HomeMy WebLinkAboutRESUBDIVISION (34) ri
TOWN OF SOUTH WINDSOR, CONNECTICUT
PLA14NING AND ZONING COMMISSION l
APPLICATION FORM AUG 2S 1988
App. No. ' IMPORTAN South Windsor
�
Date Received: - tanning & Zoning Commission
Public Hearing By: planning and Engineering Department staff
/�•��`�k, require 14 days to determine application
Receipt No. completeness. To ensure receipt of a
complete application by PZC, it is strongly
recommended that the application be submitted
14 days prior to the Regular Meeting at which
it will be received.
APPLICANT: Metals Testing, Inc
ADDRESS:- P.O.
Box 213 - 570 Sullivan Ave TELEPHONE: 289-8225
OWNER OF RECORD ON -LAND RECORDS: Same
ADDRESS:
COMPLETE LOCATION OF PROPERTY: New industrial road off Sullivan Ave for Mvette_
Subdivision. ZONE: I
NAME, ADDRESS & TELEPHONE NUMBER OF PERSON TO- WHOM INQUIRIES SHOULD BE
DIRECTED:
Christopher Stone, P E c/o Fuss & O'Neill Inc
146 Har
tford Road Manchester. CT TELEPHONE: 646-2469
'THIS APPLICATION IS FOR: (Check one of the following)
1. Zone Change to (public hearing required)
2. • Subdivision
3 . Open Space Subdivision (public hearing required)
X 4. Resubdivision (public hearing required)
5. Special Exception to Article (public hearing required)
6 . Site Plan of Development
7 . Earth Filling (Section 10) and/or Earth Removal (Section 9)
(public hearing required)
8 . General Plan of Development
9 . Regulation Amendment: Zoning Subdivision
10 . Other (explain in detail)
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF THE PROPERTY
AND SUBMITTED IN TRIPLICATE WITH SIX SETS OF THE MAPS (7 if public hearing
is required) AND THE DOCU NTS (+sel page 2)
Applican- Owner
1/14/87 (see reverse side)
TOWN OF SOUTH WINDSOR, CONNECTICUT
PLANNING AND ZONING COMMISSION
APPLICATION FORM
This application is complete and ready for Planning & Zoning Commission
receipt only upon submission of all required documentation, including,
but not necessarily limited to, the following items. Not all items are
required with every application. -See applicable sections of the South
Windsor zoning and subdivision regulations for specific requirements.
APPLICATION CHECKLIST
X 1. Key Map
On file 2. Architectural Elevations/Floor Plans
X 3. Completed application form (in triplicate)
X 4. Required fees
X S. Zone Change, Site Plan, Subdivision, Open Space Improve-
ment, and/or General Plan of Development maps, in accordance
with regulations. (S•ix sets - seven if public hearing required
X - 6. Plans & Profiles/Drainage Calculations
X 7. Conservation Plan
X 8. Landscaping Plan
N/A 9 . Traffic Engineering Report
X 10. Narrative Statement
N/A 11. Sanitary Report
N/A 12. Copy of agreement to purchase land (if not the owner)
13 . Other
ALL PROSPECTIVE APPLICANTS ARE URGED TO CONFER WITH TOWN PLANNING
DEPARTMENT AND ENGINEERING BUREAU STAFF PRIOR TO SUBMISSION OF ANY
APPLICATION TO THE COMMISSION.
CONSULT PLANNING DEPARTMENT FOR FEE SCHEDULE.
1/14/87
CHECKLIS i Wi ncisser'
• REQUIRED INFORMATION
SITE PLANS
This checklist must be signed by plan preparer (P .E. /L. S . ) declaring
that all required information is provided . Items 1-7 are required
for all applications ; items 8-11 required where appropriate.
Check mark for each item supplies .
1 , On each sheet for plans or maps , title block with the
following information:
a. Name , address and telephone of applicant .
b . Name , address and telephone number of Land Surveyor
or Professional Engineer .
C. Name of Development.
_ d. Date when drawings were made.
2 . Key Map: An overall map drawn to a scale of 1 inch
equals 200 feet , which can be used as an overlay on
Metropolitan District Maps. This map will show the
overall design of the Development and surrounding
property within- 500 feet.
X a. Data block which gives needed zoning information
such as percentage of lot coverage, acreage of
tract, number of apartment units , parking
requirements , etc.
X _ b . Layout of buildings
_ C. Layout of streets and parking .
d . Lines indicating proposed drainage system with
direction arrows .
X_ e. _Lines indicating sanitary sewer system with
direction arrows.
_ f . Names of surrounding property owners .
g . Proposed open spaces and recreation areas .
h. Driveway cuts on surrounding properties .
3. Architectural Elevations : Plans of the proposed
buildings drawn to a scale of 1/8" = 1 ' - 0" showing
the elevations of all sides of the proposed buildings
in sufficient detail to show architectural styling .
k Architect' s seal on elevations for buildings in excess
of 5000 square feet (per CGS Chapter 390) .
Page 2 (Site Plans)
4 . Plot Plan : A layout map of the proposed site drawn to
a scale of 1 inch equals 40 feet on either of the
following size sheets : ( 1 ) 24" X 36" with a 3/4" ruled
margin ; ( 2) 18" X 24" with a 1/2" ruled margin ,
containing the following data:
a. Distance and bearings of all boundary lines and
acreage of site. Iron pins required at all
property angle points and shown on map.
_ b. Proposed streets and street lines with center line
stations , curve data , and parking spaces .
C . Building lines in accordance with zoning
regulations.
�. - d. Proposed buildings and other structures, including
signs , outside lighting , and dumpsters (on concrete
pad and screened)
K e. Easements, noting grantors , grantees , and purpose.
f . Names of abutting property owners.
X g . Monuments will be indicated at corners and angles
of all streets and at all points of curvature and
tangency. In areas accessible to Metropolitan
District Commission points , or other coordinated _
points , the monumented points within proposed site
shall be coordinated. These coordinates shall
appear in tabular form on the plot plan. The
accessibility of these MDC points shall be
determined by the Town Engineer.
h. All open space or other common or public land uses
shall be indicated.
i. A-2 certification; P.E. /L.S . Seal.
5. Topographic Map : A map drawn to a scale of 1 inch to
40 feet on sheets not exceeding 24 inches by 36 inches ,
including ruled margins shall in addition to the-
requirements of the plot plans show the following :
_ a. All existing and proposed buildings.
b. Curb lines and pavement width , sidewalks.
x C . Existing and proposed sanitary sewers .
x d. Existing and proposed water and gas main systems .
. X e. Present wooded area indicated by foliage lines .
Any individual trees to be saved should be shown.
['Ci J Jl LC 1 1d11J
f . Existing and proposed contours sha-11 be shown in
not less than two-foot intervals , but in cases of
relatively level land , the contours shall be
one-foot intervals and spot elevations .
_ g . Regulated wetlands and 100-year floodplain or note
that none are present.
