam docummmu-on t o ‘Lh c _ .Tnat prior to Cortincntc issuancc,the appiicant post and maintain a bond wuh .That within :Tlxty (60)days of the issuance of the Ccrn'fmate,a Cow,thvco 1'(L h'U)amuei 3L Kotsc'n.In,fhe authorized :epresenmd‘e for 1::Lyai:—Trix-“A..—.t.r.,y h onrx.:or-tie,Qf Mmcn--.—caucuggd with the above t--c......-nti2rions on Fehrmw M 700.; satisfactio‘n'of the STC,that any casementsz’rig‘nt-of-my necessm ‘‘-'".‘0 satisry the conditions ofthisrepor:have been secured.' 1av the 'amOtmt -. or -31 13,000- -to cover .. the .cost .. or- -sansgxmg.- _ .Eh:sendiu-ons ,A...mm.V: the ’0‘D w Came-1t.y _.tn‘ roaas,1n.rhvs.report; . L‘pon..suotmssxon .0t anal desrgu .plans,Eh:douar 331mm ma v bu on state-upwaro or oownwam ntmng the encroacnment permit process.‘c aaJus‘Cd 14.An encroachment permit must he obtained irom the CounDOT Dim-I‘m Within the state highway :ighwf-wny. 15.That prior to Cem‘t'icate issuance,the appiicant post and mam‘m-n a I Office,1107 CromwellAvenueintheTownofRockyEill,teZQhone (860)2584.540 'prior ‘to pcFfo‘{ml-n;.a any won:‘ Manchesrer 1n the amount of Sl,000,000 :o cover the cos:of sadsfying the bond éondiubns. Wlih hr‘c 1:0:3 ot ‘ ,rem ve to amount work on may Bucidand.oe adiusten.Street,.upward in this or downward report..Upon.ounng~.submission the permit .of nrocess final design _pi ans,‘.e¢um..1 ar 16.That the appiicant post and maintain a bond with the Town of South W~ot .the :ecmred .worx .1n.South ,.Windsor...IndSOr to cove:rim ‘05”~- 17 report,.oe recorded ..on the Mummpal..Lona .Records ..Ln accormc:,with d1:araéhcg ftooenhawighr; Dmc A hs La ‘.:Hu-I-C. IS.’I‘nat :he Sit,reserves :he right :o :cquirc additional improvements Or a—a changes .....t .,Tat C053 Of 12v g '4‘4:rnnro‘v'P'“-"'ts or :nnn'zes snail oe acme :j/:e owner or Lie ie‘v-czogp¢-.' Mr.Steohen-F.Mitcheii.V the aooiicznt's.o authorized raresennrive'‘concw-eu'“.\.V' necessary,due to the develcpmcnt’s nzffic in the nature.~.-.~u reconxencanons:..exceptNo.,t3,on :ecrumjr_...‘.-_.-,-J.0,,e.wztn one acov: Chief Gar!3'2.Tziier,the _:z:i Traffic AnthorLr;for the Town of southaboverecomendanonsonFeemaw20,2002.Windsor.concurred with “r: u~-_._, Report of Findings ‘ Tqwn of South Windsor Evergreeg W’nlk i STC No.132~9104—01 Site Descriudon:m dpmcnt on thc west sidcdwclopmcntwillconsist The applicant is preposing to donmc!a 1.23 million sq.fL mixed—use dcvclofBucidandRoad,south of Deming Sax;m the Town OfSOUth Windsor.Th:of 250 room hotci,75,000 sqft.indoor rcc::nu'ou amt,650,000 sqi oEc:arca and 375,000 50.41 ofrcrailwith5,200 paridng spac:.Acc:ss to the dcvciopmcat Will be provid¢i through four dn'vcs thrtc0n tho Buckland southaiy Roaé drive and will the be located othc:on oppositc Dcming Lowc’s. Sum:All To: the éive drives on Dcming on Bucldand Shea Road will be will stoo—contollcd bc signélizc¢ Th:dwclopmat doas act'abut any 5m:highway:however,cerklcau‘on is b ‘ impact of sitc’s nxl’ic on :hc L34 ramps.ting pLusuad due,to the,— Bucklnnd Road: Buckland React in the arem of :hc site,is a 50L.-§anc tmdividcd rowmmal‘malcf:-1Im lancs 1r:prescnt at two major imasccdons,Lowe’s orivc and Deminglimitis40mphandtheroadwayisiilmninatci Deming Street: incd roadway.ExclusiveSues:Tho posted geed Deming Stree:is J :wo-Eam.:own-mainmined :oaoway m the vicim'w-o’Iumt is 30 mph...-I 31¢Sits.Toe posted rgeei Generated Trnmc: Lac entire sit:is e.yested to generate 31,165 dsiiy Tips With 1,341 trips durLng the am.peak hour(1,031 rte—mg 310 exit-mg)1nd 2,024 aips citmg ch:9m pcak hour (757 entermg,1,267 aromaApproximateij/19,327 trips 1r::zp-ccicd 0n SEFJdJY “Nth L924 TzPS dUI‘Lng the peak hour (1.05’3entezing Policy :nd — Warm; 916 exiting).Tm:submict-ed voiumes have been reviewed and approved by th:315.33,;Of Prooosed Proiecrs bv the Deoartment 01 TrnnSDOI’mHOHi Late Proiect No.{TI-273 is :r;e::e3 :o :vzzuate cxsmg tram:s:g::al svster:ooemv'cr-s ="c':ecotrxenc4‘1'73iemezi .aminz v :hmges ’:o :mprO'v'i 3'153C 310W OH Sumerous ine'iais‘in LC.”rm“._vu— (n nanom"-.I x22.-modems'.‘i.".'.ne Bucsn'xow:.._1._’-l I¢a--.0"” Report ofFindings Conn‘nuedTownofSouthWindsor Evergreen Walk TC No.13243104431 Deuarrmen:of Transnomdon’s Observan'OnS 1nd COHCETns: Buckimd Strca at L84 Eastbound Ramas: cxpcczcd Approximatciy to tum left 25 frompawn:thc oE-mmp of the sit: onto unffic Buckiznd(I39 V¢hid§ Sues:ThePm-applicantPwk,252 preposcd vehiclc§ comcEon SatmldaV peak)of an iis triple additional lat-nun lane may on the improvc rump condidons to proVidC 0n 3 u'iPlc thc ramp, 1¢f"m W5 31¢ m 11¢}? mmm' min“ abbut ddays cpmnbnsand qucucs.at thc 5 AmmughmmECn-ou tin and wcaving downstream.Tax:is limited national clam available on hiplc lc&-tmn ’not widely used.For tho conc:pt to be succtssfui,th¢¥=mm b6 ample Width to rcccz'vc the u-iulé Ic"‘t marlu‘ngs movcmcnt, for Widc all weather lancs to conditions, accommodato “m‘gd largc $5333.31 Will-cm f“ taming ‘I’Cz'iiCkS d1”: Waving abTQ-St, downsu-cam 61cc:signing of and :hc paocmcgtfink k9andaccsptanc:from dn‘vczs that thc:mil 'oc little Chane:of being Sid¢SWipcd in the middle t‘umnEc'lane.Both tho Town of Manchestcr and the Depm‘m £331 m “T'Pk 1¢ft-€um should oot bc cousidcvcg Although at tho cad no of changos tho off~ramp arc being ‘oocauso pursued somo on tho of oE-ramp, tho abovo the condiu’ons applicant is cannot rcvising be tho adequatgly lane connom‘ations' adécss;d. on Buckland Stroo:to provide a throo lane northboxmd approach.'I'ne overall immurm alwcl.of-_' sonic:for tho build condiu'on with thc pr0P05¢d Chang“i3 ”Pond to be “C”and ‘”for the pm.and but Saturday the ramppeak is hour, one mile rospectlvely. long and tho Vehiclc 0.1mm qucucs 3R 30‘ on Watt-d th¢0§1mno £0 reach could L84. 'oo 'as long as 1,300 fa:‘Dc:Ianco Bucldand Road —South Windsor: Tact:aro several locations on the WCSt Sidc 0f Buckiand Road Whcro the &u'n-o road is 'showu on'privato prOpcrqv.Too applicmt has options t0 PIKCW 5?m¢_°f thcsc parcols and ifthc amucam cmbtacquirothonocossaryland,tho Tow-n of South Windsor mdimmd that th¢Y would assisffhc dovelooer.'I'no oasornonrsr'right-of-way Cornflcazo will not has 'oo boon issucd securod. until adoquato occurna‘ation is proxided indicating the ngcgsgm—v ‘ Rowers:to issues Raised 'ov the Town of Manchester in Iodos dated 5/17/2001 and 9/28/2001, 73¢TOW-1 of Mmchgsm::equosted 'or 12 accmonnl sxgnauzed Iocanons be smdici Tag :nh-y'a:355‘gut),-dgd not smdy any location south of tho Bucldand SnoesPleasan:Valley Road/Buckjand 35:5.Drive Lorersecdon.Tao disioution for 31¢Sitcjgfiltafcd Volumes showed 65 percent of the mficzuvclingtoandfromthesouthofthoaforomentz-onod tutorsesa‘on.:‘tt the Dcpanment’s reouost theapplicmtstudiedthreeaddincnnllocaoonsonBucklandSoot:Patilions Drive,HOV lanes 11nd ,I-S; ozstbotmd :onips.Locations south of the [-34 eastbmmd ramps were not studied 'oozause th¢31;:wasxpccgd;ggngntg only 20 gorcsnt (oppmmtck’300 3’05 dm‘hg Pczk hour)i’Om this direction.TaomtotsecionsofBucitiandHillsDrive1ndthedrivetoHomeDependsveil35dn'v¢to LOWCE '1 orcra' (D‘ tor:more not studied because iho disui‘oution projocnons snow a.reducnon of unfric on Buc’darc‘.34”: Repon of Endings Canu'nued Town of South Windsor Evergreen Walk STC No.1322-0104-01 Manchcstar rcqucsmd that an admuonnl normoouna througn lane on Buckiand Stat be PTOVid‘cd.b::wc::z Touand Tumpi‘x:and the:prognoses thrctkmc mmwound approacl’x at chc L34 cmbound ramp . and interaction. :hc {-84 cxtbound In order :o ramps.prov-id:Tue this'lancz Town ox PTOPWManchcszc: 15 WC“ mmcatca 3t that Onc they Iocau‘ou bcmmn Rcasmnc Rdad acquixing the n:c:ssary property in ordcr for the apyucnut to mdca thc road Tue iddxu‘onaJ lane shcum cannot 'oc obtaincd,the applicant.could I rcquost rcucfzom...the STC or -the work in this aru saw proper}?. help improve u‘afz’ic ilow in this arm Ifrmsonaolc stcps havc bcm mkcn and thc uccos syStem Tnc‘ (closed-loop) applicant was for requeszed ihe _town—owned by the town Signals to prOVidC°n Bu‘khnd 3 m0“SOPhiSU'Catcd St“!-PTCSCntIy interconnected there 1's a wireicss uaEc sigal u'mcbase:wstcm,which has not been revised in Ym If“@Hm‘W731 be Widening Buckmg ska:atseveral Eh:rc‘iSiSES signalized Will 5‘31? locau‘ons V31? and if wul u.locadon be rcquircd to Iocau'on to wast bu: the a‘re Signal meehod Cq!1ipmcnt of interconnecu'on accordingly. will The conn'nue scope of tobetimebasedIfthescopeofarevisionataparticular1mminVOIWSTcplacemeatofthecontolla'the Town of Manchester should requin that 3 new d°scd'}°°?cmm’c’uc"is PfOVidcd.The town through, truffie‘conu'ol the Capital Region system Council and other of Governments special equipmcm(CRCQG),in thc has Bucmand@PiiCd for"Federal 33a.The funds Project for a computerized Concept Unitthattheapplicant(PCU)is reviewing the application and it is felt that it is not reasonable to reqnircprovidethespecialequipment.The Depal‘un-cnt’s'coniuhat‘l't engmeer is planning to revicw the gximg the timing study planscould in the be implemented Buckland area on in either State a Props? timebased No.1/ or 1-2/8. computenzed Anv changcyrccommmdaaons gym as pm of Toe town requeSted a more sophisticated highvtay ngnmgrwav mdhig systcm to dircct m$c intotheBuckinndHillsarea.Inasmuch as the major desunanons mmin the Bucldand Hills arca akcadv exist’it would not be appropriate for the applicant to underage soc};a project The applicant will be requircdtoinstallpavementmarldngsandregalatory/wammg Stgns m areas Where work is‘bang proposc¢ASdiscussedata2120/02 meeting with town offzcials and the applicant’s enginca.and momcv'thcBecame: The Town feels an: that daze—sin: guide Signing a overland i5 3C=dsaid:d on sis—tins Lhc mm.” m 55’3711 be installed hmdrCd on the fee! L34 in advance castbgund of Bucldand ogimmu rec Street “extent:to improve me applicant’s traffrc how attorney at the interSCCdOU- indicated that AlthWgh the request thC guidewas reasonable Signing is and not a the} Cez-n'flcat:'wou1d accomplish the work. i .1:tom::eezs--Lhat attemaze-:ceezs .--'-:-“ems to 4c purse“n.4,:.or -':ze suck-and:a :.:.ehills an;w:3&1:in:i:.would be appropriate :o Studv 2h::ndre region.nowcver.it :5 aot remorsi‘oiiiiy of thc'n‘derstzndidcr iaat (-RCGG mav oursue inidaoon ot a nmc sutdy Ln ire Bucidzmd ’~.. I.:-e acclicznt has notified me site plan to snow out puxl out 3:3 31mg :hc imgih OI.it:mainaccessroadfor5aturebussern'c:by Cornicencut -mnst CRCOC':s ‘:«’:szig:..r;ng m imam—v“;busA.-Lyushuttlesvste::hrounnout the are; ,MXTW Qicy?at \vb W H lib Dear m &%op5 §3«23P 03 Re:Preconstruction Meeting —Appl IN ATTENDANCE The following is a brief summary ofpoints discussed during the meeting: Erosion and $edimentationgntrol1.A11 ero ion and sedimentation control measure re to e in lace ri r to earth movin o erations ineachareaandmaintained/cleaned out during construction.Call Jeffrey Folger,Zoning/WetlandsEnforcementOfficerforinspectionwhenmeasuresareinplace,prior to commencement of site work orifanyproblems/concems arise during construction. 2.All topsoil stockpile areas to be protected (ringed with haybales or equal). 3.During construction of the road/driveway a crushed stone tracking pad is to be installed and maintainedto dust minimize control as tracking required. of dirt/gravel on to g L/[ir~;{to I i Calcium M chloride or water is to be used for H 6/‘,(I,‘KIM/b (MA-040$/€/w/ececj;<1 u it A 1/ Publlc Works Liking}, lrzifl {M )1 l iii ,7 r (/1 /I’,/;« v‘ouke’k r€CP 1.Three complete sets of approved/revrsed plans to be prov1ded to Town prior to start of constructionTheyw1llbestampedbythePlannlngDepartmentalongWithplansdeveloperneeds.Only approved plans are to be used on the job site. all (Crlrl2.The Department ls to be notlfied forty-eight (48)hours prior to the start of majorconstructionworkWithinspectionsandtestingperDevelopersChecklist(requested required)for thefollow1ng After site is staked out All drainage work Preparation of subgrade,compaction tests as per Developer‘s checklistPreparationofsubbase,six (6)inch lifts Placement of bituminous concrete,two (2)inch layers maximumCDQOO‘N 3.Certification of gravel used as subbase and processed stone for base Will be required from an approvedtestingcompany ! -: 12.All filling t0 be done in accordance with Department of Transportation specifications.To be compacted1nmaximumliftsandtestedasnecessary. Job meetings will be heki as needed,and can be called by the developer or Town.l3. 14 lS.Any proposed changes are to be presented to the Engineering or Flaming Department prior toimplementationonchangeorderforminquadruplicatewith4copiesofthedrawing.Town will attempttoturnaroundwithin24hours. Normal hours ofoperation 7:00 a.m.—5:00 p.m.,no work on Sunday.l6. DOJLperlniLneeded f0rualLwork—Within'state‘road."Gopy‘must'be‘givemto -the«Engineering‘Department«.l7. No paving after October 15 or before April 15 without written approval from Director of Public Works."'l8. Certification of all products used --storm pipe,structures,pavement,etc.,shall be presented to the TownEngineerpriortoinstallation. Two (2)weeks’notice must be given prior to placing the finish pavement coarse? WLf‘ This 4 is‘t’o {7 3‘ allow forinspectionandcorrectionmeasures(if necessary)of the infrastructure,prior to flnal pavement. Applicant/developer should be aware that the inspection of the inh‘astructure improvements may result inthereplacementofstructuretopsand/or structures prior to final paving if found to be deficient. No subgrade formation/base in frozen ground/snow.Same for pipe/structure installation./u i w.‘“.L LA ,m ymwm (MU ,/Progress As Built Plan;are towbeks'ubmitted to the Town Engineer for approval prior to paving and anerGr subgrade formation. (3/haw five-UJrt}dizéi f 'I"7'L;1'!7?;/ 549 rn o\a mi“/ As built plansi are to include horizontal and vertical location of allvyunderdrains,footing drains,andsanitarysewersand1amservicelateralslocatedasperrevisedas—built checklist. t/10.All pipe and structures to be backfilled with free draining material,compacted in maximum one foot liftswithapprovedcompactionequipmentorapprovedequalifdeeptrenchisencountered.Any pipe orstructureworkrequiresinspectionpriortobackfilling. Any problems and/or questions regarding construction of this project will b directed toll. %;gi /1C_Fg,(cph}/¢inthe field atphone#"1 I“a L/MC;.J 3;?c r‘/. 7 ‘"//,'V’r :1 t:a);T “f i 5.”gm;a (a.)hours’notice needed for certificate ofoccupancy inspection..a .. Vdp ,1 T3 /Ami Qe'hv 5)i v 3,///‘[Ci HM? vix [RN t lr’c.5tt«J; pg“. /i ftfAatj éw’wwl'lr Min t ‘7:"(mlf A/aj/r,;orC ,wr/luw ”5’79“»,,/gov/Lu .,.-:'U’~» ‘., 19.Extra care must be taken when compacting around structures such as catch basins and manholes Thesespotsoaenbecomeproblemareasinthefutureduetosettling,therefore,the town staff/inspectors will berequestingadditionalcompactiontestsintheseareas. 20.Inspection of gravel access roads required prior to placement of topsoil. rstmg'straetures'and’smn on the progress "a?b?i‘lts hawk [g5 A4,“4 (M k mslmcrlrc’u for wé ,«ymbéc/{econfretSldewalks8"deptlkW1 gemforcements 's required at dnveway crossmgs If the Sldewalkisontrucedbforeev16/e/'ust bevl/dlcat’ed/on the as built plans l'f a f 22 or p op dn eway p k must be removed to the nearest expansxon Jomt andeb 23.If a concrete monument is located within a driveway,a cast iron frame and cover must be provided fortovmpublicimprovementspecifications. 24.During construction of individual sanitary sewer hm:laterals,the contractor shall prepare an as-builtsketchonstandardformprovidedbytheEngineeringDepartment.This form should be submitted to thedesignengineer/surveyor for their use in preparing the as-built plan.The Engineering Departmentsuggeststhatthecontractoralsoshowlocationsoffoundationdrainsandwaterlateralsonthis form. ot e pro dep .Dunn construct1on for 1ndiv1dual house lots lot to lot dramage must be addressed With dramage swalesasnessaryForlavmestablishmenttowntaffw1llberequmngeros1oncontrolmeasurestobeinslledpnort/o the 1ssue ofthe certlflca of occupancy/to ensure 5011 stablllzation A detalled erosroncntrolplanustbeimplementedandepictedontheplotplanforrev1ewpriortotheissuanceoftheuildingpe1tmostparticularlyonlotsWithextensivegradingk Planning Department 1.Landscaping is to be installed in accordance with the approved landscaping plan.If there are changesrequired,contact the Plaxming Dept.Additional landscaping installed on one part of a site will not preclude planting all of the remaining items shown on the landscaping plan. .(,,4)/7§/' a!r wan/fox.7"f in t.[gugvéi/dm‘r/i (cal 3.limlf NH wr‘tk’x’/J/2 sNET/NU /[/i [M w Q)x w,I2.A/i LLrC/‘HMJ/butt/l for ff;jf/wa/u’3M -f5~/£3770 "P‘”iyL’J/EXI’” 41,...ti a r [Lita K £0 W- ‘/'/L/t/(at Ami .r 1 Contact utilities for coordination of utilities connection Fire Marshal 1.Blasting (if required)to be coordinated with the Fire Marshal. Poli ce Services p h 1 »g Emergency phone numbers for the duration of the construction must be provided to Police Services on acompanyletterhead.If the developer occupies or owns the building after construction emergencynumbersmustbeprovidedtoPoliceServices. 2r All buildings located on property that abuts a public highway must be numbered and visible from thestreet.All numbering shall comply with Town Ordinance 6-800 through 6—802. Bams,garages,and outbuildings,which are located on the same premises as a numbered structure,areexcluded. 3.Erect temporary sign on the site during construction identifying the project. 4.If an alaJm is to be installed contact Police Services. Building Department l.Plan review with Building Official/Fire Marshal required prior to application for building permit.Coordinate with ChiefBuilding Official. they //(/4c Md t/w/LL Wei/7%—//"“’{vf 7W“/"""~*/'v.:,~_:.l /‘iu/'r'7"Kz /"’re[(m Irate \/.‘a‘”7/'K fuvk )Sincerely,f.I t’/[Ii b/1}v:(Vt/V”;,;/u/(git.I v‘J ’Io éJQ NJa iuX wiW‘L/ftb’f {/4 J A?[?£6 c,HBLQ Jya,,Ixnw .I Michele R.Lipe,AICP Assistant Director ofPlanning MRL/dlw cc:Wm,Town Engineer Karl Reichle,Public Works Mel Stead,Public Works .',Chief Building OfficialFredShaw,Superintendent of Pollution ControlCL&P SNET ‘i [>‘ embp msg#‘oa czj #006707A ’rmitau FLTC SUMMONS -CIVIL SUPERIOR COURT (Except Family Actions) JD-CV-1 Revl 11-96C.G.SI 51-346,51-347,51-349,51-350,52-45352-48,52—259,PIB.Sec‘49,63,66 “X"ONE OF THEFOLLOWING Amount,lega/interest or property in demand,exc/usiveofinterestandcostsis: INSTRUCTIONS 1,Prepare an typewriter,sign uriginal summons (tap sheei)and conform copies of the summons (sheets 2,3 and 4). 2.If there are more than two defendants,prepare or photocopy conformed summons Ior each addilional defendant,3.Allach the angina/summons Io the original complaint,and attach a copy of the summons to each copy of the c (“Xncomplaint.Also,ifthere are more than 2 plaintiffs or 4 defendants prepare form JD-CV—2 and attach it to the original 4.After service has been made by ofhcer,file original papers and ofiicer's retum with the clerk of court. and all copies of the complaint $ 5.The party recognized to pay costs must appearpersona/Iy before the authority taking the recognizance. 