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HomeMy WebLinkAboutSITE PLAN (141) TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZO N COMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY APPLICATION # THE PLANNING AND ZONING COMMISSION AT RECEIVED DATE: — THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE: 09 BE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE Two (2) WEEK S PRIOR TO THE FOURTH TUESDAY. APPLICANT: Allidd Plywood Corp. ADDRESS: 2882 Mkin Street Hartford, Ct. 06101 'TELEPHONE # 522-0214 OWNER OF RECORD ON S.W. LAND RECORDS Savin Bros. Inc. ADDRESS : 301 Hartford Ave. Newington, Ct. COMPLETE DESCRIPTION OF LOCATION OF PROPERTY See Attached Plan Z ONE-!I r NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE qD INQUIRIES SHOULD BE DIRECTED: Mr. John Pynchon — � � -+c.-�: v1 "Ja c• (I ( �j - TELEPHONE # 5 2 2-0 214 THIS APPLICATION IS FOR: (CHECK ONE OF THE F0� (-q 1. Zone Change to Zone (public hearing) 2. Filing for Subdivision 3. Filing for Open Space Subdivision (public hearing) 4. Filing for Resubdivision (public hearing) 5. Special Exception to Article of the Zoning Regulations (public hearing) X 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 AND THE OWNER OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE PLANNING AND ZONINWAFpf S ION OWNER (over) PROCEDURES TO BE FOLLOWED WHEN SUBMITTING THE APPLICATION: 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application fee of $25. is required for filing items #1, #5 and V. 4. A subdivision processing fee of $25. per lot ($50. minimum) is required for filing items #2, #3 and #4. 5. A $20. deposit must be submitted with any item requiring a public hearing. This deposit is for a sign to be placed on the property by the applicant advertising the public hearing. The check will be returned to you when the sign is returned to the Town. 6. Application for Zone Change (item #1) shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and #4) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a site plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES, THIS APPLICATION WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSION, OR A PU.3LIC HEARING DATE WILL BE SET WITHIN 65-DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY APPLICATION # Z�:D THE PLANNING AND ZONING COMMISSION AT RECEIVED DATE: THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE: BE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUE S ilAY. APPLICANT: ADDRESS Allied Plwood Corp. Hari ford, Ct. 06101 TELEPHONE # 522-0214 OWNER OF RECORD ON S.W. LAND RECORDS Savins Brothers Inc. ADDRESS : 301 Hartford Ave, Newington, Ct. 06111 COMPLETE DESCRIPTION OF LOCATION OF PROPERTY Lot 69, East side of i%untisut Ave ZONE IP NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: Atty: Edwin A. Lassman 111Pear1 Street Hartford- Cr 06101 TELEPHONE # 27 971FR.0 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) D 1. Zone Change to Zone (public hearing) 17 2. Filing for Subdivision APR 1994 3. Filing for Open Space Subdivision (public hearijQn,—SoUth W;lds.,, 8 & Zoning Commission 4. Filing for Resubdivision (public hearing) 5. Special Exception to Article of the Zoning 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 AND THE OWNER OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE PLANNING AND ZONING COMMISSION ) e V-\ PLICANT _ J OWNER j V (over) PROCEDURES TO BE FOLIOWED WHEN SUBMITTING THE APPLICATION: 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application fee of $25. is required for filing items #1, #5 and V. 4. A subdivision processing fee of $25. per lot ($50. minimum) is required for filing items #2, #3 and #4. 5. A $20. deposit must be submitted with any item requiring a public hearing. This deposit is for a sign to be placed on the property by the applicant advertising the public hearing. The check will be returned to you when the sign is returned to the Town. 6. Application for Zone Change (item #1) shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and A) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a site plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES, THIS APPLICATION WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSION, OR A PU3LIC HEARING DATE WILL BE SET WITHIN 65-DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. _2 1 . The site is not in accord with the comprehensive plan for development of the Parkcentrc� are.-3 , as discussed and approved when first designed . and l hus is contrary to Section 8-2 Conn . General Statutes . The Inquirer , on Thursday, Feb . 1 , 1968 , carried a front page story about the 422 acre development plan for Parkcentre . Savin Brothers , the developers , in order to gain public support for their proposal and achieve a zoning change which would allow them the maximum use and profit return on their property , proposed a 'park like project" which would create a "harmonious total community" , require "less density" and more grass and tree cover, while utilizing a unique building "cluster" arrangement , providing space for "light industries according to their needs" . Building plans would need to be approved for "aesthetics" , and the entire development was to be built so as to "consider and enhance its neighboring unit to form a harmonious total community" . The plans filed with the zoning change proposal clearly show that the nearest industrial "cluster" to the Barbara Road residents would be a circle of small buildings quite a distance from the nearest home . Today this Commission is presented with a proposal to develop a parcel which literally abuts the berm the developers installed many years ago in order to protect the Barbara Road residents from the I f unsightly industrial buildings and their accompanying noise and dust problems . Indeed, the first parcel to be developed turns out to be ' a plywood warehouse , a structure designed to tower over the abutting t berm by some � feet ; a structure - which requires a substantial railroad line extension , loading docks and inland wetland intrusion . -3 We submit that the comprehensive plan for development of this site , so near to the peaceful backyards of a fine residential community , is totally contrary to the siting of a noisy, dangerous plywood warehousing operation directly adjacent to the berm which was meant to protect the Barbara Road residents from things far less obnoxious and intrusive than the use proposed here tonight . The Residents of Barbara Road are fully cognizant of the fact that our backyards abut an industrial zone , but we are also fully aware of the plan and the promises made years ago for its development . There are uses which we can aceomodate , and there are industrial uses which we cannot aceomodate this close to our homes and our children' s play areas . This proposed use is simply wrong for this site , but we are not here to oppose its relocation to a more suitable site within the industrial park and, in fact , encourage the applicant to seek a site more suitable to everyone ' s needs . NOW 2 . The facility will not lessen , but increas traffic congestion in the streets surrounding the neighborhood and the industrial park. Sec . 8-2 CGS speaks of lessening congestion in the streets . In its place , the facility will greatly increase congestion as large trailer trucks compete with railroad cars to enter and leave the site on a daily basis . The area is already frequented by large numbers of trucks and conmiercial vehicles , and this facility will simply add to that number. In addition, the present site is so far from the access roads in place that roads designed to lead up to and away from the warehouse will, of necessity, become congested themselves . Again, it seems only reasonable that a facility dependent on truck traffic should -4 be more suitably located with direct access to a major highway , rather than be tucked away at the far end of an undeveloped industrial park , directly up against the backyards residential neighborhood . 3 . The plan is contrary to the public health , safety welfare and convenience , in that traffic hazards , . trains and their attractive nuisance to our children, and the fumes and dust of plywood and related activities are injurious to the public welfare in the residential community . A long extension of the railroad line is required , and the tracks and the trains they carry will not only be noisy , but pose a particularly attractive nuisance and threat to the children of the Barbara Road area, many of whom are small and unfamiliar with such hazards . A more sensible siting of the facility adjacent to existing tracks would eliminate the sound and hazard problems to a large degree . The Zoning Regulations of the Town specifically prohibit , in sec . 4. 8. 4. 1. that (c) No Noise which is objectionable due to volume intermittance , beat frequence or shrillness shall be transmitted outside the property where it originates . Sec. 22a-67 C.G. S . declares the policy of the state of Connecticut in respect to noise pollution ; The legi_sInture finds . . , that ( 1) excessive noise is �-I a serious hazard to health and welfare and the quality of life of the citizens of the state of Connect:icut . . . (5) ench Person has a right to an environment Tree from noise that may jeopardize his health , safety or welfare . . . and the law goes on to state that "the primary responsibility i for control of noise" rests with the state and the tovms , particularly. c Of course , until the facility is built there is no way to measure 1 the noise level, but we ask the Commission to use their experience -5 in consideration of the likely noise levels of a warehousing; operation which receives plywood and dispatches it via trucks (probably large , diesel types) and railroad cars . There are the associated noises of gas and electric powered carts and forklifts , and their incessant "beep beep" as OSHA requires , when they back up . There will be burglar and safety alarms , outdoor paging systems , workmen' s voices and the squeal of metal train brakes and asbestos-lineg truck and auto brakes . Within the building there may be stacking, loading and even cutting and gluing noises and fumes . All in all , a picture is presented of a facility which, while seemingly innocuous on first glance , will have a devestating effect upon the noise levels , and thus the property values , of the surrounding homes . We respectfully submit that this is exactly what is meant by the term "excessive noise" . obviously it is suited for an industrial area, but not for the parcel which abuts a quiet neighborhood. If we have a right to an environment free from noise which jeopardizes our welfare , then this commission must accept responsibility for enforcing state policy in this area and deny this site plan appli�-ation tonight . Indeed , it seems to go without saying that our own Town' s ordinances will be violated because these shrill and loud noises will , of necessity , be carried far beyond the property where they originate , into our homes , our yards , and our daily lives . 1 _6 4. The plan will result in the overcrowding; of land and the undue concentration of population. There is no reason that such a facility must be sited on this parcel. What exists there already is a fine neighborhood , quiet homes , young families and decent living and playing environs . ' If a noisy, active warehousing operation must be sited in the industrial zone it should be sited with other noisy, active operations . The parcels closest to the homes should be reserved, with due regard for the comprehensive plan submitted long ago , and used for low-intensity, quiet and unobtrusive uses more in keeping with the present state of the area. 5 . The plan is not consistent with the character of the industrial district and or the neighborhood, (.,.--and is particularly unsuitable for this site . Section 8-2 CGS refers to suitability, and so do our Town zoning regulations . As discussed above , this site is ill-suited for this particular use . To allow it would be contrary to law and policy, and ill serve the taxpaying residents of Barbara Road and their successors in interest forever, while affording no appreciable benefit to the applicant which a similiarly sized parcel located elsewhere in the park might offer. (:6. The plan will destroy, not conserve , the property alues of the neighborhood. Real estate people in the area already are of the opinion that ��y a use such as the one contemplated could seriously disrupt property - 7 values in the residential community adjacent thereto. Since the preservation of such values is of paramount concern in both st.-)1-V and local legislation regarding the siting of industrial uses near residential homes , we submit the site plan must be disapproved in order to prevent a most tragic and uncalled for effect . In these inflationary times property values have been to ri-,e fc.jr s number of reasons . To add to this market force an unnatural intrusion of a totally unsuitable use of land directly adjacent to such properties is inconsistent with the law, and simply wrong and illogical. 7 . The conditions specific to this parcel , as defined in Sec . 8-6- (3) CGS , but not to the district in general , are such that a literal interpretation of the regulations will result in exceptional difficulty and unusual hardship and thus substantial injustice to the people of Barbara Road. As taxpayers we encourage the development of suitable land for our Town' s tax base , and yet we cannot be asked to bear the burden of this economic benefit to the Town in general with the consequential deterioration of our property values . For the reasons stated above we believe that the conditions specific to this Parcel , BUT NOT TO THE INDUSTRIAL PARK IN GENERAL, make site plan approval of this facility contrary to state law and policy , and local law and policy . As Section 4. 8. 4. 1. of this Town' s regulations state , no dust , dirt , fly ash or offensive smoke emissions are to be allowed , nor offensive odors nor toxic or noxious fumes or gases . Neither shall any use be allowed which is " hazardous or dangerous to persons or property OUTSIDE OF THE LOT ON WHICH THE ACTIVITY IS CONDUCTED" . _8 Anyone who is familiar with plywood operations will tell you of the dust , the smells and the noises associated with its transportation and storage. There are resin and wood and glue smells which travel through the air, and will light in our living rooms . There are diesel fumes and the particulate matter of diesel fuel which will hang over the area constantly, and as Mentioned previously , the combination of heavy truck traffic and an extended railroad spur so close to our homes and our children will create hazards and dangers to our children, and everyone else , far outside the lot on which the activities take place , and thus the plan for development is further found to be unsuited and out of keeping with policy and regulation designed to protect and order the growth of our Town and the peace and harmony of our lives . Closing Remarks We , the residents of Barbara Road, have come here tonight to ask that this Town' s Planning and Zoning Commission deny the approval sought for a plan of development of the parcel in question , as submitted . We ask that you fully consider the remarks of the developer in 1968 who, when seeking approval to turn his unused meadow into a prosperous - industrial r pa k, told all of us The multitude of physical and sociological problems presented by an all inclusive plan of this type must be weighed carefully" . Indeed they must . If this plan is approved , our lives will be changed dramatically for the worse , and it will be upon our backs that the r, T o c m h a s d n r i d p d t-,, n n r lr -I r.i it-7 jAX b"", -9 To simply disapprove this plan , and urge the applicant to relocate his facility to a site more in keeping with the plan and the uses of property presently enjoyed by the residents of Barbara Road , is the sensible and the correct thing to do for all concerned. This would be the most appropriate thing to do, and we sincerely urge this Commission to avoid the substantial injustice this plan would cause, and thereby secure our safety and welfare as the laws of this state and our Town so require. - -- ,• __ g STATE OF CONNECTICUT PLANNI deems practical of special meetings called less than seven days prior to the date Sec. 1-21g. Executive se set for the meeting. Such notice requirement shall not apply to the general assem- attendance shall be limited bly, either house thereof or to any committee thereof. Any request for notice filed body to present testimony pursuant to this section shall be valid for one year from the date on which it is vided that such persons' attl filed unless a renewal request is filed. Renewal requests for notice shall be filed presence is necessary to pra within thirty days after January first of-each year. Such public agency may estab- that the minutes of such ee lish a reasonable charge for sending such�n'btice based on the estimated cost of attendance. providing such service. P g .: (P.A.75-342.S.11.) (P.A.75-342.S.7.) Cited.174 C.309.310. Cited.174 C.308,310. Sec. 1-21d. Adjournment of meetings. Notice. The public agency may adjourn Sec. 1-21h. Conduct of any regular or special meeting to a time and place specified in the order of agency is interrupted by an] adjournment. Less than a'quorum may;.so adjourn from time to time. If all mem- conduct of such meeting ui bers are absent from any regular meeting the clerk or the secretary of such body of individuals who are wit may declare the meeting adjourned to a stated time and place and shall cause a agency conducting the meet written notice of the adjournment to be given in the same manner as provided in in session. Only matters al section 1-21, for special meetings, unless such notice is waived as provided for spe- session. Duly accredited rel cial meetings. A copy of the order or notice of adjournment shall be conspicuously those participating in the d posted on or near the door of the place where the regular or special meeting was pursuant to this section. K held, within twenty-four hours after the time of the adjournment. When an order from establishing a proct of adjournment of any meeting fails to state the hour at which the adjourned responsible for wilfully dish meeting is to be held, it shall be held at the hour specified for regular meetings, (P.A.75-342,S.13.) by ordinance, resolution, by law or other rule. Cited.174 C.309.310. (P.A.75-342,S.8.) Cited.174 C.308.310. Sec. 1-21L Denial of a1 Sec. 1-21e. Continued hearings. Notice. Any hearing being held, or noticed or Any denial of the right to i ordered to be held, by the public agency at any meeting may by order or notice shall be made to the.persoi of continuance be continued or recontinued to any subsequent meeting of such has custody or control of t agency in the same manner and to the same extent set forth in section 1-21 d, for of such request. Failure to the adjournment of meeting, provided, that if the hearing is continued to a time record within such four bu; less than twenty-four hours after the time specified in the order or notice of hear- (b) Any person denied ing, a copy of the order or notice of continuance of hearing shall be posted on or or wrongfully denied the n near the door of the place where the hearing was held immediately following the any other right conferred meeting at which the order or declaration of continuance was adopted or made. 1-21 to 1-21 k, inclusive, n (P.A.75-342,S.9.) of information commissif Cited.174 C.308.310. Upon receipt of such notic Sec. 1-21f. Regular meetings to be held pursuant_to regulation, ordinance or by certified or registered n resolution. The public agency shall provide by regulation, in the case of a state or order of such commis agency, or by ordinance or resolution in the case of an agency of a political sub- receipt of the notice of a division, the place for holding its regular meetings. If at any time any regular and shall decide the appe meeting falls on a holiday, such regular meeting shall be held on the next business the action of the agency day. If it shall be unsafe to meet in the place designated, the meetings may be relief as the commission, i held at such place as is designated by the presiding officer of the public agency; denial of any right confer provided a copy of the minutes of any such meeting adequately setting forth the actions taken at any meet nature of the emergency and the proceedings occurring at such meeting shall be null and void and may req filed with the secretary of the state or the clerk of the political subdivision, as the case may be, not later than seventy-two hours following the holding of such meet- ing. agency in accordance wit (P.A.75-342,s.1o.) inclusive, and 1-21 to 1-2 tion (b) of this section. I given timely and proper 1 notice is given in the Cot Planning and Zoning Commission -7- 10/27/81 -••- Mr. Marks said that if the access to the Ireland property comes through Parcel C, they wouldn't be able to tap into the sewer- and that he hopes the Commission will take that into consideration. Mr. DeMallie said the principal access to the Ireland property should be to Abbe Road or to the East, and this additional road should not be the principal access. SPECIAL MEETING 1. Allied Plywood Company, App. #829, Site Plan of Development Chairperson Montana noted the applicant had submitted a revised site plan after the public hearing was held. The Commissioners concurred that they did not wish to review it since the public hearing had already been held. The Commissioners then proceeded to discuss the site plan as presented at the hearing. Chairperson Montana said that the petition submitted this evening by Mr. Braender pertained to this matter indirectltiy, and said it will not be discussed. Mr. Gilligan noted that the site plan presented is contrary to the original concept for development in this industrial park, and Mrs. Montana said a number of Commissioners have been down to look at the industrial park and ._.. what is there now is innocuous and not offensive. Mr. Gilligan said the size of the building concerns him, and Mrs. Evans said the closeness to the homes concerns her. She said she didn't think the amount of traffic was tremendous, nor the noise of the operation too offensive. Mr. Conde noted the building was so large that it would shade the cul-de-sac in the winter from the sun. Mr. Norman said the size of the operation now is of concern and they are talking of expanding it. He said this building is totally out of character with the other buildings there, and suggested the developer reconvene some sessions with the residences to work out something appropriate. Mr. Norman felt the people in the area are aware of the fact they are next door to an I zone. Mr.Gilligan said even if plantings are on the berm, it will not hide the building. Mr. Hallowell noted that a conservation plan has not been submitted to show any plantings on the berm. He added that this building will affect the quality of life for the adjoining residents. The subject of drainage in the area was brought up, and after a lengthy discussion it was agreed that the Town Engineer would see if the Soil Conservation Service is interested in looking into this situation. Mr. Conde then moved that this application be denied since the construction of the proposed building will infringe on nearby residential property owners and their basic rights due to the size and height of the building, and he added that it would be difficult to live with a building of this size so- close. and it was unanimously voted and so ordered. Mr. Gilligan seconded the motion, �►I�er� WOO CI �71(� March 10, 1982 I. Virginia S. Graney, do hereby certify that the following is a true and accurate verbatim transcript of the public hearing which was held by the Planning and Zoning Connnission of the Town of South Windsor on September 15, 1981, in connection with Application No. 829, of Allied Plywood Corporation, for approval of a Site Plan of Development for property known as Lot #6 in Parkcentre, located on the east side of Connecticut Avenue, north of South Satellite Road, IP zone. Virginia S. Gran , cording Secre ry Planning and Zoning Commission Town of South Windsor Public Hearing held September 15, 1981 by the Planning and Zoning Commission of the Town of South Windsor. Members of the Commission present: Chairperson Marshall Montana, Raymond F. Hallowell, Jr., Louise C. Evans, Robert Conde, Robert Gilligan and John Norman. Alternates to the Commission present: David Sorenson (sitting for W.C. Gay), Leon Mainelli, and Marilyn Morrison. Chairperson Montana: I assume that you're going to address these two applications - Lots 5 and 6, and the applica- tion of Allied Plywood? Attorney Lassman: Yes, if I may. I'll address them together because they concern the same lot. (Several unintelligible voices - speaking at once) Chairperson Montana: Okay. Applications 3 and 4 will be addressed in conjunction with approval for Lots 5 and 6, and Lot 6 is the application of Allied Plywood. (Several unintelligible voices speaking at once) Secretary: All right. This is the site plan and that's the subdivision. Chairperson Montana: Could we have it quiet please, so that we can hear the applicant? Attorney Lassman: Madame Chairman. Edwin Lassman representing the applicant, Savin Brothers, Incorporated. The first application that you have before you is for a resubdivision and it consists of two lots - Lots 6 and 5. Lot 5 being 4 acres; lot 6 being 3.93 acres, located on Connecticut Avenue on the easterly side, just north of South Satellite Road. Most of these lots were the subject of a prior resubdivision hearing; namely, lots 5 and 6, and because of certain events that happened the proposed buyer for one of the lots did not go through, primarily because of CBA funding and other funding, so that the proposed uses -1- now concern primarily Lot No. 6, which is the subject also of the site plan that is before you also. Lot 6 and lot 5, as I indicated, was the subject of a prior hearing - a resubdivision hearing, which was approved. There is a new configuration for each one of the lots. The lots are contained, of course, in the area called Parkcentre, in an IP zone, as you can see by your maps. There will be a rail line running right to Lot No. 6, along this southerly line, almost to its easterly line. Then the main spur - this will be a side rail that I just described - the main spur of the rail line will follow along the southerly line of Lot No. 5 towards Connecticut Avenue. Now, Mr. Russo, could you address the Commission? Would you tell the Commission your name and your occupation? Mr. Russo: My name is Joe Russo, with Palmberg & Russo. Our office is in Bloomfield. We're representing Savin on this site plan he submitted. Mr. Lassman: Now, did you do the engineering on the site plan and the subdivision? Mr. Russo: Yes, we did. Attorney Lassman: Okay. Would you tell the Commission what provision has been made for water, (unintelligible) and fire protection? Mr. Russo: Domestic water. Fire protection will be -2- served from municipal water in the street in the proposed Con- necticut Avenue. Attorney Lassman: And that water would come from South Satellite Road? Mr. Russo: South Satellite Road. Attorney Lassman: And as the road is extended the water line would be extended. What provision have you made for sewerage? Sanitary sewerage? Mr. Russo: Sanitary sewers will be extended from South Satellite up. . .or northerly up Connecticut Avenue to service the site. Attorney Lassman: That's municipal service. Now, have you made any provision for drainage? Storm drainage? Mr. Russo: Yes, we have. Attorney Lassman: Would you tell the Commission and the people in the audience what provisions (unintelligible). Mr. Russo: We have. . .would you like an outline of this? Attorney Lassman: Well, if you can. I don't know if anybody could see it, so maybe the Commission could follow it. Mr. Russo: We have provided drainage to the parking lot of the site, which the parking lot is on the northerly side of the site, and we will drain westerly to Connecticut Avenue, and then northerly along Connecticut Avenue to an existing drainage ditch, which will (unintelligible) to it and an established -3- detention basin up at the intersection of present Newberry Road and Route 5 (unintelligible) . Attorney Lassman: Have you made any. . .Connecticut Road, Connecticut Avenue, which was shown on the map has that been started or is it going to be started on South Satellite Road? Mr. Russo: It's presently under construction on South Satellite Road now and (unintelligible - several words) . Attorney Lassman: All right, and this is as a result of prior subdivision approval? Mr. Russo: Yes, it is. Attorney Lassman: And a bond, I understand, on that road? Mr. Russo: (unintelligible) . Attorney Lassman: And this. . .you will just. . .if this subdivision is approved you will extend that road along. . .how far will you extend that road? Mr. Russo: Well, if the subdivision is approved it could be extended to either Lot 6 or into Lot 5 (unintelligible). Attorney Lassman: And that will be just an extension of the existing road there? As part of the construction? Mr. Russo: Right. Attorney Lassman: Now, could you describe. . .during construction will there be any problems with sediment or any of this type of environmental. . . -4- Mr. Russo: Well, lot 6 is a very flat site. We're only planning to do minor things (unintelligible) in the parking lot area (unintelligible) approximately one foot elevation differences, which most of that will be comprised of base material and bituminous so the elevation changes approximately a foot in the parking area, so this will not be any extensive (unintelligible) on the site. Attorney Lassman: And, as a result of that, what effect would that have on erosion or sediment during construction? Mr. Russo: We anticipate no sediment or erosion problems. Attorney Lassman: Now, concerning the site plan, could you, first of all, describe the proposed building? Mr. Russo: The proposed building has an area of 53,040 square feet, and is located approximately in the middle of the lot and is 103 feet back from the building line. Chairperson Montana: Excuse me. Is that from the back building line? Mr. Russo: No, that's from the front building line. . .103 feet from the front building line. Attorney Lassman: Continue with the description of the building in its location. Mr. Russo: Okay. It will be serviced, as was pointed out, by a rail siding along the southerly side and the parking for the building will be in front. The vehicle parking will be in front serviced by a driveway at this location, which is the southerly end of the lot, and the truck traffic that will pick up material from the northerly end -5- of the building where the truck docks are, and service from the driveway on the northerly side and the dock doors face north. This parking lot has been graded to drain, as was described earlier, back to Connecticut Avenue - to the drainage in Connecticut Avenue. We are picking up the building run-off and the parking lot run-off in the storm system, so there should be some reduction of run-off on the land there that actually. . . (unintelligible) that falls on the land now. Attorney Lassman: Where does the storm drainage ultimately go? Mr. Russo: In the detention basin as shown on the key map as detention basin number one, which is at the westerly end of the site. Attorney Lassman: The westerly end - Mr. Russo: No of (unintelligible). Attorney Lassman: Towards Route 5? Mr. Russo: Towards. . .adjacent to the railroad and Newberry. . .existing Newberry Road. Attorney Lassman: And that was designed. . .that detention basin was designed to handle storm waters that would be generated on this site? Mr. Russo: Yes. Detention basin No. 1 was designed to originally handle all of the lots in this area, and some additional lots, which we have not subdivided yet. -6- C Attorney Lassman: It was designed to handle the lot in question, plus other lots that have been developed? Mr. Russo: Yes. Attorney Lassman: And, not only designed, but being built to that standard? Mr. Russo: It is presently under construction now. Attorney Lassman: Now, have you given any considera- tion to preserving some of the natural features on the lot? Mr. Russo: Yes, we have. There is an existing tree line to the rear of the lot (unintelligible) north of the berm area and coming around and following along the proposed property line. The tree line (unintelligible) slightly into the property line. We have reserved those trees. We don't intend to remove them. We also. . .there are some existing trees in the front that we're going to call for to remain. We've also added some plantings in front of the site, on the southerly location, in the front and a good part of it adjacent to the driveway to the vehicles (unintelligible). Attorney Lassman: Now, do you have the elevations of the building? Mr. Russo: Yes, we do. The elevations . . . finished floor elevations will be 77.17; the finished floor was determined by the rail siding, or the rail service. The rail service is also controlled by a crossing on Connecticut Avenue, and as it is worked out, the crossing at Connecticut Avenue will be (unintelligible) -7- and the location or the floor elevation will be at such an elevation to be serviced by the rail cars. Attorney Lassman: Nov, do you have the architectural elevations? Mr. Russo: Yes, we do. Attorney Lassman: Would you explain what the building is going to look like? Mr. Russo: This elevation at point two here is the front elevation of the building - the side that will face Connec- ticut Avenue. It is basically a metal building. It will have an office - a brick office building - in front. It will have (unintelligible) and that will be the front section of the building. The side elevation toward the rails, which will be the southerly side, is marked on this plan as a side elevation, and it will show the rail doors and the projection of the office which will be on the westward side. The rear elevation will be - planned no windows - the one nearest the exit door, and will be metal siding, and the other side is the dock side for the truck orders - will have four truck back doors, and that will face north. Attorney Lassman: What are the dimensions of the building? Length, width, height? Mr. Russo: I'd like to go ba do to the site plan. -8- The width of the building is 180 feet and the length of the building is 288. Two Hundred eighty-eight. The height of the building is 24 feet at the eave and is 32 feet at the peak. Attorney Lassman: And, looking at your site plan, what is the distance the building will be from the (unintelligible)? Mr. Russo: From the front of the building, as I stated earlier, from the front building line, which is Connecticut Avenue, it will be 103 feet back. From the rear of the building, from the rear line, it is 70 feet back. . . (END OF TAPE) Attorney Lassman: . . . .name? Mr. Pynchon: My nameis John Pynchon. Attorney Lassman: And, what is your occupation? Mr. Pynchon: And, I'm a branch manager at Allied Plywood. Attorney Lassman: And, I understand, Mr. Pynchon, that Allied Plywood would be the user of this proposed building? Mr. Pynchon: Yes. Attorney Lassman: Now, would you explain to the Commission and the the audience what your use will consist of? Mr. Pynchon: Well, it would be the same function as our warehouse in Hartford now. We warehouse and distribute plywood and building materials. We'd also be doing (unintelligible) . Attorney Lassman: And, do you do anything there besides storage? Mr. Pynchon: No. Nothing but (unintelligible) . We -9- don't even have a saw in there. Attorney Lassman: You do nothing to the material in there? Mr. Pynchon: No, nothing whatsoever. Attorney Lassman: It's just a warehouse? Mr. Pynchon: Yes. Attorney Lassman: Now, how many employees do you anticipate that will be there? Mr. Pynchon: I estimate approximately eight to ten. Attorney Lassman: And there is a railroad siding along there. Do you anticipate. . .I assume you anticipate the use of railroad cars delivering materials. How often would you estimate (unintelligible). Mr. Pynchon: I would venture we'd probably have two - maybe three - a month. Attorney Lassman: And, trucks going in and out? How many of your trucks would be going in and out of the facility? Mr. Pynchon: Well, we have. . .we run two trucks now (unintelligible) . Two, and perhaps three. They load up in the morning and generally run all day and get back at four. We have some pick-up trucks. Customers coming in. Attorney Lassman: How much of that sort of activity do you have? Mr. Pynchon: You mean coming in? It's not that much. I would venture - I looked at my invoices this month - I -10- know that we've written up 240 invoices and I know that 99 - 98 per cent of them were delivered. Attorney Lassman: Delivered by you? Mr. Pynchon: By our trucks, right. Attorney Lassman: So 2 per cent of them would come to you? Mr. Pynchon: (unintelligible) Attorney Lassman: Can you reduce that to trips into the facility per day? Mr. Pynchon: I (unintelligible) Attorney Lassman: How many trips does that represent? Mr. Pynchon: Customer pick-up? On an average eight hour day, two or three. Attorney Lassman: I have no further questions. Chairperson Montana: Could we have a report from the Town Planner? Mr. DeMallie: Yes. First of all, regarding the resubdivision: Unlike previous Parkcentre subdivision applications, we finally have a key map showing the entire concept for the Parkcentre development, so it's a milestone. I'm very pleased to see that tonight. Regarding the site plan application, I have a few questions to pose to Mr. Lassman, if I may? Do you have any outdoor storage proposed on the site? Attorney Lassman: I would direct questions to Mr. Pynchon. -11- Mr. Pynchon: No, sir. Mr. DeMallie: No? Mr. Pynchon: Absolutely none. Mr. DeMallie: And no outdoor operations at all? On the site? Mr. Pynchon: You mean. . .as part of our. . .what we do there? Warehousing? Mr. DeMallie: Yeah, you will be loading them from the docks from inside the building right into the truck? Is that it? Or. . Mr. Pynchon: Yeah. We would be loading. . .unloading the freldit cars at the siding and loading our own equipment. We will have one (unintelligible) inside where we will do most of our loading. I want a provision to load and unload trucks in the parking lot if we have to, but that isn't the way we do it now. Chairperson Montana: Excuse me, Mr. Pynchon. I think what Mr. DeMallie is referring to is right now when we look at other businesses in the area there is no outside activity (unintelligible) . It's a relatively clean operation. I think that's what he's getting at. Mr. DeMallie: Well, that's one point as well as. . . I'm really trying to get a handle on any noise generation from this. Will you be. ..how will you be loading the trucks on the north side of the building? Directly from the building on the docks? Directly into the truck? Will you be having forklifts on the outside -12- of the building? Mr. Pynchon: I'd like to have a provision, but that isn't what we do. That isn't the normal way of doing it. It would be an extraordinary situation where we would. Let me say this: We're not in construction plywood . We don't handle fir plywood and sheeting grading, and so forth. We're in archi- tectural - oak, (unintelligible), mahogany, maple - an average piece of my plywood probably. . .wholesale. . .would run around $60 - $80. Very, very expensive, as every homeowner knows. Mr. DeMallie: Okay. Mr. Pynchon: So, we're not slamming and banging around and we don't use pallets (unintelligible - several words). We don't use pallets. Mr. DeMallie: Okay. So, you'd be loading directly from the building primarily. Okay, what are your proposed hours of operation? Mr. Pynchon: Our present operation, operating hours, and what I'd to continue, are four. . .I mean seven to four - seven in the morning to four in the afternoon. I keep the office open until five. Our warehouse turns in at seven and leaves at four. Mr. DeMallie: Okay. You estimate two to three rail cars a month. Is that correct? Mr. Pynchon: That's about our average. Bean our average for the 10 - 11 years I've been in the business. Actually -13- (unintelligible) use that average (unintelligible). Mr. DeMallie: And you have two to three trucks for your facility that are delivering your product to your customers and they make one. ..they go out in the morning and that's it? They load up in the morning, then make their complete run, or do they make repeated trips? Mr. Pynchon: I have one tractor-trailer - a 30 foot trailer - and generally he's loaded first and out all day. I have a sixteen foot. . .excuse me, 21 foot flatbed (unintelligible) and he's loaded next, and if he were working the Hartford area, he'd probably come back around noon and reload. The Hartford area we service Monday, Wednesday and Friday, but generally just by this distribution to our customers, both trucks are basically out. I don't want them back. We try to (unintelligible) . Mr. DeMallie: So, maybe three trips. . .round-trips. . . a day. Something like that? At the most? Mr. Pynchon: Yeah, that would be the most. Mr. DeMallie: Do you have any diesel trucks? Mr. Pynchon: Most of them. Mr. DeMallie: Do they warm up considerably in advance? I've had a number of phone calls from residents and this is a concern they've had based on their experience with some near-by facilities. I'm wondering if you warm them up considerably before 7 a. m. , or. . . Mr. Pynchon: Well, no, not before seven. My equip- ment is excellent equipment. It's leased from Edart, and I can -14- tell you it's in tip-top condition. In the wintertime, a condition of our leasing them is we have to plug them in to keep them warm. So, I know what you mean. Yes, I've seen diesels going for half an hour to warm them. My trucks don't. Mr. DeMallie: Okay. Let's see. So you know of no real objectionable noise that would be heard off the site? From (unintelligible) . Mr. Pynchon: Frankly, I think we'd be an ideal neighbor. (unintelligible) There's no weekend work. Forty hour week. I only worked weekends on the inventory last November (unintelligible). Mr. DeMallie: Okay, Mr. Russo indicated that it would be a metal building. Have you considered esthetically how it'd look from the residential neighborhood? And. . . Mr. Pynchon: I? Well, I think it'll be as attractive as any building on that street. Mr. DeMallie: Okay. On outdoor lighting, I suggest you might want to look into some additional outdoor lighting to service the employee parking area and possibly the rail siding. Regarding the buffer, the zoning regulations (the IP zone) does require a 25 foot buffer. That's Section 4.8.4.3; or at the discretion of the Conmission, here, an additional buffer width. The applicant's site plan does portray what amounts to a 70 foot buffer within the lot. There's no encorachment on that. I think the Commission should consider requiring of you additional landscaping and buffering treatments to that which is now in place. -15- There's a berm. There's natural vegetation, and there are trees that were previously installed by Savin Brothers. I think consideration should be given to screening the building, particu- larly at its easterly elevation as it faces Barbara Road - it's a hundred eighty feet long at that point - in terms, let's say, even of the color selection of the facade. Noise abatement, particularly at the northeast corner of the lot. Although it appears there's very little activity on the north side, and there's no exterior loading other than maybe an infrequent occurrence. Possibly an extension of the berm. The berm does go - falls about a hundred feet short of the northern property line. Perhaps an extension of the berm. I don't know how feasible that is from an engineering perspective, but you might want to look into that. And also, I'd just like to submit to the Commission for their review, their own minutes from 1967 and 68 - I have two copies here - 1967 and 68. At the time that Savin Brothers proposed the original Parkcentre Development for that entire area, they had considerable amount of the land - including the site in question - was zoned for industrial uses. At that time, they proposed a restricted industrial zone and they requested a zone change to that zone, as well as a zone change to restricted industrial from a residential zone, that's to the northeast of this particular site, and there is discussion with the applicants and with the public. After the meeting was held, at the South Windsor Public High School, I believe, in March of '68, there was discussion regarding the buffer area, and also there was an approval -16- for the zone change and it's clearly stated at the public hearing by Mr. Carino, who, I believe, was Chairman at that time, indicating that it would be inappropriate for the Commission to place conditions of approval on the application and that it would be at the site plan applicantion periods, such as that which is taking place tonight, that any conditions would be placed upon any particular application and the exact nature of the buffering would be dealt with. A 25 foot buffer was discussed at that time, however, as you can see, we're talking about considerably greater here now. Town Engineer Page: In regards to the resubdivision, the road, Connecticut Avenue, is configured slight different as was approved on the previous Lot 5 approval. However, it's been designed in accordance with Town. standards. It is provided with sanitary sewers in accordance with our specifications. The storm drainage system, as the engineer said, was designed to pick up the surface water, not only from the road, but from on the site plan and discharge into an existing ditch, which flows to the west and ultimately goes into the detention basin that was approved about a year ago with the Frito-Lay site. The detention basin is large enough to handle this additional run-off. However, if you look at the key map, you can see that there's also another proposed detention basin, which, as more sites are approved in this area, that ditch which is essentially coming from the northerly side of Lot 5, will ultimately