_ h. Proposed storm drainage system, showing all catch
basins , endwalls , manholes , lengths and sizes of
pipes . (Minimum distance between catch basins
shall be 300 feet and minimum size of storm drain
lines shall be 15 inches . )
i. Connections of all springs into proposed storm
drainage system as needed .
_ j . Location and indications of existing brook
channels , and 100-year flood limits.
_ k. A-2 Certification ; P.E. /L. S , Seal .
-- .— 6. Landscaping plan .
x 7 . Drainage calculations - Zero Runoff Increase per
attached guidelines . .
.IQ 4F A 8. Traffic report .
9. Plans and Profiles : A plan and profile -of the proposed
streets drawn on plan/profile paper of scales 1 inch to
40 feet horizontally, and 1 inch to 4 feet vertically
on sheets not exceeding 24 inches by 36 inches ,
including ruled margins and containing the following:
a. Layout of streets in sections coordinated by
stations with the profile .
b . Street plan showing roadways and drainage.
C. Sight line at driveway & street intersections.
d . Profile of roadway showing existing and finished
grades . Roadway profile will show all tangent
grade and all vertical curve information .
e . Profile will show all catch basins and all drainage
lines between catch basins with all invert and top
of frame elevations. Drainage lines will be shown
and described as to material .
f . Where any storm drainage line discharges into an
existing brook sufficient profile of this brook
will be shown to determine conditions.
g . Metropolitan District Commission datum- shall be
used on all sites accessible to these controls .
The Town Engineer shall , based on standard
engineering practices , - determine the accessibility
of these controls .
Page 4 (Site Plans )
h . Profiles shall show all sanitary sewer lines and
manholes , including elevations , sizes , lengths , and
slopes of pipes . Top of foundation elevations for
building shall be shown .
. 10. Open Space Site Improvement Plans : For sites which
require or include a provision for open spaces , a plan
which contains data for site improvement may be
required . This map shall be drawn to a scale of 1 inch
equals 40 feet .
_ 11 . Sanitary Report: Where individual sanitary sewage
disposal systems are proposed , the final plans shall
include a Sanitary Report certified by a Professional
Engineer . The report shall demonstrate the feasibility
of the proposed individual systems; the report should
deal with the area as a whole , discussing the following
points:
a. General nature and development of surrounding area.
b . Topography and natural drainage pattern.
C. Subsurface conditions as shown by subsurface
investigation , including soil absorption
characteristics, ground water level conditions,
ledge rock, and general nature of soil .
_ d . General description of type of development
contemplated .
e. Detailed description of proposed sanitary sewage
disposal facilities , indicating sizes for various
ground conditions, materials to be used , and the
general layout pattern to be used , etc .
f . Special precautions that may be necessary to
provide proper functioning of the proposed disposal
systems .
g . Map of general area with locations of all tests
shown on proposed layout .
h. Flood heights of any nearby streams, brooks, or
rivers .
i. Test results and engineering evaluation per Section
4. 13 . 5 .
All information required above is included in this application at the
time of submission .
PLAN PR PARER P . E. L.S .
November , 1987
METALS TESTING
1 . FThis is an application for a one lot resubdivision and site
plan for property located in the previously approved Mygftte
Subdivision on the southerly side of "roatd under const3fuction'
and the easterly side of Sullivan Ave. It is in front of the
Commission for resubdivision because it includes land that was
not previously approved as a part of the Myette Resubdivision
back in December of 1983. That approval only included land up to
lot 10 on the west side and lot 3 on the east side. This
application includes lot 3 as well as land that was left as part
of Parcel A.
Our main objection to this site plan when it was proposed
previously was that the newly created lot included part of an
unapproved parcel. In addition, there was no provision made for
a temporary cul de sac which is required by our public work
department for the maneuvering of town vehicles . This
resubdivision application addresses both of these concerns.
2. It appears that all subdivision regulation have been met
for this site. The new lot is approximately 1 . 75 ac with
approximatley 218 ft of frontage along the cul de sac.
3. The proposed industrial building is 10,550 sq ft of which
2,500 is proposed office. Impervious coverage is 48%, building
coverage is 12.4% and building height ieX ft. Our regulations
require that 28 parking spaces be provided, -the applicant is only
showing 24 spaces; requested waiver of 4 spaces .
4 . There are regulated wetlands on site. They received IWA/CC
appproval last night with the following conditions:
a. continue the silt fence 150 ft along the west side of
proposed building to protect the wetland area
b. designate a stockpile area
c. bond of $5,000 .
d. standard conditions
5 . WPCA approval was previously granted for this subdivison.
The Supt. of Pollution Control has requested tht sewer easement
be shown on the plans . DEP permit will be required if there is
an industrial process waste discharge to the sewer and/or if
average daily flowa are greater then 5,000 gallons a day.
6 . Are there any emmission into the air? If so, will a DEP
permit be required?
7 . 4bawwill a car get out of the parking space located on the
southerly side of the building?
8 . Landscaping as proposed appears to be adequate, however
with only three planting types - canadian hemlock, junipers and
linden. A variety of plantings would be desireable and we also
need more detail as to the size at planting and the total number
to be planted. Also, the dupster proposed is shown is shown on a
concrete pad with a 6 ft screen however it is shown outside of
the building lines .
9 . The architecturals depict that the building will be a metal
building with the front of the building consisting of a number of
windows, with dryvit facade, and metal coping up towards the top.
They also indicate that there will be one overhead door located
on the northwesterly side of the building.
11,
If approved, I would request the following plan modifications:
a) the dumpster placed within the building lines
b) more information regarding the number and size of the
plantings
c) a note on the plans that if a second curb cut is allowed when
the road is extended, that the cuts will have tV be modified such
that they are not in close proximity to one another.
To: Raymond F. Hallowell, Jr. , Chairman
Planning and Zoning Commission
This is to advise that I am disqualifying myself from
participation in any/all discussion/decision/action regarding
Appl. #88-76P, Metals Testing.
Mar aret Rossi
Commissioner
.� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
AREA CODE 203/644-2511
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
Notice is hereby given that there will be a public hearing of the
Planning and Zoning Commission on Tuesday, October 18, 1988 at 8 : 00
P .M. in the Council Chambers of the South Windsor Town Hall to
consider the following:
2 . Appl . #A-76P; Metals Testing, Inc. , for a Resubdivision
and Site P to create 1 lot on the new Myette Subdivision
industria road off the north side of Sullivan Avenue, west
of West Road and east of Kennedy Road, I Zone.
Copies of the applications and maps more clearly defining the
properties are on file in the office of the Town Clerk and/or the
Planning Department of the Town of South Windsor.
At this hearing, interested persons may appear and be heard, and
written recommendations will be received.
PLANNING AND ZONING COMMISSION
Raymond F. Hallowell, Jr. , Chai-rman
Marshall Montana, Secretary
PUBLIC HEARING OF THIS APPLICATION WILL BE CONTINUED ON NOVEM ER 15, 1988, IN
THE COUNCIL CHAMBERS,, AT 8:00 P.M.