6.Do not use this form for actions in which an attachment,garnishment or replevyis being sought.See Practice Eook Section 49 for other exceptions. $2,500 through $14,999.99$15 000 or moreifa'PP/icable) C/a/ming other relief inadditiontoorinlieuofmoneyordamages. TO:Any proper officer;BY AUTHORITY OF THE STATE OF CONNECTICUT,you areherebycommandedtomakedueandIeggiserviceofthisSummonsandattachedComplaint RerURN DATEFEBRUARY 17,2004 é JUDICIAL DISTRICT AT (Town in which wn'l is returnable)(C.GSc 51-345.51-349)HOUSING SESSION D GA No.i HARTFORD CASE TVPE (From case type list-see back)Major Minor ADDRESS OF cOURT CLERK WHERE WRIT AND OTHER PAPERS SHALL BE FILED (cos.51-347.51450)95 Washington Street.Hartford,CT061 06 TELEPHONE NUMBERJose)543-2700PARTIESNAMEANDADDRESSOFEACHPARTYNOTE:Individual’s Names K]Form JD-CVZ(No,street,town and zip code)Last First Middle Initial attached PTY NOFIRSTNAMEDPLAINTIFFPAVILIONSATBUCKLANDHILLS,LLL,c/o General Growth Management,Inc,110 North Wacker Dnve,Chlcago,Illmols 60606 01 Additional Plaintiff HQTSS,LDC,_c/o General Growth Management,Inc.,110 North Wacker Dnve,Chlcagg Illmols 60606 02 FIRST NAMEDDEFENDANT ManeEver eenester,Wélk,CT 06040LLC c/o Laurence Rubmow,Agent for Semce,555 Main St.,50 AdditionalDefendant Dr.,Ever lastonbul'y,een Walk,LLCCT 06033c/o Laurence Rubmow,Agent tor Servtce,239 Cedar Rldge 51 AdditionalDefendant Poag &McEwen L1testyle Centers—Connectlcut,LLC,6410 Poplar Avenue,Tower 2,Sulte 850,Memphls Tennessee 381 19 52 Additional Defendant The Casle Co oratihn,LLC,c/o Davtd W.Sessions,Agent forStreetAvonT06001 Serv1ce,135 Darllng 53 N DANT1.You are being sued.The “Appearance"form2.This paperis a Summons in a lawsuit.Court address.3.The Complaint attached to these papers'states the claims 7.If you believe that you havethateachPlaintiffIsmakingagainstyouInthislawsuit.claim that is being made4.To respond to this Summons,or to be informed of further should immediately takeproceedlngs,you or your attorney must hie a form c your insurance representative.an “Appearance"with the Clerk ofthe above—ed Co 8.if you have questions aboutattheaboveCourtaddressonorbeforetheeconddayyoushouldconsultanaftertheaboveReturnDate.Court is not permitted to may be obtained at the above insurance that may cover theagainstyouinthislawsuit,youtheSummonsandComplaint to the Summons and Complaint,attorney promptly.The Clerk of give advice on legal questions. 1.You are being sued.The “Appearance"form may be obtained at the above2.This paperis a Summons in a lawsuit.Court address.3.The Complaint attached to these papers'states the claims 7.If you believe that you have insurance that may cover thethateachPlaintiffIsmakingagainstyouInthislawsuit.claim that is being made against you in this lawsuit,you4.To respond to this Summons,or to be informed of further should immediately take the Summons and Complaint toproceedlngs,you or your attorney must hie a form c your insurance representative.an “Appearance"with the Clerk ofthe above—ed Co 8.if you have questions about the Summons and Complaint,at the above Court address on or before the econd day you should consult an attorney promptly.The Clerk ofaftertheaboveReturnDate.Court is not permitted to give advice on legal questions.5.If you oryour attorney do not hie a w '“ppearance"form on time,ajudgment may be e gainst you bydefault. DATE 1 2/24/03 SIGNED (Sig n 'prpper box)IXIBEARANCE Comm.or SupenorCourI Assistant Clerk TYPE NAME OF PERSON SIGNING AT LEFT. JOHN C.KING,ESQ.FOR THE PLAINTIFF(S)PL A TE AP OF: NAME AND ADDRESS OF ATTORNEY,w FI RPSAIN F PRO SE (Nd,slreet,town and zip cede) UPDIKE,KELLY &SPELLACY,P.C.T,¢TE STREET,TFORD,CT TELEPHONE No. 860/548-2600 JURIs No (Iratty orlaw firm) 65040 NAME AND RESIDENCE OF PERSON RECOGNIZED o PDENEENSEIFEL,10 NOJA T 6 UTE IN THE AMDUN OF $250 (No.street,town and zip)ANTON,CT 60 1 9 SIGNATURE OF PLAINTIFF IF PRO SE #PLFS.#DEFs. 9 #CNTs.16 SIGNED (on 'I g r‘écognizance;"x"pr perbox)§Comm.orSuperIor oourl Assistant Clerk For Court Use Only lF THIS SUMMONS IS SIGNED BY A :a.The signing has been done so tha h be denied access to the court.b.It is the responsibility of the Plain ff(S ice ls made in the manner provided by law.c.The Clerk is not permitted to give any legal advice in connection with any lawsuit.d.The Clerk signing this Summons at the request ofthe Plaintiff(s)is not responsible in anywayforanyerrorsoromissionsintheSummons,any allegations contained in theComplaint,or the service thereof. 31‘ t ‘arshai «Hartford County Indifferent Person i hereby certifyl havereadandunderstand theabove: SIGNED (Pro Se Plaintif0 DATE SIGNED DOCKET NO. CIVIL SUMMONSCONTINUATION OF PARTIES STATE OF CONNECTICUTSUPERIORCOURTJD-Cv-z EL Rama-94 FIRST NAMED PLAINTIFF (Lasl,First Middle Inltlal) PAVILIONS AT BUCKLAND HILLS,L.L.C. FIRST NAMED DEFENDANT (Last,Firsl,Middle Initial) NAME (Last,Firsf,Midd/elnitfal findt dual)ADDRESS (No.,Street,Town and ZIP Code) 03 04 05 06 07 08 09 10 11 12 13 317 ..... NAME (Last.First.Middle InItIaL If Indlwdual)ADDRESS (No..Street Town and ZIP Code)cone Evergreen Walk Master Association,Inc.,1109 Rose Lane,Virginia Beach,VA 23451-3859 54 Evergreen Walk Lifestyle Center,LLC,6410 Poplar Ave,Tower 2,Ste 850,Memphis,TN 38119 55 Town of South Windsor,Town Hall,1540 Sullivan Ave,South Windsor CT 06074 56 South Windsor Planning and Zoning Commission,Town Hall,1540 Sullivan Ave,South Windsor,57 \al UUUI‘: South Windsor Inland Wetlands Agency/Conservation Commission.TownSauth Hall,vii-Eager 1540 mSullivan Ave, nrAnA 53vii-Eager ,o.uuumTownHall,1540 Sullivan Ave,South Windsor Water Pollution Control Authority,Scuth windscr m mm,”59 ,oi vows 6O 61 FOR COURT USE ONLY-FILE DATE 62 63 DOCKET NO. CIVIL SUMMONS-Continuation PO. Box 231277 Hmdor. One Sttae Sttree Ctimoccnna 0612312/1- lam); '1‘e1. t 0 a4azvuu- ' - rax wvuj aim20m)- - uuns No. uauqu RETURN DATE:FEBRUARY 17,2004 PAVILIONS AT BUCKLAND HILLS L.L,C.and HCTSS,LLC EVERGREEN WALK,LLC,POAG &MCEWEN LIFESTYLE CENTERS—CONNECTICUT LLC, THE CASLE CORPORATION,EVERGREEN WALK: MASTER ASSOCIATION,INC,EVERGREEN WALK LIFESTYLE CENTER,LLC,TOWN OF SOUTH WINDSOR,SOUTH WINDSOR PLANNING : AND ZONING COMMISSION,SOUTH WINDSOR INLAND WETLANDS AGENCY/CONSERVATION : COMMISSION,and SOUTH WINDSOR WATER POLLUTION CONTROL AUTHORITY SUI’ERIOR COURT JUDICIAL DISTRICT OF HARTFORD AT HARTFORD DECEMBER 24,2003 COMPLAINT AND APPLICATION FOR DECLARATORY RULING AND TEMPORARY AND PERMANENT INJUNCTIVE RELIEF FIRST COUNT (Regarding Evergreen Walk,LLC and the General Plan of Development ofEvergreen Walk) 1.The Plaintiff,Pavilions at Buckland Hills L.L.C.(“Pavilions”),is a Connecticut limited liability company,with its principal offlce at 110 Noxth Wacker Dnve,Chicago,Illinois 60606. 344575 (80]6lTe. 623011277— Cttionneccu tldHraor. (860) 5864200- PO.. Sttree Box 231277 5826840v Fax Jrius NOV 65004 Sttae One ' - - t ' 2.HCTSS,LLC (“HCTSS”),is a Delaware limited liability company,with its principal office at 110 North Wacker Drive,Chicago,Illinois 60606.HCTSS owns certain land together with buildings and improvements located thereon commonly known as 260 Smith Street,South Windsor,Connecticut. 3.Defendant Evergreen Walk,LLC (“Evergreen”)is a Connecticut limited liability company with its principal business office at 555 Main Street,Manchester,Connecticut 06040. 4.Defendant Poag &McEwen Lifestyle Centers—Connecticut,LLC (“Poag &McEwen")is a Delaware limited liability company with its principal business office at 6410 Poplar Avenue,Tower 2, Suite 850,Memphis,Tennessee 381 19. 5.Defendant Evergreen Walk Master Association,Inc.is a Connecticut non-stock corporation that is the unit owners’association within the meaning ofthe Common Interest Ownership Act,Conn.Gen. Stat.§47—200 et seq.,of Evergreen Walk Planned Community under the Declaration of Evergreen Walk Flamed Community,dated November 21,2003 and recorded in the South Windsor Land Records in Volume 1555 at Page 1 the (“Declaration”).Its principal business office is located at 1109 Rose Lane, Virginia Beach,Virginia.Evergreen Walk Master Association,Inc.,may have an interest in the subject matter of this actions because under Article 12 of the Declmation,Evergreen Walk Master Association, Inc.has the authority to regime changes in the design and location ofbuildings and in Evergeen Walk Planned Community and under Article 18 of the Declaration of Evergreen Walk Flamed Community, Evergreen Walk Master Association has authority to “adopt Rules regarding the use and occupancy of 344575 E 2 a OP.. 232177 tfHdraor, Sttae 86(0) Tle. 061232771‘ Ctitcnneccu Box One Sttree 5482600- F8{60]ax Jirsu 5482680- No. 65040 ' ' - - - Units and Common Elements and the activities of occupants.”Complete relief may as requested by the Plaintiffs may require that other defendants take actions as ordered by the Court in a matter that may limit the discretion of Evergreen Walk Master Association,Inc,in acting under the mentioned Articles of the Declaration of Evergreen Walk Planned Community. 6,Defendant Evergreen Walk Lifestyle Center,LLC is a Delaware limited liability company that owns the land in South Windsor upon which Poag &McEwen proposes to construct The Shops at Evergreen Walk.Its principal business office is located at 6410 Poplar Avenue,Tower 2,Suite 850, Memphis,Tennessee 381 l9. 7.Defendant The Casle Corporation (“Casle”)is a Connecticut corporation with its principal business office at 200 Fisher Drive,Avon,Connecticut 06001.Casle is the applicant before Planning & Zoning and Inland Wetlands for the proj ect known as the Eastern Connecticut Health Network Medical Building,as described in the Third Count. 8.Defendant Town of South Windsor is a municipal corporation organized under the Connecticut General Statutes with its Town Hall located at 1540 Sullivan Avenue,South Windsor,Connecticut 06074. 9.Defendant South Windsor Planning and Zoning Commission ("Planning &Zoning"),is a municipal entity established by the Town of South Windsor under Conn.Gen.Stat.§8-1. 344575 _3 _ (0)86 5826004- Fax 5826048~ [860) lTe. 061231277- Ctiteonnccu tfdHaror. Jnus No. 65004 RO. Box 281277 Sttae Sttree One - 0 v 0 0 10.Planning &Zoning is the duly constituted combined planning and zoning commission of the Town of South Windsor through which such town exercises the powers provided for in Chapter 124 of the Connecticut General Statutes.Flaming &Zoning is authorized to grant,grant with conditions,or deny permits for all proposed uses of land and activities thereon within South Windsor.Planning & Zoning regulates air,water,and noise pollution for projects in the Buckland Road Gateway Development Zone under,inter alia,Sections 5.8.6.d.2(a)and (c)and 5.8.6.E.of the South Windsor Zoning Regulations. 11.Defendant South Windsor Inland Wetlands Agency/Conservation Commission (“inland Wetlands”,is a municipal entity established by the Town of South Windsor under Conn.Gen.Stat.§ 22a—36 et seq. 12.Under Section 1.3 ofthe Inland Wetlands,Watercourses,and Conservation Regulations of the Town of South Windsor,Inland Wetlands is authorized to grant,grant with conditions,or deny permits “for all uses and activities on inland wetlands and watercourses;and the development,conservation, supervision,and regulation of natural resources within the Town of South Windsor.” l3.Defendant South Windsor Water Pollution Control Authority (the "WPCA")is a municipal entity established by the Town of South Windsor under Conn.Gen.Stat.§7—246. l4.Evergreen proposes to develop and construct a multi-use development known as Evergreen Walk that will encompass approximately 1,230,000 square feet of commercial space and related innastructure 344575 a 4 a H'DCCE XDO ZZOLII tDtae FJJV ' HamOrG. LOnnCCUCuI UOlll312/l' ' Une l5UUI ' [CL {UUUI OqUIUUU- fax ’ U4UZO5U’ Jnus NO. 5DU4U ‘ on property owned by it consisting of approximately 235 acres on the west side of Buckland Road in South Windsor,Connecticut. 15.On June I8,2001,Evergreen applied to Planning &Zoning requesting approval of the General Plan of Development (Phase I)of Evergreen Walk. 16.As proposed by Evergreen,the development of Evergreen Walk comprises several companion developments and attendant infrastructure improvements. 17.Planning &Zoning held public healings on Evergreen’s application on Augist 7,2001,August 14,2001,August 28,2001,September 25,2001,and October 9,2001, l8.On October 9,2001,Flaming &Zoning voted to approve the General Plan of Development of Evergreen Walk,and,on October l9,2001,published notice of its approval. 19.Evergreen’s proposed development of Evergreen Walk will cause “unreasonable pollution, impairment or destruction”ofthe “public trust in the air,water and other natural resources of the state.” Conn.Gen.Stat.§22a—l6. 20.The proposed development of Evergeen Walk involves,inter alia,such conduct in one or more of the following ways: a.The proposed development was improperly approved by Flaming &Zoning,which lacked jurisdiction over the application and failed to comply with Conn.Gen.Stat.§8~3(g)by 344575 _5 _ [860) 5826004- (80)6lTe. 5826480- tfHdaror. Fax No. 65004 232177 061231277- Ctitonneccu Jiurs Box PO., Sttree Sttae One ' ' ' ' ' 344575 issuing its approval before Inland Wetlands rendered its decision with respect to the regulated wetlands activities proposed in the application; Loss of open space within South Windsor,contrary to the Open Space Master Plan and the draR Plan of Conservation and Development; Harassment,displacement,and possible wounding and killing of wildlife,possibly threatened species,endangered species,and species of special concem; Destruction of wildlife habitat; Erosion of soils and stormwater runoff during construction; Great increase 0f stormwater flow from vast expanses of impervious surface,which will increase sedimentation and degrade surface water and groundwater quality; Exacerbation of flooding by greatly increasing the extent of impervious surface and by inhibiting the function of area wetlands; Unearthing,displacement,mobilization,and discharge of historic pesticide contamination on site by the proposed construction activities; Increase oftraffic congestion along Buckland Road in South Windsor and Buckland Street in Manchester and the degradation of local air quality; Increase of noise emissions; Increase of light pollution;and Fax (860) 5260480-)[860 5826804- Jirus No. 65004 lTe. tfdHaror, 061231277- 227731 Ctitonneccu Box PO.. ' Sttae ' Strtee ' One ' ' Sewer line traversing,impacting and directly disturbing wetlands,affecting adequate provision for sewerage,and traversing and disturbing Plum Gully Brook. SECOND COUNT (Regarding Evergreen Walk,LLC and the Expo Design Center) 1—16.Pavilions and HCTSS incorporate Paragraphs l t0 16,inclusive,ofthe First Count as Paragraphs l to 16,inclusive,ofthis Second Count. l7.The initial phase of development of Evergreen Walk entails Evergreen’s proposal to construct a 90,250—square-foot retail building to house the Expo Design Center.The proposed site of Expo Design Center is on the west side of Buckland Road,north of Smith Street,in the Buckland Road Gateway Development Zone in South Windsor. 18.On or about October 7,2002,Evergreen submitted an application to Flaming &Zoning requesting approval of the site plan of development of the Expo Design Center and related improvements. 19.Evergreen’s application involved “conduct which has,or which is reasonably likely to have,the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.”Conn.Gen.Stat.§22a—19.Pavilions filed a Verified Petition to Intervene as a party pursuant to Conn.Gen.Stat.§22a-l9 on or about November 25,2002. 3114575 a 7 _ (F860]ax 5482680- tfdHaror. Cttionneccu 062327714 Tle. (860) 5482600- Box RO. 232771 No. 65004 Jirsu Sttae Sttree One ' v ' ' t 20.Planning &Zoning denied the Verified Petition to Intervene at a regularly scheduled meeting held on January l4,2003. 21.Pavilions submitted a revised Verified Petition to Intervene on February 4,2003. 22,On or about February 4,2003,Planning &Zoning acknowledged and/or granted the revised Verified Petition to Intervene of Pavilions. 23‘Flaming &Zoning held a public hearing on Evergreen’s application on November 26,2002, December 3,2002,January 14,2003,February 4,2003,and February 25,2003. 24.Evergreen’s application was incomplete because it failed to address significant environmental impacts,both within and outside the area identified in the application,arising from development of Expo Design Center,and from Evergreen’s projected commercial,mixed—use development of the entire 232—acre parcel. 25.Pavilions made a prima facie showing that the proposed regJlated conduct is reasonably likely to have the effect ofunreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state. 26.Evergeen failed to rebut Pavilions’prima facie showing by offering evidence to the contrary or by showing that,considering all relevant surrounding circumstances and factors,there is no feasible and prudent alternative to Evergreen’s proposed regulated activity and that such proposed regulated activity is consistent with the reasonable requirements ofpublic health,safety and welfare. 344575 _3 _ 220613177- ()F860ax lTe.(60)8 5800426- 5482680< tfHdaror, Ctitonneccu 232771 Bxo OR. Jnus State 65040 No‘ Sttree One ' ' ' ' - 27.On February 25,2003,Planning &Zoning issued its approval,with conditions,of the site plan of development of the Expo Design Center,and,on March 1,2003,published notice ofthe approval. 28.Evergeen’s proposal to construct the Expo Design Center constitutes “regulated activit)?’pursuant to Conn.Gen.Stat.§22a—36 through 22a—45,inclusive. 29.On October 18,2002,Evergreen applied to inland Wetlands requesting approval and/or a pennit to conduct regulated activity related to the development of the Expo Design Center. 30.Evergreen’s application involved “conduct which has,or which is reasonably likely to have,the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources ofthe state.”Conn.Gen.Stat.§22a—l9.Pavilions filed a Verified Petition to Intervene as a party pursuant to Conn.Gen.Stat.§22a—19 on or about November 20,2002 and an amended verification on December 18,2002. 31.At a regularly scheduled meeting on or about December l8,2002,Inland Wetlands acknowledged and/or granted the Verified Petition to Intervene of Pavilions. 32.Inland Wetlands held public hearings on Evergreen’s application on December 4,2002, December l8,2002,January 8,2003,January 22,2003,and February 5,2003. 33.Evergreen submitted an inadequate and incomplete application,which presented proposed regulated activity exclusively with respect to an approximately ll-acre site,which is only a portion of the existing parcel of approximately 75.3 acres on which other regulated activities are planned by 344575 a 9 a F(860)ax [60)8 5846004 5826840- 65040 No‘ Jrius tfdHraor. Ctitonneccu 061231277— Tle. PO.. 231277 Box Sttae Sttree One ' O ' ' O Evergreen in connection with the development of the Expo Design Center,an element ofEvergreen’s entire commercial development proposed to occupy the balance of the approximately 75.3 acre parcel and the approximately 232 acre site on which it has proposed Evergreen Walk,all in violation of Conn. Gen.Stat.§§22a-42a(d),22a-41(a)and Section 11.2 ofthe South Windsor Inland Wetlands/Watercourse and Conservation Regulations. 34.During the course of such public hearings,Pavilions made a prima facie showing that the proposed regulated conduct is reasonably likely to have the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state. 35.Evergreen failed to rebut Pavilions’s prima facie showing by offering evidence to the contrary or by showing that,considering all relevant surrounding circumstances and factors,there is no feasible and prudent alternative to Evergreen’s proposed regulated activity and that such proposed regulated activity is consistent with the reasonable requirements of public health,safety and welfare. 36.On February l9,2003,Inland Wetlands voted to approve Evergreen’s application,and,on February 22,2003,published notice of its approval. 37.Evergreen’s proposed development of the Expo Design Center and related improvements will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources of the state.”Conn.Gen.Stat.§22a-l6. 344575 2 10 d tfHdaror. 