disappear and be redesigned either with underground piping or a -17- better designed swale. So, in the area of Lot number 6 and the road, Connecticut Avenue, the drainage system is designed in accordance with our standards. At this time, however, the ditch which comes from Lot 5 and proceeds in a northerly direction is only a temporary ditch. It will. . .it will handle the run-off, but it's certainly not something we would want to live with in the future. The engineer, and Savin Brothers, are working on an overall storm drainage plan. Insofar as the site plan is concerned, again the surface water run-off will be handled through the drainage system in accordance with our specifications. It will go westerly into the road, ultimately into the detention basin. As far as the Inland Wetlands are concerned, the Engineer- ing Department is still working with the Wetland Commission so we will withhold comment until the Wetlands Commission has arrived at an equitable solution. There are still. . .they had their first meeting last night and will not have a work session on this item until next week. As far as the rest of the engineer- ing standards, they've met our requirements. Chairperson Montana: Thank you. Is there someone from the public to speak in favor of this application? Is there anyone to speak in opposition? Yes, sir? Unidentified voice: May I ask a couple of questions first? Chairperson Montana: Well, would you identify. . . Mr. Miller: For the record, my name is Lewis Miller -18- and I'm representing myself and my wife, Sharon. We live at 31 Barbara Road in South Windsor. This statement was prepared by my attorney tonight, Mr. William McGee, who, unfortunately, cannot be here tonight. Based on the applicant's presentation, I have a few questions to ask him before I read my statement for the record. All right? Chairperson Montana: You're going to read the whole thing? Mr. Miller: I think it's significant, and I would like to read it for the record. Chairperson Montana: Well, I think in the interest.. . .could you sort of summarize it? Mr. Miller: I have nine pages of what I think is significant testimony. Chairperson Montana: Well, we would like to give everyone else a chance to speak this evening also, so I think that maybe in consideration of your neighbors and other people who would also like to speak, if possible you could just go over the major points. This will be entered as part of the record. Mr. Miller: Well, I've hired an attorney to prepare this for me and I think I have the right to read it into the record. If you would like I'll take it back to the Planning and Zoning Commission and read the entire (unintelligible) into the record. It's only nine pages and shouldn't take more than five minutes. I'm a fast reader. Chairperson Montana: All right. Mr. Miller: First, I'd like to ask Mr. Pynchon.. . -19- Chairperson Montana: I believe you were going to read your... Mr. Miller: Well, I will adjust my statement that I will read into the record based on Mr. Pynchon's answers to my questions. Commissioner Hallowell: Address the questions through the Chair. Chairperson Montana: Yes, address the questions through the Chair. If you'd like to. . .well, frankly, do you want to read this into the record? Mr. Miller: Yes, I would. Chairperson Montana: All right. Let's proceed with that and then, I guess, you can ask your questions. Mr. Miller: May I have my own order of presentation? The applicant had his. Commissioner Conde: You mean you want to modify this thing that was done by the attorney. Mr. Miller: Correct. Correct. Based on the questions I.. . Commissioner Conde: You only want to read this into the record? Mr. Miller: There are questions that haven't been answered, and there's no sense in reading an inaccurate statement into the record. Chairperson Montana: Would you address your questions through the Chair, please? You're not going to be entering this into the record since it's inaccurate. Mr. Miller: First, I would like to know how the plywood is to be unloaded? -20- Secretary: I beg your pardon, sir? I can't. .. Mr. Miller: How the plywood is to be unloaded from the freight cars? Chairperson Montana: Mr. Pynchon? Mr. Pynchon: From the rail cars? Well, it would be unloaded by forklifts. Mr. Miller: Forklifts, and according to OSHA regulations, what kind of noise is emitted by forklifts when they back up? How long have you been in the plywood business? Chairperson Montana: Mr. Miller. Let's keep this very calm, cool. . . Mr. Miller: I'm trying to. He's shrugging his shoulders. I'm sure he knows the answer. Chairperson Montana: Mr. Pynchon, could you explain the operation during which. ..when the train comes in. What happens? Mr. Pynchon: Well, no, to answer the question I have no idea of what the decibal rating for forklifts is. Mr. Miller: I didn't ask you . ..that's what. ..would you please answer the question? What noise is emitted from a forklift backing up? Mr. Pynchon: What noise? Mr. Miller: Is there? Mr. Pynchon: Sure. Mr. Miller: What is it? Mr. Pynchon: Well, there I don't follow you. You mean how loud is it? Or what is. . . -21- Chairperson Montana: I believe he's asking you what kind of noise decibal rating is emitted when a forklift is in operation? Mr. Pynchon: I told him I don't know. Co issioner Gilligan: I think he's asking about the beep, beep, beep sound.. . Mr. Miller: Exactly. Mr. Pynchon: You mean the OSHA (unintelligible) Mr. Miller: That's what I mean. Mr. Pynchon: Mine don't have it. Mr. Miller: Well, it's part of the OSHA requirement. Mr. Pynchon: I know that one is a 1979 (unintelligible) and it didn't come with that. I think they'd have to come with it now. I know that my two forklifts do not have it. Mr. Miller: Someday they will have to be replaced. Is that correct? Mr. Pynchon: Yes, that's true. Mr. Miller: Then you will have to replace them with the OSHA required forklifts that beep, beep, beep, when they back up? Mr. Pynchon: Right. Mr. Miller: Then you will have beep, beeps all the time (unintelligible). You may have forklifts now that beep when . .. . Chairperson Montana: I believe he said that he only had two. Mr. Miller: You only have two? Mr. Pynchon: Yes. Mr. Miller: When are the rail cars brought into the siding? -22- Mr. Pynchon: When are they brought in? Mr. Miller: Night and day? Mr. Pynchon: I don't know about the switcher's schedule in South Windsor. I understand it's three days a week. I know it's not at night. Mr. Miller: (unintelligible) Mr. Pynchon: I can only tell you that CONRAIL, as far as I know, just doesn't work at night. I know they don't in Hartford. We're in Hartford now (unintelligible) authority in Hartford. Mr. Miller: This is South Windsor. Chairperson Montana: Possibly that's information you could, like, give us.. . Mr. Miller: I think it's significant. Chairperson Montana: Well, I agree with you. So, if he doesn't have the answer to it we'll have to get an answer to that question. Mr. Miller: My Pynchon, I think it's in your testimony that you only have two or three trips a day of trucks leaving your facility. I can't believe you're going to build a two acre site and you will be sustained by three truckloads leaving the facility a day? Mr. Pynchon: Well, I can't really tell you, Mr. Miller. I don't know. I can tell you what my experience is now. The volume we're generating now, we do it. Mr. Miller: One last question for the Town Engineer. What is the distance from the nearest house to the railroad tracks? -23- Town Engineer Page: The distance.. . Mr. Miller: . . .from the nearest house to the end of the railroad tracks? Mr. Page: Well, as far as this plan is concerned, it turns out to be Mr. Bartula, and it's approximately 180 feet. Mr. Miller: From the end of the rail line to Mr. Bartula's house? (Several voices speaking at once - unintelligible) Mr. Miller: The residents of Barbara Road, which include myself, Lewis, and my wife, Sharon, are totally opposed to the site plan of development as filed, because it is contrary to the goals and purposes of the zoning regulations of the Town of South Windsor, and is contrary to the public safety, health and welfare; promotes overcrowding of land; destroys property values; and represents a most inappropriate use of land throughout the Town. In addition, we feel that the approval of such a plan would be contrary to State Statutory requirements which call for regu- lations to be made and enforced in accordance with a Comprehensive Plan. We respectfully submit that the proposed site is totally inappropriate for the proposed use, and request that the applicant be permitted to revise or modify his application so that the activity will be more appropriately sited on property within the Industrial Park district, and the parcel in question be reserved for the type of light industry which is most conducive to land which abuts a quiet, residential area. For the following reasons we ask the Planning and Zoning Commission to turn this proposal down. -24- 1. The site is not in accord with the comprehensive plan for development of the Parkcentre area, as discussed and approved when first designated, and thus is contrary to Section 8-2 of the Connecticut General Statutes. The Inquirer, on Thursday, February 1, 1968, carried a front page story about the 422 acre development plan for Parkcentre. Savin Brothers, the developers, in order to gain public support for their proposal and achieve a zoning change which would allow them the maximum use and profit return on their property (unintelligible - several words) require less density, and more grass and tree cover, while utilizing a unique building cluster arrangement, providing space for light industries (unintelligible - approximately 50 to 60 seconds - due to tape recorder malfunction). We submit that the comprehensive plan for development of this site, so near to the peaceful backyards of a fine residential community, is totally contrary to the siting of a noisy, dangerous plywood warehousing operation directly adjacent to the berm which was meant to protect the Barbara Road residents (unintelligible - approximately 90 seconds - due to tape recorder malfunction). . .. ..directly up against the backyards of a quiet, residential neighborhood. Thirdly, the plan is contrary to the public health, safety, welfare and convenience, in that traffic hazards, trains and their. . . . (unintelligible - approximately 80 seconds - due to tape recorder malfunction). (END OF TAPE) -25- (Unintelligible - approximately the first 110 seconds of tape - due to tape recorder malfunction). The fifth reason: The plan is not consistent with the character of the industrial district and/or the neighborhood, and is particularly unsuitable for this site. Section 8-2 of the Connecticut General Statutes refers to suitability, and so do our Town zoning regulations. As discussed above, this site is ill suited for this particular use. To allow it would be contrary to law and policy, and ill serve the taxpaying residents of Barbara Road and their successors in interest forever, while affording no appreciable benefit to the applicant which a similarly sized parcel located elsewhere in the park might offer. Number 6. The plan will destroy, not conserve, the property values of our neighborhood. Real estate people in the area already are of the opinion that a use such as the one contemplated could serious disrupt the property values in the residential community adjacent thereto. Since the preservation of such values is of paramount concern in both State and local legislation regarding the siting of industrial uses near residential homes, we submit the site must be disapproved in order to prevent a most tragic and uncalled for effect. In these inflationary times property values have been slow to rise for a number of reasons. To add to this market force an unnatural intrusion of a totally unsuitable use of land directly adjacent to such properties is inconsistent with the law, and simply wrong and illogical. -26- The seventh reason, and I stress this reason: The conditions specific in this parcel, as defined in Section 8-63 of the Connecticut General Statutes, but not to the district in general, are such that a literal interpretation of the regulations will result in an exceptionally and difficult and unusual hardship and thus substantial injustice to the people of Barbara Road. As taxpayers we encourage the development of suitable land for our Town's tax base, and yet we cannot be asked to bear the burden of this economic benefit to the Town in general with the consequential deterioration of our property values. For the reasons stated above we believe that the conditions specific to this parcel, but not to the industrial park in general, make site plan approval of this facility contrary to State law and policy and local law and policy. As section 4.8.4.1 of the Town's regulations state, no dust, dirt, fly ash or offensive smoke emissions are to be allowed, nor offensive odors nor toxic or noxious fumes or gases. Neither shall any use be allowed which is hazardous or dangerous to persons or property outside of the lot on which the activity is conducted. Anyone who is familiar with plywood operations will tell you of the dust, the smells, and the noises associated with its transportation and storage. There are resins and wood and glue smells which travel through the air, and will light inour living rooms. There are diesel fumes, and the particulate matter of diesel fuel which will hang over the area con- -27- stantly, and as mentioned previously, the combination of heavy truck traffic and an extended railroad spur so close to our homes and our children will create hazards and dangers to our children, and everyone else, far outside the lot on which the activities take place, and thus the plan for development is further found to be unsuited and out of keeping with policy and regulations designed to protect the order and growth of our Town and peace and harmony of our lives. In closing, we, the residents of Barbara Road, have come here tonight to ask that this Town's Planning and Zoning Commission deny the approval sought for a plan of development of the parcel in question, as submitted. We ask that you consider the remarks of the developer in 1968, who, when seeking approval to turn his unused meadow into a prosperous industrial park, told all of us the multitude of physical and sociological problems presented by an all inclusive plan of this type must be carefully weighed.' Indeed, they must. If this plan is approved, our lives will be changed dramatically for the worse, and it will be upon our backs that the Town has decided to develop its industrial park and its tax base. To simply disapprove this plan, and urge the applicant to relocate his facility to a site more in keeping with the plan and the uses of property presented. . .presently enjoyed by the residents of Barbara Road is the most sensible and the correct thing to do for all concerned. This would be the most appropriate thing to do, and we sincerely urge this Commission to avoid the substantial injustice this plan would cause, and thereby secure our safety and welfare as the -28- laws of this State and Town require. In closing, I would just like to ask the Planning and Zoning Commission to read the Preamble to their local zoning ordinances, and I'd like to thank you for your indulgence tonight. Chairperson Montana: Thank you. Is there someone else? Yes? Unidentified voice: I'm not sure there's much left for me to say. My name is David Schulman and I represent the Pleasant Valley Estate Residents Association, a group of citizens located in the area of the industrial park, who are opposed to the construction of this project. In that regard, I would like to submit two Intervention Petitions pursuant to Section 22a-19 of the Connecticut General Statutes, requiring this Commission to consider the environmental impact of this project while making their decision. I'd like to lead off with a couple of questions to Mr. Russo. Looking at the plans (unintelligible - couple of words) how many trucks can unload at this facility at the same time (unin- telligible - several words). Chairperson Montana: Excuse me, Mr. Schulman. Would you mind addressing the questions through the Chair (unintelligible) back and forth like that. Mr. Schulman: Excuse me. I'd like to ask Mr. Russo how many trucks can be loaded or unloaded at this facility at the same time. What provision has been made in that regard? -29- Mr. Russo: There are four truck docks (unintelligible). Mr. Schulman: I've notices a notation there's an overnight truck parking (unintelligible - several words). Mr. Russo: Well, the reason that's noted on the plan is because in the Town of South Windsor we have to designate if there's going to be a truck parked overnight. Mr. Schulman: Is six significant? Is that the number of trucks? Chairperson Montana: Excuse me. Could you (unintelligible) overnight parking up at the top? (Several voices speaking at once - unintelligible) Mr. Russo: On the top (unintelligible) northerly side of the building. Chairperson Montana: Okay. Mr. Schulman: That paranthetical six means that space has been provided for an additional six trucks? Chairperson Montana: Is that for six trucks to be parked there all night? Mr. Russo: No. (unintelligible) in the Town of South Windsor when you are parking trucks overnight, or intend to park overnight, we have to designate the parking areas and where they're located. There are six truck parking spaces provided here. Actually the owner doesn't use six which obviously is (unintelligible - several wards) but we've provided those places for overnight truck parking. Mr. Schulman: How many railroad cars can be loaded or unloaded -30- at this facility at the same time? Again, through the chair? Chairperson Montana: Yes. Mr. Russo: According to the building plan there are - there could be four - there could be four - so obviously the gentleman has said that there could be (unintelligible). Mr. Schulman: I'm not asking how many he said are going to be there. I'm asking (unintelligible). Mr. Russo: Let me see. There are four doors provided. The reason I'm sure, is that they have different products and they want to unload them in different parts of the building, so there would be one car unloading at four doors, or two cars unloading at two doors. Mr. Schulman: I would like to ask the question one more time, Madam Chairman. How many railroad cars could be unloaded at this facility at one time? Commissioner Norman: I think he answered it. The answer is four. Is that - do I understand correctly? Mr. Russo: Yes. Chairperson Montana: Well, are the doors spaces so that if they pulled a train in,there would be one door in front of each train car, or. . .I mean. ..or would, say four trains - four cars - come in with four carloads of the same type of material would all go into one door, or is it really relevant, or. . . Unidentified voice: I would say it is. Mr. Schulman: These questions are leading somewhere. -31- Chairperson Montana: All right. Mr.Pynchon: No. There's no way you could get four cars on the siding. Chairperson Montana: Well, how long. . . Mr. Pynchon: I beg your pardon. He's correct (unintelligible). Mr. Kaye: It's designed for four cars. Chairperson Montana: So, you could have four cars there... Mr. Kaye: You could have four cars on the siding. Four rail doors properly spaces in accordance with railroad specifications, so that four cars can be unloaded simultaneously. Chairperson Montana: Okay. Mr. Schulman: Now, I'd like to address some questions to Mr. Pynchon. Is this. ..are you proposing to build this facility as a substitute for your current facility or will you operate in conjunction with the other facility? Mr. Pynchon: No. We'll move our whole operation here. Mr. Schulman: And what is the size of this proposed facility compared to your current facility? Mr. Pynchon: We have approximately - I'm not sure - about 25,000 feet, between 24 and (unintelligible - two persons speaking at once). Mr. Schulman: So. this facility is approximately twice the size of your current facility? Mr. Pynchon: Right. -32- Mr. Schulman: You stated - all these figures you stated in your previous testimony regarding the number of employees, the number of vehicle trips, the number of trains (unintelligible) are based on your current operating capacity. Would it be unreasonable for me to say since you're building a facility twice as large that it could be possible that all those could be doubled? And that - could I go further and ask you that you are perhaps optimistic about the future projecting such a growth? Mr. Pynchon: Well, I couldn't say we're optimistic, but we certainly hope to find growth. Yes, anything is conceivable. We could double our business, but I've been a warehouse manager for six- teen years and I know that the State of Connecticut is the only area we service, and I can tell you my opinion is that we'll probably pick our business up by twenty percent. Mr. Schulman: (unintelligible - several words) Madame Chair- man., just to point out that the figures that have been presented here tonight are based on current operation in another location in a smaller facility. I'd like to keep in mind that there is a growth potential here. Obviously, they wouldn't be moving to a larger facility unless. It should be taken into consideration, not just the current traffic generation at the time this facility might open, but what might happen. .. (Tape recorder or cassette tape malfunction at this point, and approximately 40 seconds is unintelligible). ....in your professional opinion what would the impact of this facility -33- be on residential property values in the area? Unidentified voice: Relative to that question (unintelligible - several words) I'm familiar with the neighborhood (unintelligible - several words) and property values in the neighborhood, and in direct response to your question, should this building be constructed as proposed (unintelligible - several words). Mr. Schulman: If a facility was built in this area of a different nature, say office, or a non-traffic generator (sentence or two unintelligible) greater or less in your opinion? (Tape recorder or cassette tape malfunction at this point, and approximately 140 seconds is unintelligible). Mr. Schulman: .. ..violations of requirements of your zoning statutes. Also in the application the key map on the plan...the key map, none of the key maps contain the homeowners. It may be minor, but none of the key maps do contain the phone numbers of either the applicant or the surveyor as required by Section 4.11.2 (a) and (b) of the regulations. Also, there's no data block on the key map of the site plan proposal. Where does that. . .neither do any of the maps contain the names of all abutting property owners as required by various sections of the regulations. I see no conservation plan, which is required by Section 4.11.6, and also on the key map for the site development plan I notice it does not contain the name of the applicant as required by the regulations (unintelligible) says Savin Brothers, and I believe the applicant in that particular case is Allied Plywood, and I believe at this point I'll sit down. I'm sure many other people wish to speak on the various aspects of the project. -34- Chairperson Montana: Thank you. Is there someone else who wishes to speak in opposition? Yes? Unidentified voice: I'm Fred DeGiacomo, I live at... Secretary: I'm sorry, sir. I didn't get the name. Mr. DeGiacomo: Fred DeGiacomo, 58 Edgewood Drive. Secretary: Oh, all right. Thank you. Mr. DeGiacomo: I have nothing prepared and it's a hard act to follow these two gentlemen, but I'd like to speak to you as a homeowner in the area. I don't live that close to the proposed site. I live around the bend, but the thing that bothers me about it is, first of all, is the size. It really frightens me. The size. What could develop in this area. In years to come how much traffic (unin- telligible) in and out of there and what kind of operation would be going on. The second thing is the height. I can't believe that they would build anything this close to the neighborhood that would stick above that so-called berm. It's not a nice berm; it's just a mound of dirt. Things grow on it. It isn't tended by anybody. It isn't anything esthetic. It's just a big pile of dirt. Chairperson Montana: Natural vegetation (laughter) . Mr. DeGiacomo: Now, in the summertime it's fine. The trees are there and the leaves are all in place and it's good. The leaves deaden the noise and yet at night at two or three o'clock in the morning I hear a train coming up that track. In the wintertime when the leaves are stripped away, I'd hate to live there and look -35- out in the backyard and see the roof of this building sticking up. I think what really shocked me, was why here? We have no objections to things like this coming into Town. I'd love to get this much money to spend on the school budget. We'd love to have them here. We have no objection to this type of thing coming in. That whole park extends from that berm to Route 5. I don't understand why this has to be here, and that's another thing that frightens me, is this spur track coming in. Once this is established, well other things could be established along that line. The few buildings we have there (unintelligible - several words) so-called park, but the few buildings that we do have there are good neighbors. We have no problems and we hope that we cause them no problems. They don't interfere with us. We don't try to interfere with them. This is type of thing (unintelligible - several words) and possibly it got further and further away from the houses that maybe something bigger would come up, which is the normal thing. You don't just bring something of this size, I think, into this area (unintelligible) in someone's back yard. And this is the thing that really bothers me. Mr. Pynchon, we'd love to have you in Town. Don't misunder- stand me. It's just that I'd hate to see your building in my backyard. Thank you. Chairperson Montana: Thank you. Is there someone else who wishes to speak? Yes, the lady in back? Mrs. Revitch: My name is Mary Revitch and I live on Judy -36- Lane (unintelligible - several words), but I live on Judy and my property does abut the back of the property, but I don't have the berm, but I do have two small little boys that I try constantly to keep from going onto that field, so even though my. ..I'm not right next to it, I would be affected by it because I think they would be taking down a lot of my protection there and my little boys would be apt to run over and want to look at a train, so I just thought I'd put it into the record. Chairperson Montana: Thank you. Is there someone else who wishes.. .yes, sir, in the second row? Mr. Blanchette: My name is Al Blanchette, 95 Judy Lane. I just have a few questions, Madame Chairman, that I'd like to ask. They mentioned several things, Mr. Russo and Mr. Pynchon, that isn't happening now, such as what. . .the types of storage that are there now are mostly flat materials. Could there be other things added later? In other words, is this variance going to be granted so that they can store only flat materials? Can there by other activities added later? Chairperson Montana: Do you mean within the building or. . Mr. Blanchette: That's correct. Within the building. They said that there would be no sawing, but can this be added later? The fact that there's no sawing now, no noise from the sawing, does it mean that a year from now, or two years from now, that can't be added? There are three round trips a day currently. Again this could be increased later, as someone said, but I have another question. Will there be customer truck pick-ups? They have two trucks of their own now, but is there a possibility of twenty or thirty customers a day -37- picking up? That would also increase the traffic, pollution, the noise and everything that goes with it. Finally, I'd like to question the fact that they're claiming three round trips a day. A facility of this size is not inexpensive. My own occupation puts me responsible for three warehouses, and the operation of such are rental, maintenance and the materials that are in them. I do have very personal knowledge of the cost of warehousing operations, and this, according to what I can gather, is essentially a warehouse operation. 'three round trips a day are not going to pay for this thing. Six round trips a day may not pay for this thing. This is a very expensive operation from -my own point of view and I would suggest that anybody who believes that four or five or six round-trips a day will pay for this had best take their next extracted tooth and put it under their pillow. (laughter). Thank you. Chairperson Montana: Which of you gentlemen - I believe that somewhere along the line it was stated that two percent of the pickups were made by individuals rather than being delivered? Or two percent were picked up rather than being delivered? Do you anti- cipate any change in this in the future, with this expanded facility that you have? Mr. Pynchon: I really don't know. Two percent of my invoices (unintelligible) plus or minus, that's pretty accurate. Two percent of my invoices is one thing. That would be one percent of my volume. People that come in take little or nothing compared to what I put on my trucks. And, I can only say again, that we run a profitable operation or I wouldn't be here. And, if I run six truckloads a day -38- I'm going to (unintelligible). Chairperson Montana: If you run six. That's out of your present operation. How about... Mr. Pynchon: Well, you figure six. I'd like to .think my semi's gone when I see it take off in the morning, and my other truck may or may not be back. I can't (unintelligible). Obviously, we wouldn't go in here if we didn't suspect it would be a better warehousing facility than we're in now, and more efficient, and hopefully, we will grow. That's why we're doing this. I can give no assurance that there will be only three deliveries a day on an average. . .or what. . .I don't know. I can only tell you what my experience, and I've been with Allied for eleven years, and I've seen our growth, and in spite of inflation the growth in the number of panels shipped. You know what it is. And, it's not going to skyrocket. And, generally, while I have the floor, I would say there's no dust involved with plywood. It's a clean operation. I can't answer you. I can't tell you how many deliveries my trucks will make. I wish we had a hundred, but I don't think it's going to be any more than what we're doing now. Within a year I hope it will be a little more. Chairperson Montana: Does that answer your question? Mr. Blanchette: What about customer trucks, Madame Chairman? Will there be customer trucks? Chairperson Montana: You will...well, I believe, he stated right at the moment he only has less than about two percent picking their orders up. Do you plan on changing that at all? -39- Mr. Pynchon: I don't know. Our market is. . .our basic market is Hartford to New Haven, to Danbury, to Bridgeport. I do deliver to Enfield. I do deliver to anywhere in Connecticut, so (unintelligible) but I really have no answer. I don't want to put myself in a box, and I don't want to lie and give you false hopes or false non-hopes. I don't know. I really don't. But, I do know this. I know my business, the warehouse business, and I can tell you if I'm going to have six payloads a day, yes. You'd be amazed at the value of one truckload. Twenty-five thousand dollars.. . . (END OF TAPE) Chairperson Montana: Does anyone else have any questions? Yes? Mr. Braender: Yes, Phil Braender, 83 Elizabeth Street. On behalf of both the residents, and the abutters in this particular area, and in this project, I would like to present to you Madame Chairman, a request signed by the residents and the abutters asking that this application be denied. There are ninety-four, I believe, reasidents on it and all of the abutters. In this same connection, I am sure or feel sure, that Allied Plywood, perhaps, is looking to expansion. They want to increase and double their plant facility, and I commend them for it, but I also wonder at this particular time the building industry is not at it's greatest in the State of Connecticut, and everybody is looking for increased expansion. Is there any possibility, that maybe, with this increased space, we take on another line? We're servicing -40- the area. We couldn't possibly take on construction plywood with only 25,000 to the north end of Hartford, but with this area, it would certainly help. You could pull four rail cars in. You can take it out on the south side, out of the cars, and ship it out in bulk on the north side. To me, this is a possibility. It means that you're going to have potentially increased trucks and increased pick-up. Lord knows the communication is much easier to get in from Route 5 than it is to get in from the north end of Hartford. Secondly. . . . . (Tape recorder malfunction - approximately 60 seconds is unintelligible). ...from Allied. I'd like to see (unintelligible) inventory which goes across, which is no longer possible, but I do think there are other places perhaps that might be more appropos for this installation than right in the abutting residential area. Thank you. Chairperson Montana: Is there anyone else who wishes to speak? Yes, sir? Mr. Saska: Yes, my name is Richard Waska. I live at 73 Judy Lane. I've heard, in a statement made by the engineer, that the elevation at the site runs approximately 77 feet. I believe the eleva- tion on the street, on Barbara, is approximately 60 feet. I have to refer to the Town Engineer. With that differential you've got 17 feet in additional height to the sight problem, on top of which you're going to have a 32 foot building. So, if you can picture this, you're talking about 32 plus 17 is 49 feet, above the street level, for a distance that runs some 288 feet (unintelligible). The magnitude -41- of that, I think, is worthy of consideration. Chairperson Montana: Buck, could you comment on that? Town Engineer Page: I have to go upstairs and get a map. Chairperson Montana: We'll defer your question for a few minutes, if you don't mind. Is there anyone.. . . Unidentified voice: I'm (unintelligible - several words). Secretary: I'm sorry, ma'am. I just can't hear you. Mrs. Miller: Sharon Miller and I live at 31 Barbara, and next tome is Paula Bowman, who lives at 15. We have between us three little boys and we're afraid of the railroad tracks. They're between the ages of four and eighteen months, and that is the high time of running away from us and just going (unintelligible). We'd like (unintelligible). Chairperson Montana: Thank you. Yes? Mrs. Bartula: I'm Rosalie Bartula, of 31 Barbara Road, and I'm totally opposed to this site plan right next door to a residential area, for the many reasons listed by Mr. DeGiacomo, by Mr. Miller, by Mr. Schulman, by everyone here. Thank you. Chairperson Montana: Thank you. Is there someone else who wishes to speak? Yes? Mr. Bowman: Yes. My name is Craig Bowman. I live at 15 Barbara Road. I have one of the original brochures of Parkcentre, and it doesn't show anything about rails coming down to a residential area. Also, they don't show any ventilating systems on top of these buildings, which they all do have in that area. I'd like to give this to you. (Several voices - unintelligible) -42- Secretary: Mr. Bowman, do you want to leave this with us? I'll mail it back to you. Mr. Bowman: Yes, thank you. Chairperson Montana: Yes? Mrs. Pastula: My name is Rose Pastula. I live at 889 Pleasant Valley Road and I am the President of the Pleasant Valley Neighborhood Association. My husband works for a lumber company, and my concern here is fire. They had a fire at his lumber yard, and if they weren't able to get around the buildings and get in there, they would have been in big trouble. So, the way this is planned, being the building is going to go...be right up to the berm, then how is someone going to get into the back? This is a bad situation, really, for fire. And, another thing, is how are they going to stack their wood, because if they have an air space then your burning capability is much greater than if it's just stacked one sheet on top of another. This is another thing to consider. Now, if you have a piece of plywood that's broken, I'm sure that they're not going to use their valuable space inside. That's probably going to go outside, and Lord knows, how that fire started in my husband's...where he works (unintelligible) but finally they ended up putting a fence around his whole business there because that fire was so dangerous. Chairperson Montana: Thank you. Buck, do you want to comment on the previous question? Town Engineer Page: The elevations in the vicinity of Barbara Road, Edgewood, Elizabeth, are approximately 76 - 77 - 78 feet. The elevations of the land where this whole building is going is -43- approximately 74, according to the MDC map, which we find to be accurate within one foot. Chairperson Montana: Thank you. Yes, sir? Mr. Waska: That's in response to my question. Vay I ask, is that the elevation at the foundation line (unintelligible - several words). Mr. Page: That's the elevation of the land in surrounding areas. Mr. Waska: Okay. But it's not the elevation in the street? Mr. Page: Well, like in one particular spot in the street - say of Edgewood, where it intersects Elizabeth, it's 78. Some other locations - say where (unintelligible) intersects Judy, it's about (unintelligible). Mr. Waska: I beg your pardon? Mr. Page: Seventy-six. Mr. Waska: Thank you. Chairperson Montana: Does anyone else have any questions. Let's get the lady over here perhaps. Nancy Braender: Nancy Braender, 83 Elizabeth Street. I have just one question. I'm a late sleeper, and when you say you start at seven, does that mean you're putting your foot on the accelerator of that truck at seven, or is the truck started ahead of that? I ask this question because the sound carries. We can hear the railway. Very easily. We hear when the garbage men pick up over there too early. We can hear them banging the trucks - you know, -44- the cans. I'm really concerned about the seven o'clock start. Chairperson Montana: Could you answer that? I mean. .. I believe someone else had asked that question before whether the trucks would be started at 6:30 to get warmed up so they could leave at seven. Mr. Pynchon: We usually start the trucks around seven. In the wintertime we might start them five minutes earlier. That's the extent of it. Chairperson Montana: Yes, Mr. DeGiacomo? Mr. DeGiacomo: Just as a matter of curiosity, Mr. Pynchon, why here? I can't understand why you want to build a building of this size here when there is so much other land. Just for my own curiosity (unintelligible) . Chairperson Montana: Would you like to satisfy his curiosity? (Several unintelligible voices) Mr. Kaye: Originally the building for Allied Plywood Corporation was approved on, was originally approved by the Commission a few months ago, or several months ago, on Lot 5. I think, Madame Chairman, you will recall that I wrote you a letter and asked for a delay in filing the mylars and so forth, because of a problem we were having with Conrail working out the rail siding. As a result of our meeting with Conrail and so forth, in trying to conform with their design regulations, we were unable to put the building on that site. Unfortunately, railroads do not go sideways and they do not go around tight, little curves, and they have not only an engineering division, but an operating division, and many times things that are even approved -45- by their engineering division are not approved by their operating division because of various union regulations and so forth. As a result of that, and in an effort to design a proper rail siding for this facility, for the facility that the Allied Plywood Corporation wanted to bring to South Windsor, we put it on what is now being presented to you as Lot No. 6, where we could conform with Conrail's rules and regulations, which needless to say, are quite voluminous and difficult to comply with. Chairperson Montana: Well, that was a question, frankly, that I was going to ask you myself. I gather they can't negotiate a curve that would take it down Connecticut Avenue? Mr. Kaye: Well, yes, frankly, I mean we could lay out a curve - extend a (unintelligible), lay out a curve and take it down Connecticut Avenue. Lot #5, which you. . . .which actually we're not really asking for this evening, because, as Mr. Lassman said, that was withdrawn due to CBA problems. Lot #5 is - presently we're negotiating with a much larger client and Lot #5 will have to come back and be resub- divided all over again, or presented once again if that client works out, and that could change the configuration of what we would have to do in order to get down past that in order to take Allied Plywood further down there someplace. Allied Plywood is ready to go now, and. .. Chairperson Montana: Well, possibly I don't understand. Is it a problem that the railroad could not. . .couldn't find a solution to Lot #5 to bring the railroad. . . Mr. Kaye: We couldn't put it on.. .we couldn't put it on in order -46- to service the facility that's the size of the facility that Allied Plywood wanted. By the time, conforming to the Conrail regulations, relative to verticle curves and horizontal curves, by the time we got up and go straight and got level, we could only service one door at the building on the original plot plan. One door, that's all we could service. That does not provide the rail service that Allied Plywood Corporation was looking for. On this site, we can provide that rail service. Chairperson Montana: Yes, do you have another question? Mr. DeGiacomo: (unintelligible) you must start someplace to get somewhere, but in-between there must be something, and I'm just curious as to why that building couldn't be closer to the original rail line. Mr. Kaye: The original rail . .. the rail lead that's in there now sir, Mr. DeGiacomo, is it? Mr. DeGiacomo: Right. Mr. Kaye: The rail lead that's in there now comes from the main line, which is just to the east side of Route 5. It comes off, it comes up, and it has sidings running off it that service Franklin Distributors; the building that's now owned by Mercury Oil used to be (unintelligible) Company; and Brescome Distributors. There are three siding. . .. Policeman: Excuse me. Somebody set the alarm off up here. (Several voices laughing and talking at the same time - unintelli- gible). -47- Secretary: We're sorry about that. Chairperson Montana: I'm sorry (unintelligible). Policeman: All set? Chairperson Montana: We're all fine. Mr. Kaye: After the last switch is in there, which is Brescome's, and due to the regulations that Conrail has for clearances between switches, are you with me so far? Unidentified voice: Yeah. Mr. Kaye: You have to come east of Brescome's switch. .. Mr. DeGiacomo: Okay (unintelligible) Mr. Kaye: East of Brescome's switch which is.. .now we're getting close to Connecticut Avenue anyhow. . ..another hundred feet before we can start another switch, because of the clearance regu- lations of Conrail, both the operating and engineering divisions. Chairperson Montana: Would it help if we. . .Mr. Kaye showed you on one of the site plan maps (unintelligible). Mr. De Giacomo: Not really, because what he is telling me, Madame Chairman, is how he would service this particular lot. I'm not - that isn't my question. My question is, why are you putting it here? Why don't you put it closer to Route 5? Mr. Kaye: I can't, because of the railroad. They want rail service. That is the reason that Allied Plywood Corporation is coming to South Windsor. They have rail service now. It is an integral part of their operation. That's. . .. Chairperson Montana: I think.. . Mr. Kaye: (unintelligible) to Route 5 because there's no way to serve it with rail. -48- Chairperson Montana: I think. .. .excuse me, I think what Mr. DeGiacomo is saying, is why is the site not located right along the rail line somewhere along Route 5. Right? Mr. DeGiacomo: Something like that. (Several voices speaking at once - unintelligible) Mr. DeGiacomo: (Unintelligible) to go back a few years, when Savin Brothers and Parkcentre wined and dined us and told us how wonderful this was going to be. Beautiful site. Multi-story building (unintelligible - several words). How compatible it would be with all the neighborhood. They never told us what to anticipate. They never told us about spurs coming down to. . .you know, almost practically into people's backyards. And we welcomed them. We welcomed anything they'd bring in, if it conforms somewhat to their original plans. I don't understand why it has to be there. I don't want to get into the technicalities of it because I'm sure we'd be here all night and you'd be complaining at my asking questions. But picture in your own mind the area. I'm sure you've all been down there. You know the size of this thing. Why do you have to put a building at a little berm, a berm being a protective piece of dirt to screen the neighborhood. Mr. Pynchon, we welcome you. Just don't come in my backyard. Keep your dog out of my backyard or I'll fence in (unintelligible - several words). Chairperson Montana: Thank you, Mr. DeGiacomo. Yes? Unidentified voice: Madame Chairman, I would like to know -49- how many trucks can be loaded with one rail car. Chairperson Montana: How many trucks can be loaded? Unidentified voice: How many trucks (unintelligible). Mr. Pynchon: You mean from the rail to the (unintelligible). Unidentified voice: From one (unintelligible) how many truck loads? Mr. Pynchon: Well, you know. You're in the warehouse business. Unidentified voice: I'm not in the warehouse business. Mr. Pynchon: (unintelligible) 1409000 (unintelligible) you've got almost three truckloads. Unidentified voice: Three truckloads? Mr. Pynchon: Three, with a little spillover. Unidentified voice: Right. You said there would be two or three trains . ..railroad cars.. .a month. They'd be going out on three trucks day. Somewhere you're running a deficit. Mr. Pynchon: I can't get into that area. Unidentified voice: Well, I think. .. Mr. Pynchon: I'd say we