HomeMy WebLinkAboutHarry Heller EmailFrom:Liz Burdick
To:Colleen Bezanson
Cc:Tiffany E. Williams; Meredith Badalucca
Subject:FW: Garrett Homes
Date:Friday, December 10, 2021 8:06:57 AM
12/10/21 Please add this email to the application file. I’ve forwarded to BL. Thanks.
Regards,
Liz Burdick
Planning Director ~ Town of Montville
310 Norwich-New London Turnpike, Uncasville, CT 06382
Telephone: (860) 848-6725 (Direct), (860) 848-6779 (Planning Dept. Main)
Email: lburdick@montville-ct.org
From: Harry Heller [mailto:hheller@hellermccoy.com]
Sent: Thursday, December 09, 2021 6:00 PM
To: Liz Burdick <lburdick@montville-ct.org>
Cc: Jim Juliano <jjuliano@jmattys.com>; Deborah Parker <deboparker@yahoo.com>;
dkp53@yahoo.com
Subject: Garrett Homes
CAUTION: This email originated from outside the organization. Do not click links or open
attachments unless you recognize the sender and know the content is safe.
Good evening Liz:
I am writing as a follow up to our conversation of this afternoon concerning property located
on the Easterly side of Route 32 which is the subject of a site plan application filed by GarrettHomes for the commercial development of a portion thereof. As I indicated, our firm
represents Deborah Parker, Successor Trustee of the Doris Antonino Family Trust inconjunction with this transaction.
As we discussed, a portion of the property which is the subject of the site plan application
includes the westerly portion of a 33 foot wide strip of land that was laid out, pre-land useregulation in the Town of Montville, for a future road. The strip, which is delineated on the
composite parcel plan prepared by BL Companies extends easterly for 1,050 feet, more orless, from the Easterly side of Route 32 to its Easterly terminus at the intersection of Edward
Street and Park Avenue. All of the parcels which abut northerly and southerly on this strip areowned, of record, by our client, the Seller; save and excepting a singular parcel that abuts
northerly on this strip, adjacent westerly to Edward Street which is owned of record byThomas and Helen Jacobs.
Our office represented Mr. and Mrs. Jacobs when they purchased this property; and, in
conjunction with that representation, is familiar with the record title to the Jacobs property. Asdelineated on the composite plan, the Jacobs property shares a common point with the
northwestern intersection of Edward Street and Park Avenue, but enjoys no frontage on eitherstreet. Physically, it obtains access from Edward Street by virtue of a driveway that extends
westerly into the 33 foot strip from Edward Street and then northerly into the Jacobs property.
Our title search evidences the fact that, appurtenant to the record title to the Jacobs property, is
a deeded right of way over the 33 foot strip, but extending westerly only 100 feet from thewesterly line of Edward Street. Therefore, Jacobs has no rights in and to the portion of that
strip that is included in the property that our client has contracted to sell to Garrett Homes. Atthe time of closing, our client will execute appropriate documentation to terminate her rights,
as trustee, in and to the portion of the strip that is included within the exterior limits of theparcel which is the subject of the site plan application that is currently pending before the
Montville Planning and Zoning Commission. This will extinguish any "rights of others" ofrecord in and to the portion of the strip which is included in the development parcel.
Should you require further information, please feel free to contact me.
Harry B. Heller