HomeMy WebLinkAboutZONING AMENDMENT (5) APPLICATION TO TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALL BE RECEIVED
APPLICATION NO. BY THE PLANNING AND ZONING COMMIS-
SION AT THE REGULARLY SCHEDULED
RECEIVED DATE MEETING ON THE FOURTH TUESDAY OF
PREL. APPROVAL DATE THE MONTH AT TOWN HALL.
FINAL APPROVAL DATE
REJECTED DATE
RECEIPT NO. b
APPLICANTS— Rt. 5 Motor Cars, Cli ffnrd Mntnrg pTn_C. & nay St- Gara e,—Inc -
ADDRESS N C/o Harold R. Cummings , Esq. , 1665 P.1 1 i cst-nn Rr]_ _Sn»th Ni nri Qnr PC'T
OWNER Not Applicable
ADDRESS Not Applicable
LOCATION OF PROPERTY Not Applicable
ZONE General Commercia
CHECK ONE OF THE FOLLOWING:
1. Zone Change (Public Hearing)
2. Filing for Subdivision (See "Subdivision Check List")
3. Filing for Re-Subdivision (Public Hearing)
4. Special Exception
Article 4.1.8 (Public Hearing)
Article 4.2.3 (Public Hearing)
Article 4.7.2.7 (Public Hearing)
Article 4.10.2.4 (Public Hearing)
5. Parking—Article 8.5.16 (Public Hearing)
6. Site Development Plan—Article 4.11
7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (Public Hearing)
_X_ 8. Other Request amendment to Sec. 3 .13.1
STATE CLEARLY AND BRIEFLY THE REASONS FOR APPLICATION
Applicants are Owners of garages and/or motor fuel stations as defined
under Sec. 3.13 .1 of the South Windsor Zoning Regulations. Applicants
request consideration of the Planning & Zoning Commission to amend that section
in accordance with a proposed endment attached hereto as Schedule A.
"R'
Route 5 Motor Cars By:�t rold R. Cummings
CliffordMotors, Inc, Kuehn, Cavanaugh & Cummings, P.C.
Day Street Garage, Inc, Their Attorneys
1. Application and supplements must be filed in triplicate.
2. Application must be typewritten or printed in ink.
3. The applicant or his representative must be present at the Commission Meeting.
4. Application Fee of $25.00 required for filing Items 1, 2, 3, 4, 5, and 7 to defray expenses.
Applications, other than for subdivisions, shall be accompanied with three copies of a map, minimum size 8'/'2 x
11 inches, drawn to scale showing the land, buildings present and proposed, plot depths and measurements, street
and building lines, also a measured distance to nearest street corner, names of abutting property owners, and a
sufficient portion of surrounding area to make such a map readily intelligible, and the subject property either
shaded or cross-hatched.
If approved, the Zoning Commission reserves the right to request and the applicant hereby consents to furnish,
within sixty days following approval, three maps prepared by a qualified civil engineer or surveyor showing the
items above.
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SIGNED
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OWNER
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SCHEDULE A
The last paragraph of section 3 .13. 1 of the South Windsor
Zoning Regulations presently reads as follows :
"No premises on which such garage or filling station is
located shall be used for residential purposes except
by a caretaker or watchman who resides thereon; and no
CN motor vehicle unregistered or registered to the dealer
may be stored or parked nearer to the street than the
M building line, and all mechanical and repair operations
Z shall be carried on within a building. "
H • Applicants propose that said paragraph be amended to read as
follows:
2
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"R "No premises on which such a garage or filling station is
0z0 located shall be used for residential purposes except
_ • by a caretaker or watchman who resides thereon; and all
;o mechanical and repair operations shall be carried on
Qo within a building. No motor vehicle unregistered or
a'U registered to the dealer may be stored or parked nearer
to the street than the building line unless said garage
or filling station is located on a divided state highway
5(r consisting of four or more lanes of traffic in the area
of the subject property and further provided that parking
Ww or storage of such vehicles nearer to the street than the
building line may only be allowed as a special exception
ow by the Planning and Zoning Commission when specifically
Z> approved by the Planning and Zoning Commission after a
Q public hearing with due consideration to the preservation
0 of the character of the neighborhood, proposed site planning
z Z and landscaping and traffic safety and that the site plan
2 as proposed otherwise meets the requirements of section 8
Cr
of the regulations with regards to off-street parking and
CO loading. "
2� ZONING BOARD OF APPEALS
Q April 2, 1981
c MEMBERS PRESENT: Richard Eriksson, Thomas Murrin, Barbara Murray,
Edward Steben, Robert Warren
ALTERNATES PRESENT; None
Application #14.21-81, Route 5 Motor Cars, Inc. .