5482600- ()860 ()860 Juris 5482680- 232717 Fax Ctitonneccu 061231277- 'I‘le‘ Sttae Sttree PO.. Box No. 65040 One ' - ' ' ' 38, more of the following ways: Failure to meet the requirements of state statutes and the regulations regulating pollution in the air,water or other natural resources of the state; Direct disturbance of wetlands through construction and the use of heavy equipment within wetlands; Filling ofwetlands; Cutting,stripping,or uprooting of wetlands vegetation; Erosion and sedimentation of wetlands through construction activity; Harassment,displacement,and possible wounding and killing ofwildlife,possibly threatened species,endangered species,and species of special concem; Destruction of wildlife habitat; Erosion of and sedimentation within watercourses; Diversion or restriction of flow of watercourses; Exacerbation of flooding by inhibiting the function of area wetlands; Great increase of stormwater flow from approximately seven acres of impervious surface and diversion of stormwater flow,which will increase erosion and sedimentation and degrade surface water and groundwater quality; 344575 _11_ The proposed development of the Expo Design Center involves,inter alia,such conduct in one or Jirus Fax (860) 5826004— (60)8 5482680- tfdHaror, Tle. 062327711- No. 65040 Ctitonneccu 232771 Bax PD. Sttree Sttae ' Oen ° V ' ' Unearthing,displacement,mobilization,and discharge of histon'c pesticide contamination on site by the proposed construction activities; Increase of traffic congestion along Buckland Road in South Windsor and Buckland Street in Manchester,resulting in the degradation of local air quality; Sewer line traversing,impacting and directly disturbing wetlands;and Future undefined but inevitable short term and long term impacts given that this proposal is part of larger proposed development. THIRD COUNT (Regarding The Casle Corporation and the Eastern Connecticut Health Network Medical Building) 1-16.Pavilions and HCTSS incorporate Paragraphs 1 to l6,inclusive,ofthe First Count as Paragraphs l to l6,inclusive,ofthis Third Count. l7.As part of the larger proposed development of Evergreen Walk,Casle proposes to construct a 39,820-square-foot,two—story medical office building and related improvements,including parking lots, walkways,and stormwater structures (the “ECHN Medical Building”)on or adjacent to 4.26 acres of land now or formerly owned by Evergreen located on the west side of Buckland Road and the south side ofDeming Street,South Windsor in the Buckland Road Gateway Development Zone (GD)zoning district. 344575 A 12 a tfdHraor‘ )(860 Sttree Oen State P0.. Box 231277 061232771- Tle. 5482600< []860 Cntanneccu Fax 5482680- No. 65040- Jrius ' ' ' ' ' 18.On or about April 11,2003,Casle submitted an application to Planning &Zoning requesting approval of the site plan of development for the ECHN Medical Building and related improvements. 19.Casle’s application involved “conduct which has,or which is reasonably likely to have,the effect ofunreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.”Conn.Gen.Stat.§22a.l9.Pavilions tiled a Verified Petition to Intervene as a party pursuant to Conn.Gen.Stat.§22a—l9 on or about May 13,2003. 20.At a regularly scheduled meeting on or about May 27,2003,Flaming &Zoning acknowledged and/or granted the Verified Petition to Intervene of Pavilions. 21.Flaming &Zoning held a public hearing on Casle’s application on May 13,2003,June 10,2003, July 8,2003,and July 22,2003. 22.Pavilions made a prima facie showing that the proposed regulated conduct is reasonably likely to have the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state. 23.Casle failed to rebut Pavilions’prima facie showing by offering evidence to the contrary or by showing that,considering all relevant surrounding circumstances and factors,there is no feasible and prudent altemative to Casle’s proposed regulated activity and that such proposed regilated activity is consistent with the reasonable requirements ofpublic health,safety and welfare. 344575 Z 13 _ 5826004- 5482680- (0)86 tfHdaror, (]860 Fax 061231277- Tle. Ctitonneccu 232717 OP., No. 65004 Jiurs Sttae Box Sttree One - - ' - ' 24‘On July 22,2003,Planning &Zoning issued the site plan approval,with conditions,and,on July 26,2003,published notice of the site plan approvale 25.Evergreen’s proposed development constitutes unreasonable pollution,impairment or destruction of the public trust in the air,water or other natural resources of the State,in that it fails to meet the requirements of state statute and the Regulations regulating pollution in the air,water or other natural resources of the state. 26.Casle’s proposal to construct the ECHN Medical Building constitutes ”regulated activity”pursuant to Conn.Gen.Stat.§22a—36 through 22a—45,inclusive. 27.On April l6,2003,Casle applied to Inland Wetlands requesting approval and/or a permit to conduct regulated activities related to the development of the ECHN Medical Building. 28.Casle’s application involved “conduct which has,or which is reasonably likely to have,the effect ofunreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources 0fthe state.”Conn.Gen.Stat.§22a-19.Pavilions filed a Verified Petition to Intervene as a party pursuant to Conn.Gen.Stat.§22a—l9 on or about May 21,2003. 29.At a regularly scheduled meeting on 0r about June 4,2003,Inland Wetlands acknowledged and/0r granted the Verified Petition to Intervene of Pavilions. 30.Inland Wetlands held public hearings on Casle’s application on May 21,2003,June 4,2003, June 18,2003,and July 2,2003. 344575 -14 , tfdHaror Ctitocnnecu Smte SLtree One PO.. Box 231277 062327711- Tle. [860] 5482600— Fax (860) Jirus 5482680— N0. 65040 ‘ ' ' - ' 31.Casle failed to demonstrate the absence of a feasible and prudent alternative to its proposal, including,inter alia,the altemate design or siting of the project and the ECHN Medical Building to minimize the impact on wetlands. 32.On July 16,2003,Inland Wetlands voted to approve the Casle’s application,and,on July 19, 2003,published notice of its approval. 33.Casle’s proposed development of the ECHN Medical Building and related improvements will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources of the state.”Conn.Gen.Stat.§22a—16. 34.The proposed development ofthe ECHN Medical Building and related improvements involves, inter alia,such conduct in one or more of the following ways: a.Loss of open space within South Windsor,contrary to the Open Space Master Plan and the dratt Plan of Conservation and Development; b.Harassment,displacement,and possible wounding and killing ofwildlife,including possible threatened species,endangered species,and species of special concern; c.Destruction ofwildlife habitat; d.Erosion of soils and stormwater runoff during construction; e.Erosion and sedimentation of wetlands and water courses through construction activity; f.Diversion or restriction of flow of watercourses; _15 n tfdHaror. 623201177— (860) lTe.(860] 5826004- Fax 5826480- Box 65004 No. Jlrus 281277 Ctitonccneu OP.. Sttae Sttree One ' - ' - ' 344575 Direct disturbance ofwetlands through construction and the use ofheavy equipment within wetlands; Sewer line traversing,impacting and directly disturbing wetlands; Filling ofwetlands; Cutting,stripping,or uprooting ofwetlands vegetation; Great increase of stormwater flow from proposed expanses of impervious surface and diversion of stormwater flow,which will increase sedimentation and degade surface water and groundwater quality; Exacerbation of flooding by greatly increasing the extent of impervious surface and by inhibiting the function of area wetlands; Unearthing,displacement,mobilization,and discharge of historic pesticide contamination on site by the proposed construction activities; Increase of traffic congestion along Buckland Road in South Windsor and Buckland Street in Manchester and the degradation of local air quality; Increase of noise emissions; Increase of light pollution;and Future undefined but inevitable short-and long-term impacts given that this proposal is part of larger proposed development. -]6_ 231277 Hnfdaor, Ctitonneccu 061231277- Tle. OR. Bxo [860) Sttae Strtee One 5482600- 54a2680- Fax [860] Jrisu No. 65040 ~ ' ' O - FOURTH COUNT (Regarding Poag &McEwen Lifestyle Centers-Connecticut,LLC and The Shops at Evergreen Walk) 1—16.Pavilions and HCTSS incorporate Paragraphs 1 to l6,inclusive,of the First Count as Paragraphs 1 to 16,inclusive of this Fourth Count. l7.As part ofthe larger proposed development of Evergreen Walk,Poag &McEwen proposes to construct an approximately 288,000—square—foot,multi-building retail/commercial complex known as The Shops at Evergreen Walk on approximately 46.5 acres of the 235-acre parcel located on the west side of Buckland Road,south of Deming Street and north of Smith Street in South Windsor. l8.Evergreen Walk Lifestyle Center,LLC owns the land upon which Poag &McEwen proposes to construct The Shops at Evergreen Walk. 19.Wetlands comprise approximately 23.6%of the proposed site.The proposed development will require the clearing ofwooded areas on the site,the alteration ofwetlands and watercourses,and extensive disturbance and construction within 80 feet ofwetlands and watercourses. 20.On or about May 8,2003,Poag &McEwen submitted an application to Flaming &Zoning requesting approval of the construction of The Shops at Evergreen Walk and related improvements. 21.Poag &McEwen’s application involved “conduct which has,or which is reasonably likely to have,the effect ofunreasonably polluting,impairing or destroying the public trust in the air,water or 344575 ,17 , One Sttree Sttae 6(50) Tle. 061231277- Ctitonneccu Hamdor. 231277 Box PO.. b45ZbUU— r‘wb‘ulax a4626w- No. dnus uautw ~ - ' 0 ~ other natulal resources 0f the state,”Conn.Gen.Stat.§223—1 9.Pavilions filed a Verifled Petition to Intervene as apaity pursuant to Conn.Gen.Stat.§22a—19 on or about June 23,2003. 22.At a regularly scheduled meeting on or about June 24,2003,Flaming &Zoning acknowledged and/or granted the Verified Petition to Intervene ofPavilions. 23.Planning &Zoning held a public hearing on Poag &McEwen’s application on June 24,2003, July 8,2003,July 29,2003,September 16,2003,and September 23,2003. 24.Pavilions made a pn'ma facie showing that the proposed regulated conduct is reasonably likely to have the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state. 25.Poag &McEwen failed to rebut Pavilions’s prima facie showing by offering evidence to the contrary or by showing that,considering all relevant surrounding circumstances and factors,there is no feasible and prudent alternative to Poag &McEwen’s proposed regulated activity and that such proposed regulated activity is consistent with the reasonable requirements ofpublic health,safety and welfare. 26.On September 23,2003,Planning &Zoning issued its approval,with conditions,of the construction of The Shops at Evergreen Walk,and,on September 27,2003,published notice of the approval. 27.Poag &McEwen’s proposal to construct The Shops at Evergreen Walk constitutes “regulated activitf’pursuant to Conn.Gen.Stat.§22a—36 through 223-45,inclusive. 344575 _1 8 _ 062321177- Htfdaror, Ctitonneccu 232177 PO.. Sttae Strtee One Box Tle. [860] 5482600V 5482650- Fax [860) No. Jnus 65040 ' - - - ' 28.On May 13,2003,Poag &McEwen applied to Inland Wetlands requesting approval and/or a permit to conduct regulated activity related to the development of The Shops at Evergreen Walk, 29.Poag &McEwen’s application involved “conduct which has,or which is reasonably likely to have,the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.”Conn.Gen.Stat §22a—19.Pavilions tiled a Verified Petition to Intervene as aparty pursuant to Conn.Gen.Stat.§22a—19 on or about June 18,2003. 30.At a regularly scheduled meeting on or about June 18,2003,lnland Wetlands acknowledged and/or granted the Verified Petition to Intervene of Pavilions. 31.Inland Wetlands held public hearings on Poag &McEwen’s application on June 18,2003,July 2, 2003,July l6,2003,and September 3,2003. 32.Poag &McEwen’s application was incomplete because it failed to address all environmental issues raised by the proposal,including,inter alia,the scope and extent of impacts on wetlands and watercourses,the cumulative impacts of a sequence ofplanned activities on affected wetlands and watercourses,and whether the construction of the proposed areas of impervious surface will restrict the surface water recharge of the wetland designated as Wetland 9. 33.Poag &McEwen failed to present the cumulative impacts of a sequence of planned activities on affected wetlands and watercourses,contrary to Conn.Gen.Stat.§22a-41(a)(3),(4),and (6),and of Sections ll.2.C.,ll.2.D.,and 11.2.F.ofthe Regulations. 344575 _19 _ (860) 56040 Jirus 5482680- tfHdaror, 320612177- lTe.[860] 5482600- Fax No. OP.. 232717. Bxo Ctitonneccu Sttae Strtee One ' ' ' ' - 34.Poag &McEwen failed to demonstrate the absence of a feasible and prudent altemative to its proposal,including,inter alia,the altemate desigi or siting of the project and the Gateway Trunk Sewer to minimize the impact on wetlands. 35.Poag &McEwen and Inland Wetlands staff improperly conducted one or more ex parte meetings regarding the projected significant environmental impacts of the proposal and modifications to the application to address those impacts,including the construction of a 330—foot riparian buffer.Jefney H. Folger,Environmental Planner/Conservation Officer,recommended the construction of the riparian buffer to minimize the impact upon wetlands and watercourses.Mr.Folger and Poag &McEwen met to discuss the riparian buffer and revisions to the proposal some time between August 26,2003 and September 3,the date of the last hearing on the application,when Poag &McEwen presented plans for the riparian buffer to Inland Wetlands.Despite its status as a party intervenor,Pavilions was not provided notice or an opportunity to participate in the meeting with Mr.Folger and Poag &McEwen, and was denied an adequate opportunity to review and comment upon the proposed riparian buffer. 36.On September 17,2003,Inland Wetlands voted to approve Poag &McEwen’s application, excluding the riparian buffer,and,on September 20,2003,published notice of its approval. 37.Despite its specific request to participate in meetings and negotiations conceming the riparian buffer after September 17,Pavilions was not provided notice or an opportunity to participate in continuing administrative proceedings conceming the riparian buffer. 344575 _20 _ tfHdaror. Ctitocnnecu (]860 5482680- 5826004- (860)lTe. 062321177— 232717 Box OF.. One Sttae Fax Sttree No. 65040 Jrlus ' ' ' ' ' 38,To date,Inland Wetlands has not approved the riparian buffer proposal or its construction, despite the recording by Evergreen Walk,LLC on November 23,2003 of a document entitled “Declaration of Restrictions i Riparian Buffer”in Volume 1554 at Page 284 of the South Windsor Land Records,Such Declaration was approved by the South Windsor Environmental Planner/Conservation Officer,Jeffrey Folger,and the South Windsor Town Attorney,Barry Guliano,as indicated by their signatures dated November 21 ,2003, 39.Poag &McEwen’s proposed development of The Shops at Evergreen Walk and related improvements will cause “unreasonable pollution,impairment or destruction”ofthe “public trust in the air, water and other natural resources of the state.”Conn.Gen.Stat.§22a—16. 40.The proposed development of The Shops at Evergreen Walk and related improvements involves, inter alia,such conduct in one or more of the following ways: a.Failure to meet the requirements of state statute and the Regulations regulating pollution in the air,water or other natural resources of the state. b.Loss of open space within South Windsor,contrary to the Open Space Master Plan and the dran Plan of Conservation and Development; Harassment,displacement,and possible wounding and killing of wildlife,including possible threatened species,endangered species,and species of special concem; d.Destruction of wildlife habitat; 344575 ,21 a tfHdraor. Oen P0.. Box 232717 Ctitonneccu 061231277- lTe.{)860 5482600- Sttae Sttree (80)6 5482680- Fax 56040 Jiurs No. 0 t - v - e.The threat of water pollution posed by the location of the temporary stormwater detention basin within the flood plain of Plum Gully Brook,the alteration ofthe floodway by the construction,location,and potential future alteration,removal,or deconstruction of the temporary stormwater detention basin,and construction associated with the proposed permanent stormwater detention basin; Erosion of soils through stormwater runoff during construction; g.Increase of stormwater flow from the construction of impervious surface for over 1,700 parking spaces,walkways,and loading areas,and diversion of stormwater,which will increase erosion and sedimentation and degrade surface water and groundwater quality; h.Exacerbation of flooding by greatly increasing the extent of impervious surface and by inhibiting the function of area wetlands; Unearthing,displacement,mobilization,and discharge of historic pesticide contamination on site by the proposed construction activities; Increase of traffic congestion along Smith Street in South Windsor,Buckland Road in South Windsor,and Buckland Street in Manchester,resulting in the degradation of local air quality; k,Increase of light pollution; 344575 I 22 _ tfHdaror, ()860 5482600- 223177 Cttionneccu 062327711- 5826840- Tle. F(860)ax Jull-s Box 65004 PO.. No. Sttree Sttae One ' ' ' - ' FIFTH COUNT (Regarding Evergreen Walk,LLC,the Town of South Windsor,and the Gateway Trunk Sewer) 1—16i Pavilions and HCTSS incorporate Paragraphs 1 to l6,inclusive,ofthe First Count as Paragraphs 1 to 16,inclusive,of this Fifth Count. 344575 v 23 u Direct disturbance of wetlands through construction and the use of heavy equipment within wetlands; Filling ofwetlands; Cutting,stripping,or uprooting of wetlands Vegetation; Erosion of soils and sedimentation within wetlands through construction activity; p.Erosion of and sedimentation within watercourses; q.Diversion or restriction of flow of watercourses; r.Utility line traversing,impacting and directly disturbing wetlands; s.The amount of impervious surface proposed is in excess of South Windsor zoning requirements t.The proposal does not incorporate intermodal transportation;and Future undefined but inevitable short—and long-term impacts given that this proposal is part of larger proposed development. 5482600~ (]860 tfHdaror, (860} Ctitoccnneu Fax Tle. 5826840- 2771 06231- 232177 56040 J£rus Sttree No. RO. Box Sttae One ' ' ' ' ' 17.The proposed development of Evergreen Walk appears to require the construction ofnew, substantial sewer facilities,including interconnections with the existing public sewer system. 18,A part ofthe larger proposed development of Evergreen Walk is the Gateway Trunk Sewer,a twelve-inch,PVC sanitary sewer trunkline proposed for installation from Clark Street for approximately 3,000 linear feet eastward to a point approximately 1,400 feet west of Buckland Street.The Gateway Trunk Sewer appears to be a development intended to serve the proposed developments of the Expo Desigi Center,The Shops at Evergreen Walk,the ECHN Medical Building,and other nearby land to the east and north ofthose developments. l9.The proposed development will require the clearing ofwooded areas on the site and the crossing of four wetlands and one watercourse known as Plum Gully Brook.Installation of the Gateway Trunk Sewer will disturb wetlands along a path thirty feet wide,and will disturb wetlands and upland. 20.The Plum Gully Brook wetland system has high value for wetland mnctions such as wildlife habitat,flood storage,nutrient retention,sediment trapping,and groundwater recharge and discharge. 21.On or about June 4,2002,Evergreen submitted a preliminary application to request written approval ofthe WPCA.Evergreen submitted the application pursuant to the Code of Ordinances of the Town of South Windsor (the “Code")§98-121,which requires Evergreen and any purchaser,tenant,or other occupant of Evergreen Walk to obtain approval from the WPCA for a new connection to the public sewer system. 