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HomeMy WebLinkAboutINDUSTRIAL CONDOMINIUM APPROVALS i TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSIION The Commissi # will fficially receive applicati no pplication No. at either Special or Regular meetings pr vided they eceived Date: were submitted) to t e C mmissi n Chairpers n, S creta ction or Public Hearing by : or agent, at least fourteen (14) days pri r t the meeting at which the y will be officially received. No application off* ially received at a Special heeti ece ip t No. will be acted upon t that meeting. APPLICANT: Bissell Commons, Inc. ADDRESS : 1744 Ellington Road, South Windsor CT TELEPHONE 644-8448 OWNER OF RECORD ON LAND RECORDS : Bissell Commons, Inc OWNER ADDRESS: 1744 Ellington Road, South Windsor, CT 01� 074 COMPLETE LOCATION OF PROPERTY: Cha el Road, South Windsor (See copy of map attached) ZONE I NAME, ADDRESS b TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: William E. Grace, Esa. , 25 Oakland Road, South Windsor CT 06074 TELEPHONE 644-1528 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWI G) 1 . Zone Change to (public hea ing required) 2. Filing for Subdivision 3 . Filing for Open Space Subdivision (public hearing required) 4. Filing for Resubdivision (public 'hea g required) 5. Special Exception to Article ( ublic hearing required) X �1 6 . Site Plan of Development ,'� o��< 7. Removal of Sand , Gravel , Clay c Oqu Stone 6 Ore (public hearing required) �Q�Q 8. Other (explain in detail) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AN OWNER OF THE PROPERTY AND SUBMITTED WITH 6 SETS OF PLANS (7 sets if publi hearing is required) BEFORE IT IS RECEIVED BY THE PLANNING 6 ZONING COMM SSION. I E COMMON C. D IJS S CO � NC. By By WILLIAM E.Atkk�faafTS ATTORNEY WILLIAM E. P TITS ATTORNEY TOWN OF SOUTH WUDSOR PLANNING AND ZONING CM IISSI PLANNING AND ZONING COMMISSION ACTION TAMS A CATION SHALL BE ACCEPTED BY APPLICATION # THE G AM ZONING COMMISSION AT RECEIVED DATE: Tom$ RUE. Y 'SCHEDULED FETING ON THE APPROVAL DATE: rotNaH SDAY OF THE MONTH. IT SHALL REJECTED DATE: ME ',SUB TO THE PLANNING AND RECEIPT # ZONING SIGN OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TtESDAY. APPLICANT: Bissell Commons, Tnc. ADDRESS: TELEPHONE # 6 4 4-8 7 61 OWNER OF RECORD ON S.W. LAND RECORDS Bissell Commolls, Inc. ADDRESS: 1750 Ellington Road, South Windsor CT 6074 COMPLET$ DESCRIPTION OF LOCATION OF PROPERTY Land n Chapel Road, South Windsor (see copy of attached map) Zan I NAME,. ADDRESS A 7ELEPHONE # OF PERSON TO WHOM CORRESPOND CE AND INQUIRIES SHOULD BE DIRECTED: William E. Grace Es 25 Oa lan CT 06074 TELEPHONE # 644-1528 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1. Zone Change to Zone (public bears ) i _ X 2. Filing for Subdivision 3. Filing for Open Space Subdivision (pub'Iic h aring) 4. Filing for Resubdivision (public bearing) S. Special Exception to Article of the Z, ning Regulations (public hearing) 6. Site Development Plan 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing) 8. Other (explain in detail) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT Ali THE R OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT VM 11 A=Pi'ED BY THE PANNING AND ZONING COMMISSION BIS L NS, , IN COMMON B if By ♦ LICANT- William E. Grace y R William E. Grace Its Attorney Its Attorney vs=) 14 . App . #1020 - Bissell Commons Attorney William Grace was present on behalf of th applicant and stated that the purpose of this subdivision was to; sell a 75 ' strip to Botticello to the rear to provide him with acceis to his property from Chapel Road. The original plan for Bisselill C mmons has not = changed and the plan to proceed as on inall relented to the g y P P g Y! P == Commission. Mr . Lucek produced an kDC map which of tlined all of Mr. Botticello ' s land. Mr. Hallowell said there•• is. a problem. in