Attorney Cummings appeared before the Board. He referred to the
parking requirements for garages which have a limitation that
there be no parking in front of the building line. He noted that
this Far—a-ge was built prior Lo the widening of Route #5 which
took additional land resulting in the building line going through
the existing* building. He said a temporary and conditional permit
was granted in 1978 to allow parking of 15 cars forward of the
building line with the understanding that the total number of
parking spaces on the lot would not exceed the 25 allowed with
the site plan approval. There have been problems with vandalism
because of the unlighted area in the rear which was why the
temporary and conditional permit was granted. Since none of these
conditions have changed, they are now requesting a variance to
allow 15 cars to be parked in front of the building line. He
stated that an amended site plan would be filed.
Attorney Cummings said that at times there have been more than
25 cars on the property due to the nature of the business of buying
wholesale and selling retail. He said a parcel of land on Route
#5 and Edwin Road has been purchased by Mr. Treglia: to store any
excess vehicles over the allowed 25. Attorney Cummings pointed
out to the Board that this condition was not something the
applicant brought upon himself. He submitted photographs of
other businesses on Route 5 that have parking next to the
pavement of the roadway. He said that although these businesses
were complying with the requirements of Section 8 in the Zoning
Regulations, the parking of the 15 vehicles in front of the
building line would not affect the character of the neighborhood.
It was noted for the record that no one in the audience spoke in
favor of or in opposition to this application.
Mr. Murrin pointed out that the other businesses seldom had cars
parked overnight. Attorney Cummings said he did not feel over-
night parking was relevant. He said the Police cannot check
vandalism if the cars are parked in the rear. Mr. Murrin asked
why lights and fences had not been installed on this property.
Attorney Cummings said the landlord has not been willing. to
spend the money. Mr. Warren expressed concern that Attorney
Cummings was representing a tenant rather -t1han the owner and
that a variance follows the deed of the property. Mr. Steben
asked if gas were sold on the premises. Attorney Cummings replied
that there was a gas license, but no gas is pumped.
30
Application #1422-81, Charles & Sylvester Chaponis
Mr. Chaponis pointed out that this two-year temporary and conditional
permit for signs was only for two months out of each year. He
said in the past they had appeared yearly for this permit and now
they are requesting the permit for two years. The locations are
exactly the same as in the past.
No one in the audience spoke in favor of or in opposition to this
application.
Application #1423-81, Elizabeth Tycz
Attorney WI -1 = Gra.ca appeared before tt�e Board. He said this
property was purchased in 1955. The land is presently in one
parcel although Mr. and Mrs. Tycz believed their house lot was
cut out when the property was purchased. He pointed out a hedge
row which the Tyczs believed was their lot line. Attorney Grace
said Mr. and Mrs. Tycz would like to give a lot to their daughter.
Last month he requested the Board create two non-conforming lots
which would allow a 50-foot right-of-way to the rear land, and
it was denied. Tonight he is requesting that a frontage variance
be granted on lot #l, which contains the dwelling. He noted
that there is sufficient square footage on this lot to conform
to the zone . He said the new lot would be conforming. The
subdivision plan presented by Mr. Grace showed a 50-foot access
to the rear land. Mr. Grace said there is no intention at this
time to use the rear land, but they do not wish to deny access
to it. He said if they ever wished to use the back land, they
would have to return to the Zoning Board of Appeals. He noted
that a new subdivision in the area has 100-foot frontage with
20, 000 square foot lots, which are substantially smaller than
these lots, and the lots along Miller Road are also 20,000
square feet. He said the abutting neighbor has no objection to
the new house being built or the variance .
No one in the audience spoke in favor of or in opposition to this
application.
Application #1424-81, Deborah J. Cormier
Mrs. Cormier appeared before the Board. She said they have a
flat-roofed garage set back from the house that has been there
ever since they bought the property. It is a one-car garage
and they would like to build a 24' x 24' two-car garage and
bring it up even with the front of the house . One section of
the garage would go 11 feet over the 40-feet required set-back
line .
Mr. Warren, asked if they intended to take -the old garage down.
Mrs. Cormier said they would use it for a storage area. She
also stated in response to questioning that the roof line on the
new garage would be the same as the house, and that most of the
other houses in the neighborhood have garages. Mrs. Cormier
,�+ -1►.
said they would be doing most of the work themselves. She also
noted they would be connecting to the sewers from Meryl Road.
It was noted for the record that no one in the audience spoke
in favor of or in opposition to this appeal.