344575 _24 _ 5826004~ 56040 5868420- (860) ()860 Fax Tle. 062327714 Ctitonneccu tfdHraor. Jirus No. OR. Box 231277 Sttae Strtee One - ~ ' c ' 22.The Code authorizes the WPCA to consider requests for approval to connect and to determine whether to approve or deny such requests. 23.Evergreen’s application involved “conduct which has,or which is reasonably likely to have,the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.”Conn.Gen.Stat.§22a—19.Pavilions filed a Verified Petition to Intervene as a party pursuant to Conn.Gen.Stat.§22a-19 on or about November 4,2002. 24.At a regularly scheduled meeting on or about December l7,2002,the WPCA acknowledged and/or granted the Verified Petition to Intervene ofPavilions. 25.The WPCA held a public hearing on Evergreen’s application on June 4,2002 and December 3, 2002. 26.On or about June 4,2002,at its regular meeting,the WPCA approved “the location and preliminary design of the sewer line,subject to the technical review of the South Windsor Engineering Department and ...recommend[ed]the Town [of South Windsor]be the applicant [on the wetlands permit application]for the project ...in as much as the trunkline will ultimately be accepted by the Town ....” 27.On December l7,2002,the WPCA granted full approval and issued the sewer connection permit. 344575 _25 _ (860) 5482600v)(860 Htfdaror. Fax Tle. 5482680- 062327711- Ctitonncccu 232717 Jrlus Box Sttree No. PO.. 65040 Sttae One ' ' ' ' ' 28.On July 22,2003,the WPCA approved revisions to thc Gateway Trunk Sewer application proposed by the Town of South Windsor.These revisions included the redirection of the path ofthe Gateway Trunk Sewer to circumvent a wetlands area and to accommodate the construction of a stormwater retention basin,which required an extension of the Gateway Trunk Sewer by approximately titty feet and the addition of two manholes. 29,On July 22,2003,the WPCA issued approvals to connect to the Gateway Trunk Sewer pursuant to the separate applications of:(i)Poag &McEwen for the proposed development of The Shops at Evergreen Walk,(ii)Evergreen Walk,LLC for the proposed development of the Expo Design Center, and (iii)Casle for the proposed development of the ECHN Medical Building. 30,The construction of the Gateway Trunk Sewer as proposed and the connections thereto constitute “regulated activity”pursuant to Conn.Gen.Stat.§22a-36 through 22a—45,inclusive. 31.On June 18,2003,the Town of South Windsor applied to Inland Wetlands requesting approval and/or a permit to conduct regulated activity related to the construction of the Gateway Trunk Sewer. 32.The application of the Town of South Windsor involved “conduct which has,or which is reasonably likely to have,the effect ofunreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.”Conn.Gen.State §22a-19.Pavilions filed a Verified Petition to Intervene as a party pursuant to Conn.Gen.Stat.§2221—19 on or about July 30,2003. 344575 ,26 , 5826040- 5482680- (]860 lTeV()860 Fax 061232771- Ctitconnecu tfdHaror, Jlrsu NOV 65004 PO,. BOX 231277 Sttae Sttree One ' ' ' - ' 33.At a regularly scheduled meeting on or about July 30,2003,Inland Wetlands acknowledged and/or granted the Verified Petition to Intervene of Pavilions. 34.1nland Wetlands held public hearings on the application ofthe Town of South Windsor on July 30,2003 and September 3,2003. 35.The Town of South Windsor’s application was incomplete because it failed to address all environmental issues raised by the proposal,including,inter alia,the scope and extent of impacts on wetlands and watercourses. 36.The Town of South Windsor failed to demonstrate the absence of a feasible and prudent altemative to its proposal,including,inter alia,the altemate desigi or siting of the Gateway Trunk Sewer to minimize the impact on wetlands and watercourses. 37.The Town of South Windsor failed to present the cumulative impacts of a sequence of planned activities on affected wetlands and watercourses,contrary to Conn.Gen.Stat.§22a-41(a)(3),(4),and (6),and ofSections ll.2.C.,ll.2.D.,and 11.2.F.ofthe Regulations. 38.On September 17,2003,Inland Wetlands voted to approve the application of the Town of South Windsor,and,on September 20,2003,published notice of its approval. 39.The proposed development of the Gateway Trunk Sewer and the connections thereto will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources of the state.”Conn.Gen.Stat.§22a—16. 344575 ,27 a 5826804— )(860 (860)Fax 65004 No. Jlurs lTe. 5482600- tfHdaror. 062312771- Ctitonneccu 223177 OF.. Box Sttea - ' Sttree ' One ‘ ' 40. inter alia,such conduct in one or more of the following ways: Direct disturbance,including trenching,of wetlands and watercourses through construction and the use of heavy equipment within wetlands; Filling ofwetlands; Cutting,stripping,or uprooting of wetlands vegetation; Erosion and sedimentation of wetlands through construction activity; Harassment,displacement,and possible wounding and killing of wildlife,including possible threatened species,endangered species,and species of special concern; Destruction of wildlife habitat; Erosion of and sedimentation within Plum Gully Brook; Great increase of storrnwater and diversion of stormwater flow,which will increase erosion and sedimentation and degrade surface water and groundwater quality; Exacerbation of flooding by inhibiting the function of area wetlands; Unearthing,displacement,mobilization,and discharge ofhistoric pesticide contamination on site by the proposed construction activities;and Future undefined but inevitable short—and long-term impacts given that this proposal is part of larger proposed development. 344575 _2g_ The proposed development ofthe Gateway Trunk Sewer and the connections thereto involve, 5816004- 65004 N0. drlus 54&2680- [860] 770612312- Fax l‘l'e. 850)( Bxo 231277 Hamdor, Cti£onneccu S‘tae RO, Strtee One ' ' ' ' ' SIXTH COUNT (Regarding the South Windsor Planning &Zoning Commission and its Approval of the General Plan of Development of Evergreen Walk) l—l 8.Pavilions and HCTSS incorporate Paragraphs l to l8,inclusive,ofthe First Count as Paragraphs l to 18,inclusive,of this Sixth Count. 19.Planning &Zoning acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/or prejudge the application and related regulated activity not presented in the application,and therefore not considered by Planning &Zoning in its approval of the application. 20.Flaming &Zoning improperly approved the application because it lacked jurisdiction over the application and failed to comply with Conn.Gen.Stat.§8-3(g)by issuing its approval before Inland Wetlands rendered its decision with respect to the regulated wetlands activities proposed in the application. 21.Planning &Zoning’s approval of the application of Evergeen for the General Plan of Development of Evergreen Walk will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources of the state.”Conn.Gen.Stat.§22a-l6. 344575 A 29 Z 65040 N0. Jirsu 5482680- tfHdraor. F(860)ax lTe.(860) 5482600- Ctitcconneu 061231277- PO.. 231277 Box Sttae Sttree ' ‘ One ' ' ' SEVENTH COUNT (Regarding the South Windsor Planning &Zoning Commission and Its Approval of the Expo Design Center) 1-27.Pavilions and HCTSS incorporate Paragraphs 1 to 27,inclusive,of the Second Count as Paragraphs 1 to 27,inclusive,ofthis Seventh Count. 28.The application involved activities regulated under Conn.Gen.Stat.§§22a-36 through 22a-45, inclusive (“Regulated Wetlands Activities”),including the construction ofwater and sanitary sewer mains that Evergreen proposes to connect to the Expo Design Center building,and was accepted prior to the submission to Inland Wetlands of an application to conduct the same. 29.Flaming &Zoning lacked jurisdiction over the application,and failed to comply with Conn.Gen. Stat.§8—3(g)by rendering its Site Plan Approval before Inland Wetlands rendered its decision with respect to all the regulated wetlands activities involved in the application for the Gateway Trunk Sewer. 30.Flaming &Zoning determined without an adequate evidentiary basis and contrary to the evidence presented that the proposed construction of Expo Design Center is not “conduct which has,or which is reasonably likely to have,the effect ofunreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.” 31.Planning &Zoning failed to consider and failed to find,on the basis of the record,the absence of a feasible and prudent altemative to the proposed construction ofthe Expo Design Center,as required 344575 a 30 n RO. Box 231277 Sttae Strtee Oen Hamdor. 061231277- Tle. (860] b4§ZbUU~ Ctltonneccu 54526§U- Fax W60) JHuS 65004 N0. ' ' ' ' ' pursuant to Conn.Gen.Stat.§22a-19,and Evergreen failed to present any and/or sufficient evidence of a feasible and prudent alternative,or the absence thereof,to Evergeen’s proposed regulated activity including,without limitation,whether the construction of the buildings and improvements proposed by Evergreen at another location,on the balance of Evergreen’s approximately 75.3 acre parcel,on other contiguous land of Evergreen,or elsewhere,is feasible and prudent 32.The site plan approval failed to conform to Conn.Gen.Stat.§22a-19,by authorizing conduct which is reasonably likely to have the effect of unreasonably polluting,impairing,or destroying the public trust in the air,water or other natural resources of the state. 33.Planning &Zoning failed to comply with the standards provided for by the statutory scheme detailed in Conn.Gen.Stat.§§22a-15 through 22a—19,in that Planning &Zoning failed to adequately consider Evergreen’s alleged unreasonable pollution,impairment or destruction of the public trust in the air, water or other natural resources of the state. 34.Planning &Zoning acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/or prejudge the application and related regulated activity not presented in the application,and therefore not considered by Planning &Zoning in its approval of the application. 35.Flaming &Zoning improperly prejudged the application by preliminarily approving the general site plan of development for Evergreen Walk in 2001,an action which exceeded the legal authority of Flaming &Zoning. 344575 ,31 Z Fax (860) 5826004- ()860 5826804< Jr‘lus N0. 65040 Tle. 061231277- Ctitonneccu tfdHaror. 232717 Box PO.. ' Sttae ' Sttree ' One ' ' 36.Flaming &Zoning committed several substantive and procedural irregularities,particularly the denial of Pavilions’s Verified Petition to Intervene on January 14,2003.Planning &Zoning improperly and illegally abused its discretion in not recognizing and acknowledging Pavilions’s intervenor status on November 25,2002,the date of filing of the Verified Petition to Intervene,and thereafter fomially denying the Verified Petition to Intervene on January 14,2003,thereby denying Pavilions the provision of timely notice regarding the administrative proceedings and the submission of documents into the record,an adequate opportunity to comment upon the application,and the ability to present relevant evidence at various stages ofPlanning &Zoning’s proceedings,which prevented the meaningfiil opportunity to participate in the proceedings. 37‘Planning &Zoning’s approval of the application of Evergeen for the development ofthe Expo Design Center will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources ofthe state.”Conn.Gen.Stat.§22a—l6. EIGHTH COUNT (Regarding the South Windsor Planning &Zoning Commission and Its Approval of the Eastern Connecticut Health Network Medical Building) 1—24.Pavilions and HCTSS incorporate Paragraphs 1 to 24,inclusive,of the Third Count as Paragraphs I to 24,inclusive,ofthis Eighth Count. 344575 _32 _ 5842680~ 56040 (80)6 5826004- [)860 No‘ Jrlus tfdHaror, Ctitonneccu 062327711- Tle. Fax 231277 Box PO‘. Sttr€e Sttae Oen ' ' ' ' ' 25.Flaming &Zoning failed to addless all environmental issues raised by Caslc’s proposal, including,inter alia,a conservation easement and/or riparian buffer adjacent to Plum Gully Brook, which would serve several sigrificant environmental mnctions,including,inter alia,habitat for wildlife. 26.Flaming &Zoning failed to consider and failed to find,on the basis of the record,the absence of a feasible and prudent altemative to the proposed construction of the ECHN Medical Building,as required pursuant to Conn.Gen.Stat.§22a—19,and Casle failed to present any and/or sufficient evidence of a feasible and prudent altemative,or the absence thereof,to the development of the ECHN Medical Building in a manner involving substantial filling of wetlands and other pollution of the water, air and other natural resources of the state including,without limitation,whether the construction of the buildings and improvements proposed by Evergreen at another location,on the balance of Evergreen’s approximately 17 acre parcel,on other contiguous land of Evergreen,or elsewhere,is feasible and prudent. 27.Flaming &Zoning failed to consider the cumulative environmental impacts of the sequence of planned activities proposed by Casle’s application and the proposed development ofEvergreen Walk. 28.Planning &Zoning failed to consider the extent,concentration,and potential impact ofpesticide contamination on the site and to require the best available technology to prevent the discharge of the same as pollution,contrary to Sections 5.8.6.d.2(c)and 5.8.6.e.4 ofthe Regulations. 344575 a 33 a tfdHaror. 022613177- [860] lTe.(860) 5826004- Fax 5826840V Box 65040 No. Jlurs 231277 Ctitonneccu PO., S‘tae Sttree Oen ' v - - - 29.Planning &Zoning improperly prejudgcd the application by preliminarily approving the general site plan of development for Evergreen Walk in 2001,an action which exceeded the legal authority of Planning &Zoning. 30.Planning &Zoning determined without an adequate evidentiary basis and contrary to the evidence presented that the proposed construction of the ECHN Medical Building is not “conduct which has,or which is reasonably likely to have,the effect ofunreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.” 31.Planning &Zoning’s approval failed to conform to Conn.Gen.Stat.§22a—19,by authorizing conduct which is reasonably likely to have the effect of unreasonably polluting,impairing,or destroying the public trust in the air,water or other natural resources of the state. 32.Flaming &Zoning failed to comply with the standards provided for by the statutory scheme detailed in Conn.Gen.Stat.§§22a-1 5 through 22a—l9,in that Flaming &Zoning failed to adequately consider Casle’s alleged unreasonable pollution,impairment or destruction ofthe public trust in the air, water,or other natural resources of the state. 33.Planning &Zoning acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/or prejudge the application and related regulated activity not presented in the application,and therefore not considered by Flaming &Zoning in its approval of the application. 344575 a 34 , (F860]ax )(8605482600- 65040 No. Jlrus 5482680~ tfHdraor. 320612177— lTe, Ctitconnecu 227317 PO. Box Sttae Sttree One ' ' ' ' ' 34.Flaming &Zoning’s approval of the application of Casle for the development ofthe ECHN Medical Building will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources of the state.”Conn.Gen.Stat.§22a-16. NINTH COUNT (Regarding the South Windsor Planning &Zoning Commission and Its Approval of The Shops at Evergreen Walk) 1‘26.Pavilions and HCTSS incorporate Paragraphs 1 to 26,inclusive,of the Fourth Count as Paragraphs 1 to 26,inclusive,of this Ninth Count. 27.Flaming &Zoning determined without an adequate evidentiary basis and contrary to the evidence presented,that the proposed construction and operation of The Shops at Evergreen Walk does not involve “conduct which has,or which is reasonably likely to have,the effect of unreasonably polluting,impairing or destroying the public trust in the air,water or other natural resources of the state.” 28.Planning &Zoning failed to consider and failed to find,on the basis of the record,the absence of a feasible and prudent alternative to the proposed construction and operation of The Shops at Evergreen Walk,as required pursuant to Conn.Gen.Stat.§22a—19,and Poag &McEwen failed to present any and/or sufficient evidence concerning a feasible and prudent altemative,or the absence thereof,to the construction and operation of The Shops at Evergreen Walk in a manner involving,inter alia,substantial filling of wetlands and other pollution of the water,air and other natural resources of the state including, 344575 Z 35 _ 5864280- tfHdaror. (860) lTe.(860) 5826004- Fax 56040 061231277- Ctitonneccu Jtrus No. PO.. BOX 231277 Sttae Sttree One ' ' 0 ' ' without limitation,whether the construction and operation of the buildings and improvements proposed by Evergreen at another location,on the balance of Evergreen’s approximately 230 acres of adjoining land,on other contiguous land of Evergreen,or elsewhere,is feasible and prudent, 29.Planning &Zoning’s approval failed to conform to Conn.Gen,Stat,§22a—19,by authorizing conduct which is reasonably likely to have the effect of unreasonably polluting,impairing,or destroying the public trust in the air,water or other natural resources of the state 30.Flaming &Zoning failed to comply with the standards provided for by the statutory scheme detailed in Conn.Gen.Stat.§§22a-1 5 through 22a-19,in that Planning &Zoning failed to adequately consider Poag &McEwen’s alleged unreasonable pollution,impairment or destruction of the public trust in the air,water or other natural resources of the state. 31.Flaming &Zoning failed to consider the cumulative environmental impacts of the sequence of planned activities proposed by Poag &McEwen’s application and the entire proposed development of Evergreen Walk. 32.Planning &Zoning improperly prejudged the application by preliminarily approving the general site plan of development for Evergreen Walk in 200],an action which exceeded the legal authority of Planning &Zoning. 344575 _36 _ tfHdaror. (F860]ax 5826004- (860]lTe. 062321177- Ctitconnecu 231277 Box PO‘. Sttree One 5482680- Sttae N0. Jrius 65004 0 0 ' ' ' 33.Planning &Zoning acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/or prejudge the application and related regulated activity not presented in the application,and therefore not considered by Planning &Zoning in its approval of the application. 34.Planning &Zoning failed to consider the extent,concentration,and potential impact on the environment of documented,historic pesticide contamination which the proposed construction activities will unearth,displace,mobilize,and discharge. 35.Flaming &Zoning failed to inquire into the underlying scientific or technical bases of so—called expert testimony presented by Poag &McEwen with respect to testing of environmental media nom the project site continuing,generically,the existence ofpesticides on the site,and Flaming &Zoning accepted and/0r adopted such testimony,which testimony did not include adequate information concerning the methodologies employed or the data generated by the employment of such methodologies. 36.Flaming &Zoning’s approval of the application of Poag &McEwen for the development ofThe Shops at Evergreen Walk will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources of the state.”Conn,Gen.Stat.§22a-16. 344575 _37 _ Sttree mbHdar. 