that. Bissell Commons is being used- for retail sales and this is an Industrial zone . He cited Kasheta and South Windsor Office Supply as two examples . He noted retail sales are creeping in, and the land should conform to the regu- lations, or it should be re-zoned if retail s4lesiare to be permitted . Mr. Conde noted that perhaps this should be consi ered in the Plan of Development . Attorney Grace said he has told his clients L. and he will tell them again. Mrs . Montana suggested hat perhaps the Commission should consider a new zone - something ' inbetween Industrial .. and Commercial. Mr. Martel suggested some technical changes to t e plan, and Mr. Conde then made a motion to approve the above appliicati n for a resubdivision .... of property located on the north side of Chapel R' ad, as shown on a plan prepared by Lucek Engineering Assoc . , In;c . , aced 6-8-84 , in an I _._. zone , subject to the following modifications : 1 . MDC coordinates must be shown; 2 . Iron pins must be shown on all corners o Parcel A; 3. The southerly street line of Chapel Road must be shown ; 4 . The foliage line must be addressed; andl, 5 . The 50 year flood line must be addressed. Within 90 days of the date of approval (by '1/26/84) a 24" x 36" black and white mylar, together with three apex prints , with the appri val letter reproduced thereon, must be sub itted to this Commission to be stamped and signed . The mylar will t en be filed in the Office of the Town Clerk. === Mrs . Rossi seconded the motion and it was unanim usly voted in favor and so ordered . %/J/ 1 2307 5 ILAS DEANE HIGHWAY ROCKY HILL,CONNECTICUT 06067 TELEPHONE December 9, 1982 (203) 563-235S South Windsor Planning and Zoning Commission r South Windsor Town Hall South Windsor, CT. 06074 RE: Storm drainage system of Chapel Hill Condominiums Chapel Road, South Windsor, Connectic t and Bissell Commons Dear Commissioners: Please be advised that this office is in recei t of your letter dated December 8, 1982 from which it is reasonable to conclude that the Planning and Zoning Commission intends to allow Bissell Commons to install a drainage pipe from its detention basin to the municipal drainage system in Chapel Road. Please be advised that Chapel Hill Realty, Inch and Chapel Hill Condominium Association, Inc. herein object to Bissell Common connecting to the Town of South Windsor drainage system without having a drainage easement from the Town of South Windsor. To my knowledge Bissell Commons has not a quired any legal interest or drainage rights owned by the Town of South Winds r which are located beyond its property line. While the Commission-may have a ted in good faith and earn- estly believed that it had the right to grant the d eloper permission to con- nect to the municipal drainage system, it is ny and rstanding that the Planning and Zoning Commission cannot grant any interest in id land since the town charter specifically reserves that function tolthe Town Council. Please be further advised that the drainage easement from Chapel Hill Realty, Inc. to the Town of South Windsor was conveyed', sole y to the town in order to accomodate town drainage and for no other purpose. , Connecticut case law is replete with precedents and supports the legal theo y that the owner of the dominant estate which owns the drainage easement - tiere the Town of South Windsor cannot increase the burden on the servient estate - here Chapel Hill Condominiums by allowing abutting property owners to utilize the easement in favor of the town. If the law were otherwise we would Teach the ludicr us conclusion that the Plannin and Zoning Commission or the Town Council could all w numerous abutting property owners to utilize its drainage easement and eventually flood Chapel Hill Condomin- iums. The law zealously protects the serQient esta a through which this storm drainage