are right now. . .that's my average of freight cars coming in. Unidentified voice: (Unintelligible). Commissioner Hallowell: Let's go. Unidentified voice: Madame Chairman, what is the estimate for this proposed facility. Chairperson Montana: He has said he really cannot give us any figures. I believe Attorney Schulman brought out the figures he -50- gave us are based on his present location, which is half the size of this facility that he has now, and he really cannot give us any exact estimates. I would assume that.. .he said a twenty percent increase at least, the first year. I don't think he has any exact figures to give us. Unidentified voice: May I ask this question again? How many rail cars does it take to fill up the warehouse? Chairperson Montana: Well, that's a good (unintelligible). Do-you know how many rail cars it takes to fill up a warehouse? I guess, I assume, you're starting with an empty warehouse. (Laughter) Mr. Pynchon: Well, I haven't got enough room where I am now. (unintelligible) is full. Chairperson Montana: Do you keep it full, all the time? I mean, well, not all the time obviously, but. .. Mr. Pynchon: More than full. We're desperate to get out of where we are. This is a perfect location for a wholesale (unintelligible) that we want to conform with (unintelligible - several words). I can only tell you, for my purposes, selfish and profit-generating as they loudly. ..as they are, this is an ideal location. We would be excellent neighbors. We've been excellent neighbors. We have a facility in Springfield, not really like yours, but similar. There it abuts a neighborhood and we do not generate "beeps", we don't generate lous (unintelligible) . We make noise, sure. My people even talk, but we're not. . . (Laughter). Chairperson Montana: All right. Attorney Schulman? -51- Attorney Schulman: I'd like just to make one comment to that. ... Unidentified voice: We can't hear you. Attorney Schulman: I believe that the residents of this area to some degree have reason to rely on past activities of this Commission, and the fact that what has been allowed to be constructed in the immediate vicinity of a residential area. If you will look at the key map you will notice that there are four structures in the immediate vicinity of a residential area, the largest of which is 19,000 sq. ft. Total square footage on four facilities is barely larger than the square footage on this one facility. My understanding is that the uses range anywhere from office to light storage. Nothing remotely resembling this kind of a facility. The setback from the residential area is considerably larger than has been proposed here. This has happened four times. I think that gives the residents in here some right to rely on the precedent established by this Commission for the development of this portion of the industrial park (unintelligible) construction of this particular project, which I again reiterate, is equal in size to the other four combined, at a much closer distance to the residential area. Chairperson Montana: That gentleman back there? Mr. Bartula: Name's Ed Bartula (unintelligible) Allied Plywood has are spotlights. How many (unintelligible) spotlights are you going to have? Chairperson Montana: I don't think that the outside lighting has been agreed on yet. -52- Mr. Bartula: (unintelligible) Chairperson Montana: I'm sorry. I didn't hear you. Mr. Bartula: As to the warehouse building? Chairperson Montana: I don't believe it's indicated on the site plan right at the moment. I don't think. . . . (Several unintelligible voices speaking at one time) Chairperson Montana: There's only. ..there only seems. . . there's only two (unintelligible) exterior lights on the north side of the building at the moment. Does anybody else have any questions before':the Commission.. .Yes? Joan DeGiacomo: Joan DeGiacomo from (unintelligible) drive. I have three questions. One, what color is this building that faces east, which is 32 feet high, going to be? Chairperson Montana: Do you know what color it's going to be? Pink? Orange? How about white? Purple? Mr. Pynchon: I don't it's...I don't think it's been selected. Mrs. DeGiacomo: Okay. The second is, where is your other facility in Springfield? Where is it located? Mr. Pynchon: (unintelligible) Mrs. DeGiacomo: That is not. . .that is not a comparable residential area. Mr. Pynchon: No, I agree with you. I'm sorry, if I inferred it. But it did abut a neighborhood. I didn't want to infer it, but (unintelligible - several words) . Chairperson Montana: Excuse me, could you.. .what street was that on in Springfield? -53- Mr. Pynchon: Hasbro Road. Secretary: Hasbro Road? In Springfield? Chairperson Montana: You have one more question, yes? (Laughter). Mrs. DeGiacomo: You say that you only service Connecticut. That is now. Have you in the past, or do you intend in the future,to pursue any action outside of the State of Connecticut? Mr. Pynchon: I certainly couldn't (unintelligible). We have a branch in Providence now and Springfield, and we have one in the Bronx, New York, which services the lower portion of Connecticut, but I don't see (unintelligible). No, I wish I could (unintelligible). Mrs. DeGiacomo: But (unintelligible) building you possibly could consolidate, what is it, Springfield and Rhode Island, into one big building. Mr. Pynchon: (unintelligible) Mrs. DeGiacomo: How big are those buildings? The one in Springfield and the one in Rhode Island? Mr. Pynchon: Springfield, compared to my warehouse now, I think it's around 30,000 ft. Mrs. DeGiacomo: So, it's 5,000 ft. bigger than your current building. Mr. Pynchon: Well, Providence could hold (unintelligible - several words or sentences). Mrs. DeGiacomo: (Unintelligible) Mr. Pynchon: How big it is? (Unintelligible) -54- Mrs. DeGiacomo: Yes. Mr. Pynchon: (unintelligible) Mrs. DeGiacomo: So. the 50,000 feet could accommodate the two plants you have now. The one in north Hartford and the one in Springfield or the Bronx? Mr. Pynchon: Well, we're moving out of Hartford. Mrs. DeGiacomo: That's what I mean. That one will be closed, so that you could accommodate that one, plus either the Bronx building, or the Springfield, which would mean you would be increasing the traffic and deliveries. Mr. Pynchon: To answer your question: Yes, it's conceivable, but no, it's not practical. We've got to serve the whole Long Island market, the New York market; we've got to service all of Vermont, New Hampshire out of Springfield. Mrs. DeGiacomo: Well, if you have a rail line that shouldn't be any problem. Commissioner Hallowell: Hey, Marshall (unintelligible) no bearing. Mr. Pynchon: (unintelligible) Chairperson Montana: Mrs. DeGiacomo, I. . .you know. ..I really. .. . I don't think he can give you exactly a hundred percent what his future plans are. They have branches in all these different areas to accommodate different markets and... Mrs. DeGiacomo: Yeah, I understand that, but I tend to think ahead since I have a large. .. (END OF TAPE) -55- (THE CASSETTE TAPES FOR THE NEXT 46 MINUTES OF THIS PUBLIC HEARING ARE UNINTELLIGIBLE AND COULD NOT BE TRANSCRIBED, DUE TO A MALFUNCTION IN THE RECORDING EQUIPMENT). -56- 1 ��� �)FFI�•r:� RO (AN, CAPI.AN, LA�-_'�;NIA:N & JIIRTLF. RfX;1:% I 1 1 PEARL tiTREET NASSAU ,F E CAPI-AN HARTFORD ('ONINEC'T1CUT 06103 11 A.LASSMA 4THUR M NASSAU TF1,F.I'H(ONE f2031 278-7480 A NEI)RO(;1N ROIJERT L 1i NTL.E.JR. HTEVEN 1).BARTEL-STONE DAVID M CALL MAUL B.ZOLA1% DAVID J.HFINEEI\ JADE A.BOYLE JOA\G GUINEY P111LIPL STEELE January 3, 1984 FREDERICK 1).ALIGE:STER\ l*()).ANL)A SEFC1H Richard Rittenband, Esq. 1734 Ellington Road South Windsor, CT 06074 RE: Savin Brothers , Inc. , v. South Windsor Planning & Zoning Allied Plywood Dear Mr. Rittenband: An application for a site plan approval has been prepared and will be submitted for consideration by the Planning Commission. Although the application concerns the same premises, the building and site plan are materially different. Even though an appeal is pending from the denial of the first site plan, the courts have ruled that when no vested rights have arisen and where a change of conditions have occured (viz, materially different site plan) the commission may consider a new application. See Mitchell Land Co. v. Planning and Zoning Board of Appeals, 140 Conn 527 (1953) and the recent case of Shippee v. Zoning Board of Appeals, 39 Conn. Sup. 436 (1983) . VeryVn E EAL:dmb �C.- Mr. Robert Kaye ' pow" aE4 t 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 SOR-cord AREA CODE 203/644-2511 January 10, 1984 Richard C. Rittenband, Esq. 1734 Ellington Road , So. Windsor, Ct. 06074 Dear Dick: Re: Savin Brothers - Allied Plywood Lot #6 , Parkcentre An application for a site plan of development for Allied Plywood for property known as Lot #6 in Parkcentre has been submitted to the Commission' s office, and will be on our agenda to be officially received at the regular meeting on January 24th. The Commission will then have 65 days in which to either schedule a public hearing or take action. In view of the fact that litigation is still pending in this matter, is there any reason why this Commission cannot receive this application? Attorney Lassman has written you regarding this matter also, and we would appreciate hearing from you priorto January 24th. Yours very truly, PLANNING AND ZONING COMMISSION k, /, ,o vg By: enc. Robert F. Gilligan, C irma CC: P. DeMallie, Planning Director R. Kaye, Savin Brothers, Inc. t0W N SE,< r T-0 O-P S-10UM ?dzn� w` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR-CO AREA CODE 203/644-2511 1 21'4, SOUTH II ENDSOR, CT 0G074 TEL. 644-2456 January 17, 1984 Robert F. Gilligan, Chairman Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: Savin Brothers - Allied Plywood Lot #6, Parkcentre Dear Bob: In reply to your letter of January 10, 1984, assuming that the building and site plan on the new application are materially different from the previous application, I see no reason why the Commission cannot receive the new application. Of course, I have not seen the new application. Atiorney Lassman has contended that the building and site plan are materially different on the new application, and if that is so, you can accept the new application. Very truly your Richard M. R'ttenban.d.;R Town Attorne �' RMR:mwd JAN 2 4 1984 PLEASANT VALLEY ESTATES RESIDENTS A P V E R A Box 6, South Windsor, Connecticut - Planning & Zoning Commission Town Hall South Windsor, Connecticut 06074 Attention: Robert Gilligan, Chairman RE: Site Application for Allied Plywood, Inc. Lot #6, Park Centre January 24th, 1984 meeting of P&ZC We, tbe iuidersigned abutters, request -a p&3ic on the above application to be scheduled at an appropriate time* Thank you. 3 F /J JAN 2 4 1984 PLEASANT VALLEY ESTATES RESIDENTS ASSOCIATION P V E R A Box 6, South Windsor, CT 06074 Planning & Zoning Commission Town Hall South Windsor, Conn. 060?4 r RE: Allied Plywood, Inc. Site Plan Application for Lot #6, Connecticut Avenue, Park Centre The agenda for the January 24th 1984 Planning & Zoning Commission meeting lists the above as having an "optional public hearing." The me ers of -the PVERA Asso cia#ion.hereby -respez tfu33y request that you grant a olio Hearing on this a3)pU1cat3nn so that all residents in the area and other interested parties may have an opportunity to express their views. Thank you. Very truly yours, P V E R A By: Steering Committee C5;L'- 46 D s �4, 41 �wdo� S. l.U. K�so� 67 �� 07 L Z t oiL Ys � ���s� C7 046 7Y -71 3 C ,•Z a 6�--F S� CU� t 1214 4. 4 y e 0 7 .t0wN sE� C = T_aw� V/ Sau� ?d&ld4at 1540 SULLIVAN AVENUE ° SOUTH WINDSOR, CONN. 06074 A �'►'osoe,co AREA CODE 203/644-2511 St February 17, 1984 Mr. Robert Kaye Savin Brothers, Inc. 301 Hartford Avenue Newington, Ct. 06111 Dear Bob: Re: App. #977 - Hartford Jewish Federation Resubdivision, Lot #29 App. #972 - Allied Plywood Corp. Site Plan, Lot #6 Please be advised that the Public Hearings in the above matters have been scheduled for Tuesday, March 6, at 8: 00 P. M. in the Council Chambers of the South Windsor Town Hall. Signs advertising the hearing must be posted on the property for 10 consecutive days prior to the hearing (by February 24, 1984) . One should be posted on Connecticut Avenue in front of Lot #6 , and another on the berm to the rear of Lot #6 for the Allied Plywood application. A sign should be posted on Savin Drive in front of Lot #29 for the resubdivision application. The signs may be purchased in the Town Hall at a cost of $5 each. Yours very truly, PLANNING & ZONING COMMISSION vg By :ad - obert F. Gill gan, Cha' rman CC: Mr. John Pynchon, 2882 Main St. , Hartford 06101 Edwin Lassman, Esq. Mr. Joseph Russo, Palmberg & Russo c w" af� y = T_aw� ap s 0 cw 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•C0 AREA CODE 203/644-2511 =r TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, FEBRUARY 23, 1984 THURSDAY, MARCH 1, 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION Notice is hereby given that there will be a public hearing of the Planning & Zoning Commission on Tuesday, March 6, 1984, 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 Douglas W. Johnson for a zone change from RR to A-30, for approximately 76 acres, located at the northwest quadrent of Dart Hill Road and Newmarker Road. 2. Application of Jean Marc Jacques for a zone change from RR to A-30 for approximately 60 acres, located on the east and west sides of Newmarker Road. 3. Application of Hartford Jewish Federation for a resubdivision of land on the west side of Savin Drive, consisting of approximately 3.13 acres, being Lot- #29, IP zone. 4. Application of Kurtz Brothers Realty for a site plan of development for property located on the west side of Savin Drive, consisting of approximately 3.13 acres, being Lot #29, IP zone. 5. Application of Allied Plywood Corp. for a site plan of development for property located on the east side of Connecticut Avenue, north of South Satellite Road, consisting of approximately 3.93 acres, IP 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 Robert F. Gilligan, Chairman David Sorenson, Secretary iE, t� a r T-Own 07e S ?O&U&ot x �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 R•co�'� AREA CODE 203/644-2511 February 24, 19g4 Mr. John Pynchon Allied Plywood Corp. 2882 Main Street Hartford, Connecticut CERTIFIED MAIL, Dear Sir: At the meeting held February 22, 1984, the South Windsor Inland Wetlands Agency approved with conditions Application NO, 266 by Allied Plywood Corp./Savin Bros. , Inc.for proposed construction on Lot #69 Connecticut Avenue, South Windsor, Connecticut. The permit is based on the plans entitled "Allied Plywood Corp. (East Coast Mill Sales, Inc. ) Site Plan, Park Centre, South Windsor, Connecticut," drawn by Palmberg and Russo, dated 1/10/84, Sheet 1of 1 . The following conditions must be adhered to for this permit to be valid: 1. This proposal is subject to the approval of the Town Engineer, 2. A Conservation Plan including sequence of operations, erosion and sedimentation control measures and land- scaping. 3. The Conservation Plan shall be submitted to and ap- proved by the Conservation Commission. 4. The applicant shall indemnify and hold harmless the Town of South Windsor against any liability which might result from the proposed operation or use. 5. The permit is valid for one year and shall expire if Mr. John Pynchon Corp. Allied Plywood Corp. 2882 Main Street Hartford, Connecticut Letter of Permit - Application NO. 266 February 24, 1984 Page 2. not initiated and completed within one year from the date of approval. Very truly yours, 6-edstance Eriksson, Chairman INLAND WETLANDS AGENCY TOWN OF SOUTH WINDSOR CE:chm cc: Robert G. Kaye , Savin Bros. , Inc. Edwin A. Lassman, Esquire Joseph Russo, Palmberg & Russo A. B. Davies, Deputy Town Engineer Charles Enes, Town Clerk Richard J. Sartor, Town Manager ZR ichard Ryan, Deputy Mayor bert Gilligan, Chairman, PZC Thomas D'Auria, Building Official Peter De Mallie, Director of Planning Kenneth Brill, Chairman, EDC February 28, 1984 To Members of the South Windsor Planning & Zoning Commission: I am writing to ask for your support in rejecting the new application of Savin Bros. and Allied Plywood to build a warehouse in Parkcentre adjacent to Barbara Road in Pleasant Valley Estates. The objectionable features of this building are still the same namely: 1) the unsightliness of the massive steel building abutting a residential area, 2) the proximity of the railroad siding with its boxcars and 3) the operation of trailer trucks, generating noise, dust and fumes. The boxcars and trailer trucks also pose a danger to the children in the area. If this most unattractive structure is allowed to be built on the site requested, the reduction of home values will occur and a precedent may well be set allowing buildings of this type to be built all along the perimeter of Pleasant Valley Estates with no regard for the residents. This would even further reduce the value of our homes and the quality of our neighborhood. I have been a resident of Judy Lane and a taxpayer for over 22 years and I most urgently ask your assistance in helping to reject this latest application of Savin Bros. and Allied Plywood. Thank you. Very truly yours, J'a 4J , Claire W. Ek 1 ROBINSON , ROBINSON Sc COLE LAW OFFICES 799 MAIN STREET HARTFORD,CONNECTICUT O 103 �A� 5 (203)27®-0700 March 1, 1984 1275 SUMMER STREET 117+ STAMFORD,CONNECTICUT 06905 • (203)964-1200 Charles Enes, Town Clerk - TELEX BOTH OFFICES:SS-4407 Town of South Windsor _ 1540 Sullivan Avenue PLEASE REPLY TO HARTFORD OFFICE South Windsor, CT 06074 Dear Mr. Enes: I am writing to you on behalf of our client the Pleasant Valley Estates Resident Association to request that you send me copies of all notices of all re ular and �- special meetings and corres on ence concerning the app i- _ a ion oAllied Plywood Co. forsite plan approval for a warehouse to be located on Lot #6 in Parkcentre, South Windsor. This request is made pursuant to Section 1-21c of the Connecticut General Statutes. V truly yours, ,dith M. Netter, Esq. EMNdw r = cc: Peter DeMallie Robert Gilligan, Chairman of the South Windsor F Planning and Zoning Commission t,dsor Sough `N i Comm�sson & toning ptannin� VC Jam' p � LAW OFFICES ROGIN, NASSAU, CAPLAN, LASSMAN & HIRTLE EDWARD S.ROGIN 111 PEARL STREET LOUIS E.NASSAU JEROME E.CAPLAN HARTFORD,CONNECTICUT 06103 EDWIN A.LASSMAN ARTHUR M.NASSAU TELEPHONE 4203)278-7480 A.NED ROGIN ROBERT L.HIRTLE.JR. STEVEN D.BARTELSTONE DAVID M.CALL PAUL B.ZOLAN DAVID J.HEINLEIN JANE A.BOYLE JOAN G.GUINEY PHILIP L.STEELE FREDERICK D.AUGENSTERN March 6 , 1984 YOLANDA SEFCIK Town Planning and Zoning Commission South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Dear Sir or Madam: The undersigned respectfully requests that the application of Allied Plywood for site plan approval be withdrawn without prejudice as a result of an incomplete application. Very truly yours , ALLIED P WOOD By Edwin A. Lassman Its Attorney EAL: dmb C � v T-Own 0-le S-0� ?d&U&Ot 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 ��'►'dsoe; o�' AREA CODE 203/644-2511 s March 7, 1984 t t Edwin A. Lassman, Esq. ` 111 Pearl Street Hartford, Ct. 06103 Dear Ed: Re: App . # 972 - Allied Plywood Co. Site Plan of Development i I Please be advised that the Planning and Zoning Commission voted last night to permit the above application to be withdrawn, without prejudice . Yours very truly , PLANNING AND ZONING COMMISSION 42 vg By: Robert F. Gill an, Chair an CC: Edith M. Netter , Esq. , Robinson, Robinson & Cole 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 oR•co AREA CODE 203/644-2511 TO BE PUBLISHED IN, THE JOURNAL INQUIRER SATURDAY, MARCH 10, 1984 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the March 6 , 1984 meeting, the Planning & Zoning Commission voted to take the following action: 1. Permit Allied Plywood Co . to withdraw, without prejudice, its application for a site plan of development for property known as Lot #6 , on the east side of Connecticut Avenue , north of South Satellite Road, consisting of 3(93 acres , IP zone. Dated at South Windsor, Connecticut this 7th day of March, 1984 . PLANNING AND ZONING COMMISSION Robert F. Gilligan, Chairman David Sorenson, Secretary PALMBERG & RUSSO MEUTEM (IFIrokROMIMML 522 Cottage Grove Road BLOOMFIELD, CONNECTICUT 06002 DATE JOB NO S40C)? ATTENTION (203) 242-2775 RE TO o C n no I i CA WE ARE SENDING YOU KAttached ❑ Under separate cover via the following items: ❑ Shop drawings Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order ❑ COPIES DATE NO. DESCRIPTION 4,451 ��Co 5 , J Z-8A AZCO i-r c Tv AL, as THESE ARE TRANSMITTED as checked below: D<Forapproval ❑ Approved as submitted ❑ Resubmit copies for approval ❑ For your use ❑ Approved as noted ❑ Submit copies for distribution -- ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ El FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO -U - r 6.2 REMARKS �tr W%,n S 1SS10I1 otanDt�g �` tanr COPY TO SIGNED: If encl cures are not as noted, kindly n tify us at on PRODUCT 240-2 �Inc,Gmtm,Maa 01471 PALMBERG & RUSSO LFEUTE J b F U 522 Cottage Grove Road BLOOMFIELD, CONNECTICUT 06002 --� DATE JOB NO _ � D ATTENTION (203) 242-2775 RE TO alp 'Sz0 Lam'W= Wj Cn fit WE ARE SENDING YOU E"Attached 0 Under separate cover via the following items: ❑ Shop drawings ❑ Prints ❑ Plans ❑ Samples ❑ Specifications ❑ Copy of letter ❑ Change order B�ES T,w AT' S MBE T COPIES DATE NO. DESCRIPTION c THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ Approved as submitted ❑ Resubmit copies for approval Bl-for your use ❑ Approved as noted ❑ Submit copies for distribution ❑ As requested ❑ Returned for corrections ❑ Return corrected prints ❑ For review and comment ❑ ❑ FOR BIDS DUE 19 ❑ PRINTS RETURNED AFTER LOAN TO US REMARKS rh r i APR 984 ca"7 ice COPY TO SIGNED: It enclosures are not as n ted, kindly notify us at once. PRODUCT 242 JKEG jw_&mM IIQ 01471 PALMBERG & RUSSO 522 Cottage Grove Road SHEET NO _—�___._ .__ C)r BLOOMFIELD, CONNECTICUT 06002(203) 242-2775 CALCULATED 8Y DATE CHECKED BY .J DATE4- aN-r mmiNRA • 3 a_), - C_l_E AiZ,��1 Cam , iZJ341 C� -- -�- --- -- ------- 1B.700 - -- - i is Ts r cl IVA i T ............... f , ..... ....._...--- . ........_........... _... . - _. ...------.--. ---. Z.J _ ... __... - ...._. i i i ...._.._.._.._.._y-._ i..__.._-J-.__.._..J___....♦...._.._ - ._.. .r._........ -..._ _..._.. .. _.......... ._....._.__. .__.. __ - _ - 0 .......... . 1.5 ----------- M0 O 2/ kv-WWL Ilan 11471 � wNaE,` C � T-Own olle Soa� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 I�oSOR,co�'`' AREA CODE 203/644-2511 June 4 , 1984 Edwin A. Lassman , Esq . 111 Pearl Street Hartford, Ct . 06103 Dear Sir : Re: App . #1000 - Allied Plywood Corp . Site Plan of Development , Lot 6, Parkcentre Please be advised that the public hearing in the above matter has been scheduled for Tuesday , June 19th , at 8: 00 P . M. in the Council Chambers in the South Windsor Town Hall . Someone must be present at that time to present the application. A sign advertising the hearing should be placed on Connecticut Avenue in front of this property, and should be clearly visible from the road. It must remain for 10 consecutive days prior to the hearing and should be in place by June 8th. The sign may be purchased. in the Town Hall at a cost of $5 . Yours very truly , PLANNING AND ZONING COMMISSION vg By : 'j 1�i� Aobert F. Gilligan, Chalirman CC: Mr. R. Kaye , Savin Bros . , Inc. Edith Netter , Attorney for Pleasant Valley Estates Residents Assoc . Mr . Joseph Russo , Palmberg & Russo Sow N sf'q OD n � s ?dilld46-at 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 SOR-Co AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY , JUNE 7 , 1984 THURSDAY , JUNE 14 , 1984 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 19 , 1984 , 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 Allied Plywood Corp . for a site plan of development for property located on the east side of Connecticut Avenue , known as Lot 6 , Parkcentre , as shown on plans prepared by Palmberg & Russo , Land Surveyors and Professional Engineers , dated 3-13-84 , No . 84002A, IP zone . A copy of this application and maps more clearly defining the property are on file inthe 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 Robert F. Gilligan, Chairman David Sorenson, Secretary 9 To: Chairman and Members Planning and Zoning Commission Town of South Windsor From: Lewis J. Miller and Sharon B. Miller 31 Barbara Road South Windsor, CT 06074 Date: June 19, 1984 In re: Allied Plywood Application We recommend denial of this application by Allied Plywood for the attached reasons. f r L wis J ller and Sharon Miller Written Statement of Troxell Snyder, 65 Edgewood Dr. June 19 , 1984 THIS PROPOSED USE IS INAPPROPRIATE FOR THIS LOCATION AND WILL HAVE A SIGNIFICANT, NEGATIVE IMPACT ON THE PLEASANT VALLEY ESTATES NEIGHBORHOOD AND THE TOWN OF SOUTH WINDSOR IN GENERAL 1. The proposed structure is a large metal warehouse serving only as a transfer terminal for goods brought in by rail. The goods (plywood) are stored and transferred to large trucks for local distribution. 2 . The original Parkcentre concept called for a wide variety of uses on the general site, with corporate offices and research & development facilities abutting the existing residential neighborhood, complete with well designed and attractive land- scaping that would enhance the livability and value of both the commercial and residential properties. 3. Today, the Commission is considering an application to allow the construction of a huge tin truck terminal with only the minimum spacing and buffering separating it from the residential neighborhood. 4 . I personally have attended meetings of the Mayor' s joint economic development committee which recently discussed the town' s ideas and plans for future economic growth. This Commission, comprised of members of the Town Council, the standing Economic Development Commission, and the Planning and Zoning Commission, clearly presented the view that future warehousing operations should be discouraged from locating in the town. 5 . Warehousing operations are unsuitable in South Windsor for a number of reasons : They are generally unsightly and noisy, with a great deal of vehicular activity such as trucks, forklifts, etc. South Windsor is already, according to a recent survey by Hurwitt & Simon as quoted by the Town Planner in a recent joint committee meeting, third behind Hartford and East Hartford in total available warehousing square footage. More warehouses could well move this town into a dubious leadership position. Warehousing brings in minimal taxes as compared to other types of industrial activity such as light manufacturing, As the Commissioners well know, poor development attracts nothing but more poor development, and also tends to drive away those types of uses that would be termed attractive by most of those present here tonight. The way to stop Industrial Garbage such as this from coming into South Windsor is not to draw a line around a particular section of town and allow all the poor development to occur there in the hope that it somehow can be contained and that potential industries will somehow recognize that if they move into the "good" end of town their investment will be protected. The simple way to prevent Industrial Garbage form coming into town is to reject it at every instance and it is never too late to begin - either for Parkcentre or for the Town of South Windsor. c) The last myth I would like to discuss is the charater- ization that has been made of this conflict as being one between the developer-landowner and a small group of vocal residents who are opposed to all development. To these statements I would like to respond by pointing out that the number of signatures on the petitions submitted earlier this evening show that the number of residents concerned about this particular site plan is not small, it is in fact quite large and extends well beyond those in the immediate vicinity of Lot #6. As the Commissioners may recall Savin Bros. has not been opposed by residents for recent applica- tions submitted for site plans located a significant distance from the residential zone, and in fact, members of the resident' s association spoke in favor of the application of Mr. Oliveri on South Satillite Road directly abutting Barbara Road residents ! Additionally, it was the conclusion of the Mayor' s joint commission that South Windsor does not want to encourage the further building of "warehouses in Quonset huts" due to the low tax revenues and the undesirable image such uses project. Add to this the undesirable impact on tax-paying residential properties , and this application can clearly be seen as being not only inappropriate and harmful to the nearby residential properties, but undesirable and unacceptable to the Town of South Windsor as a whole. 9. I strongly urge you to reject this application with prejudice. Troxell Snyder, June 19 , 1984 F G y, I BRESCOM i I3RESCOME' DISTRIBUTORS 85 SOUTH SATELLITE ROAD LOT 12 , (NUMBERING 13Y ASSESSORS MAP) BUILDING : 66,660 SQUARE FEET ON 4.68 ACRES BUILDING HEIGHT: 21 FEET REAL ESTATE ASSESSED VALUE *9379100 ($14.00 SQ. FT. ) PERSONAL PROPERTY ASSESSED VALUE $91,529 (*1.37 sq. ft. ) (1983 GRAND LIST - 140 AUTOMOTIVE) 1� rC r,+HR SUPERIOR SALES , 125 SOUTH SATE L-LTE ROAD MA P) LOT 13 , (NUMBERING BYASE r BUILDING 19 ,1�()0 ,SQUAR.F FEET ON 2 .1 ACRES BUILDING HEIGHT: 19 FEFT � REAL ESTATE A;3SF5:3FD VALUE $1$7,90d ( 0.6$ S T. ) PERSONAL PROPERTY ASSESSED VALUE $19,750 ($1..02 SQ. FT . ) (1983 GRAND LIST NO AU'rOMOTIVE) If PLI I C .R.T .D. ASSOCIATES 145 SOUTH SATELLITE ROAD LOT 15 (NUMBERING BY ASSESSORS MAP) BUILDING: 159000 SQUARE FEET (1. 51 ACRES ) BUILDING 1jFI(',HT: FRONT 13 FEET REAR 17 FEET (WAREHOUSE SECTION ) REAL ESTATr A:3SFSSED VALUE *1409900 PERSONAL PROPERTY ASSE:-3SED VALUE I'll,2 50 ($0.75 SQ• FT. ) ( 1983 (IRAND 1.IS"O • r` SMYTH BUSINESS SYSTEMS 161 SOUTH SATELLITE ROAD LOT 16 (NUMBERING BY ASSESSORS MAP) BUILDING: 12 ,007 SQUARE FEET ON 2 .0 ACRES BUILDING HEIGHT : FRONT 13 FEET REAR 13 FEET REAL ESTATE ASSE33ED VALUE $18$3 500 ($15 .70 SQIJARE FOOT ) PERSONAL PROPERTY ASSESSED VALUE $1.4214.00 ($1] .86 SQUARE FOOT) (1983 GRAND LIST ) OCCUPANTS : B & M PROCESSING $139,350 HFD. BUSINESS 3 ,050 MACHINES S v Y �k�Y.`k. ,'' ",• _ �`fit;.,a }rr' _o � . SZABO FOOD SERVICE, INC . 175 SOUTH SATELLITE ROAD LOT 138 (NUMBERING BY ASSESSORS MAP) BUILDING: 10,000 SQUARE FEET ON 1 .17 ACRES BUILDING HEIGHT: FRONT 3.2 .00 FEET REAR 18 .On FEET REAL ESTATE A 33ESSED VALUE $66,700 ($6.67 SQ. FT. ) PERSONAL PROPERTY ASSESSED VALUE - $139, 520 ($13 .95 SQ. FT. ) (1983 GRAND LIST - NO AUTOMOTTVE) r .1 •r 4 ) y THIS IS A VIEW LOOKING NORTH TOWARDS THE ALLIED PLYWOOD PROPOSED SITE TAKEN BETWEEN LOTS 15 AND 16 CRTD #145 AND SMYTH #161 BUILDINGS . NOTE THE LACK OF BUFFERING TO THE EAST (YOUR RIGHT) AT THE BERM AND ALONG THE SOUTH SIDE OF THE BERM. THE RESULTING BERM AND PLANTINGS ARE NOT IN ACCORDANCE WITH WHAT IS SET FORTH IN PZC MINUTE BOOK PAGES 1469 TO 1472 INCLUSIVE JUNE 121 1973 . � y , i sr s e_ 1 1 l s t TOR Ile _ 1 THIS IS A VIEW LOOKING EAST BETWEEN THE BERM AND SUPERIOR SALES AND (;RTD ASSOCIATES. NOTE THE LACK OF PINE TREES ALL THE WAY DOWN TO ABOUT THE MIDDLE OF THE BACK OF THE SMYTH BUILDING. SEE REQUIREMENTS OUTLINED IN JUNE 12 , 1973 PZC MINUTES . THE ALLIED PLYWOOI) SITE IS TO YOUR LEFT AS YOU FACE THIS PICTURE . r , `,ti . T �, _ ff L/ �-•�+f�R. � ,� _< �,'. _ � ' ,/ < "yam`'�y � i ! ' 1 1 RESIDENCE AT 23 BAHBARA ROAD RESIDENCE AT 31 BARBARA ROAD LOT #19 (A S5E 5SOR5 PIA P) LOT #18 (ASSEJSORmJ MAP) My name is Philip Braender, 83 Elizabeth St. , where I have lived since 1962 . We would like, to show some pictures which bear on the hearing tonight. If you know these scenes, we ask your indulgence so these pictures may be made part of the record of this public hearing. The Parkcentre concept began to take shape in 1967 and was presented to town officials at the Sonesta Hotel in Hartford in 1967 and again at the Podunk Mill, South Windsor on October 17, 1967. The Parkcentre proposal is represented by this brochure. The emphasis was that the residents had nothing to worry about. Their property values and quality of life would be protected since the abutting area to the homes would be low profile research office and technology type buildings on well landscaped and buffered lots. The area would be beautiful. The Savin Brothers, Inc . letter of June 29,1968 and the reprint from the February 12,1969 Journal Inquirer further substantiate this. The immediate area to the proposed Allied Plywood site abutting Barbara Road was completed in 1962. The following pictures show how the homes have been kept up, added to and improved. These homes no one need be ashamed oj:. You, too, can be proud of the area. The southerly end of Parkcentre began to take shape with Duroform (1970) Hahn Building (1970) Brescome and Superior Sales in 1971. The first building to approach the homes requiring a berm, plantings, fiv foot trees and bufferingg was CRTD Associates in June 1973 • See PZC minute book pages 1469, 1470, 1471 and 1472. This was followed by Smyth and Szabo in 1973 and 1974• You will note that the highest building (21 feet) Brescome Distributors is more than 500 feet from the residences. Furthermore, with the exception of Brescome, Superior Sales and CRTD Associates the buffering between the residences and the industrial buildings completely screens the residences for the most part. The proposed Allied Plywood warehouse 53 ,040 square feet is larger than the combined area of the three closest buildings to the -homes, 37,000 square feet for Szabo, Smyth and CRTD Associates. In fact, all four buildings east of Connecticut Avenue only total 569400 square feet versus Allied at 53 ,040 square feet! The Allied Plywood building is too big and overpowering for this location. Why not put it on the available 10 acres south of the G. Fox building along the railroad and route 5 where it belongs if Allied Plywood insists upon being located in an industrial park zone. See the attached letter from Dow-k- Condon, property data sheet and location plan for these 10 acres. • .. r f We respectfully urge that you deny this application. HERBERT C. SAVIN MARVIN S. SAVIN t SAVW "'ROT 13 ----- RS INC* 522 COTTAGE GROVE ROAD • BLOOMFIELD, CONN. 06002 POST OFFICE BOX 73 • TELEPHONE 242-7721 June 28, 1968 Mr. Terry Sprenkel Town Manager Town of South Windsor Town Hall South Windsor, Connecticut Dear Terry: I thought that perhaps it would be timely if I wrote and gave you a short report on the progress of our Parkcentre Project at this point. We are proceeding with the entire project exactly as planned. Needless to say, we spent nearly a year, and a great deal of money, with the people we felt were the best in the business to arrive at a Master Plan which would reflect the finest and most advanced planning for a project of this nature. Having arrived at that goal, we intend to pursue the development of this plan to its logical conclusion. At the present time we are deep in design of the exact road, drainage and utility layouts. This phase of the work is being handled by James P. Purcell Associates of Hartford. We feel that they are without peer in this field, and much of the work they have done in this area bears witness to our belief. I'm sure that I don't have to tell you the amount of effort and time that must go into design work of this nature. Many fac- tors must be studied carefully, and then they must be brought together and their effect upon one another must be judged so that the proper decisions can be made. I'm sure that you know that everything takes a little bit longer than you antici- pate in the beginning of a project, for instance aerial mapping and topography of the land was supposed to take thirty days, and wound up being delivered in ninety. However, we are press- ing the issue, and at the same trying to be extra careful, since we realize that many people will have to live with our decisions for many years. REALTORS DOW & 111 PEARL ST., HARTFORD, CT 06103 JOHN C.GUNNING,SIR CONDON JAaMs'de�t (203) 249-6521 remver DeMUND,SIR ROBERT E.HILER,GRI NICHOLAS R. MORIZIO,SIR IRVING C.HARNEY,JR.,MAI June 18 , 1984 Mr. W.B. Braender Braender Engineering PO Box 6 South Windsor , CT 06074 Dear Mr. Braender: RE: 10 Acres+ Governor ' s Highway, South Windsor , CT It was a pleasure discussing with you the 10 acre May Co. parcel . I have enclosed a data sheet and plot plan for your review. The selling price is $25,000 per acre. As I mentioned, the dimensions are approximately 550 ' x 800 ' . Access will be mutual and shared with the Seller. In addition, the Seller will deed 100 ' frontage x 150 ' depth to Buyer to comply with the Town of South Windsor subdivision regulations. If you have any questions or require any additional information, please call me at 249-6521 . I look forward to hearing from you. Sincerely, ✓Y. , oseph G. Perotti JGP/mgw enc . Industrial Commercial Investments Appraisals s Hartford, Connecticut 06103 SIR, MAI, CID, GRI, CCIM 203-249-6521 .. .... ._ ••. .. - �. ...• .. .•. •• - • PROPERTY DATA SHEET j "1"rION 1 OWN SOUTH WINDSOR ;" :. z ' .. o. E _- •I P • ' 5 Governor s Highway -STREET � .. i•Y�:.t' l+ i, !10•• ' 1lOo' lt0.o• '....r^awe—•.i y a j$9 ZONE .'�; --- ------- f ; ;If.O��.!'� •. I . � ,I . PE OF PROPERTY LAND I • �IHdi r. o.e' I I � �J. PRICE $2 5 0 , 0 0 0/ $2 5 , 0 0 01 a c . LEASE/SALE SALE rqol BUILDING SIZE 10+ acres AREA �,• � � �' S r � 1 ° ,•� � I let// JILDING & LAND BUILDING o M ! / i/� / , •� I ILATOTAL SQUAREFEE-I- -, . Ii:.I. . •i •-IIY. ir +.. .►....% 1!1L.L�' ..v••raw j' 1 . NUMBER OF STORIES 1 PICTURE OR SITE PLAN SO. FT, AVAILABLE 1 SHOP AREA- ' • . . BUS DUCTS ' OFFICE AREA GAS City - Governor ' s Highway -' ,\ND AREA MECHANICAL EQUIPMENT FRONTAGE DEPTH 8 4 , HEATING � PARKING SPACES AIR CONDITIONING 1 NOTE : SPRINKLER a South Windsor required 100 ' of OTHER EQUIPMENT ' frontage for a, stibdivis ion. . May Department Stores will deed TAXES 100 } frontage x 150 ' depth to , MILL RATE— RATIO.— YEAR 1 buyer. Access will be mutual and shared with sellers . ASSESSMENT DATE BUILDING(S) LAND OTHER 1 TOTAL TAXES $ to be determined after 1 • sul5division PROPERTY FEATURES .• ,�zr•� tT'*1rS—; 1 L•7�r' Y•sal:�,!C..'tiyC:"•,•aT••y':r:• ., , f ' � 1.(y. r���•�a k•'•. a:i3 47 .7}y. .� . 1 ,'..I SIDING In ace on Ct�l ►.'.��t• �; ;�: r, :,:.rs.;,,.,4:�s,;<< ;':t�.a•::,.t:, ;;�:,;.r ;r;;;:l RAIL SIDI west pr�,�.pJ r :y line TILiTIES REST ROOMS _a_—..MALE FEMALE WATERCity-Governor' s Highway ELEVATORS) _ • SANITARY SEWER City-adjacent to City ,prop , CAPACITY � catch basins in south lane , .STORM SEWER FUEL TANKS end of site EXPANSION CAPABILITIES 1701000SF Bldg . ELECTRIC SUPPLY permitted 40% coverage 'and 65% per- Volts' Amps. P h s _.-- FENCING • 13'77 s 7' 40 1 I Oro.O co • � �Z,000 sFi} � FUTUMAL t6.¢J�ca CLo� I I I Q CFO i' NJ FUTURE / ; 10 a 0 ` NE I 81 41 i0 \� liz A/9 IOao 70,oho ..F 4 70,WO .S F = 10 N EXPANSION I IV IX w I 5 IS`SlrlgrVN FWw ----'�I�� NFM TMCK \ J o N ►J F I T C M B O U L E V A R D rrf- 7t - z1o471 = LOCAT ION PLAN moo-c Widtiiesday, February It, 1969• •'Thil J urnal Inquirer yY m F ^b Rti - .. NEAy cc vJBERRY FDGF� s qY o _EL_ TO _ RAN Opp z { ti BF o O O � CO wi'J a1 D ® 1 C9 _ J ' M/L L POND ®� pgRRON o _ vo I�: O J pL�aS�Nq�� �I JAR w Fj- ' �R RpNoA � - KEY MAP' SCALE IN-FEET 0 I0(y) ";`Ix SHOWN HERE is the network of roads for Parkcentre as lined area at the right is 100 acres on Ellington Rd. re- propos'd by Savin Bros., and given partial approval by served for residential use and apartments. the Planning and Zoning Commission. The heavily out- . ,- ., anrners aSome oa sFor- Parkc6ntre South Windsor — The Plan- intersects with Governor's to the intersection of North Ring partment and the railroad shall ling and Zoning Commission Hwy-. On the developer's road Rd.. Ring Rd. down to the be done by the developer.' tas given approval to some of plan. this point will be one of intersection of North Ring Rd.. Carino said that --final ap- he proposed roads layout for four entrances into- the com- Research Rd. and North Ring proval was given to the.North- he S75-million ' Parkcentre plex from Governor's Hwy. and Rd. Excluded is Parkcentre ern portion of Nutmeg Rd. ' evelopment in the200 acres will be -designated Research Blvd. Southern portion of Nut- extending between Governor's Iwned by Savin Bros. East of Rd. meg Rd-- Southern portion of Hwy-. and the final location of tt. 5. In a letter from commis- Satellite Rd.. South Satellite Parkcentre -Blvd. - subject to Final approval of other roads Rd. and the Southern portion an alterations -in drainage as as been withheld sion chairman Joseph J. of Ring pending a Carino to Edwin A. Lassman. Rd' mad result in a relocation of elocation of Parkcentre Blvd.. "and' signalization or other the intersection of Nutmeg counsel for Savin Bros.. Cari- traffic control measures re- . ►•hick will be the main entrance Rd. and Parkcentre Blvd.- o the business - industrial _ no said that action on the pro- quired will be handled by the esidential complex- from, Rt. Posed layout -was taken at an developer. The developer will .. Parkcentre Blvd.. it was executive session of the com- understood. will I be: located mission. The letter _informed handle all T negotiations with slightly to the South from where When the entire network. with ' Lassman: the Public Utilities Commission the developer proposed. evisions.,is found acceptable: -regarding', the %videning of 'ewberr,% Rd.. from Rt. to "Preliminary- approval ivas Governor's Hwy. at, Rt. 5:_ Robert,G. Kaye. Director of : Hwy-.Hwy.. will be given to the Northern half of Governor's Hw . will be pared Development for Sarin Bros. iscontinued. and the develop- the road layout to 'include the - for a width of 36 feet from Rt. estimated there would be r will widen Governor's improvement of" Governor's 5 to the intersection of about four rgiles of roads in the 36 feet from Rt. 5 to a Hw,... the upper portion of Nut- Research Ril. V11 negotiations complex. all utilities will be oint where Newberry Rd. now meg Rd. Satellite Rd. down with the State Highway De-'- underground.- _ Lt �Ll To : South Windsor Planning and Zoning Commission ' Re : Allied Plywood Company, Inc. Re : Performance Standards - Noise Levels Fork Lift Tow motor trucks equipped with back-up beepers and/or horns will emit noise in the range between 85 and 95 DBA at 50 feet depending upon the manufacturer of the equipment, i.e. Edwards Co. , Inc. , a division of General Signal Corp. , Ben, amin Electric, Bullard and Federal Signals Corp. , Blue Island, Illinois plant. Truck Noise 85 �;o 90 DBA at 50 feet Railroads Rail siding switching, hook-up and yard noise 85 to 90 DBA at 50 ft. Roof Type Exhaust and/or Ventilating Fans or Rotating Turbines To insure adequate noise control the fan tip speed (3600 FPM max. ) and sound power levels ($.5 sones max. ) must be specified and made part of any approval. Sound attentuating roof curbs must also be specified. To control 1 the noise emission from the railroad an "L►, shaped sound barrier at least as high as the building has to be incorporated into the site plan. Otherwise, the noise levels in the. regulations cannot be met. The truck noise may be controlled by either doing all loading and unloading inside the building if it is insulated or building an attached building to enclose the trucks at the four loading docks. The L shaped sound barrier at the east end of the building will also serve to control the fork lift truck beeper or horn noise when unloading the rail cars. This leaves the problem of the building itself. The inside walls of the building must be insulated. Otherwise, the noise will be transmitted through the steel building walls and across the property line to annoy the residents and exceed the noise limits in the performance standards. The four types of noise outlined above are "pure" noise at high frequencies as opposed to "white". Unlike "white" noise, the drop-off in decibels is minimal for "pure" noise for an additional 26, 31 or 50 feet. Needless to say, the burden of proof for compliance is with the applicant and we have not seen that this evening. Therefore, we urge that this application be denied. Thank you for your attention. March 6,1984 Page 2 REFERENCES: Accoustical Engineering Department, University of Hartford Handbook of Railroad Noise - NTIS-PB-833-1661733 AMCA, Inc . and ASHRAE Engineering Journals SAE ( Society of Automotive Engineers N.A.C.A. Inc. Springfield, N J Accoustical Engineering Department, University of Hartford - �9- PC/ THE SOUTH WINDSOR PLANNING AND ZONING COMMISSION Application of Allied Plywood Savin Lot #6 WRITTEN STATEMENT OF PETER BEHUNIAK, SR. 1. My name is Peter Behuniak, Sr. and I reside at 27 Rosko Street in Seymour, Connecticut. 2. I was in the nursery business for approximately twenty five years, from 1949 to 1973, the last fifteen years of which I was a registered nurseryman in the State of Connecticut. 3. As a result of my experience in the nursery business, I am familiar with the varieties of trees and bushes used for landscaping purposes, and have transplanted hundreds of seedlings and young trees from my nursery for landscape uses. 4. On February 20, 1984, I inspected the "existing evergreen trees" atop the earth berm intermediate the property of the Bartulas and Lot #6 as shown on the "Site Plan/Landscaping Plan" of Allied Plywood, as revised 1/17/84. 5. I found the "existing evergreen trees" to be approximately 19 young spruce trees having an average height of approximately four feet and an average width of approximately three feet measured at the widest branches. 13. It is also my opinion that the leaning of these spruce trees is not the result of vandalism or other human action, based upon my opinion in (8) above and my observation in (7) from which I conclude the spruce trees have been pushed over by the influence of the prevailing winds. Peter Behuniak, Sr. 27 Rosko Street Seymour, CT 06483 STATE OF CONNECTICUT ) ss: South Windsor March 1984 COUNTY OF HARTFORD ) Personally appeared, 47zr� who being duly sworn, made oath to the facts stat d in the foregoing statement, to the best of his knowledge, informat and belief, fore me. Commissioner of th S rior Court Written Statement of Troxell Snyder, 65 Edgewood Dr. June 19, 1984 THIS PROPOSED USE IS INAPPROPRIATE FOR THIS LOCATION AND WILL HAVE A SIGNIFICANT, NEGATIVE IMPACT ON THE PLEASANT VALLEY ESTATES NEIGHBORHOOD AND THE TOWN OF SOUTH WINDSOR IN GENERAL 1. The proposed structure is a large metal warehouse serving only as a transfer terminal for goods brought in by rail. The goods (plywood) are stored and transferred to large trucks for local distribution. 