PLANNING AND ZONING COMMISSION
Raymond F. Hallowell, Jr. Chairman
Marshall Montana, Secretary
o,MN s�
.•1
.� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR.co~� AREA CODE 203/644-2511
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
Notice is hereby given that there will be a public hearing of the
Planning and Zoning Commission on Tuesday, October 18, 1988 at 8 : 00
P .M. in the Council Chambers of the South Windsor Town Hall to
consider the following:
2 . Appl . #,$"8-76P, Metals Testing, Inc. , for a Resubdivision
and Si 'e P to create 1 lot on the new Myette Subdivision
industria road off the north side of Sullivan Avenue, west
of West Road and east of Kennedy Road, I Zone.
Copies of the applications and maps more clearly defining the
properties are on file in the office of the Town Clerk and/or the
Planning Department of the Town of South Windsor.
At this hearing, interested persons may appear and be heard, and
written recommendations will be received.
PLANNING AND ZONING COMMISSION
Raymond F. Hallowell, Jr. , Chairman
Marshall Montana, Secretary
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4A � 1540 SULLIVAN AVENUE - SOUTH WINDSOR• CONN. 06074
~°soR•co�� AREA CODE 203/644-2511
August 22, 1984
Edwin A. Lassman, Esq.
111 Pearl Street
Hartford, - Ct. 06103
r Dear Sir: Cuv-r,�q-
Re: App . #944 - William Myette Resubdivision
Please be advised that the Planning and Zoning Commission voted
last night to require a bond in. the amount of $95, 000 , to ensure
completion of the roadway, removal of the sheds , and completion of
landscaping.
The Commission also voted to permit you to file the mylars prior
to posting the bond, however, it is clearly understood that no
building permits will be issued until the bond has been posted.
Yours very truly,
PLANNING AND ZONING COMMISSION
vg By: - oc---,
Robert F. Gilligan, Chair an
CC : Mr . William Myette
Fuss & O 'Neill /
P . DeMallie, Planning Director v/
P . S . Would you please forward us the executed Declaration of
Easement, Drainage Easement and Warranty Deed , together with
the Certificate of Title immediately?
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1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
~osoR•co�'� - ' AR
A CODE 203/644-2511
September 30, 1988
Mr. Christopher Stone
Fuss & O'Neill
146 Main Street
Manchester, CT 06040
re: Appl. #88-76P Metals Testing, Inc.
Resubdivision and Site Plan
Gentlemen:
Please be advised that the public hearing in the above matter has
been scheduled for Tuesday, October 18, 1988 at 8:00 P.M. in the
Council Chambers of the South Windsor Town Hall, 1540 Sullivan
Avenue.
A sign advertising the hearing must be posted for 10 consecutive days
prior to the hearing, and must be clearly visible from the road.
Please have it posted by Friday, October 7, 1988 . One sign should
be placed on the east side of the new industrial road.
The signs can be purchased in the Town Hall for $5 . 00 each.
Very truly yours,
PLANNING AND ZONING COMMISSION
Raymond F. Hallowell, Jr.
Chairman
cc: PZC File
Applicant
Engineer
-�M. Banach, Dir. of Planning
w� 1640 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
f~�SOR•co AREA CODE 203/644-2511
October 3, 1988
M E M O R A N D U M
TO: Marcia A. Banach, Director of Planning
FROM: Michael J. Gantick, Director of Public Works
RE: Engineering Review
Metals Testing, Inc.
Please find attached the SEA review comments for the subject
application. The following comments are also noteworthy:
1 . Detail needed for materials of construction for detention
basin.
2 . Drainage easements should be lot to lot not in favor of
Town of South Windsor.
3 . Elevations needed along lot lines, driveway, building.
4 . , Only one driveway entrance should be made for site.
5 . Construction schedule should be revised•(,ca s+v—vv'E"� d-xk1)
6 . Specification on pavement section (bit. conc. ) is unclear.
7 . Groundwater conditions on site suggest a high groundwater
table. How will a "dry" basin be maintained?
8 . Where do the roof leaders go?
9 . Detail needed on retaining wall.
10 . Building dimensions and off-set from property line to be
shown.
Should you have any questions, please contact me.
MJG/jsv
cc: Project File
S E A Consultants Inc. September 26, 1988
Engineers/Architects
Principals Mr. Michael J. Gantick, P.E.
Arnold B.Goldstein,P.E. Director of Public Works
Frederick G.Aufiero,P.E. Town of South Windsor
Robert M.Brandon,A I.A. 1540 Sullivan Avenue
Stephen H.Geribo,P.E. South Windsor CT 06074
David T.Goodemote,P.E.
Bruce E.Soule,P.E.
Kenneth M.Stewart,PE. Re: Metals Testing, Inc.
Anthony J.zuena,P.E. Job No. 88126.43
Associates Task Order No. 43 -
Steven L.Bernstein,P.E.
Paul F.Gabriel,P.E. Dear Mr. Gantick:
Mark Gould,PE.
Joseph A.Murphy,P.E. As requested, S E A Consultants Inc.Michael S.Schultz,P.E. q has reviewed the
Paul C.Showstead,PE. following for the above referenced project:
Arthur A.Spruch,RE
Sheet No. Title Prepared By Date
Paul C.Ross,P.E.
1 of 3 Key Map & Plot Plan Fuss & O'Neill 8/18/88
2 of 3 Topographic Plan if
11
3 of 3 Details " 11
-- Drainage
Calculations
This information was reviewed for compliance with the Town of
South Windsor Subdivision and Zoning Regulations dated July
24, 1972 and standard engineering practice. We note the
following:
Section 4 . 13 .2 . 1 KEY MAP
A. The data block has not been included with the Key Map.
However, it has been provided on the Topographic Plan.
Section 4. 13 .2 .2 ARCHITECTURAL ELEVATIONS
Architectural elevations and plans of the proposed building
have not been submitted and are, therefore, not part of this
review.
Section 4 . 13 .2 . 3 PLOT PLAN
G. All monuments should be coordinated and appear in tabular
form on the Plot Plan.
850 Silas Deane Highway Section 4 . 13 .2 .4 TOPOGRAPHIC MAP
Wethersfield,CT 06109-3412
(203)721-7993 ,C. The proposed sanitary sewer lateral should contain flow
485 Massachusetts Avenue line elevations at the proposed building and at the existing
Cambridge,MA02139-4018 sewer manhole in the proposed road.
(617)497-7800
1537 Main Street
Springfield,MA 01103-1420
(413)731-9662
Citicorp Park West
100 Foden Road
South Portland,ME 04106-2319
(207)775-2281
r
LIE
SEA Consultants Inc. Section 4 . 13 . 6 CONSERVATION PLAN
Engin rs/Architects
D. A temporary stock pile area should be designated on the
plans.
Section 8 OFF STREET PARKING
1. A parking waiver of four parking spaces has been requested
and is designated on the plans.