WORK SESSION
Application #1421-81, Route 5 Motor Cars
Mr. Eriksson noted that no attempts had been made to increase
security in the rear. Mr. Steben pointed out that it had been
a neat, clean operation since the new tenant had taken over. He
noted that the number of cars parked on the site would decrease
with the new storage area on Edwin Road. Mr. Murrin questioned
giving a variance to someone other than the owner. Mr. Eriksson
said he felt the tenant had sufficient interest in the property.
Mr. Warren expressed concern over the number of cars parked on
the property, but agreed that this was an enforcement problem.
Mr. Steben moved approval of application #1421-81, Route 5 Motor
Cars, for a variance of Article 3, Section 3.13.1 of the Zoning
Regulations to allow parking of 15 vehicles forward of the
building line on premises known as 713 John Fitch Boulevard,
Zone GC, subject to a new site plan of development -being filed
with the Planning and Zoning Commission and the total number of
cars on the lot not exceeding 25.
The motion was seconded by Mrs. Murray and voted unanimously in
favor.
EFFECTIVE DATE: April 15, 1981
Application #1422-81, Charles & Sylvester Chaponis
Mr. Warren moved approval of Application el422-81 for a two-year
temporary and conditional permit to allow 5 directional signs
from June 1, 1981 through July 15, 1982 on various premises,
Zone RR, with all previous conditions for this permit remaining
in full force and effect.
The motion was seconded by Mr. Murrin and voted unanimously in
favor.
EFFECTIVE DATE: April 15, 1981
Application #1423-81, Elizabeth Tycz
Mr. Murrin said he objected to the Board giving a right-of-way
to the land in the rear without any street frontage . He said he
saw no reason to cut out the back land if they weren't going to
do anything with it. He said they could cut out a lot for their
daughter and leave the remaining land in one parcel. Mr. Eriksson
pointed out that they are only asking for a variance on one lot
32
that would have 40, 000 square feet of area, but only 139 feet of
frontage. He also noted that if the daughter's-lot were cut aut
and a variance was not asked for on the existing house lot, the
applicant would be creating her own hardship. After further
discussion, Mr. Eriksson noted that the ZBA is not establishing
the 50-foot right-of-way or drawing any of the lines on the
subdivision map. He said this would have to be done by the
Planning and Zoning Commission.
Mr. Warren moved approval of application #1423-81 for a
variance to Article 5.2, Section 5 to allow ' a variance of
36-feet of minimum lot width on one lot on premises which include
the dwelling known as 558 Nevers Road, Zone RR. He noted that the
Board' s decision does not refer to further boundary lines del-
ineated or, a subdiTris-ion plan which is proposed for this property
and may be requested of the Planning and Zoning Commission. Any
establishment of the additional lot lines or plot lines shown on
the subdivision plan submitted with this application is subject
to subdivision approval by the Planning and Zoning Commission.
The motion was seconded by Mr. Murrin and voted unanimously in
favo r.
EFFECTIVE DATE: April 15, 1981
The Board decided that a letter should be writter to Planning
and Zoning stating that this approval only allows a frontage
variance on one lot and does not include any other lines on the
subdivision plan which presumably will be presented to PZC in
the near future . !
Application #1424-81, Deborah J. Cor-mier
Mr. Steben moved approval of application #1424-81 granting a
variance to Article 5, Section 5.2 to allow a two-car garage
11 feet beyond the building set-back line on premises known as
33 High Tower Drive, Zone A-20. He noted that other dwellings
in the area have garages and the building is on an angle on a
corner lot, thus creating a hardship.
The motion was seconded by Mrs . Murray and voted unanimously in
favor.
EFFECTIVE DATE: April 15, 1981
Richard H. Eriksson, Chairman
RJJJ
For: NOTIFICATION OF REFERRALS BY ZONING CO"r"-fISSIONS OF TIE CAPITOL REGION
From: ( ) Zoning Commission
( Planning and Zoning Commission of South Windsor
( ) City or Town Council (municipality)
(acting as zoning commission)
To: Capitol Region Council of Governments
Planning Division
� ���-��, Hartford, CT 06106 May 6, 1981
` (date) .
Pursuant to the provisions of Section 8-3b of the General Statutes of Connecticut,
as amended, the following proposed zoning change is referred to the Capitol. Region
Council of Governments for report:
NATURE OF PROPOSED CHANGE
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( ) Adoption or amendment of Zoning (X) Adoption or amendment of Zo,,jIXC
MAP for. any area) within 500 feet of REGULATIONS applying to any zone
another Capitol. Region municipality, within 500 feet of another Capitr:�
Attach map showing proposed cha.ne. Region ni::niciPality. Attach copy
of proposed change in regulations.