2 . The original Parkcentre concept called for a wide variety of uses on the general site, with corporate offices and research & development facilities abutting the existing residential neighborhood, complete with well designed and attractive land- scaping that would enhance the livability and value of both the commercial and residential properties. 3. Today, the Commission is considering an application to allow the construction of a huge tin truck terminal with only the minimum spacing and buffering separating it from the residential neighborhood. 4 . I personally have attended meetings of the Mayor' s joint economic development committee which recently discussed the town' s ideas and plans for future economic growth. This Commission, comprised of members of the Town Council, the standing Economic Development Commission, and the Planning and Zoning Commission, clearly presented the view that future warehousing operations should be discouraged from locating in the town. 5. Warehousing operations are unsuitable in South Windsor for a number of reasons : They are generally unsightly and noisy, with a great deal of vehicular activity such as trucks, forklifts, etc . South Windsor is already, according to a recent survey by Hurwitt & Simon as quoted by the Town Planner in a recent joint committee meeting, third behind Hartford and East Hartford in total available warehousing square footage. More warehouses could well move this town into a dubious leadership position. Warehousing brings in minimal taxes as compared to other types of industrial activity such as light manufacturing, office space, or other service related industries that require significant amounts of capital equipment that is taxable by the town. EXAMPLE Allied Plywood rents a warehouse in Hartford today and paid, according to the Hartford Accessor, only $6-9.8 in personal property taxes in 1983! 066>-- Real estate taxes are in fact payable , it is true, but recognize that the structure is comparatively inexpensive and that the high volume of heavy truck traffic on Connecticut Avenue will require extraordinary maintenance to keep it in suitable repair. 6. I further ask the Commissioners to consider the impact of the erection of this building on the property values of the adjacent neighborhood. The building will be visible all the way down Barbara Road and Judy Lane, blocking out the sky and dominating the horizon. At the last public hearing in 1981, when Allied Plywood presented a similar application, residents introduced a real estate appraiser who testified that this type of use and structure would lower property values of not only the abutting homes but of the neighborhood in general (Trans. pg. 2) I ask the Commissioners to consider the Architect' s rendering introduced by the residents and to reflect in your own minds regarding the desirability of purchasing a home on this street after the construction of the proposed warehouse . 7 . Another consideration is the fact that Lot #6 is the first lot on Connecticut Avenue which, according to the Key Map winds around the Pleasant Valley Estates Neighborhood eventually connecting with the new Governors Highway. The building placed on this site will set the tone for the entire future development of the land c,6u►ttiK j t-+e res►d ei%*cJ eone 8 . Finally I would like to address and dispel certain myths that seem to be circulating with regard to this application. a) First, it has been heard from the town staff in various Commission meetings that the entire Parkcentre development was "ruined" when the G. Fox warehouse was allowed adjacent to Route 5 . As the Commissioners well know, poor development attracts nothing but more poor development, and also tends to drive away those types of uses that would be termed attractive by most of those present here tonight. The way to stop Industrial Garbage such as this from coming into South Windsor is not to draw a line around a particular section of town and allow all the poor development to occur there in the hope that it somehow can be contained and that potential industries will somehow recognize that if they move into the "good" end of town their investment will be protected. The simple way to prevent Industrial Garbage form coming into town is to reject it at every instance and it is never too late to begin - either for Parkcentre or for the Town of South Windsor. c) The last myth I would like to discuss is the charater- ization that has been made of this conflict as being one between the developer-landowner and a small group of vocal residents who are opposed to all development. To these statements I would like to respond by pointing out that the number of signatures on the petitions submitted earlier this evening show that the number of residents concerned about this particular site plan is not small, it is in fact quite large and extends well beyond those in the immediate vicinity of Lot #6. As the Commissioners may recall Savin Bros. has not been opposed by residents for recent applica- tions submitted for site plans located a significant distance from the residential zone, and in fact, members of the resident' s association spoke in favor of the application of Mr. Oliveri on South Satillite Road directly abutting Barbara Road residents ! Additionally, it was the conclusion of the Mayor' s joint commission that South Windsor does not want to encourage the further building of "warehouses in Quonset huts" due to the low tax revenues and the undesirable image such uses project. Add to this the undesirable impact on tax-paying residential properties, and this application can clearly be seen as being not only inappropriate and harmful to the nearby residential properties, but undesirable and unacceptable to the Town of South Windsor as a whole. 9. I strongly urge you to reject this application with prejudice. Troxell Snyder, June 19 , 1984 PLANNING AND ZONING COMMISSION JUNE 199 1984 SPECIAL MEETING AND PUBLIC HEARING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Gilligan,' Montana , Sorosiak, Smith, Sorenson ALTERNATES PRESENT: Hallowell (sitting for Mosher) SPECIAL MEETING 1 . App . #945 - Town of South Windsor, Nevers Road Park Chairman Gilligan explained that he and Mrs . Montana meta couple of times with Larry Brown from the Town Council , and the Town Manager , to discuss some way of getting the ball moving in the above matter, which was approved in February of 1984 . He said they felt they should try to put something on paper to bring to the PZC. There is strong feeling on the Council that they would like to go ahead with the park, but they wanted to find out what the problems were and overcome them. The Town Council has arranged for the Town Manager to go ahead and hire a professional architect . Mr . Gilligan continued that the PZC should not be designing the park, but its job is to look out for public safety and welfare , protect property values , etcetera , as outlined in the beginning _ of the zoning regulations . He noted that the process of one Town agency reviewing the plans of another is sensitive and this Commission is not looking to create barriers , and would like to see one site plan , review it and approve it , and not look for the Town to come back every six months . Councilman Brown introduced Gary Hath of CR3 which has been in existence since 1941 , who stated his qualifications and submitted a brochure listing some of the recreational/park facilities they have designed. Mr . Hath said he knows ballfields are required at the proposed park, but he would like to know how many , and what kind of passive recreation facilities are required . Public Works Director Robert Arsenault produced a map of the entire site. Mrs . Montana mentioned that apparently the high school needs some fields for this Fall , and Mr . Brown said that by July 1st they would like to have a soccer field and by next Spring need a softball field . Mr . Hallowell noted that those uses have already been approved for this site , and the only restriction the Commission had was that nothing permanent be constructed . Mr . Sartor said that was not his impression , and he said the Minutes do not reflect that intent . The Commissioners agreed that it was not their intent to prohibit a temporary ballfield , and Mr . Gilligan noted that the approval said no permanent improvements . Mr . Conde said he thought the Town would have a conceptual plan of the entire site , and Mr . Arsenault said the only one they have is the old one. Mr . Gilligan asked the Commissioners how much detail they want to see on the overall plan , and Mr. Hallowell said Planning & Zoning Commission -2- 6/19/84 this will be the largest piece of recreational land in Town and the Commission should see where each item will fit into the overall plan . He noted that a developer in Town would come in with a conceptual plan for the overall development and the Commission would approve it one phase at a time . Mr . Gilligan said that all uses should be shown, but the Town does not have to show exact sizes . Mr . Hath said he would assign a location for things like tennis , hardball , exercise track, and passive recreation areas , and once these are defined areas for cross-country skiing can be set aside . Mr . Hallowell said sanitary facilities and water for drinking should be provided,to satisfy the needs of 'kids , and they can ' t be running across the street to the police station. Mrs . Montana said the Commission was concerned with aesthetics and the original plan was to have ballfields on the corner , and a suggestion was made by a Commissioner to make this a landscaped garden type area , since this is the main area of exposure to the park. She said that she didn ' t think anyone of the Commission really liked the idea of ballfields on this corner . Mr . Gilligan noted that the Commission did approve a temporary gravel parking lot , but didn ' t want the Town to go out and spend thousands of dollars for dugouts, and other permanent improvements until the whole plan was reviewed . Mr . Hath noted that it looks like the Commission would like to get as much use out of the park at one time as it can, and Mrs . Montana clarified that the Commission would like it to be used by all the citizen$ , not just groups involved in organized sports . Mr . Conde reminded the Town Manager and Councilman Brown that right now there is a builder working in this area who is willing to put in the road , but he will be moving out of this area soon . He said he thinks the road should be opened up before this builder moves out of the area. Mr . Sartor said he was not about ready to permit work in this area without the Commission ' s approval , and Mr . Brown said he would take the blame for that because the Council got involved with budget hearings . Mr . Gilligan said consideration Should be given to how the road will meander , and Mrs . Montana noted that the Commission would not like to see a prize clump of trees cut down. Mr . Hath asked if it was agreed that Abbe Road Extension would be the main entrance and the Commissioners said yes , and Mr . Hallowell said he would like to encourage north/south traffic on that road rather than Nevers Road . Mr . Hath said that the corner of Sand Hill and Nevers is a flat area which could be used for soccer or football , but for aesthetic reasons this may not be desirable . He asked for some clarification and Mr . Conde suggested a few acres could be a good sized buffer area . Mr . Gilligan noted there should be plantings along the streets . Planning & Zoning Commission -3- 6/19 /84 Mrs . Sorosiak said she uDderstands it has now been - recommended that the community center be placed in this area, but this is for the Town Council to decide . Mr . Hath said if it it will fit someplace else he would like to know, and asked how large this community center will be . Mr . Sartor replied that it hasn ' t been designed yet , and Mr . Brown said it has been indicated that it would be multi-functional . Mr . Hath said he knows there ' s a lot of construction in South Windsor right now, and asked if it would affect what is desirable in recreation facilities , and Mr . DeMallie said he thinks the Town will see a stablization in the number of children for a while , and then possibly a decrease in children and growth in the number of elderly . Mr . Gilligan reminded everyone that the multi-family regulations require swimming pools , tennis courts , etc . , and the Commission is requiring more open space areas with its single family . developments . Mr . Hath asked if it is the feeling that there is a need for more ballfields , and Mr . Sartor replied that PARC feels there is a need , but the park that is being considered is larger than that and will have the ability to provide many things to many people . It probably will be the most well developed park in the community and will serve the greatest number of people . Mr . Gilligan noted that PARC may be predicting a need for many ballfields , but if you look at the trends there may be a need now, but what about the future? He said he thinks the needs of the aging population should be addressed , and the needs of a young , active group are more easily recognized. Mr . Hath said there is talk about a senior center and there could be trails for exercise , bocce and horse-shoes . Mr . Conde said he would like to see a garden area if this is going to be the center of Town, with walking trails . Mr . Hallowell said there should also be an area for a cookout , and he said probably only 5 per cent of the people in Town are involved in organized, active sports . He said he likes the security aspect of Wickham Park and the park can only be entered from a couple of spots . Mr . Sorenson said Hamilton Standard has a park which includes picnic area , a beautiful treed area with a pavillion, tennis courts , bocce , volleyball , swings , and also has ballfields . They even have a place for video games and ping-pong and a person who doles out the equipment . Mr . Hath said that Wickham Park has three or so ballfields scattered about , and picnic areas are interspersed . He asked the Commission if a park like Wickham Park gives a good feeling , and the Commissioners replied yes . Mr . Hallowell noted that some parks have an amphitheatre effect so that it ' s not necessary to bring chairs and erect bleachers to watch a game . Councilman Brown said he would like to summarize the Council ' s feelings . They support a balanced development as funds allow. The park is a long term, phased thing , and the Council wants to meet the needs of the citizens and would like to offset needs of the Board of Education and PARC . They would like to put in as much as they can as quickly as they can and serve all facets of the community . The idea of a community center was suggested for this Planning & Zoning Commission -4- 6/19/84 land and the first type would be a senior citizens type . Mr . Hath said he would like clarification as to how many ballfields should be in this park, and asked how they felt about two softball and two soccer fields , and one of the soccer would overlap one of the softball fields . Mr . Conde said he just doe.sn' t want to see another plan with 7 ballfields all next to each other . Mr . Gilligan said he ' s got no problem with 4 fields , and Mrs . Montana said it shouldn ' t appear the main intent of the park is to provide ballfields . Mr . Hallowell said it disturbs him a bit that the Town is just trying to satisf y- the Board of Education and Rec Department , and he ' d like to see a total park for everyone . Mr . Gilligan noted that the plan should have enough detail on it so that if someone wants to build or develop the bocce area , they ' ll know where it is . The secretary reminded the Commissioners that the deadline for filing the plan that was previously approved is July 29th , and asked if the Town will require another 90 day extension . Mrs . Montana said they ought to file the plan and start using the field , and Mr . Sartor reiterated that his understanding was otherwise . Mrs . Montana said that even though Mr . Sartor said the minutes do not reflect this , it was the Commission ' s intent to have the field temporarily used or the Commission wouldn ' t have specified the parking area be graveled. Mr . Sartor said he may go ahead and file the mylar . The meeting was adjourned at 8 : 05 P . M. PUBLIC HEARING 1 . Application of Allied Plywood Corp . for a site plan of development for property located on the east side of Connecticut Avenue , known as Lot 6 , Parkcentre , as shown on plans prepared by Palmberg & Russo , Land Surveyors and Professional Engineers , dated 3-13-84 , No . 84002A, IP zone . The Chairman appointed alternate Raymond F . Hallowell to sit in place of Ralph Mosher . The secretary read the legal notice as it appeared in the Journal Inquirer on June 7 and June 14 , 1984 , a copy of which is attached hereto . Attorney Edwin Lassman of 111 Pearl Street , Hartford, Connecticut was present on behalf of the applicant and made the following comments : This parcel is 3 . 9 acres and several years ago an application was made by the same parties for a site plan approval , which was denied . This site plan has been modified . Mr . Lassman introduced Joseph Russo of Palmberg & Russo , who stated his qualifications , and then reviewed the site plan consisting of Planning & Zoning Commission -5- 6/19/84 7 pages , the key map , the floor plan and elevations consisting of 4 pages , and a South Windsor Zoning Map which outlined the location of the site , with the Commission. The plans show the parking area , truck road , storm drainage , catch basins, and storm drainage flows north and then goes west to a detention basin. The sanitary sewer lines are shown, and an earthen berm with plantings is shown. The architectural rendering shows the dimensions of the main part of the building is 288 feet east to west , and 180 feet north to south , with a small office on the northwest corner which is 30 ' x 40 ' . The data block on Sheet No . 1 shows the type of development is "industrial" , the use is distribution of wood products , the site is located in an IP zone, total acreage is 3 . 93 acres , lot coverage is 31 per cent , 12 parking spaces are required and provided and the building height is 26 feet . Sheet 2 is the plot plan, which is certified A-2 , and shows the front building line is 50 feet . and a 50 foot rear buffer plus a 25 foot rear line . It also indicates there are no easement , and no common or public land. Iron pins are to be set on all corners . It shows a bituminous paved area and truck movement is on the north . Mr . Russo continued with Sheet #3 , the topographic map , which noted there are no brooks on the site , and it is not within the 50 year flood limit . The data block indicates that it is an IP zone ; lot area is 3 . 93 acres ; Building coverage is 53 , 040 sq . ft . with a pavement area of 40, 000 sq . ft . for a total of 93 , 040 sq . ft . or 54 per cent impervious area . The building height is 26 feet , and 10 parking spaces for office , and 2 for warehouse is required with 11 standard spaces provided and one handicapped space provided for a total of 12 . Type of development is industrial , and use is noted as distribution of wood products . Mr . Russo noted that sanitary sewers are provided as well as water , and the proposed storm drainage is on site with catch basins . The site drains westerly into the detention basin . The nearest residence is 138 feet from the residence to the building (the Bartula residence) with a berm between the residence and building . In accordance with the regulations , Mr . Russo said he prepared a detailed estimate of the items that had to be completed , and the amount of $99 , 250 includes site work, landscaping , pavement , sidewalks , storm sewers , sanitary sewer and utilities . Mr . Russo said the conservation plan is shown on page 7 , and lists the construction sequence as follows : 1. Clear construction area . 2. Strip topsoil & stockpile along southerly property line in shown location . Ring with haybales . Spring 1984 . 3 . Stake haybales along easterly and westerly property lines in locations given . 4 . Perform filling and rough grading of site . 5 . Install utilities (sanitary sewer , electrical service , water main, telephone & storm drainage) . Ring all catch basins with staked haybales . 6 . Construct building . 7 . Construct access drives & parking . Planning & Zoning Commission -6- 6/19/84 8 . Spread topsoil on all unpaved sitrubed areas . 9 . Conduct plantings . 10 . Place topsoil , fertilize , seed & mulch, Fall , 1984 . Mr . Alan Viets , the landscape architect was present , and gave the following report after outlining his credentials . The plan shows trees on the west (Connecticut Avenue) , in front , a grove of existing vegetation which will be preserved which is primarily deciduous trees. They are around 20 to 30 feet high . To the north is a deciduous existing forested area of small , mixed trees such as red maple, oak, and some older grey birch , which are also 20 to 30 feet . To the east , where there is now buffering and is closest to the existing home portrayed on this plan , another row of evergreens has been provided , and there is a 9 to 11 foot berm with evergreen shrubs as well as larger deciduous trees , and :. there is a wall of vegetation to the east that now exists, with :. the berm. To the southerly portion of the site there is no :. present existing vegetation and there will be additional planting as shown . The landscape plan is presented in two ways : one is the ornamental aspects of the site as you come up Connecticut Avenue , where there will be street trees which will get up into _ the 40-50 foot range . As you go along the northerly boundary the existing vegetation will be preserved in the present buffer, .. and as you come to the most sensitive portion of the site which ._ is to the east where the berm is , the existing area will be supplemented with large evergreen trees , particularly Eastern White Pine which would make a large , handsome buffer . Spruce trees were already provided this Spring on the upper portion of the berm to create a two tiered effect as far as buffering of this site. On the southerly portion deciduous and evergreen materials have been used to buffer the site from the existing industrial neighbors , but not as extensively asthe easterly portion . Mr. Lassman concluded by questioning Mr . Russo as to how this plan differed from the prior plan. Mr . Russo said he helped prepare the original plan for Allied Plywood several years ago , and :. in this plan the building has been shifted in a westerly direction approximately 18 feet further from the residential area , the :. building is now 26 feet high , and by shifting it to the west .: a 64 ' buffer has been provided and there is actually undisturbed land for 70 feet from the rear property line to the bottom of the existing berm. It is 138 feet from the building to the nearest resident . Town Engineer Richard Martel reported as follows : There is a small inconsistency ,which should be corrected as a condition of approval , _. regarding the offset on the northeast corner of the building to the ._ property line . On page 2 it ' s indicated at 85 . 87 feet and on page 3 it is listed as 89 feet . Also , in the past the only bonding that has been required in the industrial park has been for landscaping , and bonding for improvements on the site have not been required . (He recommended $69450 be required for a landscaping bond . Planning & Zoning Commission -7- 6/19/84 Planning Director Peter DeMallie gave the following report : The Planning & Zoning Commission d6tertnined twice previously that this site plan substantially differs from the original plan which was denied in 1981 , including landscaping , buffers, building height has been reduced from 32 to 26 feet , the building is now set back over 85" from the residential zone and also another 20 to 25 ' from the base of the berm (the original building was at the base of the berm) . The rail spur has been moved , dumpsters have been added , as well as parking, and front and side yard plantings have been required . Mr . DeMallie said the site plan conforms to the zoning regulations in every respect . Since the original submission and subsequent , denial in 1981 , the Commission reviewed and adopted new and more restrictive Industrial Park regulations , and this application is consistent with those new regulations . The site plan has received Inland Wetlands approval and the conservation plan ha-s been approved by the Conservation Commission . Mr . DeMallie recommended consideration be given to additional exterior lighting in the vicinity of the offices in the front parking area . If approved, Sheets #2 and #3 should be filed . Speaking in favor of this application was Roger Cowle of 166 Clinton Drive , who stated they are building in 'an Industrial Park and the Town needs the tax revenues . Also , Russ Trotman who spoke in favor and reminded the Commission they should be concerned with all the people in Town, and there has been a great deal of residential building in the past few years , and the Town needs more industry . Speaking in opposition to this application was Robert Sills of Oak Drive , who stated the rail spur will be an attractive nuisance , and spoke at length about the problems with industrial development . Edith Netter, an attorney with Robinson & Cole , stated she represented a group know as the Pleasant Valley Estates Residents Associates which has 63 members , and opposes this project but is not anti-development . She said they were unable to reach an agreement with Savin Brothers regarding this site, and asked the Commissioners to visit the site before making a decision. She said the building will be 17 ' higher than the Bartula house , and that Allied Plywood could locate on the G. Fox property which is available for sale. Ms . Netter submitted several Intervention Petitions pursuant to Connecticut General Statute 22a-19 which were signed by Gregory Bowman , Karol Bowman , Nancy Braender , Lewis J . Miller , and Rosalie Bartula . She also submitted a booklet entitled "Memorandum of the Pleasant Valley Estates Neighborhood Association in Opposition to the Application of Allied Plywood Corp . for Site Plan Approval for a Warehouse in Parkcentre" , containing over 100 pages including sections stating the reasons she felt this application should be denied ; a proposed denial statement for the Commission ; the Memorandum of Decision in the original Allied Plywood application which was denied ; copies of "The Parkcentre Story" , and Minutes of this Commission dating back to 1968 , along with a copy of the former IP zoning regulations . Planning & Zoning Commission -8- 6/19/84 Ms . Netter said Section 4 . 8 . 4 requires a landscaped buffer to mitigate noise and visual impact ; Section 4 . 8 . 4 . 3 requires information as to height and spread of trees at maturity; Section 4 . 8 . 4 (D) refers to potential affect of waste into wetlands ; Section 4 . 8 . 4 . 1 requires applicant to meet noise standards, and applicant has not complied with these sections . Also , environmental concerns have not been addressed regarding dust . She noted that the Intervention Petitions which she submitted requires environmental impact be addressed . Section 8 . 2 of the Connecticut General Statutes says that Commissions may set standards necessary to protect the public health , safety , convenience and property values . Ms. Netter said that Mrs . Bartula has a right to sunlight . She asked that the Commission deny this application because the differences inthis application and the 1981 application are minor and there have been no changes in circumstances to overturn the decision to deny it . Speaking in opposition to this application were the following persons : Philip Braender , 83 Elizabeth Street , who showed slides of other buildings in the area,, and presented tax information . He also submitted a xerox copy of the slides and tax information, along with a written statement , together with attachments containing 8 pages ,pertaining to history of Parkcentre and his opposition to this application. He also spoke at length about the noise levels which would emanate from this site , and submitted a brochure concerning "Noise Around Our Homes" printed by the U. S . E . P . A. , and a typed memorandum concerning performance standards and noise levels he felt would result from Fork lifts , truck noises , railroads and exhaust/ventila- ting systems . Benjamin Yurevich of Judy Lane , stated that Allied Plywood is a highly unattractive building and a visual insult to the neighborhood . He submitted a sketch prepared by an architect from West Hartford , Clifford Mitchell , which he said showed the size of the Bartula ' s house compared to the proposed building , and how the proposed building would tower over the house. Rosalie Bartula of Barbara Road stated she is the closest residence to the proposed building , and it would tower over her house and affect her sunlight in the afternoon . The rail spur and box cars would be visible , and odors from diesel fuel would interfere with her quality of life . She said she would be able to see the building from every room in her home . Troxell Snyder of Edgewood Drive , spoke at length about the nega- tive impact on the neighborhood , and said the Mayor ' s joint economic development committee recently said "South Windsor does not want to encourage the further building of warehouses in Quonset huts due to the low tax revenues and undesirable image such uses project . " He submitted a four page, typewritten statement of his remarks . Mr . Snyder then submitted a sketch entitled "Solar Interference of Proposed Building" on the Bartula property , which had prepared . Planning & Zoning Commission -9- 6/19/84 At this point Ms . Netter submitted a written statement from a nurseryman, Peter Behuniak, which stated the berm is artificial , and the trees "will either die or be rendered unsightly as a result of the inability of the root system to maintain the maturing trees in an upright orientation. " She also quoted Minutes from the June 12 , 1973 meeting (page 1471) which said the berm should be 11 feet high, have a maximum slope of 45 degree angle , be 35 feet wide at the base and 10 feet at the crown, and should be planted with evergreens. Mary Yurevich , of 165 Judy Lane , stated the names and ages of the young children in the area, and the danger from the trucks and railcars . Lewis Miller of 31 Barbara Road , submitted an 8 page , typed state- ment of his reasons for denial of this application, stating it ' s not in accordance with the Comprehensive Plan , traffic congestion would increase , the plan is contrary to public health, safety , etc . , not consistent with charater of neighborhood , property values would decrease , overcrowding of land would occur , injustice to the people of Barbara Road would occur . He then submitted a petition opposing the application which he said was signed by the abutters , and another petition he said was signed by over 200 people . The petitions read as follows : "We the undersigned residents of District 1 in South Windsor , Connecticut , as residents of Pleasant Valley Estates who abut the Savin Bros . property known as Parkcentre , oppose the applica- tion of Allied Plywood Corp . to erect a warehouse on Lot #6 in Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood . We feel that this is another example of how this Town ' s Undesirable projects (i . e . , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4 . This is discrimination ! " Nancy Braender of 83 Elizabeth Street , stated that their neighbor- hood is as desirable as any other in Town, and last year she paid over $1600 in taxes , and the Allied Plywood Building would be intrusive and should not be permitted adjacent to a residential neighborhood . Ms . Netter concluded the presentation by stating that there was not enough information given conerning truck traffic , or trips per day ; or rail service ; lighting should be shown on the plan; environmental impact standards should be required . Planning & Zoning Commission -10- 6/19/84 Other people in opposition to this application were Rose Pastula of 889 Pleasant Valley Road who said she is president of the Pleasant Valley Neighborhood Association, and is concerned with fire safety ; Sharon Mill , Greg Bowman, Stanley Greenberg, Robin Trotter and Anthony Sluzark. Attorney Lassman then made a closing statement and said insofar as taxes are concerned this building will be worth over $1 million dollars , and of course , it will produce revenue to the Town ; the applicant says he can conform tothe Town ' s noise standards ; there will be no noise from beepers on forklifts since they don ' t have them; the rail car will not be switching so there won ' t be noise from cars switching , and there has been less than one rail car a week for the past eight months . Mr . Lassman noted that the Commission has rules and standards in its zoning regulations, and a person reads them and says they can comply and draws his blueprints . It is only reasonable for that person to be permitted to build if he complies with those regulations. He noted the Commission has the authority in the regulations and the power to suggest changes in the buffer , and any reasonable changes will be accommodated . Mr . Lassman said he sympathizes with the neighbors , but also with the person who has complied with the regulations . ' He noted that this application has already been approved by the Inland Wetlands Agency . Commissioner Conde asked if there is any possibility of another site at Parkcentre , and after discussion of the curvature required for trains , was told no . Mrs . Smith asked if it was contemplated there would be more trains in the future, and whether thought had been given to fencing , and how many trucks a day would be on the site . Mr . Pynchon of Allied Plywood , stated currently they 've been averaging three trains a month , but they hope their business will increase . The run 3 trucks a day , which is what they were doing three years ago . The building will be sprinklered . Philip Braender stated he had a letter stating there is a site available next door to G. Fox , which he previously presented to the Commission . Chairman Gilligan declared the public hearing adjourned at 11 : 20 P . M. Respectfully submitted , APPROVED: :. Virginia S . Gran'ey , Recordin Secreta* �Ow N Sft o � r� �v 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 soe-CD�c AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY , JUNE 7 , 1984 THURSDAY , JUNE 14 , 1984 LEGAL NOTICE �O�pl::) 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 19 , 1984 , 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 Allied Plywood Corp . for a site plan of development for property located on the east side of Connecticut Avenue , known as Lot 6 , Parkcentre , as shown on plans prepared by Palmberg & Russo , Land Surveyors and Professional Engineers , dated 3-13-84 , No . 84002A , IP zone . A copy of this application and maps more clearly defining the property are on file inthe 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 Robert F. Gilligan , Chairman David Sorenson , Secretary To: Chairman and Members Planning and Zoning Commission Town of South Windsor From: Lewis J. Miller and Sharon B. Miller 31 Barbara Road South Windsor, CT 06074 Date: June 19, 1984 In re: Allied Plywood Application We recommend denial of this application by Allied Plywood for the attached reasons. e s J. MiXjler and Sharon Miller Al-L/Eo PywootD - - ,Av/v 8,tos. ,Cot .. SOLAL �NTE�CF�i[C/vlEetc P..osEO Jstl.,&A ..vf Pu 13 e-IC N SAWI&V s - Su,vE )'t, I ate y I J I 1 ' SL, Twnt .t2 1 POO s�ti !* L;N4t � 1 Tuft! �� 1 Plm�bs�n Qvlco�� - _ i do I lgs x Ed W.1C as.i ' ineX s aPPron. CO ft. LOT Co N so N � /L�• EA&TH 13ERM m 144 Petition to the South Windsor Planning and Zoning Co missian� WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates who abut the Savin Bros. property known as Parkcentre, oppose the application of Allied Plywood Corp. to erect a warehouse on lot #6 in Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone 6 S-/ f"bi z �-4 7k& ( C7 (66 &6VA R ir � r t • _ � � ,. _, • i• _. ...�� � � � f� �r f • , � .t.. r � � ' ` �-� � � � � � � �S �� v � 1 ���� �� � ` ,.�,�� S 4 � ,. Petition to the South Windsor Planning and Zoning Commission: r WE the undersigned residents of District 1 in South Windsor, 7 Connecticut, as residents of Pleasant Valley Estates who abut the Savin Bros. property known as Parkcentre, oppose the application of Allied Plywood Corp. to erect a warehouse on lot 06 in Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone Jf 5 77 ola f 7S- � ley - ��-71Cz8 Petition to the South Windsor Planning and Zoning Commission: WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates, oppose the application of Allied Plywood Corp. to erect a warehouse on lot #6 in the Savin Bros. property known as Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone lr 17 Oe aFl- �3� SWW" W zexf � � Petition to th South Windsor Planning and Zoning Commission: WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates who abut the Sevin Bros. property known as Parkcentre, oppose the application of Allied Plywood Corp. to erect a warehouse on lot 06 in Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination' Name Address Telephone G s- D, Petition t the South Windsor Planning and Zoning Commission: WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates, oppose the application of Allied Plywood Corp. to erect a warehouse on lot #6 in the Savin Bros. property known as Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. ' This is discrimination! Name Address Telephone h"r / Polo � d ►�s Petition to th South Windsor Planning and Zoning Commissions WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates who abut the Sevin Bros. property known as Parkcentre, oppose the application of Allied Plywood Corp. to erect a warehouse on lot 06 in Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone bc; 5 05 `7 70 C�J !off LtQ 3 `� � n f -70 �a 7 ��► cRWN, o fl FqF rdo f /Illy' Je.X, Jr r Petition to th South Windsor Planning and Zoning Commission: WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates, oppose the application of Allied Plywood Corp. to erect a warehouse on lot #6 in the Savin Bros. property known as Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We f el that this is another example of how this Town's undesirable . projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone r �qo� � l J 1L L51211 ye G 0-7 0 0 Il Lt cc, C2- I V7 V'C4 06 1 W-el _ 7(o QZex- � say= 7si3 Petition to the South Wind or Planning and Zoning Commissions WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates, oppose the application of Allied Plywood Corp. to erect a warehouse on lot 06 in th Savin Bros. property known as Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone r LL 6V ��► � C�-�� G Petition to the South Wind or Planning and Zoning Commission: WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates, oppose the application of Allied Plywood Corp. to erect a warehouse on lot #6 in the Savin Bros. property known as Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone 2LJIl 6 £d�e�VO4 'Pr IW— 2 S 9-0575 / I I lawzh �7 *-W-� 96CI -7 J,7. ZeA 7,� 7 A tu eel- y� a ys- Yet f e�Zg7_'6�63" Zcg- 9 — (Of7 3-5— � 3 zSy,6 718 ,u-�� /� 3 � J?9 /, u--�r-s-- ewe o C� r � %- rr v c�? '. ��c nit t� �� `2 c� V ALL . F OOPc/ r/ Petition to th South Windsor Planning and Zorving Commission: WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates who abut the Savin Bros. property known as Parkcentre, oppose the application of Allied Plywood Corp. to erect a warehouse on lot #6 in Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone a l� c �\ L4, (100X� � v � t I > (G� i Al /e +. 1 Petition to the South Windsor Planning and Zoning Commissions WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates, oppose the application of Allied Plywood Corp. to erect a warehouse on lot 06 in the Sevin Bros. property known as Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone -P7 h Petition to the South Windsor Planning and Zoning Commission: WE the undersigned residents of District 1 in South Windsor, Connecticut, as residents of Pleasant Valley Estates who abut the Savin Bros. property known as Parkcentre, oppose the application of Allied Plywood Corp. to erect a warehouse on lot #6 in Parkcentre. We believe that the proposed warehouse and all that goes with it are inappropriate for that particular location, abutting a residential neighborhood. We feel that this is another example of how this Town's undesirable projects (i .e. , those that devalue our property and degrade the quality of our area) are being foisted on District 1 at the expense of its residents while protecting the residents and values of Districts 3 and 4. This is discrimination! Name Address Telephone � r 21 s � c)f�-J7'7i 62 35/ 117 �i"? `j G� 4 _ (S C, F 9 0"- r ' � 's 2J107 �f 7t79 4?j'C� 6-0 r--Y� -z- 4W s^-� g - 0 0/;v J, 2 Id/tj 2 CHAIRMAN MEMORANDUM OF THE PLEASANT VALLEY ESTATES NEIGHBORHOOD ASSOCIATION IN OPPOSITION TO THE APPLICATION OF ALLIED PLYWOOD CORP. FOR SITE PLAN APPROVAL FOR A WAREHOUSE IN PARKCENTRE Submitted by: Edith M. Netter Robinson & Cole One Commercial Plaza Hartford, CT 06103-3597 I . THE APPLICATION MUST BE DENIED BECAUSE IT DOES NOT COMPLY WITH THE ZONING REGULATIONS - The application for site plan approval must be denied because it does not comply with the South Windsor Zoning Regulations ( "Regulations") : A. The site plan does not include a landscaped buffer area between the residential zone located east of the site and the proposed warehouse which will mitigate "visual , noise and other impacts" , (Section 4 . 8 . 4 of the Regulations) . The berm is only five feet higher than the floor of the proposed ware- house, so that with the exception of the limited area to be blocked by the juniper bushes on top of the berm, twenty one feet of the east elevation of the warehouse will be directly visible in Mr. and Mrs . Bartula ' s backyard . B. The site plan should show more landscaping and less impervious area. A large part of the area where the loading docks are should be landscaped and from a design point of view parking spaces numbered 11 and 12 should be located near spaces 1-10 . There is no pedestrian sidewalk along parking spaces 1-10 , making it necessary for pedestrians to walk in the parking lot. Foundation plantings should be located between the sidewalk and the building. In order to increase the landscaped area and decrease the impervious surface area, the overnight truck parking spaces could be located in the northeastern portion of the site . It might be possible to relocate the entrance to the parking area so that it is not so near the rail siding and would create less potential for accidents . Finally, there should be a statement as to how far apart the trees "on center" are . (Section 4 . 8 . 1 A of the Regulations) C. The twenty-five foot rear setback is not adequate in this instance because of the fact that the rear (or eastern) portion of the site abuts a residential area. (Section 5 . 2 of the Regulations) D. The site plan does not provide for suitable landscaping in all areas not covered by impervious surfaces . (Section 4 . 8 . 3 of the Regulations) II . THE APPLICATION MUST BE DENIED BECAUSE IT IS NOT COMPLETE The applicant has not provided all of the information necessary to make an informed decision as to whether the site plan complies with certain provisions in the Regulations . The application is deficient in the following respects : A. The landscaping plan does not indicate the height and spread at maturity of all trees and shrubs to be installed (Section 4 . 8 . 4 . 3 of the Regulations) B . No information is provided concerning the potential affect of wastes discharged into the wetlands portion of the property (Section 4 . 8 . 4 (D) ) . C. No information is provided as to the noise levels - generated by the trucks , forklifts , the loading and unloading of the lumber, handheld chainsaws and air conditioning units if there will be any. (Section 4 . 8 . 4 .1 of the Regulations) D. No information is provided as to the paving materials that will be used. (Section 7 . 