2 . One handicap parking space has been provided. However,
two (2) spaces are required based on Town regulations of one
handicap space per 25 parking spaces provided.
GENERAL COMMENTS
1. The proposed building has been located within designated
wetland boundaries.
2. Foundation and roof drains for the proposed building
should be indicated on the plans.
3 . The purpose of the settling and sampling tanks should be
stated on the plans. Also, details of the tanks should be
provided.
4 . The Topographic Plan denotes an 118-inch PVC from trench
drain" note. However, the location should be clarified on
the plan.
5. A swale has been indicated in the Construction Schedule.
The location should be designated on the plans.
6. Storm drainage calculations for the proposed catch basins
have been provided. However, detention basin calculations
indicating zero net increases during the 2, 10, 25, 50 and
100-year storm frequencies for post development conditions
have not been included.
7. The existing 1511 RCP across the road under construction
has been designated to be plugged. What effect will this
condition present to the area it now drains?
8. A riprap apron should be provided at the outlet of the
proposed 15" RCP.
9. A detail of the proposed trench drain should be provided.
10. The proposed cul-de-sac should be designated as
"temporary" or "permanent" .
If you have any questions, please do not hesitate to call me.
Very truly yours,
Y
S E A Consultants Inc.
ohn T. Holland
JTH:ap
a
w� 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
''►oSolt-co� AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, OCTOBER 6, 1988
THURSDAY, OCTOBER 13, 1988
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
Notice is hereby given that there will be a public hearing of the
Planning and Zoning Commission on Tuesday, October 18, 1988 at 8:00
P.M. in the Council Chambers of the South Windsor Town Hall to
consider the following:
1 . Appl. #88-84P, Stuart and Lorraine A. Lott, for a Zone
Change from RR to RO for 3. 3 acres of property on the south
side of Route 30, vicinity of Pierce Road.
2 . Appl . # 8-76P, Metals Testing, Inc. , for a Resubdivision
and Si e P to create 1 lot on the new Myette Subdivision
industria road off the north side of Sullivan Avenue, west
of West Road and east of Kennedy Road, I Zone.
3 . Proposed Amendments to the Zoning Regulations:
- DA-15 Regulations .
Copies of the applications and maps more clearly defining the
properties are on file in the office of the Town Clerk and/or the
Planning Department of the Town of South Windsor.
At this hearing, interested persons may appear and be heard, and
written recommendations will be received.
PLANNING AND ZONING COMMISSION
Raymond F. Hallowell, Jr. , Chairman
Marshall Montana, Secretary
e
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
Jetoe•clo AREA CODE 203/644-2511
October 8, 1988 r<E C E IV E 0
OCT I Z 1988
Christopher O. Stone, P.E. Fuss & O'REILL, INC.
Fuss & O'Neill, Inc.
146 Hartford Road
Manchestesr, CT 06040
Re: Application #88-76, Metals Testing Site Plan
Dear Chris:
Attached is a copy of comments from the Planning and Engineering
Departments regarding the above-referenced application. Please
make the necessary revisions to the plans and submit 6 complete
sets (including architectural elevations, landscaping plans,
etc. ) to the Planning Department.
If you have any questions regarding the comments or the
procedure, please contact me.
Very truly yours ,
Marcia A. Banach
Director of Planning
cc: Town Engineer
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Metals Testing - Planning Dept. Review Comments
Zoning Data
bVhA, - lot frontage - indicate actual amount on new cul-de-sac
Topographic Plan
"'Ooy,L - what is the purpose of the 15, x 20, concrete pad with 6"
concrete berm?
- note that if both curb cuts are permitted, at such time
as road is extended cuts will have to be modified such that
they are not in close proximity to one another
NOTE: Architectural elevations needed; Planning Dept. does not
retain after previous application.
AO41
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�v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
��osoe•co`�r AREA CODE 203/644-2511
October 27, 1988
Mr. Christopher Stone
Fuss & O'Neill
146 Main Street
Manchester, CT 06040
re: Appl. #88-76P Metals Testing, Inc.
Resubdivision and Site Plan
Gentlemen:
Please be advised that the public hearing in the above matter has
been continued until Tuesday, November 15, 1988 at 8:00 P.M. in the
Council Chambers of the South Windsor Town Hall, 1540 Sullivan
Avenue.
The sign advertising the hearing must remain posted from now until
after the public hearing, and must be clearly visible from the road.
One sign should already have been placed on the east side of the new
industrial road.
Signs can be purchased in the Town Hall for $5 . 00 each.
Very truly yours,
PLANNING AND ZONING COMMISSION
Raymond F. Hallowell, Jr.
Chairman
cc: PZC File
Applicant
_Engineer
M. Banach, Dir. of Planning
t°,0N aE��
a7,aa� o7
1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
�'►'osoit-co�'� AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL, INQUIRER THURSDAY, NOVEMBER 31 1988
THURSDAY, NOVEMBER 10, 1988
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
Notice is hereby given that there will be a public hearing of the
Planning and Zoning Commission on Tuesday, November 15, 1988 at 8:00
P.M. in the Council Chambers of the South Windsor Town Hall to
consider the following:
1 . Continuance: AAioind
8-76P, etals Testing, Inc. , for a
Resubdivision a Plan o create 1 lot on the new
Myette Subdivis rial road off the north side of
Sullivan AvenuO, west of West Road and east of Kennedy
Road, I Zone (continued from October 18, 1988) .
2. Proposed Amendments to the Zoning Regulations :
DA-15 Regulations: single family, affordable housing,
cluster zone.
3 . Appl. #88-86P, South Windsor Congregation of Jehovah' s
Witnesses, Zone Change from I to RR for 13 . 2 acres of
property (Moser land) on the north side of Burnham Street
west of Long Hill Road.
4 . Appl . #88-87P, South Windsor Congregation of Jehovah's
Witnesses, 3-lot Resubdivision of 13. 2 acres of property
(Moser land) on the north side of Burnham Street west of
Long Hill Road, I Zone (Zone Change to RR pending) .
Copies of the applications and maps more clearly defining the
properties are on file in the office of the Town Clerk and/or the
Planning Department of the Town of South Windsor.
At this hearing, interested persons may appear and be heard, and
written recommendations will be received.