231277 Sttae Ctitonneccu Box RO. One 5842600— (860) Tle. 061231277‘ 5482680- F(860]ax No. 65040 Jrlus ‘ v ' ' ' TENTH COUNT (Regarding the South Windsor Inland Wetlands Agency/Conservation Commission and Its Approval ofthe Expo Design Center) 1-26.Pavilions and HCTSS incorporate Paragraphs I to l7,inclusive,and 28 to 36,inclusive,ofthe Second Count as Paragraphs l to 26,inclusive,of this Tenth Count, 27.Inland Wetlands failed to consider and failed to find,on the basis of the record,the absence of a feasible and prudent alternative to the uses of the wetlands and watercourses proposed in Evergeen’s permit application for regulated activity,as required pursuant to Conn.Gen.Stat.§§22a—19, 22a-41(a)and 22a—41 (b)(1 ). 28.Inland Wetlands failed to comply with the standards provided for by the statutory scheme detailed in Conn.Gen.Stat.§§22a-15 through 22a—l9,in that Inland Wetlands failed to adequately consider Evergreen’s alleged unreasonable pollution,impairment or destruction of the public trust in the air,water or other natural resources of the state. 29.Inland Wetlands acted illegally,arbitrarily and abused the discretion vested in it by,inter alia: a.Being predisposed to approve and/or prejudge the application by virtue ofPlanning & Zoning’s approval of the General Plan of Development in 2001,and to approve and/or prejudge related regulated activity not presented in the application,including,inter alia,the Gateway Trunk Sewer. b.Permitting various alternate members to participate in the decision of approving the application without sufficiently acquainting themselves with the issues raised,the evidence and 344575 ,3g _ tfdHraor. Fax (860) 5826004- (860)lTe, 5842680- 062321177- Ctitonneccu 65004 Sttrce Jnus No. PO.. Box 231277 Sttae One ' ' ' ' v arguments presented at the public hearings,and the evidence before Inland Wetlands regarding the application,in order to exercise an informed judgment on the permit application. c.Failing to respond to the proper requests of Pavilions under the Freedom of Information Act,Conn.Gen.Stat.§1—212,thereby denying Pavilions an adequate opportunity to comment upon the application and present relevant evidence at various stages of the administrative proceedings. d.Not recognizing and acknowledging the intervenor status ofPavilions on November 20, 2002,the date of tiling of the Verified Petition to Intervene,and thereaher formally denying the Verified Petition to Intervene on December 4,2002,thereby denying Pavilions the provision of timely notice regarding the administrative proceedings and the submission of documents into the record,an adequate opportunity to comment upon the application and the ability to present relevant evidence at various stages of the administrative proceedings. e.Failing to accept evidence offered by Pavilions,as intervenor,into the record,including, but not limited to reports and materials prepared and/or submitted to the U.S.Anny Corps of Engineers by Fuss &O’Neill regarding the Buckland Gateway Trunk Sewer Line. f.Failing to consider the extent,concentration,and potential impact on wetlands and watercourses of documented,historic pesticide contamination which the proposed construction activities will unearth,displace,mobilize,and discharge. 344575 ,39 , tfdHaror. (0)86lTe. ()860 231277 5860420- 56040 Jrlus 5482680- Fax 061231277< One Sttae Ctitonneccu Box PO.. Sttere N0. ' ~ ' ' ' 30.The approval by Inland Wetlands of the application of Evergreen for the Expo Design Center will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources ofthe state.”Conn.Gen.Stat.§22a—16. ELEVENTH COUNT (Regarding the South Windsor Inland Wetlands Agency/Conservation Commission and Its Approval of The Shops at Evergreen Walk) 1—23.Pavilions and HCTSS incorporate Paragraphs l to 17,inclusive,27 to 31,inclusive,and 36 of the Fourth Count as Paragraphs l to 23 of this Eleventh Count. 24.Inland Wetlands acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/or prejudge the application and related regulated activity not presented in the application,and therefore not considered by Inland Wetlands in its approval ofthe application. 25.At its September 3,2003 hearing,Inland Wetlands restricted Pavilions’presentation to Inland Wetlands conceming the proposal to twenty minutes before closing the public hearing the same evening, despite the fact that Pavilions had received revised plans on July 24 and August 21,and that evening,the aforementioned riparian buffer proposal.Such limitation denied Pavilions a fair opportunity to submit evidence and question Poag &McEwen,to whom Inland Wetlands provided approximately four to five hours during prior hearing dates to present its evidence.Such limitation prevented Pavilions nom 344575 _40 _ Sttae b‘a‘'UllIZII- CUEOI‘H‘IECC‘J HaJ’LIOOF‘ 251277 HOX FU.. One Sktee l5U]h raX 1le’ b46ZbUU- l§bUJ NO. 53040 dnus D45Zb5U- ' ' ' ' ' effectively exercising its rights as a party intervenor under Conn.Gen.Stat §22a-19,and prejudiced Pavilions. 26.Inland Wetlands failed to consider the extent,concentration,and potential impact on wetlands and watercourses of documented,historic pesticide contamination,which the proposed construction activities will unearth,displace,mobilize,and discharge. 27.lnland Wetlands based its approval of Poag &McEwen’s application on inadequate bases,in that it accepted and/or adopted the testimony of Poag &McEwen’s expert witnesses regarding the impacts on wetlands and the on—site pesticide contamination without inquiring of the underlying scientific or technical bases of the experts’testimony. 28.Inland Wetlands failed to state on the record a finding that there exists no feasible and prudent alternative to Poag &McEwen’s proposal,as required by Conn.Gen.Stat.§22a—4l(b)(1)and Section 11.3 of the Regulations,and failed to consider,inter alia,the alternate desigi or siting of the project and the Gateway Trunk Sewer to minimize the impact on wetlands. 29.Inland Wetlands approved Poag &McEwen’s proposal,despite the fact that it is reasonably likely to cause the unreasonable pollution,in that it violates the requirements of statutes regllating pollution of,inter alia,the air,water,or other natural resources ofthe state. 344575 _41 _ Sttae 062277131- Ctitocnnecu Hamdor. 231277 BOX RO, One Sttree [860) Fax Tle. 5482680- 5482600- (860) NO‘ 65040 Jiurs ' ' ' ' ' 30.Inland Wetlands found,erroneous}y and contrary to the substantial evidence in the record,that the development of The Shops at Evergreen Walk as proposed did not present a reasonable probability of unreasonable pollution under the Connecticut Environmental Protection Act. 31.As a consequence of its erroneous finding,Inland Wetlands did not require Poag &McEwen to rebut Pavilions’s prima facie case of unreasonable pollution. 32.Inland Wetlands discussed the imposition of conditions upon its approval of The Shops at Evergreen Walk,thus belying its fon'nal finding of no unreasonable pollution. 33.Inland Wetlands failed to address all environmental issues raised by Poag &McEwen’s proposal, including,inter alia,the scope and extent of impacts on wetlands and watercourses,and,particularly, whether the construction of areas of impervious surface,as proposed,will restrict the surface water recharge of the wetland designated as Wetland 9. 34.Inland Wetlands failed to consider the cumulative impacts of a sequence of planned activities on affected wetlands and watercourses,contrary to Conn.Gen.Stat.§22a~41(a)(3),(4),and (6),and of Sections 11‘2.C.,1].2.D.,and 11.2.F.ofthe Regulations. 35.The approval by Inland Wetlands of the applications ofPoag &McEwen for the development of The Shops at Evergreen Walk will cause “unreasonable pollution,impairment or destruction”ofthe “public trust in the air,water and other natural resources of the state.”Conn.Gen.Stat.§22a—16. 344575 ,42 n 5482600- PO.. Box 232771 (860) Htfdaror. Ctitonneccu 062327711- Tle. Sttae SttreC (860) One Jirus 5484680 Fax No, 65040 ' ' - ' ' TWELFTH COUNT (Regarding the South Windsor Inland Wetlands Agency/Consa’vation Commission and Its Approval of the Eastern Connecticut Health Network Medical Building) 1-24.Pavilions and HCTSS incorporate Paragraphs l to 17,inclusive,and 26 to 32,inclusive ofthe Third Count as Paragraphs 1 to 24 of this Twelfth Count. 25.Inland Wetlands acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/or prejudge the application and related regulated activity not presented in the application,and therefore not considered by Inland Wetlands in its approval of the application. 26.Inland Wetlands failed to address all environmental issues raised by Casle’s proposal,including, inter alia,a conservation easement and/or riparian buffer adjacent to Plum Gully Brook,which would serve several significant environmental functions. 27.Inland Wetlands failed to find,on the basis of the record,that a feasible and prudent altemative to Casle’s proposal does not exist,as required by Conn.Gen.Stat.§22a-4l(a)(2)and Section 11.2.B,of the Regalations,including,inter alia,the siting of the ECHN Building on one of ten available parcels that do not contain wetlands. 28.Inland Wetlands failed to consider adequate mitigation measures as a condition of the approval as required by Conn.Gen.Stat.§22a-41(a)(4)and Section 11.2.D.of the Regulations,and particularly allowed Casle to create wetlands in lieu of restoring or enhancing existing wetlands,contrary to Conn. Gen.Stat.§22a-41(a)(4)(C)and Section 11.2.D.3.ofthe Regnations. 344575 ,43 , 8542600- (860) tfHdaror. lTe.(]860 Fax 061231277- Ctitonneccu 232717 Box 5482680- 56040 Sttae N0. Jtrus PO.. Sttree One ' ' ' ' ' 29,Inland Wetlands failed to consider the cumulative impacts of a sequence ofplanned activities on affected wetlands and watercourses,contrary to Conn.Gen.Stat.§22a—41(a)(3),(4),and (6),and of Sections 11.2.C.,11.2.D.,and 11.2.F.ofthe Regulations. 30.Inland Wetlands considered the impacts of the ECHN Building and related improvements and possible alternatives and mitigation measures only upon the 4.26—acre site proposed by Casle,despite the fact that the site is part of a larger seventeen-acre parcel. 31.Inland Wetlands failed to consider the extent,concentration,and potential impact ofpesticide contamination on the site. 32.Inland Wetlands based its approval of Casle’s application,at least in part,upon its conclusion that the wetlands on the proposed site are “non-f1mctioning,”despite their classification as “wetlands” under Connecticut law. 33.The approval by Inland Wetlands of the application of Casle for the development of the ECHN Medical Building will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources of the state.”Conn.Gen.Stat.§22a—16. 344575 ,44 , PO.. {860] Box 231277 Htjdraor. 58426U0- Sttae Strtee Ctitonneccu 061231277- Tle. Oen Fax (860] 54E26é50- dnus No. 65040 - ‘ - ' ' THIRTEENTH COUNT (Regarding the South Windsor Inland Wetlands Agency/Conservation Commission and Its Approval of Gateway Trunk Sewer) 1—29.Pavilions and HCTSS incomorate Paragraphs 1 to 20,inclusive,and 3O to 38,inclusive,of the Fifth Count as Paragaphs 1 to 29,inclusive,of this Thirteenth Count. 30.Inland Wetlands acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/or prejudge the application and related regulated activity not presented in the application,and therefore not considered by Inland Wetlands in its approval of the application. 31.Inland Wetlands failed to address all environmental issues raised by the proposal of the Town of South Windsor,including,inter alia,the scope and extent of impacts on wetlands and watercourses. 32.Inland Wetlands failed to state on the record a finding that there is no feasible and prudent alternative to the proposal of the Town of South Windsor involving no 0r less impact on wetlands and watercourses,as required by Conn.Gen.Stat.§22a—4l (a)(2)and Section 11.2.B.of the Regulations,and ignored the conclusions of the “Report of Buckland Road Wasteshed Study,”dated June I995,by Weston &Sampson Engineers,Inc. 33.Inland Wetlands failed to consider the cumulative impacts of a sequence ofplanned activities on affected wetlands and watercourses,contrary to Conn.Gen.Stat.§22a-41(a)(3),(4),and (6),and of Sections 11.2.C.,11.2.D.,and 11.2.F.ofthe Regulations,by failing to consider,inter alia,how the 344575 _45 _ tfHdaror, Ctitonncceu Sttae Sttree One PO.. BOX 231277 061232771— TLe (860] 5482600- 5482680- Fax (86)0 65040 No. J‘lrus ' ' ' ' ' Gateway Trunk Sewer will service future development in areas north and east of the parcel,and the impact on the wetlands from public access to the wetlands. 34.Inland Wetlands found,erroneously and contrary to the substantial evidence on the record,that the development of the Gateway Trunk Sewer and the connections thereto as proposed did not present a reasonable probability of unreasonable pollution under the Connecticut Environmental Protection Act. 35.In accordance with its erroneous finding,Inland Wetlands did not require the Town of South Windsor to rebut Pavilions’prima facie case of unreasonable pollution. 36.Inland Wetlands discussed and/or considered the imposition of conditions upon its approval of the Gateway Trunk Sewer and the connections thereto to minimize the impact ofthe proposed development upon wetlands,thus belying its formal finding ofno unreasonable pollution. 37.Inland Wetlands failed to consider the extent,concentration,and potential impact on wetlands and watercourses of documented,historic pesticide contamination which the proposed construction activities will unearth,displace,mobilize,and discharge. 38.The approval issued by Inland Wetlands ofthe application ofthe Town of South Windsor for the development of the Gateway Trunk Sewer will cause “unreasonable pollution,impairment or destruction”ofthe “public trust in the air,water and other natural resources of the state.”Conn.Gen. Stat.§22a—16. 344575 _46 _ Fax (860) 5826004- (860]lTe. 5826804v 65040 tfHdaror, No. 061231277- Ctitoeccnnu Jrius 231277 BOX P0.. Sttree Sttae Oen ' ' ' ' 0 FOURTEENTH COUNT (Regarding the South Windsor Water Pollution Control Authority and Its Approval of the Gateway Trunk Sewer) 1—29.Pavilions and HCTSS incorporate Paragraphs 1 to 29,inclusive,of the FiRh Count as Paragraphs 1 to 29,inclusive,of this Fourteenth Count. 30.The WPCA acted illegally,arbitrarily,and abused the discretion vested in it by being predisposed to approve and/0r prejudge the application and related regulated activity not presented in the application, and therefore not considered by the WPCA in its approval of the application. 31‘The WPCA made its Final Decision without prior public notice that it would consider and make a decision on Evergreen’s application,thereby denying Pavilions an adequate opportunity to comment upon the application,question Evergreen and its experts,and present relevant evidence. 32.The WPCA made its Final Decision without responding to the proper requests of Pavilions under the Freedom of Infomation Act,thereby denying Pavilions an adequate opportunity to comment upon the application,question Evergreen and its experts,and present relevant evidence. 33.Between Evergreen’s submittal of its application and December 17,2002,numerous ex parte communications occurred between the WPCA and representatives of Evergeen. 34.The WPCA failed to consider feasible and prudent altematives to the development of Evergreen Walk as proposed,including alternatives contained in a study prepared for the WPCA by Weston and Sampson in 1995. 344575 ,47 n ][860 5868420- tfdHaror. F(860]ax lTe. 5826004- Cttioneccun 232771 06I23l277- Box 0P‘. No, 65004 Jiurs Sttea Strtee One ' ' ' ' ' 35.The WPCA has fostered and promoted the economic development of the proposed site of Evergreen Walk,and thus favorably prejudged Evergreen’s application. 36.Pavilions was denied a meaningful and timely opportunity to participate as a party in the aforementioned administrative proceedings before the WPCA. 37.The WPCA failed to consider the extent,concentration,and potential impact on the environment of documented,historic pesticide contamination which the proposed construction activities will unearth, displace,mobilize,and discharge. 38.The WPCA’s approval of the application of Evergreen for the Gateway Trunk Sewer will cause “unreasonable pollution,impairment or destruction”of the “public trust in the air,water and other natural resources ofthe state,”Conn.Gen.Stat.§22a—16. FIFTEENTH COUNT (Regarding the Substantial and Irreparable Harm Posed by the Proposed Development of Evergreen Walk,the Expo Design Center,the Eastem Connecticut Health Network Medical Building,The Shops at Evergreen Walk,and the Gateway Trunk Sewer) 1—472.Pavilions and HCTSS incorporate the First through Fourteenth Counts,inclusive,in their entirety as Paragraphs 1 to 472,inclusive,of this Fiheenth Count. 344575 _4g _ tfdHraor. Sttae Strtee Oen PO.. Box 231277 Ctitonneccu 061231277- Tle. (860) 5482600- Fax 5482680- (860) No. Jirus 65040 ' - I - ' 473.The construction ofEvergreen Walk,The Shops at Evergeen Walk,the Expo Design Center,the ECHN Medical Building,and the Gateway Trunk Sewer will substantially and irreparably hann the environment. 474.Pavilions and HCTSS lack an adequate remedy at law to address the substantial and irreparable environmental harm threatened by the construction of Evergeen Walk,The Shops at Evergreen Walk, the Expo Desiga Center,the ECHN Medical Building,and the Gateway Trunk Sewer. SIXTEENTH COUNT (Regarding Evergreen Walk,LLC and Its Application for Approval of the Development of the Gateway Trunk Sewer,and Poag &McEwen Lifestyle Centers—Connecticut,LLC, Evergreen Walk,LLC,and The Casle Corporation and Their Applications for Approval to Connect to the Gateway Trunk Sewer) 1-27.Pavilions and HCTSS incorporate Paragraphs 1 to l8,inclusive,and Paragraphs 21 to 29, inclusive,of the Filth Count as Paragraphs 1 to 27,inclusive,of this Sixteenth Count. 28.Upon information and belief,Evergreen Walk,LLC submitted separate applications to the WPCA for approval of the Gateway Trunk Sewer,and Poag &McEwen,Evergreen Walk,LLC,and Casle submitted separate applications for approval to connect to the Gateway Trunk Sewer,for the purpose ofavoiding permitting and regulatory requirements that would otherwise be applicable had such approvals been requested thorough a single application,including,inter alia,water discharge permitting 344575 ,49 , tfHdraor. Sttae Sttree One PO‘. BOX 231277 Ctitanneccu 601231277- lTe. )[8605482600- (F860]ax 5842680- 56004 Jirus No. ' ' ' ' t requirements pursuant to Conn.Gen.Stat.§22a—43O and its implementing regulations,water diversion permitting requirements pursuant to Conn.Gen.Stat.§22a—365 et seq.and its implementing regulations, and water quality certification requirements pursuant to Clean Water Act §401 (33 U.S.C.§1314). 29.Accordingly,“administrative,licensing,or other such proceedings are required or available to determine the legalitf’of the conduct of Evergreen Walk,LLC,Poag &McEwen,and Casle pursuant to pursuant to Conn.Gen.Stat,§22a—18(b). WHEREFORE,Pavilions prays for: l.A declaratory ruling that the development of Evergreen Walk,the Expo Desigi Center, the Shops at Evergreen Walk,the ECHN Medical Building,and the Gateway Trunk Sewer,as proposed and approved,will cause unreasonable pollution,impairment or destruction of the public trust in the air,water and other natural resources of the state, contrary to Conn.Gen.Stat.§22a—16; 2.A temporary injunction enjoining the development of Evergeen Walk,the Expo Design Center,the Shops at Evergreen Walk,the ECHN Medical Building,and the Gateway Trunk Sewer,as proposed and approved;and 344575 _50 a No. 65004 (860) 5826804- Jrius (0)86 5482600- Fax Tle. 062327711~ ' tfdHraor. Ctticonnecu 223177 0 OP.. Box ' Sttree Sttae One 0 0 344575 3.A permanent injunction enjoining the development of Evergleen Walk,the Expo Design Center,the Shops at Evergeen Walk,the ECHN Medical Building,and the Gateway Trunk Sewer,as proposed and approved, 4.An order of the Court pursuant to Conn,Gen.Stat.