flows. I would strongly urge the Planning and Zoning �,ommission to refer this entire matter to the town attorney for a legal opinioin ands, further advise the Co®mission to prohibit Bissell Commons from installing any drainage into the municipal syster and/or the Chapel Hill Condominium system until thi 3 entire matter is resolved. -2- Please be further advised that if Bissell Cofmmon connects its drainage to the Town of South Windsor drainage system which ev itually collects onto the Chapel Hill Condominium property we shall have not lternative but to institute suit against the Town of South Windsor 'and lie owners of Bissell Commons in order to protect the property rights of Ch el Hill Realty, Inc. and Chapel Hill Condominium Association, Inc. In,,, lig of the clear Connecti- cut case law and threatened litigation between the pa ies I would strongly urge the Planning and Zoning Commission to reconsider ) is position and prohibit Bissell Commons from connecting its drainage outlet to the Town of South Windsor drainage system. Thank you for your anticipated cooperation. Very truly yours, Raymond G. LeFoll RGL/c f Tiawl-2, �� ?A�, e � wc�, bliolt 1540 SULLIVAN AVENUE - SOUTH WINO OR, CONN. 06074 r�oSOR,Coa� AREA CODE 20 /644-2511 September 19 , 1983 Mr . Richard Kelley R. S . K. Contractors - 1750 Ellington Road South Windsor, Ct. 06074 i Dear Dick: Re: App . #895 - Bissell Commons Chapel Road The Commission would like to have the landscaping and buffering on the easterly side of this site adjacent to ' the condominiums installed during this fall ' s planting season. Would you please arrange to meet with Peter D ' Mallie to discuss this matter and advise him of your planting schedule? Yours very truly, PLANNING AND ONING COMMISSION vg By: Marshall M ntana, Chairperson CC: Peter DeMallie, Planning Director .`OWN Sct E1 A - U T-awn- 0-yes 1540 SULLIVAN AVENUE • SOUTH WINDS OR, CONN. 06074 r�oSOR,co, AREA CODE 203 644-2511 January 4 , 19841 William E. Grace, Esq. 25 Oakland Road South Windsor, Ct. 06074 Dear Bill: Re: App. #966- Bissell Commons, Inc. , Phasl II Please be advised that the Planning and Zoning Commission voted to approve Phase II of Bissell Commons, as shown onli site plan of development prepared by Lucek Engineering Assoc. , Inc. , dated 10/19/83, revised to 11/20/83, subject tothe following modifications : 1. An arrow indicating "north" shall be added to the plans. 2 . Horizontal and vertical control data shall be, shown on the plans and is subject to approval of the Town Engineer. 3 . The southerly side of Chapel Road must be shown on the plans. 4 . The lack of parking spaces must be resolved prior to submitting an application for approval of future phases. 5. The drainage overflow must be addressed in future phases and is subject to approval of the Town Engineer. 6. A surety bond, or other acceptable surety, in, the amount of $3, 000 shall be submitted to this Commission to ensure completion of buffering and landscaping in both Phases I and II. 7. No building permits will be issued until the final plans have been filed in the Office of the Town Clerk. A 24" x 36" black and transparent mylar of Sheet 2 must be submitted to this Commission to be stamped and signed, and must be filed in the Town Clerk' s Office within 90 days (by April 2) . This approval letter must be reproduced on the mylar, and three paper rints must be submitted to this office. Yours very truly, PLANNI G AND ZO ING COMMISSION g Y v B : Robert F. G ' igan, C airm n CC: T. D'Auria, Building Official E. Belleville, Assessor R. Martel, Town Engineer P. DeMallie, Planning Director 10 S Ott& 1540 SULLIVAN AVENUE - SOUTH WIN SOR, CONN. 06074 253 AREA CODE 20 1/644-2511 R-C September 4 1984 William E. Grace, Esq . :7 25 Oakland Road South Windsor , Ct. 06074 Dear Bill: Re : App . #1020 Bissell Commons Please be advised that