PU-NNING AND ZONING COMMISSION
Raymond F. Hallowell, Jr. , Chairman
Marshall Montana, Secretary
R. Complete hwns 1 and 3 when additional arrvhm we desired, and aornpWo Ita n 3
f4K VOW adOrm In the •RETURN TO"Spew on the rw4om Mdo,FeWre to do this will pnvant thle
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
l��soe•co�'� AREA CODE 203/644-2511
November 14, 1988
M E M O R A N D U M
TO: Marcia A. Banach, Director of Planning
FROM: Michael J. Gantick, Director of Public Works
RE: Metals Testing
IWA/CC
Please be advised that the major drainage comments pertaining to
the subject application were a clarification of the plans and
have been forwarded to the design engineer as part of the site
plan review. The nature of the comments and their associated
implementation/clarification shouldn't change the impact on the
wetlands from what the applicant originally proposed.
cc: John McCahill, Zoning/Wetlands Enforcement Officer
Michele Lipe, Assistant Planner
Project File
PLANNING AND ZONING COMMISSION 1
15 NOVEMBER 1988
PUBLIC HEARING/SPECIAL MEETING
SOUTH WINDSOR TOWN HALL
g,RS PRESENT: Hallowell, . Sor nson, Montana,
MEN Castro, Evans, and Rossi
Conde (sitting for Rossi on
ALTERNATES PRESENT: public Hearing Item 1) ; Hart
ORGANIZATIONAL MEETING
Mr. Hallowell reviewed a letter received from Riting ch andpZC to aartor, er
Cl rk of the Council (Attachment A) , nnvguckland Road/5-Corners. He
Novem
21, 1988 Council Work Session TroegarAdit regarding
Ralph J. Alexander
also discussed a letter from m
(Attachment B) regarding status of pending litigation.
"majority
Mrs. Evans asked for clarification o$ Ietin of Commission"
s, Section 2.
as it related to the By-lam. TI�'
She suggested that ARTICLE BII. Minutes, Section 1. X111.
by
adding "and may be taped" after "records"; thaiARTI�aad that ARTICLE
H arinas, Section 1. was redundant b on entr rindits e the words "and
Section 5 should be modified y the discussions of
visual aids for display and presentation eCo�ssion Secretary and
the hearing. " She also proposedXIV
not the Recording Secretary perform the functions of Aublication
Section 2; 1. e. , read the legal notice and note the p
dates newspapers.
Mr. Hallowell added the suggestion that Sections 2, 3, and 5 of
ARTICLE XI. Applications be deleted, since Town btCof a ssion members
oversees performs the tasks listed. He asked that they could be
review these and any other By-laws mattetinq. He also said as many
discussed at the November 29 regular
members
as possible should attend the November 21 Council Work inq
Session to acquaint themselves with road and traffic reports
presented.
PUBLIC HEARING
1.
Continuance of Appl. #88-76P Metals Testing.
Inc.e new a tte
Resubdivision and Site Plan to ctho no= lot
of Sullivan
S vision industrial road of
Avenue west of West Road and east of Renned Road I Zon
(continued from October 18, 19881.
Mrs
. Rossi disqualified herself from participation in this matter.
Mr. Conde was named to sit in her stead.
Christo her Stone, Fuss and O'Neill, and Bob Delisle of
Engineer P Stone reviewed parking, layout, and
Metals Testing were present. Mr.
explaining that a 4-parking-space waiver was being
in the
drainage, P be
requested. He said a cul-de-sac turn-around nt would be provided
front of the new building, and that an easement
Y
along th
east rl aid of th prop rty to the rear parcel for future
drainage ti -in.
PLANNING AND ZONING COMMISSION 2 15 NOVEMBER 1988
Town Planner Marcia Banach provided th following r port:
1, This is an application- for a. one-lot resubdivision and sit
plan for property located in th - pr viously-approved My tt
Subdivision on the southerly side of "road under
construction" and easterly side of Sullivan Avenue.
It is in
includes
front of the Commission for resubdivision because
land that was not previously approved as a part of the Myette
Resubdivision back in December of 1983. That approval only
included land up to Lot 10 on the west side and Lot 3 on the
east side. This application includes Lot 3 as well as land
that was left as part of Parcel A.
The main objection to this site plan when it was proposed
an
previously was that the newly created part
unapproved parcel. In addition, there was no provision
Public Works
for a temporary cul-de-sac as is requiredby the
Department for maneuvering town vehicles. This resubdivision
application addresses both of these concerns. .
2, The lot appears to conform to Town dimensional requirements.
mett .
It appears that all subdivision regulations have
for
this site. The new lot is approximately 1.75 acres with
approximately 218' of frontage along the cul-de-sac.
3 . The proposed industrial building is 10,550 sq. ft. , of which
2500 sq. ft. is proposed office space. Impervious cov rag
is 48%, building coverage is 12.4%, and building height
bis 20
spaces
feet. Town regulations require that 28 parking
provided; the applicant is only showing 24 spaces, with a
requested waiver of 4 spaces.
4 . There are regulated wetlands on site. The applicant received
IWA/CC approval last night with the following added
conditions:
- Continue the silt fence 150 feet along the west sid of
proposed building to protect the wetlands area.
- Designate a stockpile area.
- Provide bond of $5,000.
5. WPCA approval was previously granted for this subdivision.
The Superintendent of Pollution Control has
as requested
ed that
sewer easement be shown on the plans. P
ll be
required if there is an industrial process waste discharg to
the sewer and/or if average daily flows are greater than
5,000 gpd.
6 . If there will be any emissions into the air, a DEP permit
might be required.
7 . Will a car be able to get out of the parking space located on
the south rly side of the building?
T `. ,
vt•.Jl �
PLANNING AND ZONING COMMISSION 3 15 NOVEMBER 1988
8. Landscaping as propos d appears to be adequat ; howev r, only
thre planting types ar proposed: Canadian hemlock,
juniper, and lind n. A vari ty of plantings would b
desirable, and more detail should be provided regarding siz
at time of planting and total number to be planted. Also,
the dumpster proposed is shown on a concrete pad with a six
foot screen -- however, it is shown outside of the building
lines.
9 . The architecturals depict that the building will be a metal
building with the front of the building consisting of a
number of windows, with Dryvit facade, and metal coping near
the top. One overhead door is indicated on the northw sterly
side of the building.
If approved, the Planning Department would request the following plan
modifications:
a. Place dumpster within the building lines.
b. Provide additional information regarding number and siz
of plantings.
c. Add note on plans that if a second curb cut is allowed
when the road is extended the cuts will have to be modified
so the cuts are not in close proximity to one another.
Before Ms. Banach read the Engineering comments, she noted that the
revised plans before the Commission had only been received on day
earlier, thus the Engineering Department had not had the opportunity
= to review them. She read the comments from the previous revi ws
1 . Detail is needed for materials of construction for d tention
basin.
2. Drainage easements should be lot to lot not in favor of Town
of South Windsor.
3 . Elevations are needed along lot lines, driveway, and
building.
4. Only one driveway entrance should be made for site.
5. Construction schedule should be revised (construction dat s) .
6 . Specification on pavement section (bit. conc. ) is uncl ar.
7. Groundwater conditions-oir site suggest a high groundwat r
table. How will a "dry" basin be maintained?
8. Where do the roof leaders go?
9. Detail is needed on retaining wall.
10. Building dim nsions and off-set from property line to b
shown.
f;• ►"y ,
Jf
PLANNING AND ZONING COMMISSION 4 15 NOVMMER 1988
r
The SEA Engineering comet nts wer s
1. All monuments should b coordinated and app ar in tabular
form on the Plot Plan.