1 of the Regulations) III . THE COMMISSION DENIED A SIMILAR SITE PLAN APPLICATION AND THERE HAS BEEN NO MATERIAL CHANGE IN ANY CIRCUMSTANCES THEREFORE IT MUST DENY THIS APPLICATION On October 27 , 1981 the Planning and Zoning Commission of the Town of South Windsor ( "Commission") denied an application for site plan approval for a warehouse to be located in Parkcentre, made by Allied Plywood Corporation. The present application, but for a few modifications , is essentially similar to the previous application. The size of the proposed warehouse (except the new plan indicates the warehouse will be six feet shorter) and its basic location, is the same on both site plans . The differences between the two applications , as listed by Peter DeMallie , the Town Planner , at the Commission meeting held on January 24 , 1984 include minor modifications such as the fact that the building will be eighty-nine feet from the nearest home , instead of seventy; the railroad spur will be seventy-five feet from the nearest home , instead of seventy and the proposed warehouse will be twenty-five feet instead of twenty feet from the berm which is on the eastern portion of the property. Because the current application is essentially the same as the application which was previously submitted, and because there have been no material changes in circumstances since the first application was denied, the Commission must deny the current application for site plan approval . PROPOSED FINDINGS OF FACT sion of the Town of South Windsor denies the The Planning and Zoning Commis oc� Corporation for approval of a site plan for application of AlliedPlyWo p onnecticut Avenue, of property located on the east side of C development P north of South Satellite Road, consisting of approximately 3.93 acres, IP zone for the following reasons: applicant has not provided for an adequate landscaped buffer area along 1 . The South'Windsor Zoning the eastern side of the parcel . (Section 4.8.4.4 of the testimony given Regulations) ("Regulations")lations") This finding is based in part on to Valley Estates Residential Association and on an by members of the Pleasant . Behuniak. aff idavit submitted by Mr. Peter plan approval is incomplete in that the lan - 2. The application for site p read ude information concerning the height and spread soaping plan does not in - of the at maturity of all trees and shrubs to be installed, (Section 4.8.4.3 Regulations) ) the site pla n does not provide the information to make a door lighting will create an objectionable determination as to whether the out and the application does not provide the information or hazardous glare, (Section 4.8.4.1 (F) of the Regul at i ons) necessary to determine whether harmful wastes Section 4•8•4.1 • (D)) ' wetlands portion of the property will be discharged into the t or the eastern portion) to he proximity of the rear of the to 3, Because of t P and set- Commission finds that a twenty-five foot rear y a residential area, the back, in addition to the bu ffer area, is not adequate to achieve the purposes set forth in Section 4.9.1 of the Regulations. 4. The noise levels generated by the trucks and the loading and unloading of the lumber and the railroad operation will violate noise standards in the Regulations, (Section 4.8.4.1 of the Regulations) . 5. The applicant has not provided for suitable landscaping in all areas not covered by impervious surfaces (Section 4.8.4.3 of the Regulati-ons) . 6. The applicant has not provided the information concerning air conditioning units, which could be a noise source which might not comply with the noise standards (Section 4.8.4.1 of the Regulations) . M ' a S '.e N0. CV81-266179 ALLIED PLYWOOD CO. , , INC. SUPERIOR COURT _ JUDI-CIAL--DISTRICT OF HARTFORD/ V. NEW BRITAIN AT HARTFORD SOUTH WINDSOR PLANNING & ZONING COMMISSION NOVEMBER 98 , 1983 MEMORANDUM OF DECISION This is an appeal from the denial by the defendant, South Windsor Planning & Zoning Commission, of the plaintiff ' s applicatior for approval of a site plan of development. The plaintiff, Allied Plywood Co . , Inc . , had entered into an agreement with a third party, Savin Brothers , Inc. , to purchase certain premises , identified as Lot No . 5 , Park Centre , in the Town of South Windsor. The property- in question is located in an Industrial Park Zone. The plaintiff ' s agreement to purchase said property from Savin Brothers , Inc. , was conditioned upon the plaintiff obtaining site plan approval for its planned warehousing operation, a use which is permitted in an Industrial Park Zone. In accordance with the Zoning Regulations of Lhe Town of South Windsor, the plaintiff submitted its site plan of development to the defendant Planning & Zoning Commission for approval . i� i, After a public hearing, the Planning & Zoning Commission 11denied the plaintiff ' s application for site plan approval . Based on the record indicating that the plaintiff was a party I! I lito an agreement to buy the property in questiori, conditioned upon j j;site plan approval , aggrievement is established. Fletcher v. IlPlanning & -ZoninZ Commission, 158 Conn. 497 , 502 (1969) . ! The defendant claims that the court is without jurisdiction i1to entertain the appeal in this case on the grounds that there is .'no statutory provision for an appeal from the disapproval of a ' site plan of development , and cites Kosinski v. Lawlor, 177 Conn. `420 (1979) , in support of its position. I I � Section 8-98 of the Connecticut General Statutes provides , I! � I ;however, that any person aggrieved by an official action or IIdecision of a planning Commission may appeal therefrom. ! I I There has been some commentary. concerning the apparent con- ! !1flict between the provisions of Section 8-28 of the general I ; statutes and the holding in Kosinski v. Lawlor, supra, and East ; Side Civic Association v. Planning & Zonin Commission, 161 Conn. 1 'i558 ( 1971) . Some of that commentary is to the effect that Section �I i 1' 8-28 , C.G. S. permits appeals from decisions of a planning Com- Hmission, Fuller, Robert , Zoning and Planning Appeals to the Court ! i �I 2 I� , i, i I I 152 C. B.J. , No . 5 , P416 ( 1978) ; Connecticut Land Use Regulation, i � I ..Tondro P. P. 243-245 . A like conclusion was reached by Judge Aspell , Pleasant ;Valley Neighborhood Association v. South Windsor Plannin & Zonin ' r Commission, 8 C.L. T. 22 ( 5-31-82) , wherein it was held all actions ,' I, except those which are advisory, by a Planning Board or a Planning - 1,Section of a combined Board , are appealable pursuant to Section y '8-282 C.G. S. This court concurs with the reasoning of the authorities cited herein, and concludes that the action taken by the defendant in this case was an official action or decision, and that an appeal is an appropriate remedy. II The plaintiff ' s claim on appeal is that the defendant Planning &Zoning Commission had no authority or discretion to reject the site plan, basing that claim on the premise that the site plan complied with all zoning requirements of the Town of South Windsor. Planitiff ' s position is that the Commission ' s role was merely ministerial , and that approval should have been automatic . As a statement of law the plaintiff ' s position i/s correct ,\` Kosinski v, Lawlor, supra; RK Develo ment Cor . v. City of Norwalk et al , 156 Conn. 369 (1968) . 3 r I jj The question is whethe*r" the rulings of Kosins ki v. Lawlor land RK Development Corp. v. CitV of Norwalk do , in fact, come into play. The defendant' s position is that there was not full com- ipliance with applicable zoning regulations , and - that the Commission Ihad the discretion to deny site plan approval . In this case, a public hearing was held on the proposed plan , pn September 15 , 1981 . The plaintiff presented testimony from a jprofessional engineer as to the adequacy of fire protection, water,1. .0 isanitary sewers and drainage. The Town Engineer testified that , TS-7j:_0 ;with t h e exception­ —­a-f��—an mmission approval , the engineerin& proposals met the necessary standards or requirements (T-18) . As 1for the Wetlands 'Commission, the plan of development had been sub- ,mitted to it, and it was under consid-eration (T-18) . There was considerable opposition to the 'plan of development �at the hearing. That opposition came from residential neighbors who were concerned about the size of the proposed building, par- _ _i�icularly its h hL eig the size and/--c--harac--terof the proposed _�E�11 pperation, -not e from the loading and unloading of material , the —----------------- -proximity of the proposed railroad siding , and in general the lack Vlof an appropriate protective buffer for esthetics , safety and ;noise levels . (T 18-55) . II If Section 4. 8 . 4 . 3 of the zoning regulations of 15outh Windsor i. • i i provide for buffer areas in Industrial Park zones of not less than , 4A25 feet, and further Drovide that the Commission may require 'addi- ' - tional buffer width or are - if unusual conditions demand more extensive screening or noise abatement to prevent the depreciation : of adjoining residential uses . No action was taken by the Commission on September 15, 1981 , and the matter then came up at a Special Meeting of the Planning :w and Zoning Commission on October 27 , 1981 . One of the Commissioners noted that the site plan was contrary to the%riginal,,concept for development in the industrial park-. Another expressed concern about th closenes f the proposed building to area homes . Another l commented on th �zeof the buildi and _ � the inadequacy of the :buffer. Another noted that a conservation plan had not been sub- mitted to show;p'lanti= Jon the berm. (Meeting minutes 10-27-$1 - P 7) . A motion was made that the application be denied since the proposed building would infringe on nearby residential neighbors .and their basic rights due to the size and height of the building. g The motion was approved unanimously. This case is distinguishable from Kosinski v. Lawlor , supra, relied upon by the plaintiff. In that case there was no question 5 9,�dh P y�5 t `iR/ 1 I I 1 • I 1 1 1 II I I I I 1 I 1 I1 II I� li it I - II 1 1 I �I i ,of whether the site plan met zoning rc!quirenients . The Planning 4 II& Zoning Commission passed a resolution that the plan met all. .;applicable regulations and denied approval' on the basis that the proposed use was a ;'po.or use of the site. " In the instant case, it is clear that the Commission di not ;conclude that the site plan met zoning requirements . It concluded , that, given the natu tan size o the operation, there was in- Il,I;suff.icient buffer---to satisfy Section 4. 8 . 4. 3 of the South Windsor I ^,~ ;zoning regulations . Admittedly, the Commission did not use the I.explicit language of this opinion, but there was ample evidence as to the nature of their concern. At the public hearing, in addition to opposition from area neighbors , the Town Planner, M. DeMallie : expressed concerns about the sufficiency of the buffer and he I ,pointed out that when the Industrial Park was developed in 1968 , its I was indicated that the nature of any buffering should be dealt with !at thp,_site plan application stage., depending on the nature of they 1 . . proposal (T. 15-17) . In this case, the size of the proposed building ( ?88 ' long, I 180 ' wide , 32 ' high) , its proximity to wetland areas and the con- straints of building line requirements compounded the difficulty ,of providing suitable buffering. (T-5 , 9) . Pursuant to Section 4. 8 . 4. 3 , the Planning & Zoning Commission I 6 I ,I r•-� 1 1 I ' I 1 1 1 I I was legitimately1 concerned with the question 1 of an adeouate buffer.' They clearly felt that the Proposed ; P posed buffer was not ad . expressed that concern in rejectingth equate and n e site pla a pplication. The assigned reasons are supported in the record and are ' concerns properly before the Commission Local zoning authorities are closer - / .ser to the circumstances- and .p � conditions involved and therefore 1 are given wide discret' ' I determining and meeting local zoning � 1On in needs . Goldber - Commission, 173 Conn. 23 ( 1977) . v• Zonin — The other arguments raised by the defendant in his appeal ack of a conservation, 1 w p an, , and 3mpoper performance standards) ��,; •y ere not cited by the Commission as ' ' � application and the court will riot reasons for denying the speculate beyond the reasons stated. DeMaria V. Enfield Plannin & Zonin Commiss ' Conn. 435 (1970) , ion, 159 1 It suffices that the stated reasons are supported by the record and the appeal is therefore dismissed. :h eA C Z_AA_K �J • I 7 , k, .. .... s.'. .. :, _ L .. ,,y ..t Y , f ,r1. .�.1 :-f fr ;',r.- �\'�i:rsE,t., rtr. - •i. �:sfr 1 j_,. ,•iSs rr,•r_u:i Ur}�T_,�_-L� fr'� k�:. fl f:'a •'j; <, ,,.J , ;r:t,, xl.,• f..�• .�,T,�Jt ! !'iir..ci.V,:.., •.'Y:r• ,�1'. ,) i :..•: : r. ., , n .r.. , ,.- ;,, I ,:. i.. r,•4.Y... ,, 1.-•�. ..,,,... „M.:. '.�^�,ta ^t'�.� !.. '� rr.,� t, ,�a. :� �(, ..4 r1•.4r. 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L.fi �*#' �y,s� •,�sr -E _t,, �,.��:*- - _ • 4 a nr. 4tY )n ��' �,;ry fw:" 3 ,�y.�t �,� ��•rYtr;.,�� "t +� >+i'd' r-�.r!A h �4"Y• _.� >,.in .y^; K r .;� 1+ t' "Te ]�`•+.F� �`s, �r D � �'i `a•l y,.ril `�. r.'IV�,-N � a,+, � G 4 5 I �, �fw'���y�• ,'�: { Y,;., w '�`� :�'7`a , l,•ry r �+wN3. � I.Y. �+ `�..,..�. r ^ta:s .'.�. 1 n..•:'s S •� ,,� k ..., ��' .` lk `�d ,.a J �.:�' i f t r ;r�t.,:i,Jr.. ti� � �' t rr,.s ` •,,�1•• �;, ,u,�. a u« "`` .�"'t'a t�.�+ •>; � �i .q'�`::.. ti +;���" ,^b`. �+ � 'l' � ��iR is +ir.�:v -Xy' .r� .',�,`.� �, 4; }N,.1��1V}' M� 't y 4_p g r i �1'r; �� � 1 .:� •Y� ,, h'' ti 94,�'i ..•„ 1,' 1 l'14� �'r7 yf ,r..' r r{ � ,l Q ( w ����T r► ,��yJ,��,',.-+� �,;� �r7 � u� c`, < �; tip• � 'A��� a7"�3+.4T•+1r,r i" � r` , r���. T �� t 111 1 � 1Y. • I, v• s' �- 17 AA r A f 8 � ,.,+., �- - •r -gy -�:- -ter ',i :� -- ,�•[�y � '":^ . '^}�.��:�.'5•T.. -'mil, � 'TM��'� V•.. - J JW ~3� D y4 - WHAT is Parkcentre? Parkcentre is a totally conceived community that efficiently combines planned-unit areas for industry, distribution and research and development with commercial clusters and residential areas aesthetically grouped around a dramatic Theme Center motif. The theme center is the hub of a modern network of wide, landscaped roadways that provide uncrowded traffic flow to all parts of Parkcentre and adjacent superhighways. A multi-story modern office building sets the stage for the Parkcentre theme. The most advanced ideas in industrial, commercial and residential architectural planning and design are all a part of Parkcentre's broad concept. Each unit of the master plan is designed to efficiently complement its adjoining unit whether it be industrial, commercial, executive space or residential. Uncrowded open lawn and recreation areas are implemented with natural wooded sections and landscaped earth berms to form attractive screening between various units. Parkcentre's development program envisions a projected population of ten thousand residents and lessees occupying modern industrial buildings, offices, commercial shops, homes and apartments. Parkcentre's team of distinguished consultants has created a Master Plan in tune with the demanding needs of every metropolitan area in this country. Never before has private initiative and capital created and developed a ''city-within-a-city" like Parkcentre. i ■ 7 1 yA f •�.� �U e•�f T � M' /� �,1 t `^-1''14-�rr�.lx/r/: }( �,� �y Sy _ ': i•'a't\�•.*r,�:F� � T� :e ''r ��{� �1, '/ �1 .')�4, ~- 'iiri •� � ; 'y�']y(`A�'-�I �.1�' ' � 1 �si� 'Y•`i'1; -1`9;F,•1..1.•..! �t.+�"•'.1'�f�t- `r �Y", �1, e�"�a,� ;+"•N�..��� t,f^� ir„ r '�i, G f / ,� ., , .;r'�,r,!�',i{rgp �. �' � �• .6h .. � ,rlf.�• ,'""�' !.tom', �`' `} •':r '� 1t73P':l•r'Pdw'� .�' ,�'� � Y � ,�,a-• •aJ► �'W fly .1 I 7 �rv� .01 '' �Y T r t: i ,���:�•, �♦ 0 rr+. .�. � r r' Lr r �4 v,.erYl@I0 Pill ),C j,}Wt� r {+A� `Fh .N.ryf r •Yrhl �,. 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Fill VY Inn moo Ix � ^ ^ ^ � / ` � k .r - .� t'+ert: g�.,` : '�^ipi ,a •-ems. raw ' { a.` _ ti-T �' }_ -ZZ-— t�A • •�:' S�L- +6�.._ �,.`T3.{x�i�� _ lam / y •��� - a •:f ��" ^!•.7_4Z. �...vy,+�'; S-� y'-y,-"Tr ��•� {'�__- '` tea, i:L�,p �� T- �, �car ��w�ei'r...J• _v• f �. - •d,.+l"•':^K,fS•`.. qp '!•is c�9i�rJ =i�..t�}��;c r, ���-�ri�* r 4}' 7� Ir le _�i�'?i..•�. .Jaa`c R `�yaLylr,:q�•a'�K!-!!�.'i,*. xi�'- R'-.���=:�y1��� � f, �-- WHY Y = a parkcen opening statement, "We sensed the urgent As Mr. Savin said in his op !- t in future business-residential f � u_s � ,•* ` r a totally new concept roblems _ 4r� 1 need for the pas and present p `, velopment to avoid P planning and de of our the growing population that are currently p - .� •':z -*- S 4' nation's major cities and suburbs." ' t is needed NOW—not only in Greater ea across this nation t v Parkcentre's total concept metropolitan area :c : � Hartford but in every P yawl" with its , s headlong, unplanned "city sprawl" Our country' 4r; attendant traffic strangulation, blighted areas, land grabbing sky-rocketing ts are creating chaotic and sky- g community service cos conditions that must be solved NOW• _ •�,� pledging its initiative, As a business leader, Savin Brothers, Inc., is p erienced planning aster and organizing ability, linked with the most exp t available—in the creation of the Parkcentresa sfyina,lan— talen roviding an efficient, r as a major step forward in p } future for our metropolitan citizenry. ers and creaters of Parkcentre are s the develop r; Savin Brothers, a lanned course that permits fully committed to a carefully p ma n to control his environment rather than being subservient t-e' his chaotic surroundings! r ` �•;: lete Nothing short of Parkcentre's Total Concept will do th wP h the j .iH Fn.-..•1 provide management and their employees job required top today environment they are seeking Y "` �y`t * ,' ` ,�.� home enviro J +r•.�.�• future business and �s�`�.,�:y 7. 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'y,C:,,.'...•�.i j �..yailt k*.,�y�. y %' �,T'') r,�w•^"" 3r,'��' �"�'•T� ` ! y! Zlj•; ,R'.Y' '.�'� �:, _v, � • `` "w� 1�a�• b J.�,�s y'i: ~ .Z,j.�. � �� + E{�+ �,}}aro II '`+l �.., .i.•.'!a�v:• e.1 �, � ,P, f•"�,' ,.' -' .. ~'it� �" , - - - --- -- -- ----- - ---' -- - - - - - --- - — - - - _ i. - .seer •_�`� :_'jr�ii. i� �, s `1,ta„�i..:,. -,� �.:. cF'-�a;;"tirar :�::�.';?-::_-i`�.-.:.,; �Y,..a•'t'�:�u.r.e`-�'..r.:.eli�+• i. ' si to• .c.- _ '�...+L-sC ;�r24°v"�ii,4Sn- 41, v• -y < a 4.n - i WHERE is Parkcentre? Parkcentre's site is strategically located in the population center of the Capitol region, which is Connecticut's leading industrial, financial, commercial and residential section of the state. Within a 500 mile radius of Connecticut(see map) lies 1/3 of the population of the United States with more wealth, manufacturing on, more O.E.M., and more export employment, more consumpti shipments, than any other section of the country. Connecticut is 1st in population increase in the northeast-1st in ratio of skilled workers to total workers-1st in per capita military prime contracts awarded—lst in per capita value added by manufacturing—ist in machine tools per 1,000 population-1st in percentage of people who own stock-2nd in PhD's per million population-2nd in per capita patents granted-2nd in per capita personal income-2nd in per household effective buying income-24th in population and 48th in area! The Greater Hartford metropolitan environment (of which Parkcentre is an integral part) ranks first in the state's population and business growth, plus has the highest per capita wealth. By 1980 the Capitol Region Planning Agency estimates that the region's center of population will be located within Parkcentre's locale. Savin Brothers' real estate consultant conducted a national survey to determine the ideal environmental and economic site for Parkcentre. 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WINDSORTLOCKS ELLINGTON BRADLEY FIELD �^ y�: f_:; `~ - ®• HAMILTON -Tr_ _:?•,., M y` d t.x T t-' STANDARD E A- iic S�ids-. :t a Sr.• EAST WINDSOR ::a <�. _;;lr.�sr:.,:' __ ,.;.•,•cj5t �:•,�;'= s Y. ,• F• r,? TOLLAND COMBUSTION- ENGINEERING •-ya-'^; '�.rr: '"=.�i i' s :�=,.:�}F-z 'i-..ai�r�`� !!!«! )'."_.��',Lh 1,��-�:�.,. � 'F ��� -le` r - -�G" �,_..r� -:ice• , " -. j rr ,'•- _ -� _ �a•_- _.A r... . - ,r':. -'WINDSOR SIMSBU VERNON _x,:,- -�a] "`P•'i_•-RJ_t e� !-a..':1'�t^-'.���[ �:F.'wt1�••yl41k''� -•f•^-�T, j" 4-1 _'�-� 1,. 1 'Y' - _�t,;t1 �- i -i.�.l:��, : 't_�•';,:•+,�':.•'r�r H ���:AN _�'.-�`-h*! }: CTON• ; -•,`Kr_r.•.�� ,,r,-, - :ice ��_ _ ` i '�">vK'•�•f --~ IRCRAFTi;`_q'•r PARKCENTRE :,f�.+�--tom•.. .-�:1�.'.�t':�`a,{,�;.� - _,4;�"',�r�,���:BIflOMFlE1. - _:;�..�_�� 7:- •_e#_ �•'S'''•��"'s: 'y"si_ `�1'r^� y,.'a�p.G-;:,s9•,;:�- •7?::,y.L�,%�^43-' s• _�" �`�- :�.• y4,r.• f ,_�,�,• £,�;K�.,, g� -= _ �;,.�-s•.,. WINDSOR r, r-r`•"> '* ,. e'r.•a _ SOUTH ` . . - EMHART ENGINNG CpNN '- ' ..Now _ CONH. GEH, LIFE-INS. EAST. 1 HARTFOR '�='•,..F:_ - �� VON A ' •�. - ��'a - H ESTER 'ji=;`,; .,, ::-�•: �- r•--�.�;XZ� Y fi.� _� �`'�',S��t�S�_�.',•r`Y,.;+r.�:��iwa' - -r"ks�.a _ a ���-.,�•�,.-� r� - a_�K r •A�= +g � N 'ii - CONSTITUTION PLAZA• _x�•,!•_ ;�X .�►',� �� ;J.�i.:'J';_'.. t'�a-_L�"i•?�N?J•a�_• - ?' ;---'�= _ - ,1, _ HARTFORD ^. '� �;•_r, , PWA pa! '��,-•..� �N� t, .:.�.?'�;:,�. _ }lARTPORD:PWA �k COLTS FARM I GTON STONBURY' FAFNIR� ;? • _. - _•,`y0.�- •, � • �-.,_, _..;'!'�- -4 .• _^=•T4 '. • .`: �� •. \ _mil WETHERSFIELD ;Yi-q`'•-'v,-Y2+..- _�K. _, S_; _ ':;.�-o-q'�r~'.,- �f^ri a=•"�i.' `` '�z.il' �' r�-���irL - NEWINGTON .2Jr.';,. jl�' - .,e't'• � - - �`,.rt•w•i.•: •y, ° _ )_,'J_i�.f-_...�r,g " •' 'fit' �v '4 s••_ -`l:� '.'`` '= :�, '-cam:s_-�;;;,.:�ra, ��K - fix. _ 'r.4 �`sciyt=u;`yam _ 4a`,` .� 'j '._:`':k" r-:''ai� MARLBOROUGH '�/-a'`,._t,ui i.xv��r•.i`•. �,'�^'Y�i�':.'; ,�. .L�:�.,r..•'Y`=r--+.�3•i�r� ' ® ® PROPOSED K16HWAYS EXISTING HIGHWAYS V*'T J,- - •ti c S '4 s ,q, ti�.•i,n wtifi yam_ �sr A - Y. Is Parkcentre Ready? It has taken Savin Brothers and their team of consultants nearly ` two years in time,money and effort to acquire the land and produce Parkcentre's Master Plan which is graphically illustrated in this brochure. Hundreds of hours of research, study,planning, conferring and negotiating are represented all too briefly in these pages. Now Savin Brothers, Inc. is ready to market and develop Parkcentre's multi-million dollar total concept. Many industrialists and business leaders in New England and elsewhere are in daily contact with R.F.Broderick and Associates, negotiating and planning their future requirements at Parkcentr . "Yes, Parkcentre is ready and moving forward, backed by our resources, experience, manpower and equipment," says Mr. Savin. "Preliminary grading plans for the Parkcentre internal road system are being finalized for early application along with the engineering designs for drainage, underground utilities and total area lighting. We are hopeful the job will be completed by late spring so that the entire service system can be completed." 3 i A l, We K _.W7 .4 4 ah= Ta kw-1 vp w T mzy7iw1. mg.4� �-,���t yy 4 i•, ��:�Y>�L}y�?�,,• r r.a'' �r,[�. 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'.J}d�,:. t � >�j � �,1 {'�"!h i,,' '�fA N��'{�,r,� �1',�'r+.`R� ��',� `•�� t�' ,1 1�': �jr, 'i]r7ric'•1'l�+ ��'.� �J, 11 �).15-�t' Qjy��,h�a��• rT�' !F...'I.1 a, �5't��� ;`� y! ?,. � L i y{ (� ��*Z<�J! `'��.� �. `>,,' �y 1.. ,,,1 s -� ! ,'T';�f3,1�^�'1 /R' `� ��: ,, n �11 • ,�' rr -a q r w1 t," rJt�r. x •q•>� r ro h�-,� �� �� �w��.. a ,�_,� _,• � � ,,;' "Y �;' .� ` T.,4'V �•4!{I'„'{, �5.,hy' ✓• a•. a , -r.'s. ` 'r� •u" - , j"\ , '. 1'•• 1` I• 1,� Ott�n. 1 �1ii {�.'[�¢�ry� 'f �•3 �. .,9•'yT��.`��. Ry�+f 1�}u �� +' ;Qr. � ��1- 1 wp,t ��� � i.nf `»,� I.rFy ;4� W�? 'v� t: 'I�t �211.fit k-4w••S�, �1'.in 7^ ti�.,.�- '�r •7� +„4,,. �� � +. 4:. j•f� 'F�•. II f al.: 1�1-• r4 �F{},y„ ��� ,.C .' 4"}.- � rlw+ElM�y. �'.?�xl��� �"• ��; ti� 1 fl}�- �y,,Y `�e�: a�� ` 11 er• �:. ,� "i����, � mod..." ,f, -�P {�}��A��, :�J ifr^�LkwYw. ;£ AY,n�,+ f�s,�Z r, .. r�'�►:"Lti•� >.':;,,/ K-. t .f +.. � '.A"S';�; L �;t���,x��r� .c,.t �` � "'�"* is �'Sa'� '1, �' .�' •M "1.; -+� 7 Parkcentre's Total Concept Corporate Office Area Mr. Charles Luckma.n, president of the internationally renowned Radiating from the Parkcentre Theme Center, with its multi-st architectural firm of Charles Luckman Associates, whose office tower building, free standing corporate office buildings organization spear-heads the major planning and serves as the will be strategically located around its perimeter offering prime consultant for the Parkcentre Master Plan stated recently: ultra-modern and functional advantages in keeping with the and most modern image of successful management headquart "In my view the only concept of design that has a future is the Progressive executives will immediately recognize the one that is comprehensive enough to bring into focus the entire Parkcentre environment as a prestigeous future address. process of developing a building or an entire community." "That process must accommodate not'only the aesthetic appeal Industrial- Distribution Arec but also the needs of the people concerned...". A large area of the total complex accommodates a variety of li "Such a broad view of design makes room for aesthetic beauty on industry, research and development and distribution facilities one hand and the competence to meet practical demands on the size of each depends on the individual requirements but the other. To me, these are inseparable. Only the two in tandem can total area will be developed in conformance with the aesthetic provide us with a well-balanced approach to the total concept." dictates of the Parkcentre administration team of consultants "Parkcentre's Master Plan was designed with the total needs of a The Residential Area :- planned-unit business-residential community in mind." Parkcentre East provides a variety of residential accom.mode Parkcentre's Total Concept is broadly covered by the three major ranging from executive home sites to beautifully designed to, areas of its total plan viz: house residential areas. The aesthetic atmosphere of the residential areas, including architectural harmony and total landscaping will be adminis The Theme Center Area— by the Parkcentre team of consultants. Underground utilities will further enhance the high level of Parkcentre's aesthetics.C A complete business-residential community should have a central spaces, recreational areas, existing wooded sections and land focal point where executive offices, stores,shops,theaters,parking, berms will provide wanted privacy for all Parkcentre resider etc., are concentrated for convenience. The combination of the above major areas at Parkcentre prov Parkcentre's Theme Center is the projected focal point dominated all the factors of the total community, designed and develope by its highrise office building with its cluster of modern commercial by Savin Brothers for complete modern living and working structures surrounding it. Ample public and private parking is conditions within a total environment, controlled and enjoyec planned below the expansive Circular Theme site. the residents. w t 7* 'i I v� .,, su .., r (,�u�M�'!�,A�-� ���s�;��L�.a�,-'���-y'?.a' 4 �.1�,,;r.w�'^'.A'�X,xY:p'-,���� � ti. _•2r ,� �,,,_ Y�wsK.c. - ' Y" 4 ifL WHO is Parkcentre? Listed below are Savin Brothers Incorporated and their team of Parkcentre consultants. Hundreds of contacts with town officials.businessmen. professionals,land developers,industrial leaders, engineers, professors specializing in labor relations, sociology and redevelopment politicians and federal officials, are not listed but duly aclmowledged for their advice and counsel in planning Parkeentze. Parkcentre is a people-to-people concept...the physical result of its planners combining,for today and for years to come,the creative, aesthetic and elastic architectural and engineering design principles, with the sociological, psychological and physiological requirements of a cominniiinity-that works, lives. plays...and grows together. SAVIN BROTHERS, INC. JOHN M. LEAHY & ASSOCIATES Owners and Developers Consulting Engineers Bloom-field,Connecticut South Windsor,Connecticut 11 C.Savin.President John M.Leahy,P.E., Peter M.Savin,Vice President Principal In Charge Robert 0.Kaye.Director of Donald M- Esthus, P.E., Associate Development R. F. BRODERICK & ASSOCIATES CURTIS J. HOOPER Real Estate Development,Realtors Consulting Engineers,Traffic Hartford, Connecticut Madison,Connecticut Russell F.Broderick,President Curtis J.Hooper,P.E. Gurdon H.Buck,Vice President, Counsel John S.Harrington.13:1, LARRY SMITH & COMPANY, INC. Vice President. Marketing Real Estate Consultants, CHARLES LUCKMAN ASSOCIATES Market ResearchNew York,New York Planningand Architecture C. Everett Steichen, Senior New York,Los Angeles,Boston,Phoenix Vice President, Principal in Charge Charles Luckmaan,F-A-LA- James O. York, President Anson James McArthur,ALA- Principal In Charge • Andrew R.Ewing.Director of THE ALBEE TRIEBER COMPANY Pi Public Relations and Advertising Everett Finney,Project Architect Hartford, Connecticut John McNamara,Project Designer Albee Tneber,President CURRIER. ANDERSEN & GEDA Don V.Chapman,Vice President Landscape Architects,Site Planners West Hartford,Connecticut Stanley R.Geda,Principal In Charge EDWIN A. LASSMAN Charles A.Currier,Partner Counsel Christian O.Andersen,Partner Hartford,Connecticut E.Bruce Riser,Project Designer Edwin A. Lassman.,Attorney Parkeentre A $-5 _11rillion Col"Plex In S. W. search and analysis up and do%%n consultant Curtis Hooper of NI_i,, ison the real estate and mark. ne Northwestern' Nleplopias cor- Ln" a .V" *��:7 -0.. 'we`tinciilv�,Lind research 'r, z r:di)r 'he said. e rch firm of Lairry Smivi ar MW V_ Co Inc, of Neu York, the the oes' enVU70-Iment tor our Co. public relaz,on, bee T. com,[e,( in our home town and a&,Tv,sing consultants D West Hartford and Atry La"- area of Greater HartI07d, east of Route 5 in South 'Aindsor Here man :egal counsel we Found all the basic, plus zac- o0l, tars to IMOlement Parkcentres t master plan sucn as an exisring, and projected highway system existing facilit,es above normal population growth and 'rends rapid indusLrial expansion a su- periati%e economic and financial environment natural w o o d e d P_ open land beauty and P-ithusias- tic cooperation tram South %Iiind- sor officials and residents _ `'� `i- £', -`r A number of South Windsor ol• facials attended the briefing on the master plan. including ),Ia%-.girAt or Howard E Fitts. ToA-i Man. alter Terry V Sor a Public c L-nkei - ��?orks Director Emil %V Lucek DESIGNED by Charles Luckman Associates shows typical hudding planned near high Building, [nsDector Donald Mc L,ivahlin and assessor Bertrand of New York and Los Angeles, sketch riseTheme Center at Pariccentre. I McNamara District Congnressman F,ri Emilio Q Daddario. v,-o 'leA in from �tiashineton despite a heavy cold. said that P3,kccnrc would "Open new markets for _.v& consumer produc,; in a very im- portant area AW The Savin Brothers team of consultants, besides architects olanners Charies Luckman k5sociates of New York in- and A, etudes Russell F Brodenck and r associates, marketing consuit- f s. of ants. Hartlord Currier Xnd ersen and Geda Inc West Hart- IN. ford 'andsc3pe arc:ia:ets and s,te planners John NI Leah,. 3rri N�soc,:ites of South Wmasor r, -31fic ja�l rG4R - '�'`� fz - ` eerir.2 con,uvant,� I Ilk, ' R 71- 11-.,. A = d UNDER plan, manufacturing facilities %%ill occupy this t%pe,tructure. Continued frorr, Page One) rear of Inc re,earch and devel ne ,aid that preliminary Peasant VaLlev and Belden Rds opment facilities grzding plans for the Parkeentre The smaller 'acreage. formerly This residential area -.till ),)r inte-nal road system are being the Burr Nurseries on Ellington der the present residential _,rea tina:,zed for early application Rd %ill be what the developers which includes Barbara Rd Ju- aloq the engineering de.iins fa- de,cribe as -,o%%n house residen- dy La Elizabeth St Edze"005 draina,,,e under;rojm utill"es tiai" A similar residential area D-. Marlin Rd Sharon Dr and and Iota[ area li,hiting vie are is included in the rain develop- Hilton Rd hopettil that this jo'o will be com. ment. on Governors H.%v. near The ,nitheast corner of Park- :)!eted )% 'ate Spring -0 that ,ne $.lington Rd center skirts another residential enure ser%ice ,%stem can '), The master :);an as revealed area .%nich includes Al:en and compie,ed -\L[L:al L-mitr-ivion at the conference calls for a 12 Ronda Drs and a portion of %ill foilo%k prcmPti% :0 ]—m- 10 14 story Theme Center it the Hilton Dr -nodaze •ever]! pro<e�'_%e 'Ore I;e develn,xrent In 1. :s ine resident of :he;e enis -en ,I )e vider.—ound park- are3s %%nic'h nave e,,:)ressed con- He he PirkLent7e de m4 a 110-room motor inn a cern over :he M03Ct Parkc-ent.e %e :)ilzrom a -)-)Id rn- ri­:,t-,.n­e 2inerna %khlLn COJ,d might have on ne-r pro_-,e,t,e� 3_r.3LI.k! :11­1 in IS C11neJL an auditorium or fo- and :he parpn,e or ` a',otally punned and )u:Po_-es �ur:rI2 1-he day rneeting is to turthe-ecplairilL:,,e ln:Z cotnrrunizv i carefu a :)harrracy. barber ceoariment store. bo%4 hriv de%elopment in ,,e !iznt of the ,e ecieo oalance -)t a-A o master plan ;ubz revealed de,;,2-,e(i u) Inl e­ .oroorate orrices and )tn- tne -:­m1k -,' -2- cm%aniences fo- -L�e public Tie ent.re de%e!oorrent ..ill -)e Metr-Dow.1n. area ,3,d and the and %kill , tenants Vie oossibilLtV of a :andscaped n� Hirtto,,i )r2d a-,-ade s be-n; ._3niid- :-ortourec and %Ir Luckman e-, %I r Sa%ln aid I, ,•riDanv -2-vd prj%'„Yls'-3%e wen made plaired triat this %%I!) not oni% e-i%istoned F)I',c e n',7e S 0-1c for rarros and esca,a• present dramatic and distincti%e Concept 1, a :)eo0ke_ro__e00,v ,ors 3nd ci-is area %a. e\:)e. sect.na-5 e3cn of he buildirgs oiin :iac :;r,)%ide, [he collec-e �3 -d -%al provide natural i,te In, -e13- ed ::) oe -, Da-jular :) :e an �ut a,so needs for an incli%idt.i3i create quite a'de-rard -ccord- creen for or necei:ar, parking and tion to this emiror-ment and -e..ice areas that I., has been our desire for :0 aMLS LJ c�-ran �ice- create a otalk es L,cKman He also described another o-- rrian� year, ' .res.aen: of C�a- a c i; des,zn , iginal teati.e %rich he 3[,en new nceot n a buiines,-re,l 4 M in� n -1 J P-li-koe-we and recent'% co o let- the 5ui;ciinq cluster conceot corrminii% hzt A -J :-Aeitial Ce-te� .r, Bo�ton %%nich e de,:ned _s :he e ehminare T.3n% ): !he P n 31 '.',3di-;on Soua-e Garden n 2."oupm-, of ,t.,;czures x '-Inc- :rooiern', _--eaiea In 3,13[. %0 Yor-t C.z% iion d,5t-i-),jt.on 'alit induct-,. !L,:'1de, % Me" rraffic'NtovwTnens ,rnme,c-ol )tfi:c 3cace a-den- opoi,can aro Z;­-" 'Arlic.11 autornatical- "VP "Iell '1,: 3nGtne' :,Iaus-a, :,I :e3d T- �nl :o 7�e e ?i- e%oansinn pa-,, e,ZlEed re,­:e't,al n and me )tier aces -a :)r me coos, modest .tou:d nut meet "Ie :-at-c a^d zed -e-ait ,n,!e allo%k ng :Ur-re lerninds o: uu- 71-:1 0'!i out o, --ne de%eioomenz _ncsci-od xeis and zene-il eye, ­r)µ,r�_, citizen-% I,i D-esented In :ne -�,­oack li=ce, He :aid -hat '.;rr,tir 13renouses and M- L_ckrnan �a,d gat .%e ,ho"eci 9 nit .,r,% mxor De- n ac:!:I.es and ,ome ,tore, are ansowEe,% confident [hat ­iis --ourro-L ­,,ned ,,r c-rroine, snDo4 :It -,*.- oc3:ej :)tan %,': zro'ec: 'ne -rcu<:r,ai commec ai anc -es.- John F:,,cn 31%d On ti­:ie- side k,-eve- Hjr,_�,d area 1') -13- ie v,_-jojnc% -n,-,,: --e )� 7-ierne -enter :)iins ::ii: Tle , e 3, a tne oc:ivan _M -i 3'i 11 coni.eot F.C I till 0" -)u Da-i orl, S!Cer 3nd -e'_-0 ::)a,-e On !1:", '71eS accorcing to :near nee,!; 3, _.UZ:e 7here k ail e ,t re­e - r-a-Ke' e,i a­,nz Go%ernor, H-t% --d n ;,-L:t _Jn:, in"le C_)%trn)r ea :zi:on A:. be build,n,-'s -u'ab'e .-e __4 2rz: rj.7-, n Town Re,t Suaed A,j '31 -,tLlated - -,e tee_ �'�,3, -%, E;l'i The Inquirer, P. 4 , columns 1-5 , February 1, 1968 Parkcentre AimsSpring For Construction . `4_1 •+ Residents Invited To Meet Tonight Parkcentre. the S.3•mti,tun :n- r,^ A.ws•w [�' ? ? � .�+r3't7 =- �_r� s�[ .?� d�,t.,at -vmmarcial- re;,derual i . �.r}, �,:-$ 4 .t� �, '�._•-. • :.-- comp'er. ccmoru.n, 42_1 acres _ ..,� �a•. ^ <wro..n w..„/ c� �„1y,, i�y//0. "J1.# ' •'��� A alun: Route S and El!tngtun Rd.. r.-y .' to South ffinds , wiL ;tart to 14a. become a rtalr% this Baring ��_�ki -~ i �' - L f'�►v t�4 Kn Satan Bros Inc. cf B.oc.-n- ;� -�.w' „ 4 ;1� +• �'' :�` "• 'y =v fte.d. :he detelopers. announc_d `ti `` v. ^ �. . a _•_ ' at a .pecLa: catverencz at Hotel �; _ •ate-�.3. 1� .�,.,,„: •vj�„.. 't- �'TM ' �r==� .>^" \menca }tonday :.hat It IS ., :.� � plained then to ,tart actual con- _ , 1 � ` Z J � a; _ ^ J'`� ,tracuun The first projects tall •�� _ ` _ � yt, �_� Vi`O•���-�.y be to lov out a network of roads r.� tn3t3!1 drainage and uuliues, and a -o to hate :he huge la%aut razoned t,I� �' ` �;' -' It;• - - '-r' - to restricted indwanat zone `Y' Q•'! ` , i�',\,� 1�AE2KCEN'SF2� - \n apph:aeon has been Ned It �-_ - '�, l�, ....,.,. � wtth the Town Planning and Zon- ..� ing Ccmmission which will hold a public hearing to accomplish this charge which wcild make it I.- .�� .l�r; possible to detelop Parkcentre as f. - , ti' �L - .`t. .� a park-4ke project. , 1 ,_ �� w. -'.�•�+v� ;+:-i_.: _ 1 This would conform w t t r; _ a ' r r�„fi' ' t•�' 'e`alXy�r t� Parkcentre plans d�ciored at the Monday conference. for a _-j 4 aua..,,,.. - 4 �.. s• °- harmonious total community­ which president Heroert C Sav- SCHE3IATIC 31aster Plan of Parkcentre in South V�ind.or inns iii huge 34S million Satin Brothers development. in aid .v,,ild ba 'unique in the shows boundaries and proposed locations of various build- Construction is scheduled to begin in Spring. annals of thu country" -- --- -'-- -- --- \learwhde, the devetopers will hold a special meeting tonight at 8 at Pleasant Valley School '�o inform the people in the area of the JevelopmenE. the contemplat- ed uses of the land. and the na. tu.e of the zoning proposal- The meetirg sill be conducted by meir.5ers cf the staff cf Sav- in Bros., and Atty Edwin A. Lassman, of Scuth Windsor, oho is couiuei for the developers wtll explain the le;al aspects of the Plan. Rig}J Restrictions,r-- Mr. Lassman said'-tfra_t the pro" posed zoning change would make Luic of cne development more re- --Endive. "require less density and leas coverage of the land by b;.ildings require more parking facilities. and mo:a grass col er." It was understood that seier3l hundred ;nquiries had been re• ceived by the detelopers from firms inter ested :n the comp'e\. and that about 70 were ser:otnly considering !orating indwtr:es or offices in the det elopment once the roads, sewers. Metr000,:taa District water and ocher ut:f:::es were :n All bLt about 770 acres of Park- Centre lay within the botmda-:es of Route 5, Got arnor's HvL% (Continued on Page Four) The Inquirer, p. 1, Column 5, February 1, 1978 ..-� + --�i• -, --� '...'..' - rl'�r.r�+�r�'�'%:�'1:.='%}'.�'-.;�.i�•+•�-`;. �Ji��Y:!Ys+.'��-k: -i;:�y''�•ya'. t W2- .Y_ •k. vF,.v,�}{;r.\+' -.lw.'A--'fit;. -:: .tc`_`r,•'?.=:.t_ �1:-:w�`t`�5` C. -'�iS -_-`- 'a.`'' .•��- �4,.�'t:; . w........... to 'r _3vt?..... s• :i;4w�r {. x ;..s,.- u•�\--r \t:.-..... -. -; � ��� 'y�j�;,.`r .T•�l �1--1r V'ry'j Y ,�� - '� � __ x x �., ,�'4lC,..c_ h r� a F ��- y.�+ .r.\�c r�>>Lti:k < K {i�t• t � _ ...�^' =,ct„,,,,.cY�.�.4pp��C• i''''.�f+-e-c 'iy.+ ',y-�`�c.�i++ --c,�"��4��� a�,�a�y i c '�r°R.�= L}"�a..i v? �,,.�„r Z••`�. r+givr.. - �.- ti-S�ti.._�wi� � .;,_ !- -.ci,�{rT-t_.` L.:. t -�,M <�. to'�{. �.-.y=s�„�ie�c� ��-{.�•w�"G�,F..�y��w�.r,���,Zc. �? �x� r��'�. {-±f.',:�<c�. tA,�-. i�?_`-.✓-''ter i'-`" sic''4� r.°'7c +. c rc"► �, > > ...ty, - t -ter f V r�k+ t- I ., �- �t_r t -✓-t��t_ ss �. �i r� �� . tit ,t �yar`r r r .�c :k�`✓C. }. - , fir' i..y'�_ q. _ v-.�c � � •s����-. �;- t�`a'-x�g ?` �'�itS sYY'.,. „�ic��- �; F .�;.` C L - -.r _ - is •}ek --Y: -'-J` -•_+'Fti;r „'-�art �- _ ,.:�� x +` -Jc:=' c,.�. yt� _ t 2: s,�y'v -,..,•- a ri';- ._s y�yr.tNi vr, r1 �3E l .,,,�;- tf. _ ..ia'3���''ti'�•:}�:ctj�:.r.ti�l;: ?• +; '''. ._'�'. s•'�,"t 1{+tE , -�:'3,�- Y�x *�'^- it.�Y".�t,�.,t, �....qbqk4 ��.. t �'`--'���+-�_ � -► 'y`'*�s�'�'�.• ,ram ea a\v- �� Y- ciow��a }fiHai&.- ;.K d�-Lr�'�- �� ��-`• ��' .'vV�� ,r��.a,�.s� '__ k, 'yC�. r `S, v}s L'•.c".-�t.. r+.f -i j�f'ii.r.t=. vC::-�' '�y,�'�-- +o!' - ... u. aK r 8. 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'Sid'+Y+c$ : '� of_a1Ci-r'�s✓3iLy ?. : 'u t -.`,T4�3' T' .r i n'r.;ir�y_,qc `t"=-Ltil..i+-t3�%.•.= �yT, �ti�,ir,�,: yA/sa3 d- 7�r..�.+' 'G�, rs"_ �;T/ „y '- j4?,-ice{f+��•..;- �.{�f..`fir Sb ,7•-\,SrS'.'G'-t-\ .lr= � ��fr,�r�tiAy Y�'��,.,,,. p,�,�'-"�•,' r-��. rw4'-�4:�:d}�,v:.',C !. _ e �,-v� ++ .�c._ is�. ��_...,,�-��,A^ +��,+-�t���T y{• Y}.;,:rY+t x� �y •��' ^ t "3,� � _, `2� � ,Fr'- +,fir '� ,x,+i�+��;�,ti:'�: i.y o �•� t s Y•''Y'-ri_#Lt`Q ay,�i3• 'a•�G,"` .r �`w s ;� '�.� .�'..- ,'K•;o- .�_'��. r� �� i ion -'C*t'y "n C 0 S' U Wl'ndsor Planned , � - 1 By JAI4IES WHARTON photos, Page 1B for approximately 'one mile, Times Real Estate Editor bounded on the south ' b y Pleasant Valley Road, on the Savin Brothers Inc, today tre was presented at a Hotel east by Ellington Road and on unveiled its planning for a $75 America press session and the north by Governor's F luncheon. On hand along with Highway. million "city within a city, Savin officials was J a m e s Amid impressive landscaping, Parkcentre, in South Windsor, Luckman, son of the noted the area will include a total of six miles from _downtown architect - planner, Charles 45 acres devoted to Iight in- Hartford. Luckman, and vice president of dustry, 41 acres to distribution Landscaping, drainage, and Charles Luckman Associates facilities, most of it along Route underground utilities will be In- presenting the m a s t e r 5 to keep heavy transport out completed by next summer, plan, Savin called Parkcentre of the main part of the develop- when ground will be broke for `°a totally new. concept- in a ment; 26 acres to corporate the Theme Center. business - residential com- _firms and offices, 16 acres to This 15-story building and its munity that would eliminate commercial firms, 24 acres to complex is expected to be com- many of the physical problems research and development pleted by mid 1969, according created in the past two decades facilities, and 96 acres to to firm President Herbert C. by unchecked metropolitan and cluster residential areas, which Savin. Other structures will fol. suburban sprawl." Instead of _ will include town houses, each low for specific clients. an "unrelated residential sub- of a d i f f e r e n t architectural Construction of residential division," Parkcentre, he said, design. town house clusters will await would form "an harmonious In addition, six acres will be final adoptiton by South Wind- total community" with a devoted to "low density Mr of its Comprehensive Plan, population of slightly ov-er 7,000. re s i d e ntial development," expected next summer. Parkcentre, a land area of T -waster plan for Parkcer,- 298.4 acres. lies along Route 5 (Continued on Page 2A) Hartford Local Times , pg. 1, January 29 , 1968 TOWN OF SowUr]FH WINDSOB ZONING RIGULATIONS PREAMBLE For the purposes of promoting the health, safety, morals and general welfare of the community; for the purpose of lessening congestion in the streets; for the purpose of securing safety from fire, panic and other dangers; for the purpose of preventing the overcrowding of land and avoiding undue concentration of population; for the purpose of conserving the value of buildings and en- couraging the most appropriate use of land throughout the town; for the purpose of providing for the health, comfort and general welfare in living and working conditions; and for the purpose of regulating and restricting the location and use of buildings, structures and land for trade, industry, residence or other purposes; for the purpose of regulating and limiting the height and bulk of buildings hereafter erected, and for the purpose of regulating and determining the area of yards, courts and other open spaces for buildings hereafter erected; and in pursuance of authority conferred by Chapter 124 of the General Statutes, Revision of 1958, as amended and supplemented, the Zoning Regulations of the Town of South Windsor are hereby amended and supplemented to read as follows: INTERPRETATION In their interpretation and application the provisions of these regulations shall be held to be the minimum requirements adopted for the promotion of the public health, safety and welfare. It is not intended by these regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by these regulations, or with private res- trictions laced upon property b covenant deed or other private agreement, P P P Pe Y Y � or With restrictive covenants running with the land to which the Town is a party. Where these regulations impose a greater restriction upon land, buildings or structures than is imposed or required by such, existing provisions of lax, ordinance, contract or deed, the provisions of these regulations shall control. EFFECTIVE APRIL 281 1969 These regulations are for convenience only. For official copy please refer to -' the copy on file in Off ice of Town Clerk. Interpretation of these regulations is obtainaole at the Building -_Department or at the regular meeting of the Planning and Zoning Commission, the fourth (lath} Tuesday of the month at South Windsor Town Hall. 4 6 4.7 Recreation - at least 600 sq. ft. of developed recreation areas for each dwelling unit shall be provided. Such space can be centrally located on the site to provide convenient access 4 to its residents. 4,6,4.8 Buffer Areas - in cases when the site abuts a residential zone, other than an RA zone, a buffer area shall be provided. Such buffer shall not be less than 25 feet in width and planted with evergreens in no fewer than two rows no further than 15 feet apart along each row, staggered to provide maximum screening, and using trees not less than 5 feet in height at time of planting. The Commission may require additional buffer width or area or more mature plantings if unusual conditions demand more extensive screening. Such buffer areas are not required for the frontage on a road. The approved planting plan must be effectuated before a Certificate of Occupancy is issued. If construction is com- pleted during a non-planting season a Bond or Certified Check for an amount covering planting costs shall be given to the Town Engineer to assure planting. 4.6.4.9 Public sewer and public water must be provided for apartment uses in this zone. 4.6.4.10 Signs shall conform to Section 4.1.5 of these regulations. 4.7 INDUSTRIAL - I ZONE 4.7.1 General - the following regulations shall apply to the use of land, buildings, and other structures in any Industrial zone. 4� 4.7.2 Permitted Uses - the uses permitted may be any and all of these listed below, provided that the performance standards in 4.7.4.1 are met. 4.7.2.1 Residential use is permitted when a single dwelling or apartment is occupied by a person, together with his family, who is the owner or the manager, caretaker or janitor residing on the same -lot occupied by the premises or plant of a permitted commercial or industrial use. 4.7.2.2 The manufacturing, processing, packaging, or assembling of components or goods. 4.7.2.3 Truck and freight terminals and warehouses together with the right to service, maintain and repair motor vehicles incidental to the aforesaid use. 4.7.2.4 Plumbing, heating, electrical, industrial, hardware and general contracting establishments which may include salesrooms; storage and maintenance of heavy construction equipment. 4.7.2.5 Yards for storage of and sales of lumber and building materials. 