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PUBLIC KE R- Il-G ON SAID CHANGE IS SCHEDULED FOR: June 16, 1981
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CAPITOL REGION COUNCIL OF GOVERNMENTS
214 MAIN STREET— HARTFORD, CONN. 06106
o Tel. 203 522-2217
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gMMENTS DANA S. HANSON
EXECUTIVE DIRECTOR
TOWN PLANNING AND ZONING COMMISSION DATE: May 20, 1981
TOWN OF South Windsor REPORT ON ZONING
REFERRAL NO. 81/109Z
COMMISSIONERS:
Receipt is acknowledged of the above-numbered referral . Notice of this
proposal was transmitted to the Planning Division of the Capitol Region
Council of Governments under the provisions of Section 8-3(b) of the
Connecticut General Statutes, as amended.
The referral involves an amendment to garage and filling station regulations
regarding the storage of motor vehicles.
COMMENTS:
The staff of the Regional Planning Commission of the Capitol Region Council
of Governments has reviewed this referral and finds no apparent conflict
with regional plans and policies or the concerns of neighboring towns.
Questions concerning this referral should be directed to Malva Slachowitz.
In accordance with our procedures for reporting on routine referrals, no
further action will be taken unless specifically requested by local officials
or Regional Planning Commission representatives before June 11, 1981. The
public hearing date is scheduled for d ^ '6, 'o.
DISTRIBUTION: Respectfully submitted,
TPZC: South Windsor Edmund Donnelly, Chairman
PLANNER: South Windsor Laurie Russell , Vice Chairman
Regional Planning Commission
Malva A. Slachowitz -
Clearinghouse Representative
A VOLUNTARY COUNCIL OF GOVERNMENTS FORMED TO INITIATE AND IMPLEMENT
REGIONAL PROGRAMS OF BENEFIT TO THE TOWNS AND THE REGION.
LAW OFFICES
KUEHN, CAVANAUGH AND CUMMINGS, P.C.
968 FARMINGTON AVENUE
WEST HARTFORD,CONN. 06107 1
(203) 236-2973
V*. 10y SOUTH WINDSOR OFFICE.
EDWARD R. KUEHN Mp,R 3 1665 ELLINGTON RD.
DANIEL P.CAVANAUGH �Wiiu'
�� SOUTH WINDSOR,CONN.06074
HAROLD R.CUMMINGS �aa -
FRAZIER G.SCOTT ,,\ (203) 644-9441
HARRY D.WELLER
LORRAINE PAULHUS
PLEASE REPLY TO: WH
March 27, 1981
Peter Demalle
Town Planner
Town Hall
Town of South Windsor
Sullivan Avenue
South Windsor, CT 06074
Re: Zoning Regulation Amendment Application
Dear Peter:
As I discussed with you last week, enclosed please find an
application on behalf of Route 5 Motor Cars, Inc. , Day Street
Garage, Inc. , and Clifford Motors, Inc, with respect to Section
3.13.1 of the Zoning Regulations. Enclosed also please find
the application fee in the amount of $25. I would appreciate
your reviewing the enclosed application and give me a call when
you have a chance.
#arold
rly yours,
R. Cummings
HRC:ps
Enclosure
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1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074
sOR-CO' AREA CODE 203/644-2511
May 28, 1981
Harold R.Curmings, Esq.
1665 Ellington Road
South Windsor, Ct. 06074
Dear Mr. Cummings:
Re: Route 5 Motor Cars, Clifford Motors, Inc. & Day Street Garage
App. #814 - Amendment to Sec. 3.13.1
Please be advised that the public hearing in the above matter has been
scheduled for June 9th, at 8:00 P.' M. in the Council Chambers of the
South Windsor Town Hall.
Yours very truly,
PLANNING AND ZONING COMMISSION
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Marshall Montana, Chairperson
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
s OR-c0 AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, MAY 28, 1981
THURSDAY, JUNE 4, 1981
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, June 9, 1981, at 8:00 P. M. in the Council
Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor,
to consider the following:
1. Application of Richard Vesce fo r a special exception to Article 4.1.8 a
to permit a two family dwelling at premises known as 1107 Ellington
Road, A-20 zone.