2. The proposed sanitary sewer lateral should contain flow line
elevations at the proposed building and at the existing sewer
manhole in the proposed road.
3 . A temporary stock pile area should be designated on the
plans.
4 . One handicap parking space has been provided. However, two
(2) spaces are required based on Town regulations of one
handicap space per 25 parking spaces provided.
5 . Foundation and roof drains for the proposed building should
be indicated on the plans.
6 . The purpose of the settling and sampling tanks should be
stated on the plans. Also, details of the tanks should be
provided.
7 . The topographic plan denotes an 08-inch PVC from trench
drain" note. However, the location should be clarified on
the plan.
8 . Storm drainage calculations for the proposed catch basins
have been provided. However, detention basin calculations
indicating zero net increases during the 21 10, 25, 50, and
100-year storm frequencies for post development conditions
have not been included.
9 . A riprap apron should be provided at the outlet of the
proposed 15" RCP.
10. A detail of the proposed trench drain should be provided.
11 . The proposed cul-de-sac should be designated as "temporary"
or "permanent. "
No one from the public came forward to speak for or against th
application. An attorney, Edwin Lassman, representing Mr. Myette,
comm nted regarding drainage, saying when the original plan was
approved the storm drainage system was to include a drainage ditch
along the east side of the property as a requirement for full
d v lopment of the land. He asked that the drainage ditch be k pt
intact because it serves as a detention area for the remaining land.
Mr. Stone said the engineers knew of Mr. Myette's concerns in this
regard.
Mr. Hallowell asked Mr. Delisle to address the matter of air
emissions . Mr. D -lisle said the DEP audits air emission regularly
and was not requiring testing at Metals Testing sinc the company was
not boiling ch micals or emitting major fumes.
j ! c)
PLAINNING AND ZONING COMMISSION
5 15 NOVEMBER 1988
Commission members w r asked to p
rovid input. Mr. ,Hart and Mr.
Hallowell ask
ed about the road and the turn-around location -- which
owell noted might .n t be satisfactory. s• Evans cited
sst sinc
• Hall width and right-of-way for Town
conc rn about driveway Montana asked what
future development might have an effect-asr'ir Delisle said it was
would be cleaned out of thesettling out at eighteen month
m tal hydroxide sludge an pumped arkin s aces were gen rally
int rvals. Mr.
Sorenson asked how many parking P
Occupied; Mr. Delisle said seven, with no significant increase
expected.
In answer
to Mr. Castro's question about storage and containment of
toxic chemicals, Mr. Delisle said these were storedhooutsided be on a
b rMed concrete pad that would contain them until Y
n utralizede
said the cul-de-sac seemed less than feasible andappeared
1f
Mr. Conde Road as an p
to compromise the entire site; he cited Kennedy
cul-de-sac problems that might develop.
Mr. Hall
owell asked who would build the road. Mr. Stone said Mr.
My tte would.
Th public hearing of this item then closed.
2• Proposed Amendments to the Zonina Regulations:
DA-15 Regulations: single family, affordable
h_ousin4, cluster zone.
wed highlights- the proposed amended DA-15
Mrs. Evans reuse Q Mrs. Evans,
e lations initiated by the Commission and drafted by
4 units P r
R Evans said the present
Mr. Castro, and Mr. Hart. Mrs•
be ranted in the future if the developer Provided
acr would only Q
affordable housing in return; and that the densitypng and ercentag of
per buildable acre depending P
range from 2 to 4 units p
sin provided.
The criterion for "affordable" would e
affordable housing P
2.5 times the median family income in the Hartford region-
Environmentally tall sensitive land could also be factored into the
granting of the DA-15 special exception.
Th CRCOG report (Attachment C)
and a letter of support from th
• Housing Authority (Attachment D) were read into
th
South Windsor g
r cord. Attorney Michael Lanza read a letter of
reminded those pres nt
Attachment E) into the record. ov Hallo
( affordable, not low-income,
that the proposal was aimed at veairning less than $42,000 per
housing for South Windsor families
: year. ort of
public to comment. Appearing in supP
Mr. Hallowell asked the th application was Richard Nicholson, Chairman of the South Windsor
Housing Task
Force, who read the Task Force's letter to the PZC
(Attachment F) into the record*
further public participation, and Mr. Hallow 11 asked
Ther was no fur P
for Commission input-
"4
7-0 Sou� ?d&&40t
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
R•CO
AREA CODE 203/644-2511
November 16, 1988
Metals Testing, Inc.
P.O. Box 213
570 Sullivan Avenue
South Windsor, CT 06074
RE: Application #88-76P - Metals Testing
Gentlemen:
At the November 14, 1988 meeting, the Inland Wetlands
Agency/Conservation Commission approved with modifications
Application #88-76P - IWA/CC permit for a resubdivision and the
construction of an industrial building located on the northerly side
of Sullivan Avenue, westerly of Troy Road, I zone.
The following modifications must be adhered to for this permit to be
valid:
1 . Black and white transparent mylars of sheets # 2 & 3
with the above modifications and this letter reproduced
thereon together with two blueprint copies of the entire set
of plans, must be submitted to this Commission to be stamped
and signed. This must be completed within 65 days of review
prior to any construction activity on the site.
2 . Construction activities shall be subject to the approval of
the Town Engineer.
3 . The application shall indemnify and hold harmless the Town of
South Windsor against any liability which might result from
the proposed operation or use.
4 . We recommend a bond in the amount of $5000 to be submitted to
Planning and Zoning Commission to ensure compliance with the
Erosion and Sedimentation Control Measures.
5. The permit is valid for one year and shall expire on November
14, 1989 .
6 . All approvals required must be obtained and submitted prior to
any activity on the site.
7 . A contact person shall be identified directly on the plans.
8 . The silt fence proposed should be continued another 150 feet
on the west side of the proposed building to protect remaining
wetland area.
9 . An area should be designated for the stockpile of excavated
materials, and should include erosion and sedimentation
controls .
70hn
truly yours,
M. Moran, Jr. , Chai
Inland Wetlands Agency/
Conservation Commission
JMMJr. /pmm
Enclosure
cc: A.B. Davies, Deputy Town Engineer
Marcia Banach, Director of Planning
John R. Collins, Chief Building Official
Michael Gantick, Director of Public Works
Raymond Hallowell, Chairman, Planning & Zoning
r
3. Appl. #88-76P Metals Testing Resubdivision and Site Plan
north side Sullivan Avenu west of Troy Road (PH 11 15) .
Mrs. Rossi disqualified herself from all participation in this ��
� P P
matter.
Town Planner Marcia Banach reviewed her public hearing report,
noting that the cul-de-sac cuts into the applicant's property
because adjacent land is not his and therefore is not able to be
built on by hint. Ms. Banach also noted that revised drawings just
received had generated some engineering concerns. These concerns
included:
- Groundwater conditions at the site suggest a high
groundwater table; how will a "dry" basin be maintained?