4.7.2.6 Any use customarily accessory to a permitted use. -18- L.7.2.7 The following uses are declared to possess such special char- acteristics that each must be considered as a special exception. They are permitted in any Industrial zone, after a public hearing by the Commission, subject to the following requirements: a. All buildings are to be not less than 1,000 feet .from the boundary of a residence or rural district. b. Requirements of Section 4.7.4.1 shall be complied with. Uses a. 'Manufacture and/or storage of alcohol, plastics and chemicals, excluding sulphuric, nitric and hydrochloric acid. b. Manufacture of bricks, cement products, tile and terra-cotta. c. Bulk storage of petroleum products. d. Bulk storage of cement. e. Storage of fertilizer. f. Public utility power plants. 4.7.2.8 Accessory uses normally incidental to the principal use, in- cluding garages, storage buildings, and power plants, employees recreational, commissary and clinical facilities are permitted uses. 4.7.2.9 Prohibited Uses - all other uses are prohibited, including but not limited to the following: a. Dwellings, except as provided in 4.7.1 above. b. Garbage and refuse incineration or the dumping of refuse matter not originating on the premises, except for a public dump authorized by the Planning and Zoning Commission and under the jurisdiction of the Town of South Windsor. c. The distillation of bones, of fat or reduction of animal matter. d. Oil refining. e. Slaughterhouses, stockyards or feeding pens. f. Storage or treatment of ash or other similar materials casting dust. g. Saw mills for cutting rough lumber. L.7.3 Procedure - before a lot of parcel of land in an I zone may be used or a building erected, the owner or his agent shall submit to the Town Planning and Zoning Commission a site development plan in accordance with Section 4.11 of these regulations. 4•i .0 ueneral Requirements 4.7.4.1 Performance Standards a. No dust, dirt, fly ash or offensive smoke shall be emitted into the air. b. No offensive odors or noxious, toxic, corrosive fumes or gases shall be emitted into the air. C. No noise which is objectionable due to volume, Intermittence, beat frequence or shrillness shall be transmitted outside the property where it originates. d. No offensive or harmful wastes shall be discharged into any stream or water course or onto any adjoining property. e. No activity shall be conducted which is hazardous or dangerous to persons or property outside of the lot on which the activity is conducted. 4.7.4.2 Buffer Areas - except for driveways giving access to public streets- all building, driveways, and parking areas shall, in addition to the required yards, provide for a landscaped buffer area along any property line abutting any residential or rural zone. This landscaped buffer area shall be not less than 25 feet ih width and planted with evergreens in no fewer than two rows no further than 15 feet apart, with trees planted no more than 15 feet apart, along each row, staggered to provide maximum screening, and using trees not less than five feet in height at time of planting; suitable existing tree cover may be substituted. The Commission may require additional_ buffer :width or area or more mature plantings if unusual conditions demand more extensive screening or noise abatement to prevent the depreciation of adjoining residential or rural area. The approved plantLng plan must be effectuated before a Certificate of Occupancy is issued. If construction is com- pleted during a non-planting season a Bond or Certified Check for an amount covering planting costs shall be given to the .'own Engineer to assure planting. 4.7.4.3 Signs shall conform to Section 4.11.9 of these regulations. 4.3 INDUSTPIAL PAR - IP ZONE 4.8.1 seneral - industrial Park - IP Zone - shall be designated by p and Zoning � f �.,he Planning CD Commission only in accordance with due cons i -aeration to the following cri+eria: conservation of property values; the imact of traffic in the immediate neighborhood; the general character of the' neighborhood; the general welfare of the ':'own; and in consistency with the objectives and principles of the Comprehensive Plan of Development, L.8.2 Permitted Uses - the uses permitted may be any and all of these below, provided that the _nerformiance standards are met as provided in Sec t;on below. -20- 4.8.2.1 Residential uses as 1 i.,iced c•: L . .2.1 ?-cve . 4.8.2.2 Office buildings and f ins nc ial 4.8.2.3 Research laboratories . 4.8.2.4 Warehouses, and the manufacture, process Lng, nackab LnC, c r assembly of components or goods. 4.8.2.5 Any other industry or business, except those prcriti--e-: in Zect_cn 4.7.2.9, which is not hazardous or offensive or detrinent.al tc the neighborhood because of odors, fumes, dust, smoke, rG:se, vibration or other objectionable characteristics, w^en autr:crized by the Commission. In determining the appropriateness of the usp, the Commission shall consider, among other things, the size of the plant, the number of employees, the relationship of bus Tress use to the function of the development or process employed, and shall grant all permits subject to such conditions and safeguards as will carry out the expressed purpose of these regulations. 4.8.3 Procedure - before a lot or parcel of land in an IP zone may be used or a building erected, the owner or his agent shall submit to the Town Planning and Zoning Commission a site development plan in accordance with Section 4.11 of these regulations. 4.8.4 General Requirements 1 4.8.4.1 Performance Standards a. No dust, dirt, fly ash or offensive smoke shall be emitted into the air. b. No offensive odors or noxious, toxic, corrosive fumes or gases shall be emitted into the air. c. No noise which is objectionable due to volume, intermittence, beat frequence or shrillness shall be transmitted outside the property where it originates* d. No offensive or harmful wastes shall be discharged into any stream or water course or onto any adjoining property. e. No activity shall be conducted which is hazardous or dangerous to persons or property outside of the lot on which the activity is conducted. 4.8.4.2 Storage of Material - storage, display, dumping or disposal of any material outside a building is prohibited if such storage, display, dumping or disposal is visible off the individually developed site. -21- 4.8.4.3 Buffer Area - except for driveways giving access to public streets, all buildings, driveways, and parking areas shall, in addition to the required yards, provide for a landscaped buffer area along any property lines abutting any residential or rural zone. This landscaped buffer area shall be not less than 25 feet in width and planted with evergreens in no fewer than two rows no further than 15 feet apart along each row, staggered to provide maximum screening, and using trees not less than five feet in height at time of planting. The Commission may require additional buffer width or area or more mature plantings if unusual conditions demand more extensive screening or noise abatement to prevent '.,. the depreciation of adjoining residential or rural uses. The side and rear yards shall be maintained as landscaped buffer strips from a point 30 feet behind the Town right-of-way line to the rear property corner. This buffer strip shall be maintained as lawn with a row of evergreens planted parallel to and five feet from �+- the property line. The evergreens shall be placed no further than 20 feet apart and placed so that they stagger the evergreens on the abutting lot, These trees shall be no less than three feet tall at time of planting. The Developer may present an alternate planting and/or fencing plan to the Town Planning and Zoning Commission for approval. The approved planting plan must be eff--tuated before a Certificate of Occupancy is issued. If construction is completed during a non-planting season, a Bond or Certified Check for an amount covering planting costs shall be given to the Town Engineer to assure planting. i ~- 4.8.4.4 Land included in an IP zone shall comprise at least twenty-five (25) acres. 4.8.4.5 Parking and Loading - Off Street. These requirements are contained in Section 8 of these regulations. 4.8.4.6 Area, Yard and Height Requirements - these requirements are contained in Section 5 of these regulations. 4.8.4.7 Signs shall conform to Section 4.iL.9 of these regulations. a.9 RFS r'RIC,1 ED OFFICE - RO ZONE 4.9.1 General - Restricted Office - RO Zone - shall be designated by the Planning and Zoning Commission only in accordance with -due consideration to the following criteria: conservation of property values; the impact of traffic in the immediate neighborhood; the general character of the neighborhood; the general welfare of the Town; and in consistency with the objectives and principles of the Comprehensive Plan of Development. 4.9.2 Permitted Uses - the uses permitted may be any and all of these listed below. 4.9.2.1 The principal permitted use is office type uses . -22- C � SGUm:: WI;ILSCR "IiD Z0T1ij:G C01;11ISS!ON PUP' HEARING - 14.A..RCH 19, 6� I� i HH SCi-COL Members presen,,: Mrs. Evans, r:r. Carino, Nor. Kupchuncs, M_ P'L:gliese and Alternate Fuhr Alternates present: Mr. Cohan, Mr. ►•>iellington Others present, Mr. Donald McLa1_,5gnlin - 3ui 1dLng Inspector Item 1. Application of Savin Brothers, Inc. for c::ange of zone from industrial, industrial expansion and R-20 to restricted industrial zone on prep erty on the Fast side of Rcute 5, I�iewberr.1 Road and South side of Governor's High.•ray. Item 2. Application of U & R Housing Corp. for resubdivision ac,roval of property on Melt Road, serving ld lots . Item 3. Application of John. J. Woodcock, Jr. for Scecial Exceotion for s:.or age o, c''aem,L cal on 'nest s L a e of Kennedy °cad. Legal notice of the hear"_ng was read by ir. Carino and he advised the normal procedure was to hear the items in t`:e order of their appearance on the legal notice, however, because the Park Ceny�re zone c^ange will no doubt- be lengthy, the procedure will be reversed tonigZ t and item 3 will be heard first and t(len item 2 if a representative for same has arrived at that, time. !L . Cari no advised that the procedure wculd be f er an applicant and/or his representative to sp eak first and then all t^ose in favor of the application followed by those who mi(-h wis rl to speak against a_, arolic3t icn. item 3 - John J. Woodcock.9 Jr. of 17) Flling-� Ho3- adTrised than the special exception he is seeking is for the bul'; stcra,e of salt on the westerly side of Kennedy Road. Mr. Woodcock adv Sed; that t-is rock salt is brcught into the site by railroad between i%1ay and Ju:e and is stored on an amesi�e base and completely covered with a plastic material until the first of October when purchased by various t0lwns and c it..es for mixing With sand in prepara Vion for ice and snow. Ln answer to an inquiry, %r. Woodcock advised that there would be a verr limited ru_ncff. No one s cke in behalf nor in opposition to tzis acclica t o^. Xr. Cyr ino brought to the attent .on of those present that 'Uternate :K-r. F uhr was sitting in place of regular member. fir. Violley. Item 1 - Attorney Ed:,r:r. A. Las37an spoke on benal= of Savin Brothers annlicat?on and noted t"a the claps he was were road and Copies of r^,aps were distributed for the public to o'cserve, with a heavy blue line deN_c ring the property for ' -iLcr, the -ne cn nz_--_ is ce_nc,, r�queS t,ed. r 1 �• /_� r :`Tr. jJ"la:l e1a.,c0. t•`iar.+ ti11S 2p:li^.3.,iC n :•i3S u^._.^.'.�C ..;1�,' 1 L='S t one he ha- seen a here; t`� c�lican% is re^ estin more res trictiivre zcniro t or he r {r �:l the a_ _ .� _ _ for industrial usa E-. 1'.r. Lassman r elate^ t'::4 one Dr'_Vtc ry oOr t6.0n 0= e land in CueS Lic- al=read.' Lei -ni+s i.^dus trial L:S Cr industrial expansion usage, Mr. Lassman went on to say that along the northwest and southwest boundaries distribution, warehousing are iniicated - the main entrance is from the west and includes bus iness - light indu:'U— next a Q .eaFcl and�de anent closest.: ore s re- "zden�i�l aria: In the center is the theme center with corporate offices and satellite operations. Mr. Lassman stated that the purpose of the apDli.cation•is for an orderly development of the premises and that the property can be developed without a zone charge for industrial or industrial expansion use but that a change of zone would further control the development of this property. If the zone change were granted, then any further steps would require Planning and Zoning CommLss ion approval. Ivr. Lassman stated that the master plan for usage togetrer with the buildings had been drawn. by Mr. James McArthur of Charles Luckman and Associates, Architects - the author of the utilities map, ��=.._Ila�id Eaesf.-Names Ruxce11,, Associates, 6tO -Maple Connecticut and Mr.^Stanley- -� or currier, Andersen and Leda, Landscape architects ;were all present. _f r. Lassman introduced Mr. Gates, Professional r.ngL eer, who stated that : there presently existed a 1611 water main on the west side of Route 5, a 12" water 7a i-n on Governor' s Hi:'hNay and a 12" water ;rays or. `Tstmeo ?oad to approximately the prODert�I line Of this project. :fie sta;,ed t;:at It was pr�DOsea to continue the 1211 water maLnS along the ortr.-Sou .1 load in the project to Governor's Highwa v and run ano trier 12" water main l;ortheast through the project to governor's riiohway. The re7a ring roads �-n the project would be served with 10" water mains to prcvi de adequate f ire protection. He went on to say that the existing sanitary sewers are in the western portion_ cf this property and a system of sanitary sewers from C" - 1211 in diame"er is pror_osed to serve the project. t',r. Gates went on to relate that 3 existing sto dra na J-- outlets will be utilized (,.L-d--r Route 5) and 4311 and 60" culverts :ri?1 be u:.ed to properly drain where needed, ar_^ that :•7ater sr,edS wlculd re7alri as ex;-S-.- at present, Pipe sizes in trio project •wi11 range from 115" dia:--ter up to 60" diameter, based cn good engreeryng practice. Gates related trial the roald grad--3 will be Set at minLmum grades for prover surface dra Leave. Mr. Lassman next introduced :.:r. Geda who explained that the buffer principle to be used on such flat terrain is 'tearth moundir.g't w'.^.ic: creates of=les� to be Lntegrated wLtLj the exLStin g vegata%LOri.--�f�.... 6�k-1-� e•lated- ,slat blif'for a wi11 take-_,pl.ac-di'e'o-,-L-all sLreetS and- *trZ thin the project- also. 1':Ir. Lassman noted that s ide;laLks are desigr_ated only i n t: t:.e^e center at this t_me . Mr. Ca.rLno asked if there were any others .o cared :,o s pea.k on b--^al; of th=s a-D11c3-�io:?. r;'"1'hamas '.- on,�:e -1=1 of llu Cli n,,cr_ Drive sta-.ed thzt he would like to V be reccrce� in favor r� 's �i i._ V��� _Cap _OP t W � ±S av1 " av a a':'Jire desire on t^-- ,art o-L e developer has been s':O'v"n tcnLT-n-, and pest to- avoid- i-ft r Lng Lng on she_well be in - of ne residen :- Mr. Royal Cowles of 19 Charing Road questioned whether the proposed 10 story theme building would be developed first-and `-_. Lass..an rela,,ed Uhaz it is being planned as an early portion of the development. He also quest=oned the possibility of a professional athletic 'field being erected and i,s. s assman indicated that it was not in the 'Dlans at the present. Mr. Milton Freeman ci 630 Governor I s Highway stated that he felt tae To,M, would be making a serious error if this zone Change were not granted as South ; indsor needs such a develooment of wnicLt can be proud. Den dz ins id s f "Strono..Rea a&pok =in-f avo.r_:_of- thrs&ap_ aR—ea+ion, _v J,�,� T�c�'Yn-_a_5 �.x►•4,��'E��O'o'�.�""�Ttt��., si e2:c=na for r..:rse11 —,na ..,.r husbande who is not present, would like to go on record as being in cornoletetf i� r Of this aopl `cat ior.. Drive quest- tined when bLfffers­would -be in�„�►alyed and"i1r..r,�a .sman�.staied at. this would be done wher�_o-.nstructior_ started. He reiterated that na constructiar De•relopmen+- "ft_nd cu-fer_ing for each si�,,e by--+.+F--•Planning` and ion. Everett lelaney of �0 CCICnjr Old Stated tn�t he ',IaS 10,35 for tniS development, N' ^ r= + ct r c o a + 1 4 _ r. Ja. _nO hen asked for anyone who cared T,o s"e.._k ii Op,OSi�tOri �O , n_S ac—..lication and hnn&-!arsh- 7rof- V3-Mar-i.Tjr.-kR-oa-d- stal t ed na sne was not � agaLnst t� -' Cc. tre but a-'ai"S' rezoni nc- as s^e ref+ era+ 1nCreas ing it d i 1 G a � 1. V t .J � v � 1�.J 1P_dus V r�al area only aaa�` ta-i �oll �.ioaa e:ns:_in _1 u Vure ge^.e ra Vions• : T/y 7� T 1 r T r S i n }- ^i 4; ,„ •• n } par t c -r ♦r.1 . ♦ r�vl r V. lJ.l 1 Ll 0 1 ..� �J�1� .•/r i Y e � J•'.-V e nl t. �+'V I.L v .i _�.l J '1�1 G.-l V V O U�+1 J L v�. i.r _ J speak against it but would like to ask a f et,r ques=Vi Ons . e t:en asked, if the zonirn r eg-•;lations encompassed the restricted industr:al zone and sir. Casino stated teat they d:d irn Sect ionL.'J aZld proceeded tO read t^is section. I r. Ed-land requested t-.at some dimensions be•_ut -on Lae nei¢ht, wl.dth and slope Of tr.e Dr000sed- bu?•ierina:°ar3~ `:r. C2rino- advi-sed, tnat the prOViS ions of t^e regulaLionS=_provide- that the deta} l" Of such items as the buffer str1D shall be required" w;:en t`.e Plan of Developmnen.t is submitted acid :lot rrti"a:1"t•he "zone chanoe,iS;,p esented. ir. Cari-no went on to Say t^at .7 r•.. this is the first s teo in a two s teo prccedur e. r irs L a zone c'r_an ge is estaOlis'r.ed waiCn does not neCeSS2r'_I�Y ;ef�1^.e t�e b'�ilding� and t'le the acplicant i ustl . come -.ef ore the Commission for eac.^ b Lld;n or Of build=ngs w=tn a Plan Or Developm:..l'. Where�n ie S i OWS Ogle OC .t ion, S_Se +' c -4 r._ '"Dads n d S'd :raL . nd 1 �e-a-* ' - .the build ings, lands Gu_,.�,, 1 e ? ?� ,,11r. 1Ed_I._iL-iCIIn q' ; oned wnet'-:er t':e dev--loner c^•�1a ICe n.e_I d o s.t I h-2 r state t;:ey will do and `Lr'. L.css stated tnat Ce:ore j' 0- 1--," Can be erected anol,ier *�1ar. r,,,St be s,-;.... __ed �o +no rr,m; : o � . +� V V1 �.1 Plan l�J. ��i�r J J �/C ../�_V CV,•+�.Lv��V/aL, rl..G, �-. J1.:1 11, *,n C.^. t,."�" ieel ror+es��1r j S 1C' can direct any chances j C'iaP_�-- v ��^e drivewJa': E�C._ -r_C S-:,eCl� C 1_.��+rG'J-cns on buffers state t-::_t t..-y s`ta2.1 be no r:less th 2�' . *,j,, acres_-e i::VO" dE; 2n: `:r• LaS"S_a. r eS Cn:e., i. eXceSS C_ C`JJ acres Cf .: ,i _ - rC::_..:�2-✓ 2' �S _n Rural—, - and 17 Mr. Edl'and Cuestioned w�ie tner induS:r-al waste would' be covered in the s zone chans-e to W.^LC'1 '+r. Tasz'?an anSy;ered thaw i t would not . Mr., =dlund th en asked Groat the per^litted buLldin� he iaht use in t;iS zone Was and 'Mr. Carino resnonded t-.':at ir the I zone at ;present there are no limit—.at—ions. Mr. Carino s rated that any proposed buildir.-s are not related to this Clear L`lb as t:iS V is strictly. for a zone c^an`;e. Edlurld then reauea-ed the exact differences of permitzed uses in Rural, 1nC1uS trial and t''teStricte d industrial zones and 'Yr. CarLnc then read the per„i i t red uses Ln the present industrial zcne, DresenL restricted Lndus JriaZ zcne an-li aural zone. 1111r. Carino in ex-ola ini n� the difference in permitted uses related that many uses new ;,er^1;tted Ln t:!e industrial zone are not sc per; tted in the restricted LnduS trLal zone and tnat the -cr"?_t-ted uses '_..- t!:e restr iC ted Lndus tr ial zone are not now oer.i,i tted in the Rural zC:le. TaSsman the:; eXcla Lned that t;:e uses will Ce so Varied tnat iL would be I iI1pOSSlbl.e tG T13'.Ce a Set Of reQulatLOns t-liaL ;dc :1.. aUpi to ever use but that- the PlannLn L, Zoning Co^L,,'_SS _OP_ under taLs zone can s-ell out re quire- rents for each individual use. ;1?arsh then inquires _f in -­-a-=4-r_= - zone �Je 73 s .,Tas Cons_dered an,^.. `'fr. van,_.^.c C tc teC V::_^ was _ -nay l.er O_� '�erSC:;31 cc on • Mr.,z4vA=.,4-a -� of f Ed ewcc-� Dr:�re sta;,ed teat Le fel,, ',:a- iff tl-lis zcne change e were anted that -.� buffers cr.�.. ' ' }r zcne rs r �r e}__S c�TcrJ G•, l�.ie industrial Ta s cn zone 'Join �^e e1 -zee inc,, as to ::yet~en, �-e ':'oc�n exi n i 1J 1.im_ra J Id 1 .,,. Planner had g4-ven the Ccm—issior. a :dri tten reccrt. i r. Carino related that the Pla:,ner Ln work4 ng Edith the Co,mmiss icn has said that the Park Centre plan is cons is tent v ith the Co;^prehensive Plan being pre nosed for ..august- of 1968. ?!r. Farrell related t,^.2 t we are now u_'l:.e:' th.e 17j� Co;:Jre'nen A-ve Plan, wC iC"i was in ex--s tence when he c'urchased ri Ls ero.)e rt;,r WLLr? praDe r buffer ins fray; Indus,,rial zcne at end of :^1c.-k and vices en record as ne, '-_eil_= in fa:-or cf the zcne cnar.7e, W- .n reC=--t, as. he feels ;,`ere is merit to a great deal of the clan but not the Rural zone cnan,e . He sLazed zl:o.t re felt t'nere Si ould be. hei; t restrictions ,_'ni YueS-�,Lcned t^e perm-_tted res_de_^.t:-al use under ? Tna'.istria1 zone . Mr. �arLno related t..a t n0'v OnIJ 1:1 the ':'1: Of "Cush 'i indSOr but other tooi"ns as :dell rjSi:e nces are per^IL teed in com.mercial and .L,. � tr al zones uncle, vier;• restricted conditions . :-r. Carino also noted t`:at there are no hei 'iz linitaticr.s L-1 present I and T:f zones . Mrs . Le"h NLcholas ccmmented or the use of land L^. ?ural zone su-, as f2--mini and whetter a farmer. ^rowino- pota��ces could ccrvert t':e land to tobacco '^oWL:':c Mr. Charles Sullivan of 1'2 Ed::-ewocd Dr--re s t. tec that he ob jeczed to .ne --hanze of the 2[ acres of land an; fel tsar tie 1-ndscapir'. m_=h-, be unsiZntly- from his crcper", an-, ne T.-?cold 1 ke to see ever,reers planted at the base. of ^e hil1cck . :1 "�a. ; c of C-o;rerncr's .rrs s-a-e� �.__� A ram • . J ll�. LL L l_. _ V Park iof4ec i_on to „en,tYe cum of 1 n..e Dural 2*- acres , D. o ,� �^r-?P' ' f' 6' ge ., J„';i e sta e J -ra' (:e ca, a crec_a�e cb ..,, _.nner e. C") �,r_' _��c�. _ r u � :- tFi s t,r-oe Cf de reIce;,en� cooing for'�iar: i Jc'.�- Sh ird.sor Cuv :e feels t:cat t..e. 'Jresen.-t Qu'f one SnGuLd r e:-aL._• i of -Hilton Erive questioned the drainage on the eas�., side of - ;a `r,^ ~' �aF=eE�thai.,EXiStLTl'' ' iQ 'Eil �ra_rS_ ?1.mil J�.•oe t,.e n ore rty and 1__ .. Cate _-ell � z-ecL_.eimtu 'inQ._.in-t0--At �;DQd=IC:-R--ver. He pointed out that _present plans are only arelimi-nary and that proper drainage will be provided. -ors. Jdlund commented on t-he brochure out out by 3roderick Associates w1 ich c1-e4 a motel and she noted that it was not sho,•m on the map. M_r. L assman explained teat the brcchu-re:-.-is- a se ling- ao� and tC1aL any par i C:llar use would have to go before the Planning and Zcninc COmmisSion. Canino read the Town Lr.gi reer' s report regarding engineering aspects cf this aoplicaticn, which recoml-enda-ions are taken into consi deration. '�'^ Herbert-,- K. ile is ter of 168 �'dCe?:rood Drive asked if tie Corm-ss-cn had the _ . . r Vo °rant part of tL e requested zone char_ze and deny part. S taz,ed that- the CcrLmizs On has t:e power to grant tr_e cc-7plete ar'D11ca t1-_r or any part of it. �`t�• %Te1S Ver Stated that he still dldn' t 'know whether Or not- he ;d3S 1.a_3:.rGt t;ie aDi 11CatiCn bL't fe1'J that it locked 1_ke a co-i-promi—se on wh- -. r2 Cis no t care t0 ex-poun?. "�l:i-'d "eSt=Cued h '•."�ul 'ray -e5 be_"_ h`scna=ed into s;,crm sewer : . _ U �my empty.i 1: JO a � -ste � and •Ir. McLau--7in ex—ldned tta sewers : ltae-Water ,„ and would CO-;y c a:;d toe v,�a Jer ',eScl.- „ s Jc„l.,i�� cn co: J .ls vV� Cl water not allow this type of w-Ste In storm, se*•TPrs . the benefit oftae Comr•:iss ion. he would like :r. Carl_.o relayed that for 1 get an ex-Cress ion f ro.m t're pub! is and t':e res�onse was J� 5 in favor of the proposal as -t stands 11 ov_posed as it stands 19 in favor of a rev-Sion of 'J, e plan: w r i ch reduce amo- of res-den--ia! land beinv requested. S of loca' traf`'is and :-ir. ,'.r. P,�gl-ese req..e�ed n ind_ca�t-;_cr. o� i,�� ac:, -a planned been ^lanne Cli scU L- and one l.•aSS�1'iari advised tn3t ama-Or ar..er� had b o 2 CiZTay an ' another no='�-_SOuth road cor.necting :�1�� riot1'n to Governor's _i a ;n r --�.�.' _eC ��+� T0S.5 fol;, two roads onto y'1 load and the ;rain entrance a Ro 5, - Pleasar_t 1 all e jr �cad. In from Ltr• „'.1r. Lassman in,_4 Ica ted ��:70 ±Ut?.'"e areas answer to lnc a-*' ., .gym r ._ 0y dev elcc,^lent On the man labeled TTi c,r OL'S2S. i ound brea Lr_7 would -1'a-e place anti I.-Ir. YL'�112Se 1:1gL.:1re.... as t0 wr:e.^. ^r _ "... " Lass;pan responded as soon as pess ible . . Evans quPs t=oned �N^ t`� r z=rk i-nT was inn-sated behind t;:. 1 per _r rs . e `�� e. =u „ m exis ing reside"tia? areas and `4r. an i� t:e cars would De vls idle I l 0 � - T n c s stated-e that ' e`� 'mould n0 t :•IC en he ems r t _ mcunas are 1 r_s t, �ed. �.. ?:3n Ja t 1�1 �1 i- be done as'-constr•:ct��on presses . ne ,-nd.ica=,ed tii�W ll 1A„ r1 '/, �1 =� rP a�� a �}�e�' _V a res on lean J ,re e.rT Y`�vJ r._ . Car ino ne � J ., 1 ^^�cer- of increased trarT 1c or "air Sl'•'eSt as a res'�1t G- r:t '„2:1Jre . � � 1 J 1 ; ^42�-- lc_ been ` ed � c-ns'1l--d an a re ..„ La umo^ S " � ' L vS tan as presented for roads me- w;v'' thef arcvaI and no do � i1 _ 1 t '" t.ere n0 d-ub-. W:_l be r2Cii:1r ed at the fiai,, ?P_.=3'?ce. 2 21SO s ,3 Veu :la would. be ins ea -- Mr. Kaye of Savin Brothers pointed out that, the future planning of the State Highway Deot. does call for a new cute 5 cc u ecting Cover nor Street in Bast Hartford parallel to Route 5 to East '!:Lna'sor. Mr. Carino inouired if he was correct in assuming that 5-10 years would be the time of completion of the project and asked what provision would be made for controlling dust during per:ed of con-struc-vion. Mr. Lassman related that seeding would take place i-,.-iediately and that each area wculd be completed in sections . Mr. Carino t::en asked if wetting down process Was used and Mr. Kaye responded in the affir-�ative - read beds are wet doTrrn and calcium chloride is also used. Mr. Carino then led a discussicr_ cn the very narrow stretch of Governor's H',Igh.way and the possible future wialening o. this . Mr. Lass7an stated that no doubt it would have to be chanSed or an alternate route found. :•fir. (S+ullivaann qu�eeried as to whethe. all dr ;rage would be .nd.ergrourd and -p1T`�-t3CL_�P�i:J.G�4C�-lr���V��©`.sa�:�� d�tC►1� �' �g--efmtemItted.,• ,:r• rIc3veS stated that drainage Problems no,,T existing in flat areas would be corrected by installation of s tor;. drains. U Philip 3raender Questioned ce4•c-lesed and :.Tr. Lassman-stated•-that it would but will require ac.ion of the y o:•.m Council. .s. 3raender inouired of Mr. L.assman his cci.n;on. on the effect of values of prccerty when industrial deVelcoment cccured. „. Lassman stated tr:at he fel,i in the two instances which he could recall at the present,, reap esta-tef-load- sk-ji rocketed. i-ir. Ldlund then inquired as to dust control in the winter as well as the summer as he had found from past ex-cerience tnat i t was worse in the winter. "Ir. Carino then related -back to '•Zr. Kaye wno stated that tr,is would be done piece meal - landscaping t is , is - ar_d e rcac�"'c�'rs�rTlct:cn will- be done An oneRlseas on. David S. Kidd, Jr. of rdgewcod Drive questioned whetr.er a road would be cut from the residential area to t'r.e development and Kr. Las:man stated there wculd not be . This portion of the hearing closed. i g - r 7Ai � r - ss r ^riswold Engineering s t@..ve'd Item 3 - � � Housing r.� M.. . ,a ce. . .z.� o_ �..r. that he felt that all regulati cns had been ccmo=ied wi.,n and mould be happy tC r.as7ser-any Guest-.ons from the CC ''lL-S-on. In answer to Lnqulr'T from „ir. Carino no one s:oke o: Cer,alf or L'1 cores_".ion. ' 1,a i^ woad gin,?` ors „ec ,imencia „rs da`ad nvy,,, -^;,r �7, 1968. :Ir. � r :o _ low-n �. �lre.,_ s 1 c„ .�:.�_�:.., .... � �a. irs. "vans questiCned the ;,rccedure to be Iol' C,,-ed i ,'. an,4 ease^eri,,s cn the cul-de-sac when 1t becomes a L rou'j n S 1rOeL. t"_r i"usS ex-claLned that when e s;, ee� is ex.,e i r 1 •-.r?a.� t 15 deeded to ^C t:,�"C"er+ r C';+:ler wi.0 C,;iS t::A lot in t,he form o; an, e:se er t ce re-era ed Lr rec'ues ted but oian C des ire i tc rema_.i -,da1ed. I�Q 1 Ikf' STR81ARY Timber Ridge Homes - Section 1 - 26 lots APPROVED Raul N . LaFrance-subdivision-preliminary and final APPROVED Raymond S. Holcombe - subdivision DEFERRED NCRD Application DEFERRED Respectfully submitted, Barbara V. Zbell Re cording Secretary SOUTH W DSOR PLA,TIT LTG :',_\iD ZOIT LiG CO12 :IISSIO=`d S PE C LPL iiTET I:1 G - A PR IL 11 1969 TIlCIMBERS =SINT: Mrs . Evans, Mr .Carino, Mr . Fuhr, 1�± .Kupchunos fir .. Puglie se ALTE'RTASS PRESLTT : jjrr . Cohan, ldr . ;��e1lington, Mr . Zagorski F • � r � � y lV�:r �a representing Savin First item for discussion was presented b,� .� y ..p g Bros. and Parkcentre . `rlr . Kay stated that there is a client who wishes to build a 350 000 so . ft. building on thirty acres of land in the Parkcentre area. :vr .Kay g:seInted a proposed sketch of the building which would be a distribution center . Eventually, the building ' would be expanded to 700, 000 sq. ft . The building would be built by a firm which is not now located in Connecticut and would be a warehouse for consumer products-there would be no smell, dust, noise , etc . The firm will bring the products in by rail end dis- tribute them by truck from the building. Mr . Kay presented a plot plan to the Commission and stated that the 700, 000 sq. ft , building would cover just under 55`' of the land. IJTr . Kay stated that he had consulted with the Sewer Commission and that they had a^reed that the sewer line could be moved to conform to the property line . Mr . Kay asked for the Commission' s informal approval to re,-,iove the Northern portion of IZ utme�• Road and straighten out Satellite Road . �,jr .. Kay stated that South�Sa to llite Road would be moved up against the property line . The Co��ission felt that the proposals were good and gave informal approval to them. Mr . Kay stated twat he would retur~l to the Commission with a road layout for final approval. Next item of business was the industrial subdivision of Joseph Vin ick et al on the West side of John Fitch Blvd. The Commission had given approval to the subdivision consisting of lots, and the applicant wishes to combine Lots 5 and 6 into one lot naki_n the subdivision on the `,Vest side of John Fitch Blvd . a 7 lot subdivision . Unanimously voted and so ordered. Notion was made by I,rrs . Evans , seconded by Yr .. Kupchunos to apnrove the site development alan of iurbotec submitted 'by Josep-z B. �i in et al. Unanimously voted and so ordered. Respectfully submitted, Barbara V. Zb e it Recording Secretary South YTindsor PL.4:\TIT]IT G ACID ZONLNG C01,1111SSIOi\T -- PUBLIC rEA_�c.'TL�IG - APRIL 1, 1969 1,21q=RS PRES NT: Mrs. Evans, Nir . Carina, Mr . Fuhr, NIr . Kupchunos, mr. Pugliese ALTEFNATES PRESENT: Mr . Cohan, fir . SYe llington, -Mir . Zagorski MT . Car Lno o oened the meeting at 8: 00 P.M. with the reading of the legal notice . He stated that 10 or 15 minutes would be allowed for the public to read the regulations, copies of which were provided, and to peruse the proposed zoning map which was on display. 1�,r, Carino 'said that the regulations would be taken section by section and comments could be made at the end of discussion of each section. Mr. Carino read a letter from the CRPA. It is required by law that any changes proposed by a town which are within 500 feet of another town be referred to CRPA for opinion. The letter generally said that none of the proposed changes were detrimental to any surrounding town. Section 1 - Definitions . l,ir . Carino went over the definitions and pointed out which were new definitions and gave the reasons for the changes. Bradford Alpers asked why the trailer length was limited to 20' in length. He stated that there are many trailers which are more than 20' in, length but which are not mobile homes . 'wir s . Evans stated that the Commission had talked with many people in the past and felt that this was a good body length for trailers . She had been told that there were not very many trailers longer than that . 11r . Alpers felt that the definitions should contain a definition of trailers, but that a length limit should be left out . Section_ 2 . Nir . Carino pointed out the three new zones and the fact that I.A-40, A.�-20, Cx and IX zones were eliminated . The Commission felt that these four zones were ineffective and not needed. Attorney James R. McIntosh asked if it was the intention of the Commission to create itf loafing zones" since there are zones which are named in • this section but not shorn on the map, specifically the RA zone . He asked if the Commission would consider a change to RA Ln those areas which are stated in the Plan of De veloament? 1Mr. Carino said that the Commission ;rould consider such a change and stated that an applicant could recuest a change of zone in any area in toxn if he so desired . + Attorney James Throwe asked if the area shovrn in orange on the Plan of Development map was the designated area for apartments or could a person _petition for a chan_�7e in other areas of to;vn? Mr. Carino said that it was the Commis3 ion' s intent to make. a starting po Lnt for the introduction of apartments in Sout"_ He said that the whole to-,Y•n i•s not opened, nor_ is the door closed for any other areas . In five years t:_E Cc=iS:.icn will nevi e-a the Plan of Develocmer_t a-_d see if more aoa-gents are desirable in South 'i`i1ndSOr and decide where they s oulc go . 1r . Throwe aS�:ed if the Co,"LT:'Iission would consider any area except tale cranze area f o_ a-art'�er,ts before the five ;years iS up. 1,'ir . Car iri0 Sc'�iG that an-, per soy can come to the Commission at ar77 ti=e for a zone c ange in any part of toTvr. . Section 3 . Mr. Carir_o irent over the various changes in this sect i or_. Section 3 .5 and 3 . 5 . 1 were changed . Section 3 .9 corner visibility, the planting area was revised to reflect the 501 distance . Section 3 .10. ; ', - the ZBA could change a non-conformimc- use to a lesser one and the Commission felt that -tis served no purpose . Section 3 .10.9 eliminates the ZBA from being able to- change the yard requirements, Section 3.11. 3 now allows the accessory building to be built as close to the rear lot line as the side yard distance in that zone . Section 3 . 13 .1 adds the words "same side of an intersecting street" . There were no comments from the public . Section 4. -Mr . Carino went over the changes . Section L.1. 3 excluded veterinary kernels and animal boarding homes. Section 1;.. 1.5 , the signs in RR zone were pointed out . Section 4.1.8, all uses considered spec: exceptions are now permitted only after oublic hearing. Section 4. 1.6, 4.2 .6 and 4. 3 .7 are new and refer to Section 7 on trailers . Section 4 .4-0. regarding signs in the RC zone is sliGhtly different. Section 4 .4.10 is a catch-all phrase which is put in because all the proper uses could not possibly be listed in the regulations. Section 4. 5 .2.E is the same type of paragraph in a GC zone , Section 4.6 is a com- pletely new zone which his all of the requirements and standards for an apartment zone . Section 4. 7, the industrial zone, is iarritten in a much more general way, however, the Commission has kept adequate control by the use of performance standards over what goes into the I zone . Section L.7.2,9 lists certa�_r things which are not permitted in an I zone . Section 4.7.4, general requirements, apply to all uses in an I zone . Sect�cn 4.8 is the IP zone and has not been changed except that 4.8.2. 5 is added as a catch-all phrase . This gives the Commission some leeway as to what can be allowed to come into the zone . Section 4.9 is a new zone for off ice uses. This indicates the requirements for an office zone . Section 4. 10 is a flood plain zone and is a new aone . Th-s section shows permitted uses andy re- strictions. Section L.11 states the requirements for a site develooment plan which must be submitted to the Commission in any commercial or industrial zone . Yir . Edward Kuehn felt that public sewer and public ;rater should not be required for educational institutions in a RR zone . He would like to see this change to read adequate water and sewers. Nalter Mlealy, Chairman of the Industrial Development Commission read a statement where i_n he stated that the 10-mem'her board of the comm- ission had voted una.nizsously to withhold support of the ?lan of Dev- elopment- until such time as they were given the consideration of being heard regarding the com=ercial and industrial areas of South Windsor. Section 5 . The only ne;,, addition to this section -ryas that the front yard in an I zone had been reduced from 501 to 351 because of the value of industrial land , There were no commer_t s from the public . Section 6 . Themly change was that 6. 3 .b ;vas added . This was taken fro.- the apartment zone . There ;were no cou,nen is from the public . q' •''�; � $ _ ��ih3� �_P1^ �"'`'�'a"•'?<�--,=-��,':a - -�—tt� s, '�r.��=$''• 5''�'"�,=`;3.nY�� �� ,�,� -a'3.x: �'=�'� xy- Clarify special uses requirements of Section 4, 1.8 by including the words "including provisions for adequate water and sewerage facilities" in opening paragraph. 2 . Remove items 4.1.Sc 2 and 3 . 3 . Clarify general requirements of paragraph 4. 6. 1 by revising to read Restricted Apartment-RA Zone - shall be designated by the Zon in�-- and Planning Commission only in accordance ;vith due consideration to the following criteria: conservation of property values ; the impact of traffic in the immediate neighborhood ; the general character of the neighborhood ; the general welfare of the To?ern ; and in consistency with the objectives and principles of the Compr hensive Plan of Development, t` 1; , Clarify general requirements of paragraph 4.5, 1 by revising to ;a ! read "Industrial Park -IP Zone - shall be designated by the Zoning and Planning Commission only in accordance with due consideration to the following criteria: conservation of property values ; the impact of tral f is in the immediate neighborhood ; the general character of the neighborhood ; the general welfare of the Town ; and in consistency with the objectives and pr inc iDle s of the Comprehensive Plan of DevelopmentClarify general requirements of paragraph 4.9 .1 by revising to e read "Restricted Office - RO Zone - shall be designated by the i Zoning and Planning a g � Commission only in accordance with due consid- eration to the following criteria: conservation of property values the imoact of traffic is in the immediate neighborhood ; the general character character of the neighborhood ; the general welfare of ° the Town ; and in consistency with the objectives and principles ' of the Comprehensive Plan of Development" , j o . El linate the requirements of Section L.7. 4, 2 and 4. 8 . 4. 3 , 7 . Clar ify the general requirements of Section 7. 1 to read as follovdS: "stored in a garage or otherwise completely enclosed structure , shall not be permitted Li any r es ider_c e zone except under the a following conditions. ' , � . Clarify the parking area of Section 7. 1.a by reWritin0 c, the Para- o aph to read "a . The parkLig of storage of such vehicles is pe,mit�- ' i ted only on that part of the -l.ot which is curcumscribed by the II� 3 front and side building lines a_nd by a line across the rear of the 1 i lot not closer than ten feet back from the rear property line" . � s 9 , .,lodiiy Sect ion 7. 1.e to read "e , No such vehicle shall exceed an ` overall length of twenty-seven ( 27 ) f pet ff , Llimi~�ate Section 7. 1.f . _ 4 NO. 81-0266179S ALLIED PLYWOOD CO. , INC . APPELLATE COURT : STATE OF CONNECTICUT VS . SOUTH WINDSOR PLANNING DECEMBER 21 , 1983 AND ZONING COMMISSION BRIEF OF RESPONDENT SOUTH WINDSOR PLANNING AND ZONING COMMISSION IN OPPOSITION TO • APPELLANT ' S PETITION FOR CERTIFICATION SUKMARY AND STATEMENT OF MATTER INVOLVED : On June 28 , 1981 , Appellant filed an application with the Respondent, South Windsor Planning and Zoning Commission , for approval of a site development plan . Appellant planned to con- struct and use a huge , metal warehouse 32 feet high and more than 53 , 040 square feet in area on a lot known as Lot No . 6 in the Parkcentre Industrial Development which it planned to purchase if siteplan lan approval were granted . The subject lot is located in {(S an industrial park zone but is adjacent to a residential area ,AR0 M. AIT'TEP45ANO q ,o (A-20 Zone) which includes existing and occupied residential homes i)4 EII W-e-?0` , .witi0�> CO+h C0074 — Appellant subsequently submitted final site development plans for f203,e•• 2454 2 the proposed development , and on September 15 , 1981 , the Respon en Commission held a public hearing on the proposed site plan. The main areas of concern that were addressed during the public hearing were the tremendous height and size of the proposed build , i 1 -Z- its close proximity to the abutting residential area, the lack of an adequate buffer area between the building and the residential area, as well as noise and safety hazards that would be created by the location of the building and its use . The building and its railsiding were to be located less than 70 feet from the abutting residential area. Serious doubts were raised as to whether satis- factory buffering could be obtained to prevent depreciation of adjoining residential homes as required by Section. 4 . 8 . 4 . 3 of the Zoning Regulations (Exhibit A) . On October 27 , 1981 , the Respondent Commission unanimously -- denied the application because the building would infringe upon the nearby residential property owners and their . right to enjoy their property, particularly since a satisfactory buffer area could not be provided in view of the size of the building and its closeness to the residences . (See minutes of October 27 , 1981- L,A94O«ClS meeting attached , Exhibit B) . TARO M.RITTENa'lANO From the denial of the application , Appellant appealed to the /3A ELLP.GIOw POGO . w rQiOw C O-.N Oi0 7• Superior Court. By Memorandum of Decision dated November 28 , 1983, 120316AA 2456 Jv.10040 b0412 the Court dismissed the appeal , stating that " . . . . it is clear that the Commission did not conclude that the site plan met zoning requirements . It concluded that , given the nature and size of the operation , there was insufficient buffer to satisfy Section 4 .8 . 4 . 3 r _3_ of the South Windsor Zoning Regulations . . . . . Pursuant to Section 4 . 8 . 4 . 3 , the Planning and Zoning Commission was legitimitely con- cerned with the question of an adequate buffer . They clearly felt that the proposed buffer was not adequate and expressed that con- cern in rejecting the site plan application . The assigned reasons are supported in the record and are concerns properly before the Commission. " From that decision , Appellant now seeks Certification for Appeal to the Appellate Court . QUESTION PRESENTED Appellant sets forth two reasons , under Section 3137 of the Practice Book , as a basis for certification ; that the question is one of great public importance and that the Superior Court so far departed from the accepted and usual course of judicial proceedings s to call for an exercise of the Appellate Court ' s supervision . L•..of►cEs Respondent contends that Appellant has not sustained its burden to ,APO M. RITTEt48A►O ,,.f.,%."G7U..pO.D rove that this is true and , therefore , has not shown a basis upon w 0.060A C 0+.ti 060 7 A which it is entitled to the extraordinary relief of certification. 1107)6AA•2456 Juwhs r.0 S0r 12 ARGUMENT 1 . Appellant claims on Pace 3 of its Brief in Support of its etition for Certification , that " it is a matter of great public -4- importance that zoning com;•nissions apply regulations as written . " Appellant ' s contention apparently is. that because the site plan was rejected even though it complied with the zoning regulations , the Commission in effect established new regulations without notice and, therefore , violated Appellant ' s constitutional rights , which akes this an issue of great public importance .. Appellant ' s con- clusion is based upon an inaccurate description of the facts and convoluted reasoning . What actually happened was that the Respon- dent Commission found that the application did not comply with the zoning regulations , and , accordingly , the constitutional argument as no basis . Appellant may dispute that the Commission so found r had a right to so find but that hardly makes it an issue of great importance. Appellant made that argument in the lower Court and the Court ruled against it in accordance with Connecticut Supreme Court decisions . Goldbergv. Zoninq Commission of the Tow f Simsbury, 173 Conn. 23 (1977 ) . There is , therefore , nothing that distinguishes the instant case from ordinary zoning cases and LAIN Off<1% SRO M.RITTEMCAKO issues therefrom already decided by the State Supreme Court. Con- 34 LLIM.G►OH ROAD `"'"O"" `o"'" °°°" sequently, there is not a question of great public importance that 41V31644 J.f. ,U.,,No ,,04i2 erits certification . 2 . The Superior Court did not so far depart from the accepted and usual course of judicial proceedings as to call for the exercise of the Appellate Court ' s supervision , as repellant claims _5- • it did . In fact, as will be explaihed below, it was in accord with the accepted and usual course of judicial proceedings , and , therefore , Appellant ' s claim in this regard is not sufficient to merit certification . . 3 . Section 8-3 (g) of the General Statutes- provides : "a site I tan may y be . . . denied only if it fails to comply with requirements i 'already set forth in the regulations . The site plan did fail to comply with the regulations , in particular 4 . 6 . 4 . 3 (Exhibit A). E which calls for an adequate buffer q e area , in this case between the building and railroad siding and the edge of the property which adjoins the residential area . This regulation states that the Commission may require additional buffer width or area beyond the minimum 25 foot guideline if unusual conditions demand more ex- tensive screening or noise abatement to prevent the depreciation of adjoining residential properties,. The 50 foot buffer and the AWOrKis berm of only 5 feet as against a 32 foot high building as proposed D M. RITTENBANO in the site plan was not deemed adequate by the Commission in .,ocow co.,.. oso?4 these circumstances . There was also a letter from the Inland- »)a,. 