2. Rte. 5 Motor Cars, Clifford Motors, Inc. and Day Street Garage, Inc. ,
application to amend Sec. 3.13.1 of the Zoning Regulations to read as follows:
"No premises on which such a garage or filling station is located shall be
used for residential purposes except by a caretaker or watchman who resides
thereon; and all mechanical and repair operations shall be carried on
within a building. No motor vehicle unregistered•or registered to the
dealer may be stored or parked nearer to the street than the building
line unless said garage or filling station is located on a divided
state highway consisting of four or more lanes of traffic in the area of
the subject property and further provided that parking or storage of such
vehicles nearer to the street than the building line may only be allowed
as a special exception by the Planning and Zoning Commission when specifically
approved by the Planning and Zoning Commission after a public"hearing with
due consideration to the preservation of the character of the neighborhood,
proposed site planning and landscaping and traffic safety and that the site
plan as proposed otherwise meets the requirements of Section 8 of the regu-
lations with regards to off-street parking and loading."
3. Application of Jean Marc Jacques for a General Plan of Development and zone
change from RR to MF A for approximately 25 acres located north of Chapel
Road and west of Ellington Road, RR zone.
Copies of these applications and maps more clearly defining the properties are
on file in the Office of the Town Clerk 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
Marshall Montana, Chairperson
Raymond F. Hallowell, Jr., Secretary
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OR-CO AREA CODE 203/644-2511
July 8, 1981
Harold R. Cummings, Esq.
1665 Ellington Road
South Windsor, Ct. 06074
Dear Hal:
Re: App. #814 - Rte. 5 Motor Cars, Clifford Motors, Inc. and
Day Street Garage, Inc.
Please be advised that the Planning and Zoning Commission voted
unanimously to deny the above application requesting an amendment to
Section 3.13.1 of the Zoning Regulations.
Yours very truly,
PINNING AND ZONING COMMISSION
vg By: '
Marshall Montana, Chairperson 1
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1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
��osoe•c�~T AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, JULY 11, 1981
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
At the July 7, 1981 meeting the Planning and Zoning Commission voted to
take the following action:
1. Approve, with modifications, the resubdivision of Lots #31 and #32, and
the addition of 40' to the rear of lots 33 through 38, to property located
on the south side of Governors Highway, IP zone, for A. I. Savin and
Hartford Jewish Federation.
2. Approve, with modifications, the open space subdivision consisting of
14 lots located on the south side of Griffin Road, east side of Rye
Street and south side of Windsorville Road, in an RR zone, for Richard C.
Carabillo.
3. Approve, with modifications, the site plan of development of Carter Rice
Storrs & Bement, Inc., for property located on the east side of Route 5
and south of Governor's Highway on the proposed Savin Road, IP Zone.
4. Approved the application of Louis Treglia for an amendment to the Zoning
Regulations to add (k) as follows to Section 4.7.2.8:
(k) Storage of operable passenger motor vehicles (operable being defined
as qualifying for State of Connecticut motor vehicle registration),
provided, however, that no sales or servicing of such vehicles is
conducted on the premises.
Dated at South Windsor, Connecticut this 8th day of July, 1981.
PLANNING AND ZONING COMMISSION
Marshall Montana, Chairperson
Raymond F. Hallowell, Jr., Secretary
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4 e �0 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
l��soR-co AREA CODE 203/644-2511
October 8, 1982
Letter Sent to: Corvette City
Day St. Garage
S & R Sanitation - copy to James Throwe
A recent inspection of your site revealed you have either
neglected to file a proper site plan, or you have not con-
formed to the site plan on file and approved by the Planning
and Zoning Commission.
If compliance with the Town of South Windsor Zoning Regulations
is not completed within sixty (60) days from the date of this
letter, the Town Attorney will bring legal action against -the
violators.
Very truly yours,
Thomas P. D'Auria
Zoning Enforcement Officer
TPD/gdc
NO. CV-83-0029628S SUPERIOR COURT
I
TOWN OF SOUTH WINDSOR,_ __--- JUDICIAL DISTRICT OF TOLLAND
VS. `s AT ROCKVILLE
ROUTE 5 MOTOR CARS, ET AL APRIL 25, 1983
w_
ORDER
The foregoing written stipulation having been presented to this Court
—� to confirm the oral representations made on April 18, 19839 it is hereby
ORDERED that the defendant Route 5 Motor Cars, Inc., shall comply with the
Zoning Regulations of the Town of South Windsor and cease use of their premises
which violates the approved site plan. Further it is ORDERED that the
plaintiff . Town of South Windsor will consider any proper application from the
defendant for a modified site plan approval so long as the defendant Route 5
Motor Cars, Inc. , is in compliance of this Court Order.
Dated at Rockville, Connecticut, this I ( day o�M , 1983.
Judge/ Clark—
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