§22a-18(b)remanding Evergreen Walk,LLC,Poag &McEwen,and Casle to required or available administrative, licensing,or other such proceedings to determine the legality oftheir respective conduct in proposing and applying for approval of the Gateway Trunk Sewer,and approvals to connect for the proposed developments of The Shops at Evergreen Walk,the Expo Desiga Center,and the ECHN Med'al Building. Dated at Hartford,Connecticut,thi y of December,2003. PLAINTIFFS, PAVILIONS AT I L S L,L.C. t,P.O.Box 231277 Hartford,Connecticut 06213-1277 (860)548—2600 ATHUECOPx John R Johnston arshal l Harttord Cc Indifferent Persons _51n unty B ::‘e A é F , 1540 SULLIVAN AVENUE 'SOUTH WINDSOR,CONN.06074 AREA CODE 860 /844-2511 July 16,2004 Mr.Scott Kern Third Works 303 A Street,Suite 403 San Diego,CA 92101 Dear Scott: RE:SHOPS AT EVERGREEN WALK SIGN APPROVAL PROCESS As you are aware,we recently received a permit application for two Old Navy building signs. The permit application has demonstrated the need for some refinement to the Sign permit processthatweagreedupon. Sign permit applications need to be completely fmished when they come to us.In Old Navy’s case,we received elevation drawings that did not reflect the approved building elevation.In addition, the requested signage was nearly double the allowed amount (which we calculated ourselves,as the sign permit did not include the amount of linear building frontage,which determines the amount of signage allowed).Finally,the permit package included a photocopy of faxed comments from Third Works to the sign company,with no indication whether the sign company had complied with Third Works comments. In the future,please have the applicants submit only completely finished permit applications.A finished application includes: 0 Final (approved)elevations and sign designs with Third Works approval stamp on each page:-of the final drawings.The sign company should respond directly to’Third Works with revised sign plans,and Third Works can sign off when all of Third Works’comments have been incorporated. 0 Length of building frontage,height and length of proposed signs.Tenants are allowed one square foot of signage for each linear foot of building frontage occupied by that tenant. Please do not submit any signs that exceed this requirement. As our sign application requires the owner’s signature,we suggest that you obtain a blanket authorization from Poag &McEwen to act as their agent.We will just need a single copy of the authorization letter to cover all sign permits. We are returning Old Navy’s sign permit application to the sign company,with a copy of this letter,so that the sign company can address Third Works’comments and Third \Vorks can sign off on the finished sign drawings. _2 _July 15,2004 Thank you for your assistance and cooperation in ensuring that sign permits can be issuedexpeditiouslyoncewereceivethemIfyouhaveanyquestions,please do not hesitate to contact me. S.mcerely; Marcia A.Banach,AICPDirectorofPlanning MB/sf cc:Joy O’Connor,Zoning Enforcement OfficialAlanLamson,AIA,FLB Architecture and PlanningLisaCooney,Callahan Sign Company T-G “ mm:U ALUM.TOP mmEDWHITE.l"‘~2 AB,J’A‘HJMINIJ‘M “’IIIBE “131M,F-Q £1EE LOGO [)E‘iAlMa 51 'EEET'EW-O4-1'J .ME‘E}’r .125”ALUM SIGN FACE,P-1f3lt3NFACEONBACKOF2-‘7k'aN i7‘a‘NTED F-E’. .250"AL UM.F'L ATE CUT OU‘LET‘E ERI‘i. 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Cusl‘slrempprovm Dale: Cllel II: HOAK CON5TKUCTION PrOieCl: EVEKGKEEH WALK -FMIKIHG 91K._Lccmion:”--m SOUTH WIND5OK,CT COLORS: PJ DARKGREEN PMS 3308CP-2 WHHE MAP 42-202 NATURALWHHER3REFLECTIVEWHITESCOTCHUTE280-1 0 WHHE9-4 REFLECTIVE BLUE SCOTCHLITE280-76.LIGHI BLUE COLORS FOR ”E“LOGO 5 C-1 BKGD SQUARE PMS #330&C C-2 VINES PMS #5773C C-3 BERRIES FMS #1807CC‘A “E"&BERRY HIGHLIGHT PMS #éI 4C (é) ‘I i 6 H L- R'L i . w Dram-in g e?Ew-04174-PD 33:119' 1":l'—o" DCHEI JUNE I7.200-4- Ravislon «E Revisinn Data I JEE‘Z“AL UM.TOF FAIN?ED W1";I?E .F-2 FM}.ALUMMUM THEE mm.ruz ,f“V‘Ce’'7?",712x :TieChorslcss/Jie 1mmmachonicsv‘lée.vQ 2.31 1 1 phone:[30d]130-0503 iqx:(804]746-5210 10H free [E77]877-01 73 wwwndvicesigns.com‘(Q)Copy¥ighi 0d Vice.inc 20m nu N MUST a .ustgo 4‘ND APPROVE . ‘jrEE LQGO DETAIL S El‘.EET EW~OéT1€hMZ~3 w,ALUM.WM FACE.r14516wFACEONMCKor-:alc-EN mmw re;Ihis drawing is me sole properay of AdViceSignsInc,Rep‘oducllon of messPFD"ALUM.PL‘‘E Cl H’OIJ"LE‘FfEKE,P-2 amwirxgs Is shicily pmnibned wimoulMOUNTEE)Fl.U;-‘)H ’0 SIGN FACE me Miner.consenl o!Ad Vice SignsInc.Use 0f Ihis aeskgn in Iuu or pun ismncliymonibileu.All wawings anddesignContSpts(emoin me fxoperlyoiAdviceSigns:nc. FAB,ALUMINUM ‘UBE TRIM,K2 CUS‘CW 9"AWDv01 W3.ALuryt PAIN’E'ED P-Q.Dam’ CIiBm: HOAR CON5TKUCTION Projecl: :COLORS;EVtKGKEEN WALK -HZ=LocationzP4DARKGREENPMS33U5C;P-2 wunE may 42-202 NATURAL 50W“W'ND50F’wCTWHHE i P3 gig.§%TNE'¥HHE SCOICHLH'E._ E P~4 REFLECTIVE BLUE SCOTCHLHE’28076.LIGHT BLUE ¢um.x .125"wALL ALUM:PIPE urKJGH‘rE; FOCJTHJG:“* 1'-G"Dif‘h x EMT DEEP ,1 CU,“D5.GUN-CRETE ‘COLORS FoR-E'LOGO: I c-1 BKGD SQUARE PMs #3305c j c-z vmes PMS #5773c C‘3 EERRIES PMS #1807C FR-uzucom5/F MONUMENT‘Mz’5IGN 'C 4 Pfwg$f§émGHuem msmm I _u u dtl.H!N‘“Al 1 c-s 'E*OUTUNE PMs 5545c 5"VIHEN..'J. w gs WAUI:M- .E 1553"PM, "s SIG suL ‘1"A D“‘ L § R :'I r w‘im Di'nwlng#EW_O4176_M2_1 scua'é"n1=1 '0 Dn’e' gym:;5'20’?:“I‘‘5’“"“0”M:‘" ,l‘‘Button photoas”[JEVERGREEN WALK l 611— w 49“3,.5.§t‘&3;‘2:___._ «a N) [Q 2‘2_ jg} 5V “222%“I AV Door width gum 3‘4” Bertyvaan 4 parat 5FECIFlCATlON§: .,cop-r3"Fabricam,yahip,caordinate ingtallationQ1;yx4- Typwmuminatad four-aided diréactarinaa CGN5TEUC’ICIN: Cabinet-Fabricawd aluminum 5hs61: and sxtruaian Doom“Av Ext ‘5 amminum sx‘rruaian Dnor Iana59-4/8'Clear acrylic Diffuéorl-VW Whita pigxigla 6e Lacka-Chroma plamg cam bake,kayed aiikaHlumination-Om 175 watt matal halide Voltage420 Voh; Mounting‘Faur 1/2”anchor boite to blind mounting platsFlni5h-5atln palyurtzthana anamel Eoof—Fabricatgd K2 MDO plywaodwi'th cappar cladding COLOKS: Cabinat,aupport p051:&door framas —Whitr;to match Matthew5 42—202 gl065 QT‘I Gd vice,Irlc. 7 l 22 meolmrllcsvme lmpél. mecmnicswls‘e,va 231 1 l phone:[50a]730-0503 lax:(504]746-5210 loll tree (877]877-01 73 wwwadvlcesigns‘com 4IQ}'C0py{ig'1i ad vice,ht:200 us Sign MusT sE uaAnnAPPR lhis dmwlng ls me sole propenv of AdViceSigns5m.Replmucllan of1hes9drawmgsissl'liclly prohibilea wimoulmeMiner.ccnsenl ol Ad Vlca SignsInclUse01‘lhis wslgn in lull mpcm m610cmptohibiieo.All awnings anddesignconceptsvemolnmeplopenyolAdVicaagns=nc‘ Cuslorrer Approval Sale: Haadar backgmund-Whitg trane‘lucan‘t vinyl H5adar copy ~Dark graan a695-0paqu¢;Clienl: HOAR CON5TRUCTION Hoiecl: EVEKGKEEN WALK -DIKECTGKY LClCGliOnJ"—_‘‘~”—‘ 5OUTH WIND50K.CT .COLORbP-l DARK GREEN PM5 3308C f P—2 WHITE MAP 42-202 NATURALWHITE P—3 REFLECTIVE WHITE SCOTCHUTE 1 280-1 0 WHITEiP41REFLECTIVE BLUE SCGI’CHLHEE76,LIGHT BLUE COLORS FOR “E"LOGO:1 C-l BKGD SQUARE PMs #3308C C-2 VINES PMS #57 ?3C :C-S BERRIES PMS #l807C i C-4 "E‘&BERRY HIGHLIGHTIPMS#614C lHlE WW ED CCLGRIE 3E1 H!)lH'?UX Mk‘k L’JlSl?|l‘)LJliO\.BES‘I " E'2 JLAI:lHk ACI'J-‘l CANE {BE EN E C‘5 ‘E"OUTLINE PMS 5545C n I'Lox/E Din-wing v?EW O4176-DIK1 Swis- 1”=1'~0"Dare: JUNE i7,2004 Ravislnn #Revision Data E Marcia Banach —Sign Permits for The Shops at Evergreen Walk Scott and Marcia, We wiil handle the sign permits for the tenants as follows: 1.Each tenant will submit sign shop drawings to 3rd Works (Scott Kern) for approvai.Scott will stamp approved sign drawings. Only '3rd Works approved and stamped'shop drawings can be submitted to the Town of South Windsor for a sign permit.The submission has to be 2. addressed to the Zoning Enforcement Officer,who will internally review the sign design with Marcia Banach and after approval hand out the sign permittothetenant. Please let me know,if you have any questions. Frank Frank M.Hubeny,AICP FLB Architecture &Planning 19 Silver Lane East Hartford,CT 061 18 p.860.568.4030 f.860.568.5129 e.<mailto:fhubeny@f|barch.com>fhubeny@flbarch.com CC:"Alan F Lamson"<a|amson@flbarch.com> Page 1 ' From:"Frank Hubeny"<fhubeny@f|barch.com> To:"'Scott Kern'"<skern@3rd-works.com>,"Marcia Banach"<banach@southwindsor.org> Date:6/29/04 1:49PM Subject:Sign Permits for The Shops at Evergreen Walk 1540 SULLIVAN AVENUE o SOUTH WINDSOR,CT 06074 TELEPHONE (860)644-2511 Saptember 10,2004 Mr.Josh Poag Poag &McEwen Lifestyle Centers ~Connecticut,LLC6410PoplarAvenue Tower 2,Suite 850 Memphis,TN 381 19 Re:Expiring Letter of Credit Appl #03-28P,The Shops at Evergreen Walk ~Lifestyle Center Dear Mr.Poag: The Flaming and Zoning Commission is holding the following Letters of Credit: PROJECTS BANK AMOUNT EXP IRATION The Shops at Evergreen Walk 15‘Tennessee $60,000.00 11/13/04 Erosion and SedimentTheShopsatEvergreenWalk18‘Tennessee $5,000.00 11/13/04 Wetlands CreationTheShopsatEvergreenWalk151Tennessee$50,000.00 12/01/04 Stormwater StructuresTheShopsatEvergreenWalklstTennessee$50,000.00 11/1 3/04 Landscaping In accordance with our policy for accepting Letters of Credit in lieu of surety bonds,we must have anamendmenttoeachexpiringLetterofCreditwellinadvance,extending the term for a one—year periodfromtheexpirationdate.Will you please forward us the amendment promptly? Very truly yours if :" Mlchele R L1pe Ass1stant Director of Planning MRL/kak 10 N Sf4 O G UV'An 01P S_0� ?d&U&Ot s � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 �r�OS0 ..0 � TELEPHONE (860) 644 2511 July 12,2006 Mr. Josh Poag Poag&McEwen Lifestyle Centers-Connecticut, LLC 6410 Poplar Avenue Tower 2, Suite 850 Memphis,TN 38119 Dear Mr. Poag: Re: Appl 03-28P, Shops at Evergreen Walk This is to advise you that the Planning and Zoning Commission voted on June 13, 2006 to release the Rooftop screening bond for the above-referenced project in the amount of$200,000. Advance arrangements should be made to pick up the bond to ensure that the necessary contact person(s) will be available. If you have any further questions contact the Planning Department at 644-2511, ext. 252. Thank you. 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OK éviiz':VM L/ mmmwmmw mum umummm w sm um nun ”a mmm mmmm mo MummcmmM amuum mu m 2:10 5/3" 1/2”:1'-0" 3/4":1'—0" avnimansional made Sign @side View Imemany LED llIuminated Channel Leners my:(2)Paimed named Tu Much sign Foam EIFs Calor - mm Mcunted To auilding Hrs Mu champagne.5"Deep Pm-dinished white Alum.Remms Fa<es -V1"Raised Graphics1"wmm mm Cap @Senion view (ms)Paimed To Mam.m PMS 123 203,and 343vs"white Transiucam mes wmansmem Vinyls Lumion;5~AH:Apphed 1st Surfamr aurgandy 363049 &Gveen zaacze 12.5 Sq Ft 4 Sq Ft \REAR ELEVATION \FRONT ELEVATION DRAWING FOR DESIGN INTENT ONLY.NOT FOR PRODUCTION. w W ua mw m m \\ 15$.4 \. m 7 - N ATERML LEGEND'BULDINC E @m 5m m.mm m m:(w, @m 5m cw;com:ummmt (95w ®m m w,m m (um a cmW 9Wcm W,um WM.A o m ’x u W).a W, VUWAK UAWRV‘SiALWm ELW (a 9/6')I (Y i/B')l (‘5 5/5"@ cm W cm sm-wayC“W:EDN[U 3/33 X (J 5/5')x (‘7 5/5')"EN“)(J S/E')x (H 5N7 I (‘7 5/5‘}Vf HAND mmw mm,W m w m m mmm WW.m m um sm wwmm:mm .uw“kw KENNEWKFORY mEN MCJZ”mm,WM om cum wm m.mommm Q)m1 5mm ax m k mm W ®Au mums m2 m mm m “um svsvm.su ‘v2 um y m m mm mm mycmwszsmug;sis mm:m mm m mus ‘ '2215 wtMtMLUCHV§MOU|HltV$ 80.00' _4 bOLo'‘— EMERALD CITY SMOOTHIE 1199 SF _4 -EYPLAN EMERALD CITY SMOOTHIE -510IMINARYLEASEARRANGEMENTScale:1132-=1'-o- The information in this document is confudentiul and a pmprMary trade secret o!Poag a:McEwen and may noi be copied.distribMed,published or disciased withnuQ prior wrinenpermissiTh:information Conrained herein is subject i0 change without prior wriiten natica and does not constihxe any contract or obligation by Poog &McEwen It is theresponsiityofthetenantorthetenant's contractor to tield Verify existing site conditions and dimensions.This dacument is for demonstration purposes only and is‘subject torevision.u u 6410 Poplar Avenue Suite 850 PIG-CCIITHE SHOPS AT EVERGREEN WALK Memphis,TN.3’8119 Tenanmuswcrrvsuooms S ace No.:51oV90]761 7604 P OAG a"‘EW E N A ent:E.AHLsweoe Date:o4m9/2oos “unvu ull'Iu WWW-Pm'lifeS‘ylacam TSD No.:TSD o4 Drawn By:MWR 1540 SULLIVAN AVENUE o SOUTH WINDSOR,CT 06074 TELEPHONE (860)644-2511 November 2,2006 Mr.Josh Poag Poag &McEwcn Lifestyle Centers-Connecticut LLC6410PoplarAvenue Tower 2,Suite 850 Memphis,TN 381 19 Dear Mr.Poag: Re:Expiring Letters of Credits Appl 03-28P,Shops at Evergreen Walk The Planning and Zoning Commission is holding the following Letters of Credit: In accordance with our policy for accepting Letters of Credit in lieu of surety bonds,we musthaveanamendmenttoeachexpiringLetterofCreditwellinadvance,extending the term for aone-year period &om the expiration date.Will you please forward us the amendment promptly? Very truly yours, Michele R.Lipe Assistant Director of Planning MRL/bmm PROJECTS Bank AMOUNT EXPIRATION Wetlands Creation 15‘Tennessee $5,000 1 1/1 3/06Stonnwater1"Tennessee $50,000 1 1/1 3/06E&S 15‘Tennessee $60,000 1 1/1 3/06 1540 SULLWAN AVENUE I SOUTH WINDSOR,CT 06074 TELEPHONE (860)644-2511 November 2,2006 Mr.Josh Poag Poag &McEwen Lifestyle Centers-Connecticut LLC6410PoplarAvenue Tower 2,Suite 850 Memphis,TN 3 8 1 19 Dear Mr.Poag: Re:Expiring Letters of Credits Appl O3 -28P Evergreen Walk Lifestyle Center The Flaming and Zoning Commission is holding the following Letters of Credit: PROJECTS Bank AMOUNT EXPIRATION Landscape 15‘Tennessee $50,000.12-1 -06 In accordance with our policy for accepting Letters of Credit in lieu of surety bonds,we musthaveanamendmenttoeachexpiringLetterofCreditwellinadvance,extending the term for aone-year period from the expiration date.Will you please forward us the amendment promptly? Very truly yours, Michele R.Lipe Assistant Director ofPlanning MRL/pmm 1540 SULLIVAN AVENUE -SOUTH WINDSOR.CT 06074 TELEPHONE (860)644-2511 November 20,2006 Mr.Josh Poag Poag &McEwen Lifestyle Centers-Connecticut,LLC6410PoplarAvenue Tower2,Suite 850 Memphis,TN 38119 Dear Mr.Poag: Re:Appl 03-28P,The Shops at Evergreen Walk reductions and release This is to advise you that the Planning and Zoning Commission voted on November 14,2006 to releasetheIWA/CC bonds for the above-referenced project in the amounts of $50,000 and $60,000,leaving abalanceof$0 for both.At the same meeting the Commission voted to reduce the landscaping bond in theamountof$50,000 by $40,000 leaving a balance of $10,000. Advance arrangements should be made to pick up the bonds to ensure that the necessary contact person(s)will be available.If you have any further questions contact the Planning Department at 644—251 1,ext.253.Thank you. Very truly yours, LANNING &ZONING COMMISSION tém/c £m@ Patnck Kennedy,Chairman PK/bmm 1540 SULLIVAN AVENUE 0 SOUTH WINDSOR.CT 06074 TELEPHONE (860)644-251l January 19,2010 Mr.Josh Poag Poag &McEwen Lifestyle Centers—Connecticut,LLC 641 O Poplar Avenue Tower 2,Suite 850 Memphis,TN 381 19 Dear Mr.Poag: Re:Appl.03-28P,Evergreen Walk This is to advise you that the Flaming and Zoning Commission voted on January l2,2010 to release the landscaping bond for the above-referenced project in the amount of $10,000. Advance arrangements should be made to pick up the bond to ensure that the necessary contact person(s) will be available.If you have any further questions contact the Flaming Department at 644-251 1,ext. 252.Thank you. Very truly yours, PLANNING &ZONING COMMISSION ”jaw/e amt; Patrick Kennedy,Chairman /(m— PK/ma cc:Town Engineer TOWN OF SOUTH WINDSOR STAFF SITE CHANGE FOR SITE &SUBDIVISION GENERAL: CHANGE ORDER CONTACT PERSON Alan F.Lamson Phone No.860568-403 Address:_c/o FLB Architecture &Planning,lnc.,19 Silver Lane,East Hartford,CT 06118 Site Name:_Evergreen Walk P&z Nail‘03 38? Owner:Evergreen Walk Master Association,Inc Phone No._860-275~675 Contractor:Evergreen Walk,LLC 3SignatureofOwner:P 'W his g Date:_11/18/1 Lawrence .inow Secretary,Duly Authorized Signature of Design Engr:Date:_l1/18/13 CHANGE:(Describe Iocation and nature of change.lnclude four (4)copies of plan/profiie of Change) Add name of residential development to Identification Sign at the intersection of Tamarack Avenue and Buckland Road.Sign is identical to previously approved identification sign for this intersection with respect to size, color,Iandscaping and lighting.At the time of the previous approvals the name of the residential development was not known. Reason for Change:(Why is change required) To add the name of the residential development to the sign. 0 .8 APPROVALS:(As Required)i ’l‘WmDir.of Planning #1 Town Engineer V/Date:///)X /l5IDate: Dir.of Public Works Date: Other:Date: STAFF COMMENTS: cc:Town Engineer Director of Planning Engineering Department Applicant 5%E E SEE X Lev Ill 3 §f5 §>a:§{§- =6 (I) I;§w WEo>—~—_|”'1 mw<?°m73L?C3;Um[‘T‘} >t_‘7< Revised 1 1/15/13 JOB NAME MN wALKSGITHWW6T FLB architecture & planning,inc. eas{‘ha.rtford19sllver Ianc cl661 18(860)568-4030 SKEYC“VWLEPROPoeED IDENTIHDATION 51614AYTAMAVE SCALE 1/2-=1'-o' JOE NO qq5oa13 DATF 8V 1/24/13 Pm/ FEM)WITH DWGSKFYCHNO3K_05 CU‘..29 .2883 21 36PM FUSS &0 ’NEILL N0.282 5@(Fuss &O'Neill 111C.Comuln‘ng Ehgineerx Wes1 Springfield.MassachusettsPmvidsnce.Rhoda IslandJuly24,2003 Twmbu",CunnecHcutColumbia‘South Carmina Marcia A.Bananh,AICP eieenvine,Nurth Camnna RECEWED Town of South Windsor JUL 2 9 2003 1540 Sullivan Avenue Director Of Planning South Windsor,CT 06074 SOUTH WINDSOR PLANNWG DEPT Re:Shops at Evergecn Wa1k —PZC Applicau'on #03A28P Rcsponse to Cements of Jcfmy Doolittle,P.E.,Tuwn Engineer dated Junc 24,2003 Dear Ms.Banach: We axe in receipt of Mr.Jeffrey Doolittle’s cements (attached)dated June 24,2003 for theabovereferencedproject.On behalf of the applicant,Poag &McEwen Lifestye Centers - Connecticut,LLC (“the applicant”)we near the following xesponses: l.Sheet G105,Overall Layout Map,has been added to the Final Development Planstoshowtheoverallsitelayout,mack access routes,road names,parking spaces,sidewalks,and islands. 2..Sheet GLO.5,Overall Layout Map,includes the truck/delivery and turn aroundroutes. 1.The plot plans,pavement marking and signage plans,and landscaping plans showthelocationsofthesidewalks.Access from the parking area to the east and west ofEvergreenWaywillbeviatheaislesintheparkingareasandsidewalksonthesidesweets. 4.Parking spaces on the main circulation route around the perimeter of the site havebeenrelocatedsotherearenoparkingspacesonthisroute.This is shown on therevisedplansdatedJuly24,2003. 5.Four intersections/crosswalk on Evergreen Way have been raised (at Spruce,Laurel,Pine and Holly);the lane widths on Evergreen Way have been decreasedfrom34feetto9Afeet,and more landscaping has been added to increase pedestriancomfortandsafetyasshownontherevisedplans, 6.The entrance to the east access drive from Tamarack Avenue is a right tum into thedrivewayandisnotanintersection.This right turn in is one way and is 24 feet widetosafelyaccommodatetrucku’afdc,but was striped with a single 12 foot navel laneandshoulders.It will not be striped to accommodate dual right turns.This accessdrivewayisapproximately180feethornBucklandRoad,center to center. / ' G:\P1000\¢8l\P10\re5p0nse w Doolittle comments dated Juno 24,2003.docCums.(HQ) Post-iv Fax Note 7671 0m we»To QJ/r’yéww Fm",(1W,JMQ Fhune # °°'W/4%(1JWAM,c“f “r66 Phone 3: Fax#QW,7’2g0 Fax:’ JUL.Z9.ZBQB 2:37PM FUSS &O'NEILL No.282 P.2 G:\P2000\48 1\P10\mponse to Doolinle commend dated Juno 24,2003.docCome(HQ) r...“b , 11;:n,.,FUSS &O‘Neill 111C.Consulting Engineerx Marcia A.Banach,AICPJuly24,2003Page2 7.Moving Laurel Lane to baween buildings 800C and 8003 would create a fourintersectionclosetothemainfourwayintersectionofEvergreenWalkTamamr‘k Avenue.Vehicles exiting the east parldng lots can easily exit toaccessdriveandgonorthtoHemlockAvenueandouttoBucklandRoad.Thismovementwillbesaferandlesscongestedthanafourwayintersectionbetweenbuildings800Cand800B. 8.As shown on the revised plans dated July 24,2003,the parking aisles from the maincirculationroutehavebeenrevisedtoreducethenumberofaislesconnectingtomainmuteintheareasdiscussedwithtownsmff. 