- Detail still needed for materials of construction for
detention basin -- loaming, seeding, etc.
- Elevations needed along lot lines, driveway, building.
Non shown along Yves Perras line.
- Details needed on retaining wall.
- Trench drain as shown (near retaining wall) will be out
of the ground if done as shown.
- The proposed sanitary sewer lateral will need an outside
drop.
- The temporary stockpile seems small.
PLANNING AND ZONING COMMISSION 4 6 DECEMBER 1988
- Storm drainage calculations for the proposed catch basins
have been provided. However, detention basin calculations
indicating zero net increases during all of the storms hav
not been included.
- Proposed riprap apron at the outlet of the proposed 15"
RCP needs size/reverse filter details.
- Proposed cul-de-sac should be designated as "temporary. "
Commission members discussed the application. It was suggested
that the developer, Mr. Myette, should be responsible for the
resubdivision, the road layout, the cul-de-sac, and for an orderly
d velopment pattern, even if a temporary cul-de-sac had to be
built.
Mr. Castro made a motion to deny the resubdivision application for
r asons including those noted above. Mrs. Evans seconded, and th
motion carried 5-0, with Mrs. Woodcock abstaining and Mrs. Rossi
having disqualified herself from participation.
Mr. Castro made a motion to deny the site plan, since the land was
not approved as a r subdivision. Mr. Sor nson second d, and the
motion carried 5-0, with Mrs. Woodcock abstaining and Mrs. Rossi
having disqualified herself.
°�M se
� .
= 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
sU ,�'" AREA CODE 203/644-2511
R CO
TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, Dec. 10, 1988
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
At its Dec. 6, 1988 meeting, the Planning and Zoning Commission voted
to take the following action:
1 -Approve- -4with modifications, -Appl: #88-86P , South Windsor
• ' zone change of.
Congregation of Jehovah's Witnesses for ,
ac. from I to RR on the northerly side .of Burnham
Street, westerly of Long Hill Road.
...... Approve-,rove, with •modifications,..'Appl: •#88-93P;-. :Delco••Air -Site..,
Plan for an industrial building located on the.__northerly
side of Burnham Street, westerly side of Sea Pave Road, I
zone.
•3 ,- .Approve, with modifications, Appl. #88-96P Fasteners : ..
Specialty Site Plan for an addition to an industrial ,.. .
building located on the easterly side of Commerce Way, I
zone
' f 88-'16P Metal -Testing Res'ubdivision and Site T
Deny Appl. # e of the
Plan for an industrial building on the easterly sid• {•AL ,•:,:• ;:+:.
•;.• -_ '�'' ; •,`==� Myette • Iridustal :SU'bdi:vision Road and 'the northerly'�of
ri:
Sullivan Ave. , I zone.
TnT ricisor Coririecticut this 7th •clay"of "Decembei;, • 1988':~`'t`'
•Dated' �at South
ZONING 'COMMISSION
. . PLANNING AND /- ,,��,•1,,„�d't`
Raymond F. Hallowell, Jr. , Chairman
Marshall Montana, Secretary
�SowN sf,<�
o �
C V
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
��osoe•co`�� AREA CODE 203/644-2511
14 December 1988
Fuss & O'Neill, Inc.
146 Hartford Road
Manchester, CT 06040
Attn: Christopher Stone
re: Appl. #88-76P, Metals Testing, Inc.
Resubdivision and Site Plan
Gentlemen:
Please be advised that the Planning and Zoning Commission voted on
December 6, 1988 to deny the above-referenced application for
resubdivision and site plan approval. It appears that the subject
lot was conveyed without benefit of resubdivision approval in
violation of Section 8-25 of the Connecticut General Statutes. The
conveyance effectively denied the Planning and Zoning Commission an
opportunity to ensure that public improvements (notably, roadway
configuration and storm drainage) are designed to function for the
entire subdivision rather than on a piecemeal basis .
The original subdivision approval letter dated December 5, 1983 and
modified July 9, 1984 gave approval for Lcts 1, 2, 3, and 10 as
shown on plans dated 9/4/81, revised 1/4/82. The area of the
approved Lot 3 was 25,310 sq. feet. The area of the Lot 3 which is
the subject of the above-referenced application is 76,365 sq. feet
-- over three times the size of the originally approved lot.
The configuration of the proposed cul-de-sac addresses only the
needs of Lot 3. It should be located at the northerly boundary of
the proposed Lot 3. Stormwater detention should not be
accomplished lot by lot, with serial detention as the end result.
An overall stormwater management plan for the entire subdivision is
needed.
Fuss & O'Neill 2 14 December 1988
Please feel free to contact us should you have any questions
regarding the above.
Very truly yours,
PLANNING AND ZONING COMMISSION
Ra nd F. Hallowell, Jr.
Chairman
cc: M. Gantick, Director of Public Works
F. Shaw, Supt. of Pollution Control
J. Collins, Chief Building Official
E. Belleville, Assessor
W. Lanning, Fire Marshal
M. Banach, Planning Director
Registrar of Voters
Inland Wetlands Agency/Conservation Commission
•--� PZC File
Engineer
Applicant
D
DEC 20 1988
South Windsor
Planning & Zoning Co
mmissiop
IRET : JANUARY 10 , 1989 SUPERIOR COURT
METALS TESTING INC . J .D . OF HARTFORD/NEW BRITAIN
VS . AT HARTFORD
THE PLANNING AND ZONING
COMMISSION OF THE TOWN OF
SOUTH WINDSOR , ET AL DECEMBER 15, 1988
CITATION
BY AUTHORITY OF THE STATE OF CONNECTICUT you are hereby commanded
to summon The Planning and Zoning Commission of the Town of South
Windsor , Marilyn W. Burger , Town Clerk of the Town of South Windsor ,
Raymond F . Hallowell , Jr . , Chairman of The Planning & Zoning
Commission of the Town of South Windsor and Rosilyn Toper , Secretary
of the Planning & Zoning Commission of the Town of South Windsor to
appear before the Superior Court within and for the Judicial District
of Hartford/New Britain at Hartford, 95 Washington Street , Hartford,
Connecticut on the second day following the second Tuesday of January,
1989 . Said appearance is to be made by The Planning and Zoning
Commission of the Town of South Windsor , Marilyn W. Burger , Town Clerk
of the Town of South Windsor , Raymond F . Hallowell , Jr . , Chairman of
The Planning and Zoning Commission of the Town of South Windsor , and
Rosilyn Toper , Secretary of The Planning and Zoning Commission of the
Town of South Windsor , all of 1540 Sullivan Avenue , South Windsor ,
Connecticut , or their attorneys , by filing a written statement of
c `
LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET • MANCNESTER, CT 06040 • 12031 646.5606 9 JU1118 NO.02702
appearance with the clerk of said court on or before the second day
following said return date , then and there to answer until the
foregoing appeal by leaving the said Planning and Zoning Commission of
the Town of South Windsor , Marilyn w. Burger , individually and as Town
Clerk of the Town of South Windsor , Raymond F . Hallowell , Jr .
individually and as Chairman of The Planning and Zoning Commission of
the Town of South Windsor and Rosilyn Toper , individually and as
Secretary of The Planning and Zoning Commission of the Town of South
Windsor a true and attested copy of said appeal and of this summons at
least twelve days before said date and in the manner provided by law
for the service of process .