2456 "O "' Wetlands Agency indicating the berm might impede the flow of water and flood property owners (Exhibit D) ana might , therefore , have to be removed. Mr . DeMallie , the Town Planner, testified that there would be a need for additional landscaping and buffering -6- (transcript, Pages 2 through 4) and there was substantial addition• al testimony at the public hearing as to the need for a bigger (P5. 5 of September 15 , 1981 minutes) uffer both for adequate screening and noise abatement. / The trans- script and minutes of the public hearing are filled with coraraents from experts and the public and concerns expressed by Comrnission embers on the need for a larger buffer. Appellant, on Page 10 of its 3098 statement claims that it was up to Respondent to request a larger buffer, but a review of the minutes of the public hearing f September 15 , 1981 (Exhibit C) reveals (on Page 5) that Attorney Lassman who represented the applicant , when asked about a larger buffer by a member of the public and the Chairman of the Cormnissior Mrs. Montana, gave reasons why it could not be increased : i :e it ould be into existing trees or wetland; Mrs . Montana inquired Nether the parking area could be moved to the rear of the buildinc to provide for increased buffer space . However, Attorney Lassman indicated there is only 69 feet from the office portion to the 4AROM. RIT7EN9AN0 front line to work with . (See South Windsor Planning and Zoning 3•[LLV.Gtt�n.AOAO "'lftO'<>" `0'~ inutes September 15 , 1981 , Page 5 . (Exhibit C) Therefore , since (203)644.2456 .uA,.►O 500.17 the minimum front yard required in an industrial park zone is 5Q feet pursuant to regulation 5 . 2 . , this would only allow the buffer area to be increased by 19 feet to stay within the guidelines of regulation 5 . 2 and this additional 19 feet wouldn ' t be enough to i _ 1 .i -7- meet the buffer area required to provide extensive screening and noise abatement to prevent depreciation of adjoining residential users as required pursuant to regulation 4 . 8 . 4 . 3 . Therefore, considering the inadequacy of the buffer proposal submitted by the Appellant and the constraints imposed on enlarg- ing the buffer area to provide adequate screening and noise abate- ment pursuant to Regulation 4 . 8 . 4 . 3 . , the South Windsor Planning and Zoning Commission was correct in stating that this proposed building will infringe on nearby residential property owners due to the size, height, and close proximity of this building to the abutting residential zones . Further , in view of the responses by Attorney Lassman and the constraints , there would have been no point in requesting a larger buffer . - 4 . The leading case which establishes the test for judicial review of a commission ' s administrative proceedings on a site plan .AW Off ICES application is Goldberg v . ZcninQ Commission_ of the Town of Sims- .M. RITTENSANO Ct,_.f•c.10ft �O bury , 173 Conn. 23 , (1977 ) . In Goldberg , the Plaintiff ' s appli- +.LW.OR C(>.N 0607A cation for site plan approval was denied , although there was no )71... 715-6 ..rho e0412 � question that the proposed retail store was a permitted use in the - constructed and despite the fact that the _ zone where i�� was to be _ j(G '1 F reasons stated for denying the application did not specifically ' designate the applicable regulation in which this basis was ` 1 grounded . In denying the Plaintiff ' s application , the commission in Goldberg stated its reasons as follows : " 1 . No proof of need for the proposed use was established by the applicant; 2 . A Shopping mall of the scope proposed with its related traffic activity and after dark operation would be most harmful to the residential character of the neighborhood ; and 3 . Because of the inherent nature of the location and opera tion of the proposed development , the commission was unable to establish any safeguards to protect adjacent property or the neighborhood from the detrimental effect of a shopping center . " In u holdin the denial by the commission , the Supreme Court wrote: "where a zoning authority has stated the reasons (for its action) , in accordance with General Statutes Section 8-31 the re- viewing court ought only to determine whether the assigned grounds LAVV are reasonably supported by the record and whether they are perti- ►!RO M.RITTENEANO ,. ELL.0.c.,op-PIo.o nent to the considerations which the authority was required to w'r.pUOw C pr.n 06074 apply under the zoning regulations . " Goldberg , infra , p . 25-2 . lio31 644 J.*,. "'"""° °°"' (See also DeMaria v Planning & Zoning Commission , 159 Conn 534) . The court in Goldberg went on to say the connission ' s "action must be sustained if even one of the stated reasons is sufficient to support it . " Goldberg , infra , p . 26 . tri-;�.:a14 L• lT< In the case at bar , the reasons 'given by the commission to den VA this application are reasonably supported by the record (as dis- L�V cussed above) and pertinent to the considerations which the com- mission must apply in order to comply with the zoning regulations . Therefore, since the reasons were proper considerations directly related to the Appellant ' s failure to satisfy the requirements set forth in the zoning regulations , the commission acted properly in denying this application in accordance with Goldberg , supra. In Goldberg , supra, " the reasons given by the Commission were n more specific than in the instant case , yet the Supreme Court up- held the Commission ' s denial . In the instant case , the action of the Respondent as described in the October 27 , 1981 minutes was as follows : "Mr . Gilligan noted that the site plan presented is contrary to the original concept for development in this industrial park , and Mrs . Montana said a number of Commissioners have been down to look at the industrial park and what is there now is innocuous and not offensive . Mr . Gilligan said the r ,AROM. RlrTENBAN0 size of the building concerns him, and Mrs .. Evans said the closeness to the homes concerns her . She said she didn ' t {34 ELL.*-GTOh NOAO think the amount of traffic was tremendous , nor the noise -W�h Qti(J 11 COhh 08074 of the operation too offensive . 1?07)644 24b6 jun,,&NO 50412 Mr . Conde noted the building was so large that it would shade the cul-de-sac in the winter from the sun. Nir . Norman said the size of the operation now is of concern and they are talking of expanding it . He said this building is totally out of character with the other buildings there , and sug- gested the developer reconvene some sessions with the I residences to work out something appropriate . Mr. Norman felt the people in the area are aware of the fact they are next door to an I zone . Mr . Gilligan said even if plant- ings are on the berm, it will not hide the building . Mr. Hallowell noted that a conservation plan has not been sub- mitted to show any plantings on the berm. He added that this building will affect the quality of life for the ad- joining residents . The subject of drainage in the area was brought up, and after a lengthy discussion it was agreed that the Town Engineer would see if the Soil Conservation Service is interested in looking into this situation. Mr. Conde then moved that this application be denied since the construction of the proposed building will infringe on nearby residential _property owners and their basic rights due to the size and height of the building , and he added that it would be difficult to live with a building of this size so close . Mr . Gilligan seconded the motion , and it was unanimously voted and so ordered . " 5 . A review of the motion to deny the application as shown above can easily lead to the interpretation as made by the lower Court (Page 6 of the Memorandum of Decision) that the Commission concluded that there was insufficient buffer to satisfy the zoning •wOOFWCES regulations and based its decision on that reason . The words " it ARO M. RITTEN8ANO 114El-LM.GTOtiROAO would be difficult to live with a building of this size so close" •v 1"OrOR C Otir 06074 were part of the motion and indicate that a reason for denial was an inadequate buffer. If there were an adequate buffer , these words would not have been in the motion . The remainder of the motion also referred to the inadequate buffer, however indirectly . However, if the Court were to believe that the wording of the I fir•. 1 � a y4— X-1y 7 a�ri ° Jr.1r+T^r at? t r -11- motion was inexact and perhaps even . ambiguous it must be rememberE: that members of a Zoning Commission are all laymen , and the Supreme Court has consistently not held such members to a limited or stria interpretation of the language they use in their written findings , but instead gives them latitude in the use of such language . Dubiel v. Zoning Board of Appeals of East Hartford , 147 Conn . 517 .(1960) . Further, where a Court has need to interpret the wording of a motion, it can and should look to the minutes of the Planning and Zoning Commission meeting at which the motion was passed in order to determine what the possibly ambiguous language means . In the instant case , the lower Court found (Page 6 of Memorandum) tha although the Commission did not use the explicit language of the Court ' s opinion, there was ample evidence as to the nature of theiX concern. Further , it should be noted that the Court was very conscious of the requirements of DeMaria , supra that it should not L,w0,,,CtI, " speculate" . In the next to last paragraph of its Memorandum, it SRO M. AITTENBANO refused to consider the lack of conservation plan and improper 1. ELM.cTCr.AO.O w IaOSGiw C Cr.'. pOfJ 7• performance standards saying that they "were not cited by the 12031 GAA 2A" Pqo 50:•.12 Commission as reasons for denying the applicative and the Court will not speculate beyond the reasons stated . DeMaria xxx" The Court obviously felt, in contrast, that the Coramission had given inadequate buffer as a reason for denial of the application even -12- the Court if `he language was inexact and/wa's , therefore , not speculating o: that reason. Respondent contends that the motion itself as stated above wa: sufficiently clear to reflect that the inadequate buffer was the major reason for denial of the application : i< e "will infringe on nearby residential property owners and their basic rights . . . it mould be difficult to live with a building of this size so close" was all part of the formal motion of denial itself and sufficient to indicate the inadequate buffer as a reason . It was , therefore , in compliance with DeMaria , supra. If the motion was not suffic- iently clear, the remainder of the minutes of that meeting made it clear. Further, the record before the Commission contained ample evidence for the Commission to conclude as it did, as noted on Pages 4 , S and 6 of the Memorandum of Decision which referred to the transcript of the public hearing . For Appellant to "hang its L.010 F<CS hat" on its interpretation of the specific language of the motion 1ARO M.RIT7EN9ANO „4E«"�10 Aa,o (reasons given) when the reason was clearly the inadequate buffer, •.4YIh01100 COO... 06074 is a very weak argument at best . t203I e•. 2456 'u"""J '"U'2 6 . Appellant relies heavily on Kcsinski v . Lawlor , 177 Conn . 420 (1979) to claim that the Respondent had no authority or dis- cretion to reject the site plan because the site plan complied wit all of the zoning regulations . r.s we have seen , that is simply •. -s 7 -13- not true. It did not comply with all of the regulations . 9 ns . As the lower Court stated on Page 5 of its Memorandum, "This cas e is distinguishable from Kosinski V. Lawlor , supra , relied upon p n by the plaintiff. In that case there was no question of whether the site plan, met zoning requirements . The Planning & Zonin Commission ssion passed a resolution that the plan met all applicable regulations g ons and denied approval on the basis that the proposed use was a 'poor use of the site . ' In the instant case , it is clear that the Commission did not conclude that the site plan met zoning requirements . " 7 . For all of the above reasons , it is clear that the lower Court' s decision was in keeping with Section 8-3 (g) _ of the General Statutes , Goldberg , supra , Dubiel , supra , Kosinski , supra and DeMaria , supra . CONCLUSION CO'-CEs As stated above , the issue is not one of great importance that RMTEhBAMO N`C-TO0,ROAD merits certification. Further, it is -clear that the lower Court ' s �R C O-1 h 06074 decision did not "far depart from the accepted and usual course of uA 2A�O -0SOa2 judicial proceedings" but in fact was in accord with them. There- fore , there is no basis for the relief of certification sought b g y ppellant. r� respectfully Accordingly, Respondent res A i P �' quests that the Petitio • i I _14_ . for Certification be denied . RESPONDENT SOUTH WINDSOR PLANNING AND ZONING COMMISSION BY; Richard M Rittenband Its Attorney Juris No . 50412 1734 Ellington Road South Windsor , Connecticut 06074 I hereby certify that this Brief was filed , served and mailed in accordance with Sections 3139 and 3141 of the Practice Book on _ December 21 , 1983 . Richar4 M. Rittenband Attorney at Law LAvV FAO M. RiT7Er+e�ro '34 ELt-•.G1044 ROAD w o•.OSO4 G O+`ti 060 7 r (2031 SA4.245e juwrS 0140 504 12 EXHIBIT A (TRANSCRIPT) March 10, 1932 I, Virginia S . Graney, do hereby certify that the following is a true and accurate verbatim transcript of the public hearing which was held by the Planning and Zoning CorUission of the Town of South Windsor on September 15, 1981, in connection with Application No. 829, of allied Plywood Corporatk icn,' for approval o£ a Site Plan of Development for property known as Lot ;;=6 in Par'-;centre, located on the east side of Connecticut Avenue, north of South Satellite Road, IP zone. Virginia S . Graney, -Recording Sec tary Planning and Zoning CorL fission Town of South Winclsor d ' INDUSTRIAL PARK - I. ZONE EXHIBIT A I r _ 4. 8 .4 General Requirements 8.4. 1 Performance Standards - These shall conform to Section 4 . 7 .4 . 1 of the Regulation, , 4 , 8.4. 2 Storage of Material - storage , display , dumping or disposal of any material outside a building is prohibited if such storage , displ y, dumping or disposal is visible off the individually developed site . 9uf fer Areas - except for driveways giving 4' 8.4 . 3 access opu lic streets , all buildings , driveways and parking areas shall , in addition to the required yards , provide lor aabuttinglandscaped any residential area along any property ine or rural zone • This landscaped buffer area shall be not less than 25 feet in width and planted g with evergreens or with a planting approved by no fewer the Planning and Zoning Commission in on centers than two rows no further than 15 feetprovide maximum along each row, staggered P screening, and using trees not less than five feet in height at time of planting. Suitable The existing tree cover may be substitute width require additional buffer C m Lt:���in�s l i unu s ua or area or more_Ma� con i ions demand more e tensive screening t P or nol A r r es . The side o ad 'o inin r an rear yards shall be maintained as landscaped buffer strips from a point 30 feet behind the line to the rear property Town right-of-way corner. This buffer strip shall be maintained as with a row of evergreens planted parallel lawn ert line . to and five feet from the ppfurther than The evergreens shall be placed no 20 feet on centers and placed so than they stagger the evergreens on the abutting feet These trees shall be no less than tall at time of planting . The developer may lantinr; undo r f c:ri(� i nr present an alternate P and Zoning Commission plan to the Town Planning for approval . FP The approved planting plan must be effectuated � before a Certii'icate of Occupancy isisssue • If cor,stA.uc* on is completed during a non- a Bond or Certified Check f0. planting season — an amount covering the planting costs steal ] tie g iv to the Town Engineer to assure planting . 4. 8 . 4 . 4 No land shall be changed to Indus�rial Park zone unless it comprises a ninimum of 15 acres . Z �%, EXHIBIT B Planning and Zoning CO=iSsion -7_ 10/27/81 ? '• Merks said that if the access to the Ireland property comes through Parcel C, they wouldn't be able to tap into the sewer and that he hopes the Commission will take that into consideration. Mr. DeMallie said the principal access to the Ireland to Abbe Road or to the East, and this additional road shouldtnothbe t be principal access. a the SPECIAL MEETING 1. Allied Pl ood Comvan App. 4829 Site Plan of Development Chairperson Montana noted the applicant had submitted a revised site plan after the public hears - ng was held. The Co=issioners concurred that they did not wish to review it since the public hearing had already been held. The Commissioners then proceeded to discuss the site plan as presented at the hearing. Chairperson Montana said that the petition submitted this evening by Mr. Braender pertained to this matter indirectly, and said it will not be discussed. Mr. Gilligan noted • g that the site plan presented is contrary to the original concept for development in this industrial park, and t,trs. Montana said a number of Commissioners have been down to look at the industrial park and what is there now is innocuous and not offensive. Mr. Gilligan said the size of the building concdrns him, and ltrs. Evans said the closeness to the homes concerns her. She said she didn't think the amount of traffic was tremendous , nor the noise of the operation too offensive. Mr. Conde noted the building was so large that it would shade the cul-de-sac in the winter from the sun. Mr. Norman said the size of the operation now is of concern and they are talking of expanding it. lie said this building is totally out of character with .the other buildings there , and sugcested the developer reconvene some sessions with the residences to work out something appropriate. Mr. Norman felt the people in the area are aware of the fact they are next door to an I zone. Mr-Gilligan said even if plantings are on the berm, it will not hide the building. Mx- liallowell noted that a conservation plan has not been submitted to show any plantings on the berm. He added that this building will affect the quality Uf life for the adjoining residents. :'he subject of drainage in the area was brought up, and after a lengthy discussion it was agreed that the Torn Lngineer would see if the Soii Conservation Service is interested in looking into this situation. ?Ax. Conde then moved that this application be denied since the construction Of the proposed building will infringe on nearby residential property owners and their basic rights due to ,, e si--e and height of the buildin6, an3 he added it Wou� _ e dr� ''`'icu1+ to live with a b ,i ,� ,, ___— in r, ' s size so close. htr. Gilligan seconded the motion, and it was unanimously voted and so ordered . / EXHIBIT C PIAMULNG AND ZONING COKMISSIOt1 SEPTEMBER 159 1981 PUBLIC IMAR I N G AND SPECIAL t E E T I NG S O Ur H W I NDS O R TOWN HALL Members present: Moptana, Hallowell, Evans, Conde, Gilligan, Norman Alternatce present: Sorenson (sitting for Gay), Yzinelli, Morrison PUBLIC HEARING 1. App lication of Rene Veilleux Southrid a Estates Inc, for en n soave snbt3ivt ..D the east aide of Graha ad in Se ion III of Southrid a Estates RR zone. Attorney Wi iam Grace appeared before the Co=iaaion said this application had been to pu is hearing and approved by the 0osza ion in Mzy of 1081. At that ti=ee one of the nditions of approval had been t t surety bonds in the &=unt of $5,000 per lot 55,000) and $60,000 be sub { ted. The applicant had been unable to secure the 00000 bond and there f o tha final plans were navar filed. tl.r--- within which said ans should be fil has expired. The applicant nw vishea to proceed, and, refore, res itted the application. Nothing bxa changed, and he would like is appro d under the acme terms and conditionz as the previous application. r. G,,r ce noted that much of the subdivision iz-prove=nts have been done, an .Veilleux waa requ.eatiog the bond requirommats be reduced to 60 per cent. Ho ow in the audience spo in favor or in opposition to this application, 2. Application of Bar ord Jewish Federati and R. G of Lots #29 and AO, located on the South ids ofGovernorsye r a resubdiviaion IP zone. Hi hvn in an Attorney Edw Lassm,an of Hartford appeared before t C.omission and said the applicant sties to withdraw this application, without e judice. Zwi . HE owell moved that the applicant be permitted to wit this th t re u s application, rn�d t was una u$ly voted, and ordered. 3. Application of Savin Brothers Inc. for a resubdivision of Lots #5 and 06 located on Connecticut Avenue north of South Satellite Road If zone. Application of Allied Plywood Corp. for a site. plan of develooment for r-QPert known as Lot iM in Parkcentre located on the east side of Connecticut Av , north of South Satellite Road I P zone. enue Attorney Edwin Lassmsn appeared on behalf of these applicants , and said he Viched . to present the epplications concurrently. Hr said the first applicatio❑ in a re- subdivision. Lot #5 has 4 acres and Lot 06 has 3 .93 acres and the are 1 easterly side of Connecticut Avenue , north of South Satellite Road.y Lot 05 bead on the the aubject of e prior application which fell through. The proposed usa c-cacn.rmz Lot t-6 which is the subject of the site plan application before the Coi3C,oM. There will be a rail line running to Lot P6 along its southerly line aL=gt to its easterly line . The main spur of the line will follaa along the southerly line of Lot 05 towards Connecticut Avenue . snning and Zoning Commission -2- 9/15/81 Mr. Joseph Russo, the engineer for this project, made the follo-,aing com�ante cnan: Muliicipal water _upon questioning by Mr. Lass is available, sanitary sewers tre on South Satellite to the north, Drainage from the parking lot will drain westerly to Connecticut Avenue and then northerly to an existing drains e ditch and .gill then go westerly and establish a detention basin. There is a prior approval on the road and the Commission has a bond . Lot 06 is very ear there will be an flat and it doesn' t appear y problem with sedimentation dt:rin8 construction. Insofar as the site plan application is concerned the 1 an area of 53,040 sq. f t. It ie Iocated in the,middle ro feted building hao 103' from the front building line. � lot arbd is aet back S The rail siding will be on the south aide and par for the building will be in the front serviced b ' y $ driveway on the aouthwestarly Side of the lot. The doors for the truck docks face north. The parkinZ lot will drain to Connecticut Avenue and will be picked up in the storm sewer system. It ulti=ately will end up in detention basin 01 on the westerly end of th$ site That detention basin will handle all the lots in the area. There is an existing tree line to the north of the hero. Plantings will be added to the front of the building. The finished floor elevation is 77.17 feet. Offices will be located on th,Q t left side of the building when facing the front of the building. The bui1di na is 288' long and 180' wide. The height is 24' at the eave and 32' at the . From the f ront 1 ine the bui ld ing is 103' ; 70' f rom the rear 81' f rom the `south; and 110' from the north. f �_ . Lassman then introduced John Pynchon of Allied Plywood who stated that his company distributes plywood to wholesale and retail outfits in Connecticut. Nothing is done on the premises except storing and shipping Yr warehouse and they do not do any cutting or saws he g re 8 to out. It is tt Railroad cars will come in two or three tires a month. Ca are 8 to 10 S t- 0 s. trucks. Currently he has Liao They load up in the morning and one stays out until 4 P. X. and tw othE: may come back around noon to re-load . He noted last month tha had 24n and 98� per of these shipments were delivered, with about 2 Y 0 invoices, p cent b�ein,g picked up. He said that means on an average day there may be two or three trucks tha* _ material, pick up t�. Mr. Peter De Mollie, Director of Planning, reported that the Commission now has a key map for this industrial park, and that is good. he questioned M:. oa , and received the following information: There is no outdoor storage at thUa =.site; the rail cars are unloaded at the siding; the Supply mahogany, �k •� and other e Y L=PP Y g y, o..�, a-.ple, expensive plywood to architectural outfitters . The hotxs of operation are from 7 A. M. to 4 P. M. r although the office may remain o pen They are n= open on Saturdays or Sundays . The two trucks they use amtil inP• c Y c:ce l lc nt • condition and they do not have to be warned up for more than 5 minutes on a cold morning. . M.r. Dehallie said the regulations require a 25' buffer, `= ~ �l but the Comiesion has the .- discretion to require more. He noted the building }y-- lding should be screened to the sea[ B Perhaps the berm could be extended at the northeast corner since it falls about 100' short of the line . xe said when this zone change was approved in the �60 s , it was indicated that conditions regarding buffering could be placed when individual site plans were brought in. ,� Planning and Zoning Commission -3- 9/15/81 Mr. Page, Town Engineer, reported that Connecticut Avenue was designed in accordz c with the Town' s standards , with sanitary sewers. Surface water will drain into G ditch which floes to the west and ultimately goea into a detention basin vhirh was approved with the Frito-Lay application a Lecw months ago. The ditch coma f ram Route 5 and will handle the run-o f-f, but Mr. Page stated that it i$ uOthin.,g the Town wants to live with in the future, and they are working on an overall storm drainage plan. Mr. Page stated the Inland Wetlands Agency has not approved the site plan y3t, but there will be a work session next week. The applications meet all other engineering requirements. No one in the audience spoke in favor of this application. Speaking in opposition to these applications were the following persons: 4 Levis Miller of 31 Barbara Road opposed thin application and questioned the amount of noise that would be generated by this use, including a fork lift which could generate a constant beeping sound. He further argued that the nu=ber of trucks the applicant says he will use may not be accurate, and dater-7inad fro,m the Torn Engineer that the distance to tho nearest house is 180 feet. b then read a nine page statement addressed to the Planning and Zoning Co=ioaion from Attorreey-William S . hcGee, Which claimed that the site, is not in accordaace with the comprehensive plan; traffic will increase; the plan is contrary,t.o the public health, welfare and safety; the plan will result in overcrowding the laud; it is not consistent with the character of the district; it will destroy the property values in the area; and which referred to Sec. 8-6(3) -of thaconne et'lcut General Statutes . He then suggested the Cocaissioners read the preamble to the Zoning Regulations . Attorney David Schulman of Manchester stated he represented tha .Pleasant Valley Estates residents , and presented the Chairperson with tvo Intervention Petition pursuant to Sec. 22a-19. He then questioned tha applicant and determined tbAt* four rail cars could be accommodated at one time. He questioned the fact that overnight parking is provided for six trucks . He raised a question about the fact that the proposed building is twice as large as the building currently used by the applicant, and Mr. Pynchon said he didn't think business would increase by more than 20 per cent. Mr. Schulman noted the rear of the building is against the berm and wondered how fire equipment could get back there. He noted there is no landscaping on the berm, and felt the area would be an attractive nuiaances to children and questioned their safety. He then noted the following technical violations in the plans which were submitted: Section 4.11.2 a and ~o require phone nuabers ; Section 4.11.2. 1 a and f required a data block on the key map rather than the plot plan, and nacres of abutting property owners . Also, Soc. l 4 . 11.6 requires a Conservation Plan, and the key =p does not show tha nam of N. i the applicant. ?jr. Schulman then introduced Richard Marry of 1045 � in Street in ?1.ancheator who stated he is a real estate broker and feela the building will bo a detri=nt to the value of the properties on Barbara Road . Planning and Zoning Commission -4- 9/15/81 Mr. Fred De Giacomo of 58 Edgewood Drive m.^_de a lengthy statement opposing the application because of safety of children, traffic and mainly because he felt the height of toe building would cause it to be seen over the berm €,nd be unsightly. Mrs. Mary Revitch said her property on Judy Lane abuts this site, but at a point where there is no berm. She felt the train would be dangerous for her two small children. Albert Blanchette of 95 Judy Lane said he had personal knowledge of the warehouse business and was concerned with customer pick-ups , disagreed that the business could be profitable with only two or three truckloads, and said the could use saws which would cause dust and noise. Mr. Pynchon replied that they do not cut wood that is damaged into smaller pieces, but simple Bell it for a lower price. He said they only operate in Connecti�yt, and there is no dust in plywood. He added that a truckload is worth in the vicinity of $25,000 and they hope business will increase, but don't really expect that it will double. Mr. Philip Braender of 83 Elizabeth Street presented the Coa=issioa with petitions opposing the application because they felt this proposal waa =t in keeping with the original intent of the zoning for this area, raid bee-au-so it would adversely affect their property values and subtract from the reaideati•al character of the neighborhood. It Also objected to the noise level of forklifts, trucks and rail cars and air pollution caused by gas fumLes and resins and binders used in plywood. The petitions further objected to the high visibility of the 'building and claimed fire hazards would increse. Mr. Braender stated the patition.s contained 94 signatures, including all the abutting owners . Richard Waska of 73 Judy Lane, Sharon ;Mille: of 31 Barbara and Paula Bowman of Barbara Road, Rosalie Bartula of 30 Barbara, Craig Bowman of 15 Barbara, Rose Pastulc. of 889 Pleasant Valley Road, and Nancy Braender of 83 Elizabeth Street all epok._ in opposition citing reasons that previously were mentioned. Craig Bowman of 15 Barbara Road presented the Ccr=ission with a brochure which was distributed years ago when the industrial park was first approved, and noted that the original plan was never adhered to and promises that were made to the adjoining residents were never kept . A question was raised as to why Allied Plywood had to be located on this particular.. lot adjacent to the berm, rather than elsewhere in the industrial park. ?Lr. Robert Kaye of Savin Bros . said that they had been unable to get permission from Conrail to locate the building on Lot �5. They would have been able to serve only, ome. door which was not practicable. Questions were also raised about the area serviced by Allied Plywood, and Mr. Pynchon said they have branches in Springfield and in the Bronx, and they would only service Connecticut as far as Danbury or Bridgeport. It was determined that the location of spotlights or lighting, as well as the color of the building, had not yet been decided . Comission.er Norwan, upon questioning, determined that the building is located against the toe. of the berm, and that the rail cars may stay from a Sunday to EXHIBIT D u �:�►- T-0 Wes- 07r � wry . 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 ^off oar AREA CODE 203/644.25U September 23, 1981 141r. Robert G. Kaye 301 Hartford Avenue Newington, Connecticut 06111 RE: ALLIED PLYWOOD, CORP. AND SAVIN BROS. , INC. APPLICATION 110 , 194 & No . 195. Dear Mr. Kaye: After discussing your Applications NO . 194 and NO. 195 several . areas of concern need to be resolved. 1. The location, size and length Of the existing berm. 2. Drainage should be assessed for this specific site, • particularly as it pertains to possible flooding of abutting property owners. 3. According to resident comments, it appears the ditch may be partially filled in. 4, The Agency is faced with a dilemma regarding the berme the berm appears to be needed for visual protection, yet it may impede the flow of water with resultant flooding of property owners. I suggest you discuss these problems with the Town Engineering Department . Upon notification by you, you will be placed on the next available agenda. Ve truly your Constance Eriksson, Chairman INLAND WETLANDS AGENCY TOWN OF SO UrH WINDSO R C E: c h m CC : Joseph Russo , Palnberg & Russo A. Bowen Davies , Deputy Town ;gineer JOURNAL INQUIRER WEDNESDAY, FEBRUARY 23, 1983 ,V-Wele per told to prepare aftlan for buffer between h� roes )UTH WINDSOR — The Planning and faded away more than a decade ago and held the $5,000 bond he had deposited in 1976 portions of it quite attractive. uig Commission has told developer today Park Centre consists mainly of large to guarantee that proper plantings and buf- But, Mrs. Montana said, an overall plan to ert Kaye of Savin Bros. Inc. to start work commercial buildings. fers would be installed. plant trees and otherwise buffer the rediately on a master plan to plant trees The industrial park, located south of Gov- "The commission would like to see an periphery of the park is needed to give the proper buffers between his Park Centre ernor's Highway along the east side of Route overall planting and buffering plan for this area an attractive look. istrial park and the residential 5, is the only industrial zone in town which area," she told Kaye "People you have sold Kaye told the commission he had already h6onc(xAs that adjoin it. directly abuts a residential neighborhood. property to Couldn't be too happy to come to ordered about $1,000 worth of trees and that localthe industrial park and the residen- And for several years, residents of the public hearings and have everyone jumping Ile had plans to plant them in two 250-foot- streets to the east — an area including Pleasant Valley area have complained — all over them ... . It's been 15 years now." long rows along one portion of the park s ewaod Drive, Barbara Road and Judy often loudly — that its large buildings lacked borders. The commission could cash in the $5,000 IIe agreed, however, to submit plans to the proper buffers and are eyesores. bond and hire a consultant to draft the plans PZC sometime in March showing plans tc iye's aitibitious plans to fill the park full That accumulated unhappiness prompted if necessary, she added. buffer the entire perimeter. esearch and office buildings, a hotel, PZC Chairwoman Marshall Montana to re- PZC members said that, on the whole, the rurant and even a row of townhouses, mind Kaye Tuesday that the commission still industrial park was clean and that some Water m j tor-*P^" t • PLANNING b ZONING COMMISSION r REGULAR MEETING FEBRUARY 22 , 19S ', _ - SOUTH k'INDSOR TOWN HALL •'`,E:':DERS PRESENT : Sorenson , Sorosiak , Evans Conde , Hallowell , Norman , Montana ALTERNATES PRESENT : Gilligan , Mainelli PUBLIC PARTICIPATION - hone NEW BUSINESS 1 • A lications to be official) �r y received : Mrs . Evans made a motion to officially receiv applications : e the following a • Windshire Abbe Estates , Phase b • II , Resu T M Building Co . , County � bdlvision , 15 lots Phase II , 40 lots , y iew Estates , Resubdi�-ision , C . A-30 zone Fifty Acres , Ltd . (Wood Pond Estates ) , Open Space Subdivision Section III , 20 lots , RR zone ,d • The Balf Company , Open Space Subdivision ' f . Edward Golas , Site Plan , 684 Sullivan Avenue , an RR zone , 16 lots g . RWR Associates , Resubdivision , Chapel Road , zone . `one . _ zone . ^-_ Mr . Conde seconded the motion and it and so ordered . was unanimously_ mously voted in favor Item a William J . Krawski , Open Space Subdiv ' sn zone , between Foster Street and Felt Road , was notoln an AA-30 in view of the fact that the a Officially received property . owners of the application was not signed by all the 2 . Savin Bros . , Inc . , Park Centre Mr . Robert Kaye of Savin Bros . , informed him that the Commissionlis • hold was Present , and Mrs . Montana completion ng a of p antings around the Edgewood Drive0a �o-���t�3��sure explained to Mr . Kaye that the Commission would realla . She a planting plan for the entire area . 5 like to see is trying to attract business and im rove Economic Development Commissior industrial park might help . p ing the appearance of this Mr . Kaye said that the grading and seeding was done with the site plan in accordance why the trees were neverdglwOoa Drive area , and he doesn ' t recall p anted . He has ordered the trees and they are scheduled to be dug out around 5 ' hemlocks and white pines and abou the end of March . They are trees we said � 0 were will be planted - e ordered , re in two rows . Mrs , Montana noted that there are problems in other areas which should be core Hallowell told Mr . Kaye that the Comm_ssior. � s leted . M. consistency in this development so t ooc n hat it will i ; O` some park and not just a lot of lots look that h � v , - ike an industrial Mr . so Norman said the Commission would like some conetinseparate) } . development of this area , uity in the Planning & ZOn -ng Commission _2_ ' /22 /83 f Mr . Kaye said that he would have to communicate with sc^e of the owners and see if they are willing to make an effort . ?:r . Maineili noted that he walked this area about a month ago , and the area is at least clean and nothing is really unsightly , but there are baits and pieces here and there that are fairly attractive where some of the companies have made an effort . Mr . Conde s uggested that when lots are sold the buyers should assume some responsibility for the entire park , and perhaps Sav_r. Bros . Inc . could ° ility p p � d CO some of the buffering on the lots before they are sold . ;Mrs . Montana asked Mr . Kaye if he could come back in a month or so ith a complete landscaping plan for the entire area , and Mr , Kav said he will have to hire a landscape architect and have a plan) prepared and it may take longer than a month . It was agreed that Mr . Kaye and the person he hires will meet with the Commission At the regular meeting in March . 3 . The Balf Company , Temporary & Conditional Permit for regrading and filling on Nevers Road Mr . Kaye explained that nothing has been done in the past couple of years , but they would like to renew the permit . Mrs . Evans asked if there were any problems with people entering this area , and Mr . Kaye said there have been no problems and it appears that there is little traffic in the area . It was noted that this is the same parcel that is the subject of the Open Space Subdivision application that was received earlier this evening . Mrs . Evans made a motion to renew the temporary and conditional permit subject to the following conditions : I . This permit shall expire March 27 , 1985 , and is s :.m_ted to the removal of 10 , 000 cu . yards . 2 . No machinery shall be operated before 7 A. M . or after 4 P . M. and no work whatsoever will be permitted on Saturdays or Sundays . 3 . The bond shall remain at $30 ,-000 . 4 . All loaning and seeding shall be done according to the U . S . D . A. Soil Conservation Service Critical Area Planting Requirements . 5 . No earth shall be removed within 100 feet of the Podunk River . 6 . Any trees that are cut shall be chipped and used as mulch in the seeded areas . 7 . All banks , as shown on the nap , shall be graded at 3 : 1 slopes , and loaned^ and seeded . PLANNING AND ZC _NG COMMISSION ARCH 15 , 1983 SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT : Evans , Hallowell , Sorenson , Conde , Montana ALTERNATES PRESENT : Morrison (sitting for Norman ) r' PUBLIC PARTICIPATION 1 . Indian Ridge Condominiums The Commissioners reviewed a draft of the approval letter , which had been prepared by the secretary based on the motion made on March 8th approving this application . It was agreed that the fifth paragraph should indicate that an escrow agreement should be prepared , and approved by the Town Attorney . The agreement should state that the sum of $35 , 000 would be held in escrow in the event that this development necessitates the installation of traffic signals , and that the money would be returned to the applicant five years after issuance of the last Certificate of Occupancy in the event this Commission determines that installation of a traffic signal is not necessary . Paragraph 9 will indicate that bonds totalling $345 , 000 shall be submitted (see Exhibit B attached hereto ) . Mr . Hallowell made a motion to amend the approval in accordance with the above and -as shown on the approval letter attached hereto and made part hereof and marked "Exhibit A" . Mr . Conde seconded the motion and it was unanimously voted in favor and so ordered . Attorney Arnold Sbarge was present and referred to his letter requesting that t-he 6� acre parcel upon which there would be no buildings , be eliminated when the condominium is declared . The Commissioners concurred that if the applicant does not Lish to include this parcel the zone should be changed back to RR , and also an application should be filed to amend the Special Exception and Site Plan . Mr . Sbarge agreed and said he would proceed to prepare the applications . Mr . Hallowell said that as long as the Commission is doing this , it should also consider changing the MF—A zone cn the small parcel on Clark Street . The Commissioners recalled that this matter had come up once before when the MF r.egu�lations were adopted . The secretary said she would check the files . NEW BUSINESS 1 . Request for Motion to Release $ 25 , 000 bond or. Det . Mrs . Montana stated that Mr . Kaye was requesting release of the above bond since all the work is completed and the Commission has recommended the Town Council accept this ;and . Philip Braender , who was in the audience , said he believes they wer.e____supposed to install plantings- around this area and nothing has been done . :.e also claims there - are obstructions in the ditches feeding into the basin and wanted to know who has the responsibility Planning & Zoning Commission -2_ ' 3 /15 /83 for keeping it open so it will drain . He said $5 , 000 sh : kept to ensure plantings are put in around oLld be L-- the basin . Mr . Page said that he would sua est Mr . to walk the site with him and sgo�, h ; 3raender make arrangements ' m where be believes are problems . there The secretary said she would check through the files for t and see if..--R a-n�V±r gs- were- required , he aPProval The matter wa;s`.tabhed the. next--meeting . 2 . U & R CONSTRUCTION CO . , Timber Rid e , Sec . VI Mr . Hallowell made a motion to grant the above applicant a 90 day extension of time in which to file the final plans in above matter . Mrs . Evans seconded the motion and itwas unanimously voted in favor and so ordered . The extension is from April 4imously to July 3 , 1983 . 3 . South Ridge Estates , Sec IV Mrs . Evans made a motion to grant the above applicant a 90 da extension of time in which to file the final plans in the y above matter . Mr . Conde seconded the motion and it was unanimou voted in favor and so ordered . The extension is from A sly t -- to July 24 , 1983 . pril 25th 4 . T & M Homes , Country View Estates Mr . Hallowell said that he noticed there is a large area of land disturbed near Dart Hill Road on land owned by T & M . Vr . Page said that when they installed the sewers and water lines the g disturbed this area . He noted that the a y on March 29th for a public hearing on Phase IIof this development . in Mr . Hallowell said that this area should be seeded and stabilized . The secretary was instructed to write to T & zed . them that they will be expected to submit a planmsshowanel} and inform and planting schedule for this parcel at the public heap a seeding p r Ong , 5 . App . #883 , Charbonneau and Rossi , Subdiv=sion , Main Street The Commissioners reviewed the legal opinion dated March 10 , 1983 from Town Attorney Gerlt . Mrs . Montana said she believed Mr . Addington would be willing to allow work on his property , and would be willing to enter into an agreement with the applicant . Mrs . Evans raised a question about whether the Commission modi could fv the site plan to require that the work Addington var. ts done be done at his property boundary . PLANNING AND ZONiNG COMMISSION REGULAR MEETING MARCH 22 , 1983 SOUTH WIND.SOR TOWN HALL MEMBERS PRESENT : Montana , '- Evans , Hallowell Conde , Norman , Sorosiak and Sorenson ALTERNATES PRESENT : Gilligan , Mainelli PUBLIC PARTICIPATION — None NEW BUSINESS 1 . Parkcentre — Savin Bros . , Inc . Buffering � Landscape. ae Plan lam Mr . Robert Kaye , of Savin Brothers , Inc . , was re that he talked to Vern Anders P sent and stayed on of U . S . C . S . A meeting was arranged and he and Town Engineer Page , M walked the site . Thirty 5 ' evergreens have beene er . Davis and ordered Anderson be planted next month in the area immediately abuttn t ana will residential areas near Barbara and Ed ewood . g the g they will obtain seedlingsIf the he wishes , from the Hartford County Soil District . Iie submitted a list of seedlings which may Highbush Cranberry , Colorado Blue Spruce , � be mailable , which included Autumn Olive . He said the seedlings area abouCanadt hemlock , and the ground . They are usually ordered in advance and available around the end of April , and he wasn ' t sure if he ' d able get any for planting this year . Mr _ be able to to set up a review -mechanism whereby they said he would be willing y could review the plans for the new people in the industrial park and b to suggest bufferingand e able - plantings . Mrs . Montana said the Commission is interested plan for the entire industrial park area , that wouldyadd an overall aesthetic quality to the entire park , n would also like the plantings in the busfernared the Commission as possible . put in as soon Mr . Kaye said he would tour the existing facility and come u with a suggested program for it , and he ' d send letters to the various owners to try to encourage them to utilize the seedling g Mr . Ben Jurewicz was present and stated he was an abuttin homeowne and asked to see where the 5 ' white pines �. � � � g r The area was pointed out to him on the sketch+ submittedea ' bti Mr . Kaye . Mr . Kaye said he would also obtain seedlings for the neighbors to plant themselves if they wish . He would be willing to plant seedlings along the buL- and try to work out a st�eetsca e lam and he�� d also install--supplemental- lantin i p p - p gs n the---detention area-: '`.r • Kaye said he ' d check to see which seedlir.