the Planning and Zoning ',Commission voted on August 28, 1984 , to approve the above 'application for a resubdivision of property located on the north side of Chapel Road, as shown on a plan prepared by Lucek Engineering Assoc. , Inc . , dated 6-8-84 , in an I zone, subject to the following modifications: 1 . MDC coordinates must be shown; 2 . Iron pins must be shown on all corners of Parcel A; 3 . The southerly street line of Chapel Road Must be shown; 4. The foliage line must be addressed ; and 5 . The 50 year flood line must be addressed. Within 90 days of the date of approval (by 11/2-6/84) a 24" x 36" black and white mylarg together with three paper prints , with this letter reproduced thereon, must be submitted to this Commission to be stamped and signed . The mylar will then be filed in the Office of the Town Clerk. Yours very, truly , PLANNING D ZONING COMMISSION vg By• A Robert . GilYigan, CVairman 7- CC: P . DeMallie, Planning Director R. Martel, Town Engineer E. Belleville, Assessor T o-P Sou� ?A• Id4at 1540 SULLIVAN AVENUE - SOUTH WINOSOR, CONN. 06074 S R- AREA CODE 20 /644-2511 October 9, 1984 Mr. Richard S. Kelley F. R' S K Contractors 1750 Ellington Road South Windsor, Ct. 06074 4. Dear Dick: Re: Letters of Credit Bissell Commons & Westgate L. Your letters of credit for Bissell Commons and Westgate Professional Center expire in the near term. Consistent with Town requirements, kindly submit tothis office re- placement surety - for Westgate (sewer hook-up), immediately (expira- tion date of November 8) , and for Bissell Commons, bylNovember 1st. Failure to do so may result in a calling of the surety prior to its expiration. You might wish to confer with Rick Martel, Town Engin er, regarding the prospects for sewer service to Westgate this next calendar year, and with Ginny Graney regarding when the Bissell Comm, ns surety might no longer be required (I believe it functions as a on -year maintenance bond, subject to PZC release) . Very truly yours, Peter R. DeMallio Director of Planning PRD/jv CC: Rick Martel Virginia Graney t y T-aw� V/ Sot '!IW • O � C V 1540 SULLIVAN AVENUE - SOUTH WIND OR, CONN. 06074 SOR-CO�� AREA CODE 203 644-2511 October ,31 , 1984 William E. Grace, Esq . 25 Oakland Road South Windsor, Ct . 06074 Dear Bill : Re: Bissell Commons , Phases I and II Please be advised that the Planning & Zoning Commission voted to reduce the bond for buffering and landscapinjg in the above matter from $3 , 000 to $1 , 500. The Letter of Credit we are holding expires on 'January 9 , 1985 . Please forward us an amendment to that Letter , reducing the amount to $1, 500 and extending theterm for one year . Yours very truly, PLANNING AND ZONING COMMISSION w w vg y:B �• Robert F. Girlio n, C airman CC: P . DeMallie, Planning Director RECEIVED NOV t 2884 SO WINDSOR PLANNING DEPT. owN af,t� C � G� w� 1540 SULLIVAN AVENUE • SOUTH WINDS DR, CONN. 06074 f��soR•Co� AREA CODE 203 644-2511 January 30, 1985 Mr. Vincent A. Casanava Engineering Associate . SNETCO 195 Church Street New Haven, Connecticut 06506 Dear Mr. Casanava: To confirm our telephone conversation of January 30, 1985, 'Tlease be advised that your proposed use in the Bissell Commons Industrial ndominium is exempt from zoning. This conclusion is based an section 16-235 O the Connecticut General Statutes, as amended, and a conversation I had ear ier today with Richard Rittenband, South Windsor Town Attorney. Accordingly, no approval is required from the South Winds o Planning & Zoning Commission for the installations described in your ca>nnmi ation of January 23, 1985. If I may be of further assistance, feel free to contact me', at the Town Hall. Sincerely, J Peter R. DeMa lie Director of Plannipg PRD/j sv cc: John She m, Economic Development Coordinator Rick Martel, Town Engineer Toga D'Auria., Zoning Enforcement Officer P&ZC File, Bissell