HEREOF FAIL NOT, but of this writ with your doings thereon, due
service and return make according to law.
Dated at Manchester , Connecticut this day of December, 1988 .
t .
:y
JOAN P AV L
for Beck Eldergill
� TRUEE-ECO
ATTEST-
;r PUT1� .RIFF
ORD y�
UNTY
e d,
LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET MANCNEfTER.CT 06040 9 (2031 646.5606 • JURI• N .02702
RECOGNIZANCE WITH SURETY
METALS TESTING INC . of the Town of South Windsor County
of Hartford and State of Connecticut , as principal , and Valerie
Passaro of the Town of Manchester , County of Hartford and State of
Connecticut as surety, acknowledge yourself, as jointly and severely
bound unto The Planning and Zoning Commission of the Town of South
Windsor , Marilyn W. Burger, individually and as Town Clerk of the Town
of South Windsor , Raymond F . Hallowell , Jr . , individually and as
Chairman of the Planning and Zoning Commission of the Town of South
Windsor and Rosilyn Toper, individual and as Secretary of The Planning
and Zoning Commission of the Town of South Windsor in a recognizance
of FIVE HUNDRED ($500 . 00) DOLLARS that the principal shall prosecute
to effect the appeal which it, has taken against The Planning and
Zoning Commission of the Town of South Windsor , Marilyn W. Burger ,
individually and as Town Clerk of the Town of South Windsor , Raymond
F . Hallowell , Jr. , individually and as Chairman of the Planning and
Zoning Commission of the Town of South Windsor and Rosilyn Toper,
individually and as Secretary of The Planning and Zoning Commission of
the Town of South Windsor brought to the Superior Court in and for the
Judicial District of Hartford/New Britain at Hartford on
the second Tuesday of January, 1989 and that said principal shall
comply with the orders and decrees of said court , and that said
LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET • MANCHESTER. CT 06040 • (203) 646-5606 9 JURIS N .02702
principal shall pay any costs for which judgment may be rendered
against it .
METALS TESTING INC .
ROBERT DELISLE
Its PRESIDENT
SURETY
VALERIE PASSARO
Personally appeared Robert Delisle signer of the foregoing
instrument and acknowledged the same to be his free act and deed and
the free act and deed of the above-named corporation before me .
NOTARY PUBLICDIANE S.HARRINGTON
NOTARY PUBUC
Personally appeared Valerie Passaro sJgAMMWONM@JRESWRCY(3LAQP9
instrument and acknowledged the same to be her free act and deed
before me .
NOTARY PUBLIC
DIANE S.HARRINGTON
NOTARY PUBLIC
MY COMMISSION EXPIRES MARCH 31.1989
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LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET • MANCHESTER. CT 06040 9 f203) 446.5606 • JURIS NO.02702
RET : JANUARY 10 , 1989 SUPERIOR COURT
METALS TESTING INC . J .D OF HARTFORD/NEW 'BRITAIN
VS . AT HARTFORD
THE PLANNING AND ZONING
COMMISSION OF THE TOWN OF
SOUTH WINDSOR , ET AL DECEMBER 15 , 1988
APPEAL
TO THE SUPERIOR COURT in and for the Judicial District of
Hartford/New Britain at Hartford on the second Tuesday of January,
1989 , comes METALS TESTING INC . of the Town of South Windsor , County
of Hartford and State of Connecticut appealing from a decision of The
Planning and Zoning Commission of the Town of South Windsor for
resubdivision and site plan approval in which Appellant complains and
says :
1 . Prior to the date of this appeal , the Plaintiff , Metals
Testing, Inc . , has been a taxpayer of the Town of South Windsor and
owns property in said Town, which property is the subject of this
appeal .
2 . The property which is the subject of the application for
resubdivision and site plan approval is located on the north side of
Sullivan Avenue in the Town of South Windsor .
3 . On or about September 6 , 1988, the Plaintiff, Metals
Testing Inc . (hereinafter referred to as "Applicant" ) , applied to the
LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET • MANCMESTER.CT 06040 • 1203) 646.5606 • .IURIS NO. 02702
Defendant , The Planning and Zoning Commission of the Town of South
Windsor (hereinafter referred as "Commission" ) for approval to
resubdivide subject property containing approximately 1 .9 acres into a
single building lot for use as an industrial building site . Applicant
also submitted an application for site plan approval to construct a
building for use in connection with the Applicant' s business .
4 . On or about December 6 , 1988 , the Applicant ' s resubdivision
and site plan application was denied by the Commission.
5. The Town Clerk of the Town of South Windsor is made defendant
in this case.
6. The Chairman and/or Secretary of The Planning and Zoning
Commission of the Town of South Windsor is made a defendant in this
action .
7 . On or about December 10 1988 , the Commission caused to be
published in a newspaper of general circulation in the Town of South
Windsor a notice of its decision denying said applications .
8. The plaintiff is aggrieved by the Commission' s decision in
that it is the owner of the property which is the subject of this
appeal .
9 . The action of the Commission in denying said resubdivision and
site plan approvals was illegal , arbitrary and an abuse of the
discretion vested in it for the following reasons :
LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET • MANCHESTER. CT 06040 • 12031 046.5606 9 JURIs N .02702
a . The Commission stated as one of its reasons for denying said
application the fact that the Plaintiff was not the appropriate party
to bring the application before the Commission because it stated that
only the original subdivider of a piece of property may apply to
resubdivide the property, even if lots in the subdivision had been
subsequently conveyed.
b. The Commission stated on the record that it was only willing
to approve the Applicant' s application on the condition that it either
install and/or induce the prior owner to install a road beyond the
boundaries of the subject property to provide access to undeveloped
land beyond the subject property which was not the subject of this
application.
C . The Commission was without authority to deny a resubdivision
application that met all of the requirements of the Town of South
Windsor subdivision and zoning regulations .
PLAINTIFF
By
JOA N PAUL
for Be k & Eldergill
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LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET MANCMEiTER. CT 06040 • 12031 646•5606 JURIS NO.02702
t
DEMAND FOR RELIEF
WHEREFORE , the Plaintiff demands :
1 . An order reversing the decision of The Planning and Zoning
Commission.
2 . Such other and further relief as this court deems proper and
just .
PLAIN IFF
By
JOA N AUL
for e k & Eldergill
TRUE POPYI-
AMST-
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• 1.)COUNTY ,
LAW OFFICES
BECK AND ELDERGILL
447 CENTER STREET MANCHESTER, CT 06040 • 12031 646.5606 JuRIS NO.02702