9.The tops and bottoms of the proposed retaining walls have been clearly shownrevisedprofilesheetsCI.5.5 and CI.5.6r 10.Wall #6 is necessary to protect federal wetland #11t The area behind this walldesignated“Undisturbed Area”is where federal wetland #11 is located. ll.The bottoms of the walls are claimed on revised wall profile sheets C155 andCI.5.6. 12.The roof drainage discharge pipe for building 800C is shown on sheet CG.1.1.Thelocationoftheroofdrainagedischargepipeforbuilding100hasbeenclarifiedasshownonsheetCG.l .l. l3r The main elecnic and telephone lines are proposed in Evergeen Way to provideservicetothebuildingsonbothsidesoftheroad.The transformers have beenlocatedtothesidesandrearsofthebuildingssotheyarescreenedd-om view.Thehnallocationsoftheselines,handholes and nansfonners will be at the discretion oftheutilitycompanies. l4.The sanitary sewer line between buildings 500C and 500D has been extended to thenorthoii‘of the pavement for future extension.See revised sheet CU.1.5. 15.Grading on #207 Buckland Road will be required in the future to connect to the proposed driveway shown on sheet CG.1.5. l6.The textured concrete area in front of buildings 500C and 500D is raised and widefortratiiccalming.This area is close to the main intersection of Hemlock AvenueandEver-goon Way. l7.Stationing for the access road (Hemlock Avenue)is shown on sheet CS.1.5. 18.SMH #11 has been raised approximately 5 feet.SMI-I #11 is set deep to providefuturesanitarysewerservicetothesouthofthethreeculvertsonBucklandRoad. J JUL.29 .283 r.O Fuss &O'Neill IIIC.Consulting Engineers Marcia A.Banach,AICP J'uly 24,2003 Page 3 19.It is not necessary to provide a.sewer main connection to SMI-I#7.See number 18above. 20.The six speed limit signs on Evergreen Way have been removed and thecrosswalks/iutersections raised to provide safe pedcsu'ian movements.See reviseddrawingsdatedJuly24,2003. '21.The 3-way stop has been removed &om Laurel Lane and Evergreen Way.Thecrosswalksandintersectioninthisareahavebeenraisedtoprovidesafepedesm'anmovements.See revised dmWingS datcd July 24,2003. 22.The locations of site cross sections A,B,and C are shown on the Key Map (sheetG1.0.2). 23.We are available to answer drainage questions,if any,Eom Town staff. 24.South Windsor WPCA approval for the sanitary sewer main lines and buildingconneciionswasobtainedattheWPCA’s July 22,2003 meeting. 25.We acknowledge that Street Cut and Drain Layers Permits will need to be taken outforthedriveway,sewers,un’lities and any roadway improvements aner InlandWetlandsandConservationCommissionandPlanningandZoningCommissionapprovalsareobtained. Please do not hesitate to contact me at 646-2469 ext.5269 ifyou have any questions or needadditionalinformation, Sincerely, (M‘M@v)Michelle Carlson,P.E. Senior Project Manager Attachment c:Josh Poag -Poag &McEwen Alan Lamson —FLB Arehite eture Gzwzoo DWBlWIOnesponse to Doolittle comments dated June 24,2003.docCones.(HQ) 2:37PM FUSS &O’NEILL No.282 P.3 Re:Shops at Evergreen Walk —PZC Application #03-28P Revised Plans Dated September ll,2003 Dear Ms.Banach: Attached under separate cover are revised plans sheets (not an entire set of plans) incorporating a roundabout on Hemlock Avenue,eliminating the “bulb”on Evergreen Way just north of Hemlock Avenue,adding granite curb nosing only on the islands in Buckland Road and adding the potential locations of outdoor dining and/or retail sales areas.The sheets enclosed represent the only modifications made to the plans previously submitted.If you would like a complete set of plans,as revised,please call. We have reviewed the drainage calculations and the above modifications do not affect the conclusions of the drainage report.The stormwater collection system pipe sizes and detention basin sizes do not change due to the aforementioned plan modifications.Catch basins have been relocated and added in the area of the roundabout but the overall drainage areas and calculations do not change.Since we have added catch basins in the vicinity of the roundabout and adjusted pipe run lengths and slopes,Appendix A —Storm Piping Sizing,is the only section of the drainage report that has been modified and this appendix is included in our September 11,2003 submission under separate cover.The main portion of the drainage report does not change and the overall conclusions are not changed.By this letter,we affirm to the Commission that no other changes are required to the drainage report previously submitted. If you have any questions,please call me at 646-2469 ext.5269. Sincerely, Michelle Carlson,P.E. Senior Project Manager c:Josh Poag —Poag &McEwen Alan Lamson —FLB Architecture John Mallin,Esq.—Cummings &Lockwood G:\P2000\481\P10\dminage letter for Sept.ll 2003 PZC submissiondoc Corres.(HQ) 5_r@ FUSS &O'Neill InC.Consuhing Engineers 146 Hartford Road.Manchester,CT 06040-5992 TEL 660 646-2469 FAX 860 643-6313 September 11,2003 INTEHNET:www.fussandoneiil,com OtherOMces: Marcia A.Banach,AICP West Springfieid,Massachusetts REC E IVE DProvrdence,Rhode lsrandDirectorofPlanning Town of South Windsor Trumbull,Connecticut Columbia.South Carolina S E P 1 1 20 [13Greenville,Nonh Carolina1540SullivanAvenue SOUTH W§NDSOR PLANN‘NG DEPT.South Windsor,CT 06074 Dear Jim: Attached,for your use,are the outputs for a Synchro analysis of the center access drive for Evergreen Walk.It includes the intersections at B‘uckland Road,the east parking drive,Evergreen Way and the west parking drive.It assumes full build conditions,in accordance with the approved General Plan of Development,at which time the access drive will be extended to the west,making the west drive a 4-way intersection. In order to come up with the traffic volumes,i undertook the following steps: 1.The basic trip generation was distributed within the site using the sizes of the buildings and the associated parking fields to determine the percentage of site generated traffic that would access the various parking fields. 2.Using individual traffic projections for each building (from ITE Trip Generation calculations),the total traffic anticipated within the site was estimated.The difference between this projection and the basic (external)trip generation computation is the internal trip generation —the traffic that can be expected to circulate within the site.This traffic was distributed between eleven sub-areas within the site in accordance with the sizes of the buildings and parking fields within those areas. 3.Traffic generated between the uses (taken as a multi-use credit in the original study)was introduced to the roadways between the uses. The resulting traffic volumes were input into the Synchro program to determine the interior levels of service and queues.For the initial run,all left turn movements were assumed to be permissible. The resultant analysis showed that the queue forthe westbound left at the first (eastern) drive was negligible.With the arbitrary addition of 100 extra vehicles on this movement, Civil &Traffic Engineers -Surveyors -Planners °Landscape Architects Tel 860.653.8000 'Fax 860.844.8600 'email mail@fahesketh.com RECEIVED SEP l 1 2003Hesketh_.5 M 6 Creamery Brook -East Granby,CT 06026 F.A.Hesketh September 5,2003 8t Associates,Inc. James G.Bubaris,P.E. Bubaris Traffic Associates 270 Amity Road Woodbridge,CT 06525 RE:Final Development Plan Evergreen Walk Town of South Windsor Our File:00167.00 James G.Bubaris,P.E. September 5,2003 Page 2 the calculated queue is 8 feet.(The level of service is A.)We see no reason to prohibit this movement or to modify the drive to accommodate this very minimal queue, Similarly,at the Evergreen Way intersection the east/west leftturns pose no problem. The northbound through movement,however,may experience relatively long delays under a two~way stop configuration.Because the queue length for this movement is only three cars.we do not anticipate any problem with the operation of this intersection as a two-way stop. We conclude from this analysis that the most appropriate control for Hemlock Avenue is full movement access and standard two-way stop control at all three intersections.\. We wanted to fonNard this information to you as soon as itwas ready.We will provide more detailed flow diagrams on Monday,as soon as they are complete. We look fonNard to seeing you on Tuesday.In the meantime,please call if you have any questions,or if you would like to discuss this matter. Very truly yours, F.A s 3th &Associates,Inc..e /i/\./(_/ Ste n .Mitchell,P.E.p e Manager of Transportation Engineering cc:M.Banach J.Poag J.Finguerra R.Ripps A.Lamson J.Giles T:\001 67\everg reenwa|k\jbub9053.lt1 Map -H:\HCSDATA\2000\00167\interna|\center drive.sy6 Volumes 9/1 0/2003 H:\HCSDATA\2000\00167\internal\center drive.sy6 Baseline Lanes,Volumes,Timings Baseline 2:Buckiand Road &I/{igML‘2Cic /h/z£9/5/2003 Lane U1 Factor ..1,00 0.95 0.95 0.95tl p D aximumerees 160 16.0 120 960 80. RecalIMode None None None Coord Coord Act Effct Gre'é’W‘ Ap oach LOS 90th %iie Gr 90in %iie Ten Code Ga 70th %1Ie Gree 70th %1Ie Term Code Gap Gap Gap Coord Coord Synchro 5 Report H:\HCSDATA\2000\001 67\internal\center drive.sy6 Page 1 FAHESKEAsz-ST51 €Mm)6: 5:. i een (s)%135§n p n (s 9;" Lanes,Vohnnes,Thmngs 2:Buckland Road & Baseline 9/5/2003 Gap Gap 0t '"'%§3 %7o%m@ 30th %lle Term Coég Ga Ga Ga Coord Coord 6 ffs 7e 63%)Referenced to phase 2 NBTL and 6 SBT Start of Yenow zauon Sm’1 / Synchro 5 Report H:\HCSDATA\2000\OO1 67\internal\center drive.sy6 Page 2 FAH ESKEASZ-ST51 @9 p p p ,\gi ,., O‘e ( We. (3&1 m2 ar 4 LQLS'ZSVEMSE HV:! L eBed QKS‘Q/WP J91U99\IEUJ9!U!\19 L00\OOOZ\VJ_VGSOH\1H uodag g OJuouAg aA emu um;mm]ria’éqa‘ EOOZ/OL/B Mfmamzld Jswa mv wow/9H 1m '9 auueseg s!s/(leuv Auoedeg uonoeSJe1ul pazueuésun WQH (q)aéWW/F HCM Unsignaiized Intersection Capacity Analysis Baseline 8:Evergreen Way &HEM Loék A/L/E 9/10/2003 )—r"vv"_kxt»\w«/ Gra e §gVolume(vehlh)a Peak Hour Factor HourlyflQwégt§$§x§ Pede rlans 0.92 092 0.920920.92 0.92 0.92 0.92 0.92 onfhggg voJu vC1 stage1 conf vol tersection Caacit Utiiization 49%ICU Level of Service A Synchro 5 Report H:\HCSDATA\2000\001 67\internal\center drive.sy6 Page 2 FAHESKEASZ-ST51 §_ 'c m rm ih py T3 HCM UnSIgnalIzed lntersectlon CapaCIty Analy31$Baseline .lnt HuvxLa CK AM)W5$T D/Uuawey 9/10/2003 g )Median storae veh §“m. 4 O M68 354 898 26 148 139 187 277 223 Synchro 5 Report H:\HCSDATA\2000\OO167\interna|\center drive.sy6 Page 3 FAHESKEASZ-ST51 6§§$E§{2%40 . RECEIVED Hesketh SEP 1 1 2003 6 Creamery Brook -East Granby,CT 06026 SOUTH WINDSOR PLANNING DEPT F.A.Hesketh September 8,2003 8t Associates,Inc. James G.Bubaris,P.E. Bubaris Tramc Associates 270 Amity Road Wood bridge,CT 06525 RE:Final Development Plan Evergreen Walk Town of South Windsor Our File:00167.00 Dear Jim: As a follow-up to last Friday’s correspondence,we are providing some additional computations to illustrate our projections of site traffim. We divided the site into eleven development areas,called A1 through A11.These are shown on Figure 1,attached. Table 1 summarizes the development and parking that is available in each development area,and indicates the resultant percentage of development used for each development area. Table 2 is a reproduction of the original trip generation table for the entire development, as presented in the original report,and as approved by the Commission.This traffic was distributed to each development area in accordance with the size of the area,as computed in Table 1. Table 3 is a summary of the generation computation for each development area,taken as a stand alone parcel.Note that all subsequent trip generation calculations were done for the Saturday peak hour only,since it is the critical peak flow period. The difference between the total generation and the stand alone generation is the internal traffic that will travel between parcels.This internal traffic was distributed between the development sites using ratios of the development area sizes,as computed in Table 1,above. In the original traffic generation computations,a shared use trip credit was taken to account for internal trips between different land uses (such as retail and hotel uses.) This traffic,which is computed in Table 4,was also assigned to the internal system. The traffic flows forthe base traffic generation,the internal traffic generation and the generation between land uses were combined to produce the total internal traffic that is Civil &Traffic Engineers -Surveyors -Planners 0 Landscape Architects Tel 860.653.8000 -Fax 860.844.8600 -email mail@fahesketh.com James G.Bubaris,P.E. September 8,2003 Page 2 anticipated for this development.The volumes are presented in Figure 2,a detail of the Center access drive (Hemlock Avenue)‘which has been the subject of your concern. Our letter of last Friday,September 5,2003,includes an HCM analysis of the subject intersections using Synchro software.lt indicates that the queue lengths at the subject intersections are minimal. Occasionally,a small increase in traffic volumes can result in a substantial increase in queues.In order to test the fragility ofthe analysis,100 additional left turning vehicles were added to the eastern intersection,and the result was that the queue length was still insignificant. As noted in Friday’s letter,we did find that the northbound through movement at the Evergreen Way intersection may experience relatively long delays under a two-way stop configuration.However,the queue is computed to be about three cars,so operational dimculties are not anticipated.We would propose that two—way stop control be included at this location.Our professional opinion is that the best traffic control forthis location is normal two-way stop control. We hope that this information is sufficient for you to conclude your review of this matter. lf you have any questions,we can discuss them Tuesday.However,please call if you would like to discuss this information prior to that time. Very truly yours, K, Manager of Transportation Engineering cc:M.Banach J.Poag J.Finguerra R.Ripps A.Lamson J.Giles T:\001 67\everg reenwalk\jbu b9083.lt1 Table 1 Development Areas Land Use Square Percent Parking Percent Chosen Area Footage By SF By Parking Percentage A1 20000 596 195 1096 1096 A2 25830 796 122 696 596 A3 7000 290 78 493 596 A4 15425 490 122 695 510 A5 47765 1395 311 1501 1595 A6 50880 139s 310 1595 15% A7 51975 149s 152 795 8% A8 57573 1595 152 795 8% A9 5775 295 43 295 295 A10 5397 295 45 295 295 A11 90250 2495 500 2595 25% Total 378870 100%2030 10095 100% n’.,\,I i ‘W Table 2 Trip Generation Summary Raw Trip Generation Daily AM Peak PM Peak Saturday Saturday PeakUseEnterExitTotalEnterExitTotalDailyEnterExit Total Retail 375 kSF 15945 214 139 353 722 782 1504 20974 1073 990 2063Municipal75kSF17166534994586131683464894Hotel250Room186878501287365138211010078178Office650kSF773576514591018963182015029482176 Total 27264 1122 368 1490 1029 1564 2593 25269 1313 1198 2511 Adjustment Factors Weekday Saturday Retail 0.8 0.9 Municipal 0.9 0.9 Hotel 0.9 1 Office 1 1 Adjusted Trip Generation Retail 12756 171 111 282 578 626 1203 18877 966 891 1857Municipal15445931894177118615414385Hotel168170451156659124211010078178Office773576514591018963182015029482176 Total 23717 1065 332 1397 873 1393 2265 23103 1201 1094 2295 Passby (20%Retail)2551 34 22 56 116 125 241 3775 193 178 371 New Generation 21165 1031 310 1340 757 1267 2025 19328 1008 916 1924 T:\pf\00167\tripgen.xls Table 3 Trip Generation -Saturday Peak Hour DEV PERCENT ITE TRIP GENERATION -SATURDAY PEAK AREA DEVELOPMENT SATURDAY PEAK HOUR ENTER EXIT TOTAL A1 1o 240 221 461 A2 5 152 141 293 A3 5 152 141 293 A4 5 152 141 293 A5 15 312 288 600 A6 15 312 283 600 A7 8 207 191 398 A8 8 207 191‘398 A9 2 84 78 162 A10 2 84 78 162 A11 25 435 401 836 TOTAL 100 2337 2159 4496 TOTALSITEGENERATION 966 891 1857 INTERNAL TRTPs 1371 1268 2639 AT EVEN SPLIT 1320 1320 2639 Table 4 SHARED USE TRIPS (10%OF RETAIL AND MUNICIPAL FOR SATURDAY PEAK HOUR) SAY 100 Enter and 100 Exit. ‘\, Enter Exit Total Retail 966 891 1857 Municipal 41 43 85 Total 1007 934 1942 10%101 93 194 CONNECTICUT job no:00167 sheet no: tea,inc. mwrookCommn,W CT06002omnTmncam-eneym.mm-un¢apoudmm EVERGREEN WALK drawn by.CAD checked by.5m F.A.Hesketh &A83 OC!8. BUCKLAND ROAD SOU TH WINDSOR, date: scale: {iit FIGURE 1 DEVELOPMENT AREAS 9—8—03 200' t l ‘a G E::__:::::C_:__::_:::__: QE: >ac wcFcia~9§ uh Sfc I". mOC mCFO—Zn s25 3.23» wry. M wcFcia uoc w c . 1§I1§ii .!¥.l‘.l\1l\. Y:\EVERGREEN\FANDO\trafflcf!owinterna|.dwg.Layout1,09/08/03 03:12:59 PM a r .‘ nurm m“EQAW b .w . HVHU w5:)KRLANU §z / l. “I _mBU._mEwE_>>c_h—oEEu/OQZ<m/Zmmmwmm>m<> _>>O..EOEn_<m.r moowBtm mmninor _>_< as R+ \k F“El§lKIxI1l i11 \§C BGOE T 24 3 b h 8+9, 8+3 om, m :C s . WU ..x s. ._ .k ,_ .n rv,,,._..,.__.__...........MLOCKCw_, 1iI 3/ 65ST ¢mmoak9.4kT+lT u ootR 8”m 'E j \ mom 8+3 CONNECTICUT FIGURE 2 SITE TRAFFIC PREPARE FOR EVERGREEN WALK BUCKLAND ROAD SOUTH MNDSOR, date:9—8.03 drawn by.CAD 00167jobno: NTSscale:checked by.SH!sheet no: F.A”mmHesketh&mAssociates,Inc.Grow LEGEND GROUNDCOVEP ANDM‘XED AHNUALS CONCREIE PAVEMW.SEE L9 INTEGRAL COLOREDVEH‘CULAR CUNCREI'E.SEE LE I'CONCRHESCORED BAND wE‘_ U ; C) 01o O -> GROUNDCOVET?ANDMIXEDFERENNLALS UWN EX‘STING DEC‘DUOUSWETOREMAIN EX‘STING EVERGREENTOBETRANSPLANTED PROPOSED EVERGREENTREE PROPOSED DEC‘DUOUSTREE PROPOSED DEC‘DUUUSTREE ‘. ’09.)PROPOSEDSHRUBS DEC‘DUOUS 3h.PROPOSED EVERGREENSHRUBS Mgr PAVEMWT.SEE Lg \NTEGRAL COIVUREDvsmcum$RW xx ‘Ix rjxw‘f'1‘;9" ‘§.r‘ .(‘”""\\\x M4 ‘ ‘J‘g/ f ,..,..—>ii 4‘x x”W $fax {J ,.V «v u/ The Shops at Evergreen Walk Buckland Road -South Windsor -Connecticut Pozg&McHwm ljfcsq'lc Callus ~Connmicur,1.].C imz$1ucL5uWm5:vmsuux.mmmws W Hkus /Manfrcdi Archltocts LtdMm Caml K jvhnsun Assudam lnuWWW“ Jm Ron &Amaim,Inc,mcnm Smwcppc Lightingsum Evergreen Way -North c ntral Planning &Zoning Commission Approval September 16,2003 L7 10'20'40’60' REF L11Pang6<McEwm Ufeswie Centers r Conneuicnr,ILC Elkus /Manfrcdj Archimcts Lidwmwmknmzmmhumum1Num mm nu mmm m ammm- Jm!Rull 5:Assudatcs,Inc,skcwa Schwq'pc Lightingsum September 16,2003 i l IIl?’7W W The Shops at Evergreen Walk Buckland Road -South Windsor -Connecticut Cnrol R.Johnsnn Assodms Inc Magnum Planning &Zoning Commission Approval 1540 SULLIVAN AVENUE ‘SOUTH WINDSOR,CONN.06074 RECE‘VED AREA CODE 860 /644—2511 .~\ CERTIFIED MAIL $0UTHW1NDSORPLANMNG DEFY. September 25,2003 w w Mr.Alan Lamson FLB Architecture &Planning,Inc. 19 Silver Lane East Hartford,CT O61 18 Re:Appl #03-28P,The Shops at Evergreen Walk Dear Mr.Lamson: We are pleased to advise you that at its September 23,2003 regular meeting,the Planning & Zoning Commission approved with modifications the above referenced application for a Site Development Plan. This approval is for the construction of a “Lifestyle Center”with 284 750 +/~sq it of retail shops and 3 870 +/-sq ft of ofhce located on the west Side of Buckland Road north of Smith Street and south of Deming Street,Buckland Gateway zone as shown on plans prepared by Fuss &O Neill Inc Job No 2000481 P10 dated Apnl September 2003 as rewsed This approval 1s subject to the followrng modifications .Prior to commencement of any site work,a meeting must be held with Town Staff. 2.No building permit will be issued until thefinal mylars have been filed in the Town Clerk's office. 3.This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission,including a bond in the amount of $60,000 to ensure compliance with the erosion and sediment Control plan;a bond in the amount of $50,000 to ensure the installation and establishment of stormwater structures;and a bond in the amount of $5,000 to ensure the establishment of wetlands creation areas.The $50,000 and $5,000 bonds will be held for five growing seasons to assure adequate establishment of vegetation. 