Commons T-au� �s �� v 1540 SULLIVAN AVENUE • SOUTH WINDS R. CONN. 06074 SOR•C AREA CODE 203/' 44-2511 July 17, 1985 Mr. R. Kelley Bissell Commons, Inc. Chapel Road South Windsor, CT 06074 CERTIFIED NAIL Dear Mr. Kelley: At the July 15, 1985 meeting, the South Windsor Inland W tlands Agency/ Conservation Commission approved with conditions, Application No. 340 for the purpose i of construction of� Phase III of Bissell Commons, Inc. , on property located at Chapel Rd. , South Windsor. The permit is based on the plans entitled "Bissell Commons an Industrial Condominium" for Bissell Commons, Inc. , Chapel Road, South Windsor, Connecticut, by consulting engineers of Lucek Engineering Assoc. Inc. Such plans are dated 10-2-82, being revised 11-5-83, 11-22-83, and 6-19-85; sheet 1 of 4. The permit is also based on Topographic Plan for property of Bissell Commons, Inc. by Lucek Engineering Assoc. Inc. dated 3-27-85, there being no revisions; sheet 2 of 2. The following conditions must be adhered to for this permit to be valid: 1. Construction activities shall be subject to the approval of the Town Engineer. 2. The application shall indemnify and hold harmless the Town of South Windsor against any liability which might result. from the proposed operation or use. 3. The permit is valid for one year and shall expire July 15, 1986 if not initiated and completed within one year from the date of approval. Very truly you s, John Moran, Jr hairman INLAND WETLAND, AGENCY/ CONSERVATION C MMISSION CC: Wm. E. Grace, Esq. Lucek Engineering Assoc. A. B. Davies, Deputy Town Engineer Jacqueline J. Smith, Town Clerk Richard J. Sartor, Town Manager Richard Ryan, Deputy Mayor Robert F. Gilligan, Chairman PZC ,,Thomas D'Auria, Building Official'. Peter DeMallie, Director of Planning Kenneth Brill, Chairman EDC John Shemo, Coordinator EDC at,t DO-A 1---��� , TO v 1540 SULLIVAN AVENUE • SOUTH WIfINDS R. CONN. 06074 4♦�dsoR•co��w AREA CODE 203/ 44-2511 July 26 , 19851 William E. Grace , Esq . 25 Oakland Road South Windsor, Ct. 06074 Dear Bill : Re : App . #1096 - Bissell Commons, Ph' se III Please be advised that the Planning & Zoning Commission voted to approve the site plan of development for Phase' III of Bissell Commons, for property located on the north side of Chapel Road, in an I zone, as shown on plans prepared by LuceklEngineering Associates , dated 10-2-82 , revised to 7-23-85 , subject to the following modifications: 1 . A waiver for 13 parking spaces is granted in accordance with Section 8 . 4. 1 . 2 . Dumpsters shall be located on concrete pads and be adequately screened with stockade fences. 3. No outside storage will be permitted on these', premises . 4. Landscaping at the southwest corner shall be odified to show plantings around the corner of the building. 5 . No building permit will be issued until the final mylars have been filed in the Town Clerk' s Office. 6 . Prior to commencement of site work, a meetings must be held with Town Staff . 7. This approval is subject to the conditions of, approval of the Inland Wetlands Agency/Conservation Commission. Within 90 days of the date of approval (by October 21 , 1985) black and white transparent mylars of sheets 1 and 2, together with three paper prints, must be submitted to this Commission to be stamped and signed. The letters of approval of this Commission as well as the Inland Wetlands Agency/Conservation Commission, must be reproduced on the mylar .. Yours very truly, PLANNI -G AND ' ZONING COMMISSION vg By: obert F. ' illigan, hai man CC: E. Belleville, Assessor R. Martel , Town Engineer / P. DeM�allie, Planning Director h IWA/CC T. D 'Auria, Building Official at,`� 1540 SULLIVAN AVENUE - SOUTH WINDSOI . CONN. 06074 �ftiosoR co� AREA CODE 203/� 4-2511 October 11, 198 Mr. Richard S. Kelley RWR Associates 1750 Ellington Road South Windsor, Ct. 06074 Dear Sir: Re: Bissell Commons The Planning & Zoning Commission is holding a Letter of Credit in the amount of $1, 500 to ensure completion of landscaping and buffering at Bissell Commons. The Letter of Credit will expire on November 7, 1985. d s an amendment extending Please forward u g the term� for one year immediately. Our rules require that this matter �)e placed on a PZC Agenda for discussion, and possible calling', of the Letter of Credit, if a renewal has not been submitted 301, days before the date of expiration. Yours very truly, PLANNING & ZONING COMMISSION a 7 g Robert F. Gi ligan, hairma CC: P. DeMallie, Planning Director RECIEIVED OCT = 1�0;) SO. WINDS011 PL NING DEBT: �� lea 'r. � 1540 SULLIVAN AVENUE SOUTH WINDS R. CONN. 06074 4l��soR•c AREA CODE 203/ 44-2511 July 15, 986 William E. Grace, Esquire CERTIFIE D ' MAIL 25 Oakland Rd. South Windsor, Ct 06074 RE: Permit Extension - Application #340, Bissell Commons Phase III, . located on Chapel Road Dear Attorney Grace: At the July 14, 1986 meeting, the South Windsor I iland Wetlands Agency/Conservation Commission approved a one-yea extension for the above mentioned application. The extension becomes effective July 15 , 1986 wit a an expiration date of July 15 , 1987 . All original conditions o E this permit still apply. Very truly] yours, John M. Moran, Jr. , airman Inland Wetlands Agency/ Conservation Commission Town of south Windsor JMM:dlb n ineer • ' es Deputy g CC. A. B. Davi P Y Town E Richard Martel, Town Engineer Planning & Zoning Commission Thomas D'Auria, Building Official Mar cia Banach, Director of Planning Coordinato John Shemo, Economic Development � ,JOIN +t,t ca 4 t- C-/ S_o_� . o � C G� 1540 SULLIVAN AVENUE . SOUTH WINDS R. CONN. 06074 R•co�' AREA CODE 203/ 4-2511 June 1 , 1987 Mr. Richard Kelley RSK-Kellco 1744 Ellington R.d South Windsor, Ct 06074 RE: Application #340 - Bissell Commons Inc. Dear Sir: 40for permit and one year ex- This is a reminder that Application # 3 p Y tension will expire on July 15 , 1987. A new application will be required if you plan to extend your project beyond the above expiration date , along with a feelof $25 .00 . This should be submitted at least 30 days prior to the xpiration date of the permit. If work has been completed or will be 'ecompleted by the expiration date , we would appreciate you contactinj the Inland Wetlands Agency/Conservation Commission' s secretary, Debbie � Bellizzi at 644-2511 Ext. 253 to advise her of work status . If an you have questions , please don' t hesitate t � contact Debbie or y Y Mr. Davies , Deputy Town Engineer . Very trulljr yours , Kevin ' Ren ie , Chairman Inland We lands Agency/ Conservat on Commission Town Of S uth Windsor CC. Marcia A. Banach, Director of Planning A. B. Davies , Deputy Town Engineer Richard Martel, Town Engineer Louise Evans, Chairman, PZC �diowM at44C C � 7'W' 0-P s ?d&v&�"at V �w 1540 SULLIVAN AVENUE - SOUTH WINDSC R. CONN. 06074 soR•co AREA CODE 1203/ 4-2511 August 10, 198117 Bissell Commons , Inc. CERTIFIED MAIL 1744 Ellington Road South Windsor , Ct 06074 Attn : Mr . Richard Kelley Dear Mr . Kelley: Re: Application #501 - Bissell Commons At the July 13 , 1987 meeting , the South Windsor ,Inl4nd Wetlands Agency/Conservation Commission approved application 4501 , which is a renewal of permit granted under application #340, located on Chapel Road. The permit becomes effective July 13 , 1987 with ,an expiration date of July 13, 1988 . All original conditions granted 'und r application #340 will apply to this permit . Very truly yours , Eliza,)rjth Warren , ice-Chairman Inla Wetlands A ency/ Conservation Commission Town of South Win sor CC : A .B . Davies Deputy Town Engineer Richard Martel , Town Engineer Marcia Banach , Director of Planning Michael Gantick , Director of Public Works Thomas D' Auria , Building Official Louise Evans Chairman , PZC