4.An as—built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1 .11 of the Zoning Regulations. 5.A landscape bond in the amount of $50,000 is required and must be submitted prior to filing of mylars. 6.A11 plans used in the fleld by the developer must bear the stamp and authorized signature of the Town of South Windsor. 7.This approval does not constitute approval of the sanitary sewer,which can only be grantedbytheWaterPollutionControlAuthority. 8.A State Trafflc Commission certificate is required.No building permits will be issued until the STC certificate has been issued (per CGS §l4—3 l 1). 9.The building street numbers must be included on the final plan. 10.The Town Engineer’s review comments dated September ll,2003 (Buckland Road Widening plans)and September 22,2003 (Final Development Plan)must be addressed to the satisfaction of the Town Engineer. ll.One year (12 months)atter the Shops at Evergreen Walk opens to the public,the applicant shall submit to the Planning and Zoning Commission a traflic report that examines the traffic operation of the north entrance drive (Hemlock Avenue)to determine whether operational modiiications are required.The report shall examine Hemlock Avenue’s operation at its intersection with Buckland Road as well as at the 3 internal intersections along Hemlock Avenue.If operational modifications are needed,they will be implemented by the applicant. l2.The proposed parking lot lighting iixtures must be replaced with the fixture presented at the public hearing on September 23,2003. l3.Screening of rooftops h‘om both Buckland Road and the main entrance ramp off Tamarack Avenue (west of Buckland Road)will be reviewed for adequacy after installation of all landscaping and subsequent to issuance of the first Certificate of Occupancy on this site.If the roof screening is inadequate,the screening must be addressed with supplemental landscaping and/or architectural features. 14.Pavement markings must be maintained in good condition at all times. lS.Buckland Road median landscaping plans to be fmalized to the satisfaction of the Superintendent of Parks and Grounds. l6.Adequate access to 207 Buckland Road must be provided in accordance with the requirements of Section IIIA of the zoning regulations (Buckland Road/Sullivan Avenue Corridor Requirements),if an application for site development plan approval is submitted. 17.Architectural elevations for buildings #SOOC-E must be reviewed by the Architecture and Desigi Review Board and the Commission for approval prior to issuance ofbuilding permits.Architectural elevations for all other buildings must be reviewed by Planning Department staff for conformance to the approved site plan prior to issuance of a building permit for each building. 18.In areas designated for outside dining and display,at least six feet of unobstructed sidewalk must be available for pedestrians. 19.The applicant shall install an irrigation system in the Buckland Road median if the materials are provided by the Town of South Windsor. Black and white transparent mylars of Sheets #CS.1 .1 through CS.1.6 with the above modifications,together with three blueprint copies of the entire set of plans must be submitted to this Commission within 30 days to be stamped and signed.The letter of approval of this Commission must be reproduced on the mylars. After the mylars have been signed by the Commission,they will be returned to you for tiling in the Office of the Town Clerk.After tiling these plans,a copy of the receipt must be submitted to the Flaming Department. Sincerely, K wMgéa’/M Kevin McCann,Chairman Planning and Zoning Commission KMcC/kah cc:Town Engineer Chief Building Ofhcial Assessor Superintendent of Pollution Control Fire Marshal Jay Giles John Mallin Joshua D.Poag 03/17/2009 TUE 08:35 FAX 860 644 7280 South Windsor Town Hall 001 JOB N0. DESTINATION ADDRESS PSWD/SUBADDRESS DESTINATION ID ST.TIME USAGE T PGS RESULT 1630 92758299 03/l7 08:30 05'01 14 OK ********************* *H FAX TX REPORT *H ********************* TRANSMISSION OK 1540 Sullivan Avenue South Windsor,CT 06074860544.251 1‘ex:253'marcia.banach@soumwindsor.org To:Brian Smith Fax:'275-8299 ‘ Phone: From:Marcia Banach Pages: Date:3/1 7/2009 cc:Re:Shops at Evergreen Walk -D Urgent D For Review D Please Comment D Please Reply D Please Recycle As requested,enclosed is a copy of the original application for the Shops at Evergreen Walk.l did notincludeanyoftheactualplans.tame studies,eta,which are quite voluminous (but if you need them,we can copy &get them to you). Any questions,call or e—mail me. South WindsorPlanningDepartment 1540 SULLIVAN AVENUE 0 SOUTH WINDSOR,CT 06074 TELEPHONE (860)644-2511 October 7,2009 Mr.Josh Poag Poag &McEwen Lifestyle Centers —Connecticut,LLC 6410 Poplar Avenue Tower 2,Suite 850 Memphis,TN 381 19 Dear Mr.Poag: Re:Expiring Letters of Credits-Appl.#03 -28P,Evergreen Walk Lifestyle Appl.#06-22P,Evergreen Walk PH III The Flaming and Zoning Commission is holding the following Letters of Credit: In accordance with our policy for accepting Letters of Credit/Surety Bond in lieu of surety bonds,we must have an amendment to each expiring Letter of Credit/Surety Bond well in advance,extending the term for a one-year period from the expiration date.Will you pleaseforwardustheamendmentpromptly? Very truly yours Michele R Llpe Assistant Director of Planning MRL/ma / PROJECTS BANK AMOUNT EXPIRATION Evergreen Walk Lifestyle 13‘Tennessee $10,000 12/01/09 Evergreen Walk PH III JPMorgan $5,000 11/07/09 Evergreen Walk PH III JPMorgan $25,000 11/07/09 mL2034M%28G EASEMENT AGREEMENT 1495 EASEMENT AGREEMENT (‘his “Agreement")entered inn)this igday of April, 2009,by and between The Town of South Windsor,a Connecticut municipal corporation,having an address at 1540 Sullivan Avenue,South Windsor,Connecticut 06074 (“Grantor”),and Evergreen Walk.LLC,a Connecticut limited liahility company,having an office at 1109 Rose Lane,Virginia Beach.Virginia 23451 (“Gramee”). WHEREAS,Grantor is the owner of all ofthose rwo (2)ceriain pieces,parcels.and tracts of land described on Schedule A,which is attached hereto and incorporated herein (collectively,“Grantor‘s Land“);and WHEREAS,Grantor desires to grant easements to allow Gmntee to,inter alia,maintain and improve a public access way to all of the Units of Evergreen Walk Planned Community (collectively,“Evergreen Walk Planned Community“)as created pursuant to that certain Declaration of Evergreen Walk Planned Community,originally recorded in Volume 1555, Page 1 of the South Windsor Land Records,and amended by that certain Amendment to Declaration of Evergreen Walk Flamed Community,dated October 25.2004 and recorded in Volume 1660,page 259 of the South Windsor Land Records,and further amended by that certain Second Amendment to Declaration of Evergreen Walk Planned Community,dated June 22,2007 and recorded June 2S,2007 in Volume 1915,Page 4 ofthe South Windsor Land Records and further modified by that certain Second Amendment to Declaration of Evergreen Walk Planned Community:Affidavit with Respect to:Schedule A-3 thereto (collectively,the“Declaiation”),and a public parking area,each for the benefit ofEvergreen Walk Planned Community,to.in,on.over,under,and across Grantor‘s Land.each of the foregoing being for the purposes of promoting storm water management,infrastructure improvements and open space within the Town of South Windsor;and WHEREAS,on September 9,2008,Grantor held a special referendum,in which the voters of the Town of South Windsor voted in favor of Grantor granting this easement to Grantee for no monetary consideration;and WHEREAS,upon receipt of such easements,Grantee will submit Grantor’s Land to the Declaration,to be included in the Evergreen Walk Planned Community as a portion of Unit 2 and as Common elements as each such interest is described in the Declaration NOW,THEREFORE,for and in consideration ofthe sum of One Dollar ($100)and the other agreements set forth herein,and other good and valuable consideration,the panics hereto agree as follows: 1.Grant ofEasements,Grantor does hereby grant to Grantee the following permanent easements over Grantor's land for the purpose of promoting ston-n water management. infrastructure improvements,and open space within the Town of South Windsor: a,Location.Parcel 1 and Parcel 2 on a certain map entitled “Map Showing Easements To Be Acquired From Town of South Windsor Buckland Road EVW V(g V\\Véki K PW 033%) a..t,...::‘i,:,__.,, Wilttliitlitttltlnlm Funaaok 20:ugsp‘w 256 °°5‘293 71m:LAN hHTl MEI 77I7I97vt Book:2os4 ,page:286 xf a)(Page 1 (Page2 f 8)o vm.2034PAsE 28"} South Windsor,Connccticut Proj,No.1 2000 481 A10 Date:10/23/03 Sheet 1 of 2"Prepared by Fuss &O’Neill Inc.Consulting Engineers which map is on file in the South Windsor Town Clerk's Office as MAP No.3021,and which map is designated as Schedule B,which is attached hereto and incorporated herein (“Easement Map"), b.Use (i)The right,privilege,and authority to use the sidewalks and appurtenances,constructed or to be constructed,for pedesu'ian travel and for all other purposes for which sidewalks may be used in the Town of South Windsor,to,in,on,over,under and across that certain area designated “T-l- A”on tire Easement Map together with a right of access over Grantor‘s Land as may be necessary to maintain,repair,replace,and keep said sidewalks and appurtenances in good order and safe for the purposes for which they arc intended, (ii)The right,privilege.and authority to use the sidewalks and appurtenances,constructed or to be constructed,for pedestrian travel and all other purposes,for which sidewalks may he used in the Town of South Windsor,to,in,on,over,under and across that cemin area designated “T-Z- A“on the Easement Map together with a right of access over Grantor’s Land as may be necessary to maintain,repair,replace,and keep said sidewalks and appurtenances in good order and safe for the purposes for which they are intended. (iii)The right,privilege,and authority to use the roadway and appurtenances,constructed or to be consuucted,the storm water management facilities and structures,constructed or to be constructed,and the water. sewer,electric,telephone and telecommunications,and gas utilities and appurtenances,constructed or to be constructed,for vehicular and pedestrian travel,for storm water management,for utility uses,and for all other purposes,for which those infrastructure improvements may be used in the Town of South Windsor,to,in,on,over,under and across that certain area designated “T-l -B”on the Easement Map together with a right of access over Grantor’s Land as may be necessary to maintain,repair,replace,and keep said roadway and appunenances,storm water management facilities and structures, and utilities and appurtenances in good order and safe for the purposes for which they arc intended. (iv)The right,privilege,and authority to use the roadway and appurtenances,consu'ucted or to be constructed,the ston-n water management facilities and structures,constructed or to be constructed,and the water, sewer,electric,telephone and telecommunications,and gas utilities and appurtenances,constructed or to be constructed,for vehicular and pedestrian travel,for storm water management,for utility uses,and for all other purposes,for which those infrastructure improvements may be used in the MEI 77l'll97v1 will!it;m n Bookz2034 ,Page:236 of 8)(Page 3 vm.2034PAGE 288 Town of Sauth Windsor,to,in,on,over,under and across ‘hat certain ama designa‘ed “T-Z-B“on the Easement Map together with a right af access over Grantor’s Land as may be necessary to maintain,rapair,replace,and kcep said roadway and appurtenances,storm water management facilities and structures, and utilities and appurtenances in good order and safe for the purposes for which they are intended. (v)The right,privilege.and authority to use the open space, landscaped or to be landscaped,for open space uses,and for all other purposes for which open space may be used in the Town of South Windsor,to,in,on, over,under and across that certain area designated “T-l -C"on the Easement Map together with a right ofaccess over Grantor’s Land as may be necessary to maintain,repair,replace,and keep said open space in good order and safe for the purposes for which open space is intended. (Vi)The right,privilege,and authority to use the open space, landscaped or to be landscaped,for open space uses,and for all other purposes for which open space may be used in the Town of South Windsor,to,in,on, over,under and across that certain area designated “T-Z-C”on the Easement Map together with a right of access over Grantor’s Land as may be necessary to maintain,repair,replace,and keep said open space in good order and safe for the purposes for which open space is intended. (vii)The right,privilege,and authority to use the paved parking area, constructed or to be constructed,the storm water management facilities and structures,constructed or to be construCted,and the utilities and appurtenances,constructed or to be constructed.for vehicular and pedestrian travel,for storm water management,for utility uses,and for all other purposes for which those infrastructure improvements may be used in the Town of South Windsor,to,in,on,over,under and across that certain area designated“T-Z-D“on the Easement Map together with a right of access over Grantor’s Land as may be necessary to maintain,repair,replace,and keep said paved parking area,stonn water management facilities and structures,and utilities and appurtenances in good order and safe for the purposes for which they are intended. 2.Construction,Maintenance and Repair.Grantee covenants and agrees that it shall,at Grantee’s expense.maintain,repair,replace,and keep in good order and as safe for the purposes for which they are intended all ofthe infrastructure improvements,storm water management facilities and structures and open space within the easement areas.All construction,maintenance,repair and replacement work to be performed by Grantee shall be done in a good and workmanlike manner,in accordance with sound engineering principles and in accordance with all applicable rules,regulations,and provisions of federal,state,and local laws. 3.Non-Interference.Grantor shall not erect any structures or improvements and shall not plant or allow to be planted or grown any trees,shrubs,or other vegetation on any portion MEI 77I7I97vz Book:2034 ,nage:2as ’>f(Page A E) vm‘2034PAs£289 ofthe easement areas which may endanger or interfere with the imended uses of the easemen‘areaS, .Entire Agreement.This Agreement contains the entire agreement between the panics heretc with respect to the easements granted herein and cannot be changed,modified, waived,or canceled except by an agreement in writing executed by the party againsl whom enforcement of such modification.change,Waiver,or cancellation is sought, .Binding EffecL This Agreement shall run with the land and be binding upon and benefit the parties hereto and the successors.and assigns of the parties hereto. .Goveming Law.This Agreement and the terms hereof shall be govemed and interpreted in accordance with the laws of the State of Connecticut without regard to the conflicts of laws provisions thereoft .Notices.Any notice,request,or other communication provided for by this Agreement (collectively,“Notices”)shall be in writing and given by personal delivery or sent by United Slates registered or certified mail.retum receipt requested,postage prepaid, addressed to the parry for which such Notice is intended,at such party‘s address set forth above,or at such address as such party may.from time to time,designate in writing to the other partyi All Notices shall be effective upon receipt,in the case of personal delivery, and otherwise upon mailing. ,Indemnification and Hold Harmless.Grantee hereby agrees to indemnify and hold the Gmntor harmless from and against any and all loss,liability,damage,and expense arising out of Grantee’s exercise of its rights and obligations hereunder. .Severabilig.Every provision of this Agreement is hereby declared to be independent of, and separable from every other provision.Ifany such provision shall be held to be invalid or unenforceable,that holding shall be without effect upon the validity, enforceability or running of any other provision of this Agreement. [Execution page follows} MW Eookz2034 ,Page:286 ME!77t7ls7v z (Page 5 of S) vm.2034PA6E 299 In Witness Whereof,we have hereunto se1 our hands and seals on the day and ycaJ first above mentioned. Signed,Sealed and Delivered ln the Presence Of: GRANTOR: THE TOWN OF SOUTH WINDSOR JV. By:-I 1 Name:1W Mow t1 6m/.§m/ Tl‘le:‘79 it»,L/In “1/ GRANTEE: EVERGREEN WAL LC P .Ha/Ii'n Am Lmuuua.-Rdan‘ow STATE OF CONNECTICUT )ss.:Sag-rL wink”, COUNTY OF HARTFORD ) ’Jdkx On tlris/3r\day of /Q/A I ,2009.personally appeared/Mb 5 GILW ,’E.“Mr—.n:oflhe Town of South Windsor,signer and sealer ofthe foregoing instrument, who acknowledged the same to be his/her free act and deed as such 739m Mo”£,and the free act and deed of such municipal corporation,before me. .:/’ sioner of the Superior Court My ornmission Expires: MEI 77Hw7v2 ll W illl Ill ii BOOk:2034 ,Page:286 's )$5.:a}Wkg 5/. COUNTY OF HARTFORD ) 0n this di-day of ”ff?/,2009,personally appeared John Finguerra,a Member of Evergreen Walk,LLC,signer and sealer of the foregoing instrumem,who acknowiedged the same to be his free act and deed as such Member,and the free act and deed of such limired liabiliw company,before me. Commissioner of the Superior Court MEI 77I7I¢7w 1 i1“a ilalli i Book:2034,Page:236 of(Page 5 8) STATE OF CONNECTICUT ) vm.2034PA6E 29i af(page 7 vm.2034m£292 SCHEDULE A LEGAL DESCRIPTION OF GRANTOR’S LAND PARCEL N0.1 A CERTABQ PARCEL IN THE TOWN OF SOUTH WINDSOR,THE STATE OF CONNECTICUT CONTAINING 0‘453i ACRES OR 19,721i SQUARE FEET,SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT,SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF BUCKLAND ROAD AT THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL, THE FOLLOWING (3)COURSES RUN ALONG THE LAND NOW OR FORMERLY OF EVERGREEN WALK,LLC.- THENCE RUNNING:N76°56'52"W 118.75'TO A POINT, THENCE RUNNING:312°44’43"W 170.00’TO A POINT, THENCE RUNNING:S76“56'52"E 114,18'TO A POINT. THE FOLLOWING (3)COURSES RUN ALONG THE WESTERLY RIGHT OF WAY LINE OF BUCKLAND ROAD‘ THENCE RUNNING:N13“36'50"E 84‘73’TO A POINT, THENCE RUNNING:N15°04'58"E 78.03'TO A POINT, THENCE RUNNING:N13“36'50"E 7.29' TO THE POINT AND PLACE OF COMMENCEMENT. PARCEL NO.2 (Originally Two Separa/e Parcels) A CERTAIN PARCEL IN THE TOWN OF SOUTH WINDSOR,THE STATE OF CONNECTICUT CONTAINING 0.826é ACRES OR 36,001:SQUARE FEETI SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT,SAID POINT BEING ON THE WESTERLY RIGHT OF WAY LINE OF BUCKLAND ROAD AT THE NORTHEASTERLY CORNER OF THE HEREIN DESCRIBED PARCEL. THE FOLLOWING (3)COURSES RUN ALONG THE LAND NOW OR FORMERLY OF EVERGREEN WALK,LLC. THENCE RUNNING:N62°46’12"W 184.44'TO A POINT, THENCE RUNNING:Sl3°53'48”W 200.05'TO A POINT, THENCE RUNNING:562°46'I2”E 185.46'TO A POINT. THE FOLLOWING (2)COURSES RUN ALONG THE WESTERLY RIGHT OF WAY LINE OF BUCKLAND ROADI THENCE RUNNING:N13”36'50"E 157.14'TO A POINT, THENCE RUNNING:N13°36’50"E 43,15’ TO THE POINT AND PLACE OF COMMENCEMENT. MEI 7717197v1 Book:2034 ,Page:236 (page a of a) vm.2034AGE 293S germ/ED FOR RECORDW (1 QECORD DIN SOU1;H\W[ND R,CT A:\'1 .QO mm ’\j”61L“H (f Town CLERK!_\T'T!T \$3 ~{WWW l Bookz2034 ,Page:286 9'é ”DJ !f§Ii i §’' Eii:§§E§§§§§Egg:§ é \ i ii g ig‘ ggg Mg 'i f . *fi'\i ~\i \ ’TW # I é ,i-gm;g3”?!ggg‘gi‘ggi.N§§:;;§% gimLs$§i§§§2§£