^ r for plantin this ��ear . .�.� as were still available g The Commission said it would take the matte: under advisement and discuss it as soon as possible and get back to him . Planning & _ .iing Commission -2_ 3 /22 /83 2 • Parkcentre , Detention Basin #1 , Request t r • Release Fond Mr . Page reported that the only thing shown onthe plan for Detention Basin �11 was Ioaming and seeding or - plan site 1agc�sr�� -n g--:was _r a 11 a c�..�f_a-r , Mr ., g ' a� J Page said he checked out the detention basin and it is functioning properly . the bond be reduced $ 25 , p Y • He recoWmended from 000 to a $2 , 500 maintenance bond , which should be retained for an indefinite period of time . Mrs . Evans made a motion to reduce the bond covering Detention Basin V1 from $25 3 000 to t= �pp , which should state it ; o an i.nde,.ite period of time . Mr . Norman seconded and it was unanimously voted the notion n in favor and so ordered . 3 . U & R Construction Co . , Timber Rid e , Section VI Mr . Page reported that the only thing left to be done for t' road is to bring in the gravel , and put in the black to sidewalks . He said a reduction from $60 , 000 to $30 , 000p and was reasonable . Mrs . Evans made a motion to reduce the bond from $ 60 , 000 to in the above matter . Mr . Conde seconded the motion and it wa $30 , 000 _ unanimously voted in favor and so ordered . s _ 4 . T & C Permit for fillip and 1 Pro ert on the east side of Nevradin for John Russo , ens Road , south of Graham & Nevers Road intersection Mr . John Russo presented the Commission with an updated plan showing the current situation on this property , and said that eventually they would like to sell the land . .. . De_�`al, �Mr . Russo if he was aware o; Mrpie asked the applications pending for subdivisions on the adjacent property , and Mr . Russo said he was . Mrs . Evans then made a motion to renew the temporary and conditoonl permit for filling and regrading as shown on the plan dated January 15 , 1979 , revised to March 5 , 1983 . The permit will be for a one year term beginning March 22 1983 and is subj the same conditions as outliect to ned in previous approvals for this ro e A 24 " x 36" mylar , with the approval letter of this Commi p p rt: reproduced thereon , must be presented to this Commission to1be signed and stamped , and then filed in the Town Clerk ' s Off ice . Mrs . Sorosiak seconded the motion and it was unanimously voted ; n favor and so ordered . 5 . tiDtlications to be officiall-,' 'received Messrs . Page and De'Iallie reported the a 14 agenda were ready to be received . pp _ca - -ons listed on the Planning & Zoningo Co,-',-Mission ssi on -6- receiving any mailings from this agency for the past year or two . Tne seer etary said she wrote to them once and they ne�•er replied , and she will 11 follow up with ano`her letter . 4 . Pleasant Vallev Homes , Sec . VII - Letter of Credit COIilMJ 53'0nPr5 reVlewed th2 in tI-is amount or .5250 , 000 from Connecticut Bark & Trust Company, which expires March 25 , 1984 . The secretary _nfo=med the Corer►issien that the Town Attorney had approved i t providing the word "C i t�-" was changed to "County. " Mr. Sorenson made a motion to approve the acceptance of the Letter of Credit as stated above. Mr . Norman seconded the motion and it was unanimously voted in favor and so ordered. 5 . Sewer ,!as ter Plan Mr. Hallowell was appointed by the Chairperson to be a representativE from the Planning & Zoning Commission on the subcomr„ittee which was being established for the purpose of preparing a master plan of the sewer system. 6 . Buffering and Landscaping Plan - Parkcentre - Savin Bros . , Inc . Mrs . Montana read the letter dated March 25 , 1983 from Robert Kaye which stated that certain seedlings would be available this spring , and also referred to a second letter from Mr . Kaye outlining the boundaries of the Savin property. Mrs . Montana said she is not pleased with the idea of planting just seedlings . Mr . Hallowell said it ' s ciff. cult to approve a planting plan based on a sketch and then to hold the zpplicant- o He said he would like to see some thing that can be out on a mylar , approved by this Commission, and then filed in the Town Clerk ' s Office . He said he would also like a uniform way of buffering this area. Mss . Evans agreed , and Mrs . Montana said she was under the impression Savin Brothers would subii;it a proper buffering and landscape plan. Mr . DeMalli e noted that he understood Y.r. Kaye intended to come back with a streetscape plan for Connecticut Avenue and Governors Highway. Mr . Norman said he would like to see the trees that . rave already ordered planted in the area covered by the bond th i s Spring. He went on to say that planting the seedlings is fine and thev can proceed if they wish , but they should not construe this to+ be the overall _plan f c r the park either i n terTs of the number or tYpe of trees tha z would meet the requirements for a full plan`inc plan . He said they should be ncti=fed that the Planning & Zoning Commission -7- 3/, /83 Commission assumes they will comply with the request for a proper landscape plan prepared by a professional . Mr. Page said that Mr . Kaye called 'him to discuss this matter and he has no problem with the seedling program with SCC , and thinks the seedlings should be planted. However , he "feels that somewhere along the 1_ne there should be a pro-fessional plan. Mrs . Montana said that Mr. Kaye told the Commission he would meet with them with a landscape architect and he should be ad%-ised that this Commission appreciate the extra effort he made in working with Vern Anderson, but he is still expected to come back with a landscape plan. Mrs . Evans noted that the plan should not show seedlings . A discussion ensued regarding Whe"'.ner he seedlings should be planted this Spring and the Commissioners finally agreed it would not be practical in view of the overall plan Mr. Kaye will be presenting to the Coml-nission. The sec_etary was instructed to write to Mr. Kaye asking him to meet w_th the Commission with his landscape architect to review a landscape plan, and schedule a speci=ic date Tor the meeting . MINUTES Mrs . Evans moved approval of the Minutes of February 8 , 15 and 22 , and March S . Mr. Conde seconded the motion and it was unanimously voted in favor and so ordered . There being no further business , Mr . Ha.11owell moved the meeting be adjourned at 10 : 30 P . M. Mr . Conde seconded the motion and it was unanimously voted in favor and so ordered . Respe tfully su`mitted , Virgini S . G_r/ ey ,2R_ cretary APPROVED : Planning & Zoning Commission -S- A /12/83 _ The letter o approval or thi myiar be - s yore Coi:Lmissi on must be reproduced on the �i i ng Mr . Norman seconded the motion and it was unanimously voted in :avor and so ordered. 4 . Savin Bros . , Inc . - Parkcentre - Eandscapinc Plan Mrs . Montana referred to a letter from Attorney Lassman explaining that a landscape plan was being prepared , but wouldn ' t be ready until next month. The secretary was instructed to advise them that this matter will be placed on the agenda for May 24th, and to -Further suggest a meeting be arranced with the Town staff to r -_r Lh _ review the plan p or B . Savin Bros . , Inc . - Savin Drive , Bond for $80 , 000 and Detention Basin , 3 , Bond for $30 , 000 Town Engineer Page reported that this bond is for the construction of the street which has been constructed . Drainage is in , pavement and curbs are completed, and he recommends the bond be reduced to 10% or $8 , 000 . Philip Braender complained that the road is just black top , a barren road with no cul-de-sac . Mr . Page said it ' s not the Town ' s policy y to require cul-de-sacs in industrial parks . He said the road was built in accordance with the approval . Mr . Hallowell stated he went to this site Sunday afternoon during the heavy rainstorm and nothinc was going in the detention basin . 4- . Wage produced raps of %_ retention basin and explained in detail the way it is supposed to work . 'fir . Hallowell noted that the area to the south of the basin has not. been loamed or seeded . After further discussion the secretary was instructed to wri'- Z.e to rlr . Kaye anc advise him of the unsightly condition of this area, and suggest he meet with the Town Engineer to see how this matter can be rectified. The recuest to release the $30 , 000 bond was tabled . Mr . Conde moved the $80 , 000 bond for Savin Drive be reduced to 10% or $8 , 000 . Mrs . Evans seconded the motion and it was unanimously voted in -favor and so ordered . 6 . Harold Collins , Resubdivisicn , S/S S-rcnc Road Apy . _ 9 14 M.r . Hallowell made a motion to approve the above appl_cation for a one lot resubdivision on the south side of Strong Road , east of roster Roar ^� in an nx zone , as shown, on plans prepared by Petersen & Hoy=mar -- dated March, 158 � . A $D0 d.rainacE aSSeSSment =EE ^L'S' be p i • a d ..o the Town of South Windsor , and no builcinc per: - will be _s sue d unL ; , the final plan _s filed in the Town Clerk ' s office . A 24 a 36 " black and white transparent molar of both the ssbc_v_s � on and pot 1 - plan rust be submi teed to this Coy:mission to be scarped and sicnec . -- _Planning 6 Gong - Commission - -- 2 - -- - --- - - - 9 / 27 /83 3. -- DT) . - i�889 - a n Ridge- Condo iniu In di -- - - --- Attorney Sbarge was present on behalf of the applicant and stated they are almost ready to file the mylars in this matter . The Town Attorney is reviewing the proposed letter of credit , and all fees and documents have been submitted . Mr . DeMallie said the Town Attorney advised him thht the applicant was entitled to a total of 180 days extension . Mr . Hallowell made a motion to expand the second extension granted from 30 days to 90 days , to December 3 , 1983 . Mr . Sorenson seconded the motion and it was unanimously voted in favor- and so ordered . 4. Telecommunications Center , SNETCO , riederwerfer Road Mrs . Montana said the Siting Council has postponed the public hearing which had been scheduled concerning the site on Niederwerfer Road . Mr . Conde moved this matter be tabled , and Mr . M- ainelli seconded the motion . It was unanimously voted in favor and so ordered . 5. AD,) . '835 - Burr Meadow Condominium Ray Alexander produced a plan showing the development and stated that Building #9 has been moved about 3 feet because of the drainage . t Mr . Arsenault ' s memorandum stated : " . . . the garage portion of Building _#9 is located within the permanent easement area designated for the site drainage system . If the easement area in question is redefined to be 1 . 0 feet off the foundation of the building in cuestion , it will be adequate for maintenance of the drainage facilities , and is acceptable . " Mr . Sorenson made a motion to approve the modified plan as shown on Shee PI prepared by Palmberg & Russo , dated 8-4 -83 . Mr . Conde seconded the motion and it was unanimously voted in favor and so ordered . 6 . Savin Brothers , Inc . , Parkcentre , Landscape Plan Attorney Edwin Lassman , Mr . Robert Kaye , and Mr . Alan Viets were present . -Mr . Viets , the landscape architect , noted that his office is now located in Simbsbury and produced the plan , consisting of four sheets , which will be completed within the next two to three years . The first area at Savin Drive and Governor ' s c?igh,.a`• calls for 10 London Plane trees on Governor ' s Highway , with r Crimson King Maple , Littleleaf Linden and White Birch along Savin Drive , plus some shrubs . Some of these trees may be available from the Town of South Windsor and they are working with the Economic Development Commission and Chamber of Commerce . If the trees are available , they will be planted immediately . Planning Zoning Con=ission -3- 9 / 27 /83 The application pending before the Commission for _- David Alen Plastics has been coordinated with tie landscape plan proposed this evening , and an effort wi11 be made to coordinate future tenants landscape plans with this plan . Mrs . Evans said she likes the idea of Mr . Viets coming in with i something more substantial and what they are proposng now should have been proposed 8 or 10 years ago and there would now be a buffer . Mrs . Montana asked when the evergreens were planted in Detention Basin #3 and Mr . Kaye said in April of 1982 . He produced photos of the trees taken last spring , and again this fa*-- . 'fir .• Viets said it will be 6 to 8 years before they are of s _gnificant size . Mrs . Montana noted that what has been done in the industrial part is . a fantastic improvement and will be nice , but there doesn ' t appear to be much done as far as the area abutting residential areas is concerned . Mr . Mainelli asked if it would be possible to get some plantings started on the undeveloped lots , and Mr . Kaye said that they don ' t know where- the buildings will be , or where the driveways will be . Referring to the buffer planted to the rear of the lots on Edgewood , Mr . Kayesaid the 5 ' trees cost $ 23 . 50 each and labor was $ 1300 . Forty-two trees were planted . Mrs . Montana said she would like to consider interspersing larger trees with the seedlings . Mr . Kaye - said there is already a tremendous amount of natural growth in much of the area . Several residents who were present stated their dissatification with the proposed plan . Mr . ed the Commission consider getting a bond for Hallowell suggest plantings in the entire industrial park when the next site plan comes in . Mrs . Montana reminded the residents that there currently is no building behind their lots , and when an application comes in for a site plan the Commission will have the Opportunity of requiring landscaping and buffering between the proposed building and their lots . Mr . Viets said that the seedlings which will be planted ed grow about 8-10" a year for the first five or six rears , and than add on at the ra - of 10- 12" per year . They try to maintain a survival ratio of 80% or better . Mrs . Montana suggested again that larger trees be planted in the area of the berm to the rear of the lots on the westerly side of Eegewood and after a discussion Mr . LcSSman said that Savin 3rothers would plant 65 f ive foot wh ite p ine s . Mrs . -vans then Lade 2 motion to 2pprove the 1andSCape an for P a r k c e n:r e , as shown on plans _I r e p a r e d by A.l a m Viets A s s o c ` a t e s , d ate d September 6 , 8 and 9 , 1983 , subject to the following mod ificaticns : 1 . Sheet L4 shall be modified to show 65 five foot (5 ' ) white pines in the area of the berm: to the rear of the lcts on the westerly side of 7_dgewood . 2 . Said plantings in this area shall be made in the Fall of 1983 , if possible , and in any event no later than the Spring of 1984 . Black and white transparent mylars of the landscape plan , with this letter reproduced thereon , shall be submitted to this Commission to be stamped and signed , and will be filed in the Office of the Town Clerk. Mr . Mainelli seconded the motion and it was unanimously Noted in favor and so ordered . 7. Detention Basin ,',•`3 , Park- centre 1 Mrs . Montana referred to Mr . Arsenault ' s memo which stated that the"drainage appurtenances associated with detention basin V3 are complete and appear to be in good working order . . . . . . The overall area appears ready for acceptance , and it is recommended that the $30 , 000 bond be released . " After a brief discussion Mr . Hallowell moved that the $30 , 000 bond be reduced to a $5 , 000 , one year maintenance bond , and the Commission recommends acceptance of the detention basin by the Town Council . Mr . Mainelli seconded the motion and it was unanimously voted in favor and so ordered . R. Savin Brothers , Inc . , $ 5 , 000 bond , Edgewood Drive The reauest for release of the $ 5 , 000 bond to ensure landscaping to the rear of the lots on Edgewood Drive was tabled . 9. Pleasant Valley Bomes , Open Space , Section 1 Recreational Land , Section 8 Attorney LeFoll reported that the open space contained in Section I , as shown on the- Plans submitted in connection with th Section i , has been revised . Mr . De?:allie pointed out that this is a technicality and the maps on file should accurately portray the oven space . After a brief review of the revised map , Mr . Sorenson moved that the plan dated 5 /16 / 793 revised to 2 / 25 / 82 , prepared by Megson & :iyyppaa , entitled Map i•`220- 78-1E be approved . Mr . Conde seconded the motion and it was unanimously voted in favor and so ordered . Mr . Creedon of Reino Eyyppa 6 Associates was present , and pointed out on map dated 1 / 29 /80 , revised to 5 / 19 /82 , four lots currently being held escrow pending an agreement to be worked cut -cancern _ng four acres or active recreational land . The lots are ,',`171 172 , 173 and 174 i n Section 8 . He point to five areas marked in green which could be used for active recreational purposes . The Commissioners discussed them in de �ail and agreed that the parcel near the center of the subdivision is already owned by the Toc�n . The long narrow piece to the northwest corner Of the site does not have good access and does not connect wf any other open space . :`fir • � that one of the Le. oly noted t:, two parcels along ?:argaret Drive could be a tot lot , and the area adjacent to the open space could be useG for a picnic area . He added that they have triedn i good fait- come up with a proposal to give the Town money instead of land , but it doesn ' t appear a method for doing this will be worked out for some time . Mrs . -vans commented that scatter ing these small parcels throughout the site presents maintenance problem_ for the Town . Planning & Zoning Commission -11- 10/25/63 black and white transparent mylar of the plan with the above modification must be submitted to this Commission to be stam-ped and signed and must be filed in the Town Clerk ' s office no later than January 23 , 1984 . The letter of approval of this Co=nissicn must be reproduced on said plan , and three per prints must be svbmi tted to this office. Mrs . Morrison seconded the motion and it was unanimously voted in favor and so ordered. 13 . Peter Churilo , Site Plan, John Fitch -Blvd. After a brief discussion the Commissioners agreed that members o= the public ought to have the opportunity of cormmen tine on this az)plicati on in view of, the petition. Therefore, the seere-ary was instructed to ask the Journal Inquirer to write an article Stating that t1,1, s matter will be dlsCussed next week _Lnsofar• as the use of a package store is concerned. Mrs . Evans then made a motion to aocrove the use of pis site for a dry cleaning establishment. Mrs . r:orri son seconded the motion and it was unanimously voted in favor and so ordered. -- There being no father business , Mr. Conde moved the meeting be adjourned at 11 : 15 P . M. Mrs . 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O a J Q) O J'. .c. >1 0 -1 C� 3 rd �: •r1 ,V ri1 U W C), C),.`{ O (d 3 -r-I 4J N r: n, U) 3 4-J 3 E-1 (tl 'U O D U) •rI I-i )-) #+: ' A f-. Cl, -IJ .rl C, to -IJ U 4J `r' r Planning & Zoninc Com.rnissi on -3- 1' /1/83 six or seven years in Manchester and D71P approval was never required. Mr . Braender then raised a question about debris in the ditch where the water will drain and Public Works Director Arsenault informed him that the ditch they are proposed to connect to is clean and does not contain debris . Rose Pastula of 889 Pleasant Valley Road raised questions concer:_inc the existence of a sprinkler system and whether t:riere would be odors . Mr. Pugli ese� informed her the building . i� sprinkler ea and no odors emanate from the plastics . In response to questions by Corru-nissioner Gil ligan , the applicant stated that the raw material comes in on railway cars in the form o` pellets , which are piped into the silos , where they are stored until ready to be used. They may be stored for a week or so , but usually orders are shipped i.7mediate1y . The material is made into a film, which is thendelivered to another ri rm which converts it into plastic bags , such as the ores shirts are oackacec in. There are currently 20 employees and they plan to expand to 35 and all work inside the building. Selling of the plastic film is done by a sales force who are . usually .on_ the road -all in c on cust,-_�i.<ers Mrs . Sorosiak asked 'now oaten the sales people come into the office and Mr. Pugli ese said about once a week . ' eek . � --- t CO:Lmissicner Vans raised a nu^'-ber of quest_cns about the parking area in the wetlands and' concluded by stating she would like to save the foliage since i t is a natural buffer . Mrs . Montana asked what percentage OJE t-;e bui Id i nc is 0 high , and was informed that approxima rely 20 percent i s , and M'_ S . N�Ontana s a i d s l,e would _ns at the trees to the front of the site which are 30 ' or 40 ' tall should be saved. . Mr . Conde asked if further expansion was planned and for :urther clarification of the drainage system. Mr . P aliese Said expansion beyond this proposal a.s not planned Mainelli asked :or c1ari__cati on of the distance between he proposed building and nearest house . - Upon fu_ ther Cuest10ninC, ?`"_= . P'�gliese saki 1 takes cbCut tW0 months to get the raw ma ter i al in =rpm Texas and the e;tire nventor y is turned over once a month . The rai l��av cars are not - 1 unloacec at nick t, ana remain only for a day or so after be_nc unloaded . SPECI.`_L MC�TING N W, r 1 1 e. 1 , �. lay $ - G� V1 C Q , SL'OC1Vi S_On , � CO_:1e; Abpe & ?'�:j.; .� , � ..ne eve .,e ,ca The CorL7issicners reviewed the subdivision maw and found it to be in older . -..here are two exist_nc houses , one o- which will be sold . 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JC; U) C)1 U rl U U) U) -1) C: }-I r 04 O (d 10 O •ri r[j A', 1 110 •r1 r-i O W. 4-1 ((1 PA f( rl U) -4) >1 U U .C: 3 IJ r: (U a) :j W 'I 4J t� •r1 4) P -4J a) -IJ � x r-i to r-I r 1 f: W 3 rI O -4J }-4 " >_1 -IJ D, }1 G .(; IJ W W i; C. �1 (n �I f, O (11 Q) (d (d , N U) -,1 (d 'J }-I J '(j ,> 4-) Q W) Q) (1) (d 4J U) }-I r I 31 tJ1 W E: r-I to 'C) a) -1 C. 114 O f. .r (0 (1) (D( O O O (d }-I 9; O Q) W 4J �I O Ill aJ Q) �> a) O > .N •11 4-I r 1 Or-1 0 (U r', n4 U 0 1: rl -4J :� IU r-I U >1 0 (n �: U :3 r O"o -,I >: f, ;G r-I C ( O `I 1 U Q) U) :3 E1 -,I VI 4-4 -I: O, (n .Q r1 E 1 U -J, f: to to ?�anni ng & Zoning Ccm::aissi on - 4- 11/22/83 4 . App. 1943 - Sayln Brothers , inc . , Resubdiyision , Lots 5 and 6 `O52 - David Allen Plastics , Size Plan , Lot 15 r r . Mosher d1SCllali i ec �':�iPSeii from Sitting On these acnlica-i:lons . "he CO- iSsionerS reviewed the mod-_fied site plan for en Plastics which showed lc parki na soaces . A waiver for 7 less spaces Lh:an iS requi red was requested. Mr . Gilligan re�erred t0 a memo from i _ J red Shaw , Supt . o_f the Bureau o� Pollution Control , which states �:.a- DAP aDoroval was not necessary _n thi s ma t ter. :.t�e_ :lei, rcwin .Jassman ex-alainec that the tree ne is not touched, and 1- wages are sufficient for this z sineSs . �7hen asked what would y:aooen it the building is sold, and. :Wore parking is n`eded , :�=. Jass.m.an replied that they would then come back wi th a new site oian . Planning Director De-Mallie noted t`la t a �'aiver was red_.,,r ell- _or the Oadina cock under Section 4 . 8 . 4 . 5 . d . Co=i ssioner Conde said he thought they did a very coot jo' on the sitE plan . '`'!r. Sorenson :moved the application of Savi n Brothers , Inc . for a reSubCi ViSiOn of �OtS 5 and 6 , as SylOw:7 On a ^!cn -prepared b�' Palmberc & Russo , dated 4 /2 2/8 0 , revised to 9 /2 /83 be approved , subject to tale _following. modification . 1 . A drainage assessment fee in the amount of $100 shall - �ine Town of Souh asor .be paid to th 2 . r. black and white trans-carent mylar of the subdivision -clan 7tus t be sub.nitted to this Ccmm i ss_on to be sta:;,•ced and sicnec , and must be filed in the Office of the Town Clerk within 90 days (bv 2/ 20/84 ) . The I -,-er o- approval o- th41s Cc:-,.7, i ssion as well as the :nIand Ne elands Acency must be re-crocuses on the -I:ylar '-,e_fore Mrs . SC?"OS1c1C seconded the motion and it was unani�, cO siy voted in favor and so Ordered . Mr . Sorenson then ;.lace a mction to ao:rove the a-pp licatien of David r.11e^ Plastics for a Size Dlan of Ceve_Cpmenz for -Zreoerty located oil TOt = 5 ,n Parkcentre , as shown On a Dl an y re_...red O�.' Pla7Lbe- � ,sse ca�.ed ° /2 /83 , rev_sed tc 11/ 8i83 , No . 83089 , with she ow_nc moc ca Lions . J 1 . A waiver -or seven ( 7 ) parking spaces _s he_ eby granted _n acco-rdance y` i Secti on . 4 . 1 of the Zoni nc FecLlaticns . 2 . Section 4 . 8 . t . 5 . d of Zcnine is herby waives . iJ0 DL11Gy� '1C Derl^,i`S De ISSLed u..t._1 �_':e : l..a� 1anS . have been ec e C-- =ce oL t_~e mown Cie_-k . !'1 b�GCK ai- .�•. why�e :r Gnu ✓Gr en li V l a Cif L:�e 1G.. .i �.S De '� � _er; `C D.._J C^i �..._ cSiO: `G DC �. .. �. .- -.r.....v Yam.���'_ _.. .-..... - `---�-... ..,n,.+.••.....:.miiSr� -= SOu..•?vry� -�\�dA -�.\�,�. lam. �l��rAY�/r w�==-�'�.� IL 10 o-?�•P_•c.P a o.3y, &.'P oil - �11ST tS 25-I co _ f Iv X2S'I'Nf'� , p P- FIST 1"Zt •. Tb OTT C;, �J G2 1 _- - _ -Z otr A'" C4 re '��jllp011 OR it to Aw,,,-ram - ,cam r.Oc>:s ILL 8 _ i5-)Cr c.ic„ I I g _ 1 1 1111 P / it, I M0A 2sov , I►I I I 3 le F.P. •77.17 ,v 74 8 I l I I I b , Q N I•� �It_ �'CL'.S lei) --__,_•__•� ems. , ,`�-rrv��,.� I I � � � � ,,, � Q ?AIL �IGIUG. xOr- NMI INTERVENTION PETITION TO: SOUTH WINDSOR PLANNING AND ZONING COMMISSION RE: APPLICATION OF ALLIED PLYWOOD CORPORATION FOR SITE DEVELOPMENT PLAN, LOT 69 PARKCENTRE DATE: JUNE 199 1984 The undersigned, pursuant to Connecticut General Statute 22a-19, hereby intervenes as a party in the above matter on the grounds that the proposed construction on and use of the subject property involves conduct which has, or is reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state in one or more of the following respects: a) Increase in noise due to the nature of the proposed use and proposed structure b) Increase in traffic due to nature of the propose use c) Increase in risk to the public health, safety and welfare including, but not limited to the close proximity of the proposed railroad spur to a heavily settled residential area d) Blockage of sunlight to abutting residences due to height and size and placement of the proposed structure e) Pollution of the air both from direct and indirect sources f) Pollution of surface and ground water, including, but not limited to inland wetlands and watercourses through discharge and/or runoff I also request that the agency to which this petition is directed, pursuant to said Conn. Gen. Statute 22a-19a consider the aforesaid alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state prior to issuing or granting permits or other authorizations for the construction and/or operation of the above matter. Rosalie Bartula STATE OF CONNECTICUT ) ss: South Windsor June /8 1984 COUNTY OF HARTFORD ) Personally appeared, o5 L/E 134 uL intervenor in the above matter, who being duly sworn, made oath to the facts stated in the foregoing intervention petition, to the best of her knowledge, information and belief, before me. Commissioner of the uper or Court INTERVENTION PETITION TO: SOUTH WINDSOR PLANNING AND ZONING COMMISSION RE: APPLICATION OF ALLIED PLYWOOD CORPORATION FOR SITE DEVELOPMENT PLAN, LOT 6, PARKCENTRE DATE: JUNE 199 1984 The undersigned, pursuant to Connecticut General Statute 22a-19, hereby intervenes as a party in the above matter on the grounds that the proposed construction on and use of the subject property involves conduct which has, or is reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state in one or more of the following respects: a) Increase in noise due to the nature of the proposed use and proposed structure b) Increase in traffic due to nature of the propose use c) Increase in risk to the public health, safety and welfare including, but not limited to the close proximity of the proposed railroad spur to a heavily settled residential area d) Blockage of sunlight to abutting residences due to height and size and placement of the proposed structure e) Pollution of the air both from direct and indirect sources f) Pollution of surface and ground water, including, but not limited to inland wetlands and watercourses through discharge and/or runoff I also request that the agency to which this petition is directed, pursuant to said Conn. Gen. Statute 22a-19a consider the aforesaid alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state prior to issuing or granting permits or other authorizations for the construction and/or operation of the above matter. PIMI, (3 r Nancy Braender STATE OF CONNECTICUT ) ss: South Windsor June /"? 1984 COUNTY OF HARTFORD ) Personally appeared, N1;we-x944hWZ2C1e- intervenor in the above matter, who being duly sworn, made oath to the facts stated in the foregoing intervention petition, to the best of her knowledge, information and belief, before me. ommissioner of the perior Court INTERVENTION PETITION TO: SOUTH WINDSOR PLANNING AND ZONING COMMISSION RE: APPLICATION OF ALLIED PLYWOOD CORPORATION FOR SITE DEVELOPMENT PLAN, LOT 6, PARKCENTRE DATE: JUNE 19, 1984 The undersigned, pursuant to Connecticut General Statute 22a-19, hereby intervenes as a party in the above matter on the grounds that the proposed construction on and use of the subject property involves conduct which has, or is reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state in one or more of the following respects: a) Increase in noise due to the nature of the proposed use and proposed structure b) Increase in traffic due to nature of the propose use c) Increase in risk to the public health, safety and welfare including, but not limited to the close proximity of the proposed railroad spur to a heavily settled residential area d) Blockage of sunlight to abutting residences due to height and size and placement of the proposed structure e) Pollution of the air both from direct and indirect sources f) Pollution of surface and ground water, including, but not limited to inland wetlands and watercourses through discharge and/or runoff I also request that the agency to which this petition is directed, pursuant to said Conn. Gen. Statute 22a-19a consider the aforesaid alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state prior to issuing or granting permits or other authorizations for the construction and/or operation of the above matter. ti Gr go B wman STATE OF CONNECTICUT ) ss: South Windsor June �b- 1984 COUNTY OF HARTFORD ) Personally appeared, intervenor in the above matter, who being duly sworn, made oath to the facts stated in the foregoing intervention petition, to the best of his knowledge, information and belief, before me. Com-missionLdr dff the Sporior Court G- l 9-tq /V1 INTERVENTION PETITION TO: SOUTH WINDSOR PLANNING AND ZONING COMMISSION RE: APPLICATION OF ALLIED PLYWOOD CORPORATION FOR SITE DEVELOPMENT PLAN, LOT 63, PARKCENTRE DATE: JUNE 199, 1984 The undersigned, pursuant to Connecticut General Statute 22a-19, hereby intervenes as a party in the above matter on the grounds that the proposed construction on and use of the subject property involves conduct which has, or is reasonably likely to have the effect of unreasonably polluting, impairing or destroying the public trust in the air, water or other natural resources of the state in one or more of the following respects: a) Increase in noise due to the nature of the proposed use and proposed structure b) Increase in traffic due to nature of the propose use c) Increase in risk to the public health, safety and welfare including, but not limited to the close proximity of the proposed railroad spur to a heavily settled residential area d) Blockage of sunlight to abutting residences due to height and size and placement of the proposed structure e) Pollution of the air both from direct and indirect sources f) Pollution of surface and ground water, including, but not limited to inland wetlands and watercourses through discharge and/or runoff I also request that the agency to which this petition is directed, pursuant to said Conn. Gen. Statute 22a-19a consider the aforesaid alleged unreasonable pollution, impairment or destruction of the public trust in the air, water or other natural resources of the state prior to issuing or granting permits or other authorizations for the construction and/or operation of the above matter. Lewis J. Mil1jr STATE OF CONNECTICUT ) le 1984 ss: South Windsor June COUNTY OF HARTFORD ) Personally appeared, Z iC-W13 �C I-E , intervenor in the above matter, who being duly sworn, made oath to the facts stated in the foregoing intervention petition, to he best of h's knowledge, information and belief, before me. Co issioner perior Court LAW OFFICES ROGIN, NASSAU, CAPLAN, LASSMAN HIRTLE EDWARD S.ROGIN 111 PEARL STREET LOUIS E.NASSAU JEROME E.CAPLAN HARTFORD,CONNECTICUT 06103 EDWIN A.LASSMAN ARTHUR M.NASSAU TELEPHONE(203)278-7480 �.. A.NED ROGIN �- �� � -- ROBERT L.HIRTLE.JR. 3 STEVEN D.BARTELSTONE x� DAVID M.CALL s � a PAUL B.ZOLAN tyi DAVID J.HEINLEIN A JANEA.BOYLE July 2, 1984 JU` �g�A JOAN G.GUINEY PHILIP L.STEELE FREDERICK D.AUGENSTERN y, fir-•r+ YOLANDA SEFCIK d i r South Windsor Planning & Zoning Commission 1540 Sullivan Avenue South Windsor, CT 06074 RE: Allied Plywood - Application - Site Plan Dear Sir or Madam: This letter will serve as a consent to an extension of time in which to act on the aforesaid application for an additional 65 days. Very truly yours, ALLIED PLYWOOD By Edwin A. Lassman Its Attorney f EAL:dmb �0w~ Sf� O � a 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 oR•co�� AREA CODE 203/644.2511 July 9 , 1984 Edwin A. Lassman, Esq . 111 Pearl St . Hartford , Ct . 06103 Dear Sir : Re: Allied Plywood Corp . - Site Plan Please be advised that the Planning and Zoning Commission voted to accept the 65 day extension of time granted by you in which to act in the above matter . The extension is from August 23 , 1984 to October 27, 1984 . Yours very truly, PLANNING AND ZONING COMMISSION vg By :pdt.41 Robert F. Gi igan, Ch irman CC: Edith Netter , Attorney for Pleasant Valley Estates Residents Association O LP ow- /bf CUh,db.v Id ll6 Fe,-Q �e�Q A G E N D A PLANNING AND ZONING COMMISSION FRIDAY, SEPTEMBER 79 1984 SPECIAL MEETING 6: 00 P . M. - CAUCUS ROOM Call to Order New Business 1 . Motion to go into Executive Session to discuss pending claims and litigation 2. Request for motion on whether to proceed with litigation in the matter of Allied Plywood, Inc . and Savin Brothers , Inc . vs . Planning & Zoning Commission Adjournment /9 SEP 61984 Town Clerk PLANNING AND ZONING COMMISSION SEPTEMBER 7, 1984 SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Gilligan, Montana, Conde, Sorosiak, Sorenson, Klenke ALTERNATES PRESENT: None CALL TO ORDER Rosalie Bartula of Barbara Road gave the Chairman a petition signed by about 30 people, requesting that the Commission appeal, the Court decision in the matter of Savin Brothers , Inc. vs . Planning & Zoning Commission. NEW BUSINESS 1 . Motion to go into Executive Session to discuss pending claims and litigation Mrs. Montana made a motion to go into Executive Session to discuss pending claims and litigation. Mr . Sorenson seconded the motion and it was unanimously voted in favor and so ordered . Mr . Conde made a motion that the Town Attorney be authorized and directed to file a Petition for Certification to the Connecticut Supreme Court for the appeal of the case of Savin Brothers , Inc. vs . South Windsor Planning and Zoning Commission. Mrs . Klenke seconded the motion and it was unanimously voted in favor and so ordered. Mrs. Sorosiak made a motion to go out of Executive Session, which was seconded by Mrs . Klenke, unanimously voted in favor , and so ordered. 2 . Request for motion on whether to proceed with litigation Mr. Conde made a motion that the Town Attorney be authorized and directed to file a Petition for Certification to the Connecticut Supreme Court for the appeal of the case of Savin Brothers, Inc . vs . South Windsor Planning and Zoning Commission. Mrs . Klenke seconded the motion and it was unanimously voted in favor and so ordered . There being no further business the meeting was adjourned at 7: 20 P . M. Respectfully submitted, Robert F. Gilligan, Chairman / APPROVED : t0,0% af� c t. T-0 ap . wv 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 f�osoR-oo�' AREA CODE 203/644-2511 NOTICE i At the September 7 , 1984 meeting, the Planning and Zoning Commission unanimously voted as follows: To authorize and direct the Town Attorney to file a Petition for Certification to the Connecticut Supreme Court for the appeal of the case of Savin Brothers, Inc. vs . South Windsor Planning and Zoning Commission. Virginia S . Graney, Clerk PLANNING & ZONING COMMISSION v AGENDA PLANNING AND ZONING COMMISSION TUESDAY, SEPTEMBER 11 , 1984 SPECIAL MEETING 7: 30 P . M. CAUCUS ROOM CALL TO ORDER NEW BUSINESS 1 . Motion to go into Executive Session to discuss pending claims and litigation ADJOURNMENT Sip 101984 067 T Own Clerk k t0,MN sf,< 4 �� o C V 1AZ - � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 Olt•CO�� AREA CODE 203/644-2511 NOTICE At the September 11, 1984 meeting, the Planning and Zoning Commission unanimously voted to take the following action: Authorize the Town Attorney to file, in addition to a Petition For Certification, such other motions or documents he deems appropriate and/or necessary to appeal the decision of the Appellate Court in the case of Savin Brothers, Inc. vs. South Windsor Planning & Zoning Commission. Virginia S . Grap#C��lerk!:Z- mPLANNING AND ZONSSION LAW OFFICES ROGIN, NASSAU, CAPLAN, LASSMAN & HIBTLE III PEARL STREET EDWARD S.ROGIN HARTFORD, CONNECTICUT 06103 TELEPHONE LOUIS E.NASSAU (203)278-7480 JEROME E.CAPLAN EDWIN A. LASSMAN ARTHUR M. NASSAU ROBERT L. HIRTLE,JR. STEVEN D. BARTELSTONE DAVID M.CALL PAUL B.ZOLAN DAVID J. HEINLEIN JANE A. BOYLE JOAN G.GUINEY PHILIP L.STEELE FREDERICK D.AUGENSTERN YOLANDA SEFCIK October 18, 1984 1 Planning & Zoning Commission 10 Tawas of South Windsoras; 19g4 Town Hall 0�� Pr- 1540 Sullivan Avenue s", South Windsor, CT 06074 t� "�`�d�p�R���S`�n Attention: Mrs. Virginia Graney p�n� 4�ar RE: Application of Allied Plywood/Savin for Site Plan Approval Dear Mrs. Graney: This letter will confirm that the above-named applicants consent to another 65 day extention in which the Commission may render its decision on the Application for Site Plan Approval. ALLIED PLYWOOD SAVIN BROTHERS, IN . By Edwin A. La man Their Attorney EAL:dmb pow N sE4( y r � Cam/ � C�• o � G V 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f'►'osoR,CO AREA CODE 203/644-2511 October 24 , 1984 Edwin A. Lassman, Esq . 111 Pearl St . Hartford, Ct. 06103 Dear Mr . Lassman: Re: Allied Plywood, Site Plan of Development Parkcentre Please be advised that the Planning & Zoning Commission voted. to accept the extension you granted in which to act in the above matter . The extension is from October 27, 1984 to December 31 , 1984. Yours very truly, PLANNING AND ZONING COMMISSION v g B y:ACJL - a•-ti—: Robert F. Gill ' gan, Chairman CC: Richard M. Rittenband, Esq. Peter DeMallie, Planning Director LAW OFFICES AoGIN, NASSAU, CAPLAN, I.ASSMAN & HIxTLE III PEARL STREET EDWARD S. ROGIN HARTFORD, CONNECTICUT 06103 TELEPHONE LOUIS E NASSAU (203)278-7480 JEROME E.CAPLAN EDWIN A. LASSMAN A NED ROGIN ARTHUR M. NASSAU OF COUNSEL ROBERT L. HIRTLE,JR STEVEN D. BARTELSTONE DAVID M.CALL PAUL B.ZOLAN DAVID J. HEINLEIN JANE A. BOYLE JOAN G.GUINEY PHILIP L.STEELE FREDERICK D.AUGENSTERN YOLANDASEFCIK December 17, 1984 LEON M. ROSENBLATT RICHARD I.COHEN Mrs. Graney Planning & Zoning Commission Town of South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 RE: Application of Allied Plywood/ Savin for Site Plan Approval Dear Mrs. Graney: This letter will confirm that the above-named applicants consent to another 65 day extension in which the Commission may render its decision on the Application for Site Plan Approval. ALLIED PLYWOOD SAVIN BROTHERS, INC. By a�f Edwin A. Lassman Their Attorney EAL:dmb qEC 18 1984 South Windsor planning & Zoning CommissioA i 1. The placement of 3 5 foot high white pines between the north end- of the berm and the northwest corner of the Bartula property. 2. No vent fans will be facing easterly or will be placed on the easterly side of the building. 1AKV, There the �k . Any appurtences on or projecting from the warehouse roof shall be as required by the Town Building Officials or the State Building Code. December 11J , 1984 MEMORANDUM TO THE FILE Negotiations for Settlement Savin Brothers , Allied - Planning and Zoning Commission Re: Proposed Resolution "I move that the Town Attorney be instructed to enter into a stipulation with the Attorney for Savin Brothers , Inc. in the case of Savin Brothers , Inc . vs . South Windsor Planning and Zoning Commission presently pending in Superior Court (Case No. CV C7 aS' 13,� O ) . Said stipulation shall provide that the Superior Court judge, in complying with the Appellate Court order of mandamus to order the Planning and Zoning Commission to approve the site plan which was the subject of the pending lawsuit, will sub- stitute for that site plan the site plan pres rated at this meeting by the applicant dated 3-- 13 -,r , revised I ,)- I a--S ; and that the Court Order shall be worded so that the site plan submitted at this meeting shall be sub- stituted in the place of the other site plan which was the subject of the law suit,� either having the Court Order approve by stipulation this site plan submitted this evening or order the Planning and Zoning Commission to approve the site plan submitted this evening instead of the site plan that was subject of the law suit ; provided, however, such or shall provide the result that if an appeal is taken from the approval of the site plan presented this evening, then the site plan subject of the law suit will be approved by the Court or ordered approved by the Planning and Zoning Commission by Court Order. " U t T_a 0-Ys � C � V 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 Isok•co~ AREA CODE 203/644-2511 The following Resolution was adopted by unanimous vote of the Planning and Zoning Commission on December 18, 1984. BE IT RESOLVED that the Town Attorney be instructed to enter into a stipulation with the Attorney for Savin Brothers, Inc. , in the case of Savin Brothers, Inc. v. South Windsor Planning and Zoning Commmission presently pending in Superior Court (Case No. CV 0281320) . Said stipulation shall provide that the Superior Court Judge, in complying with the A�-?ellate Court Order of Mandamus to order the Planning and Zoning Commission to approve the site plan which was the subject of the pending lawsuit, will substitute for that site plan the site plan presented at this meeting by the applicant dated March 13, 1984 , revised December 12, 1984; and that the Court Order shall be worded so that the site plan submitted at this meeting shall be substituted in the place of the other site plan which was the subject of the law suit, by either having the Court Order approve by stipulation this site plan submitted this evening or order the Planning and Zoning Commission to approve the site plan submitted this evening instead of the site plan that was subject of the law suit; provided, how- ever, such order shall provide the result that if an appeal is taken from the approval of the site plan presented this evening, then the site plan subject of the law suit will be approved by the Court or ordered approved by the Planning and Zoning Commission by Court Order. This is conditioned upon the following modifications proposed by applicant being added to the site plan: 1. The placement of three 5 foot high white pines between the north end of the berm and the northwest corner of the Bartula property. 2. No vent fans will be facing easterly or will be placed on the easterly side of the building. 3. Any appurtenances on or projecting from the warehouse roof shall be as required by the Town Building Officials or the State Building Code. Virgin• a S. Grytney/, Clerk PLANNING & ZONING COMMISSION O " pow� ace f r T-Own 0-le ?d&zd4� o � c v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-251i December 19 , 1984 Edwin A. Lassman, Esq . 111 Pearl St. Hartford, Ct. 06103 Dear Sir: Re: App . #1000 - Allied Plywood Corp . '. Please be advised that the Planning & Zoning Commission voted to accept the 65 day extension you granted in which to act in the above matter . The extension is from December 31 , 194 to March 6 , 1985. Yours very truly , PLANNING & ZONING COMMISSION w�r � v g g y Robert F. G lligan, Chair n RECEIVED FEB 2 0 1985 M.RITTEMAN® 0281320 SUPERIOR COURT + ` SAVIN BROTHERS, INC. J.D. OF HARTFORD/NEW BRITAIN V AT HARTFORD PLANNING & ZONING COMMISSION FEBRUARY 19, 1985 STIPULATION RECITAL 'a �N By Complaint dated March 7, •1983, this action was brought to the Superior Court for the Judicial District of Hartford/New Britain 7 C7 at Hartford, returnable on March 29 , 1983 , wherein the Plaintiff r ;� prayed that mandamus be issued against the Defendant, Planning and i'a )z )o Zoning Commission of South Windsor ordering said Commission to approve ju to the Plaintiff ' s site plan application. The Superior Court denied the �i Plaintiff 's application for mandamus and the Appellate Court granted the Plaintiff ' s petition for certification of appeal. On September 4 , 1984 , the Appellate Court in Appeal No. ?828 , after hearing, found error Z : Q r in the denial of mandamus, set aside the judgment and remanded the case with direction to render judgment ordering the Defendant to approve the Plaintiff 's site plan which was the subject of the action. Subsequent to the judgment of the Appellate Court, the Plaintiff and Defendant agreed that the best interest of all parties would be served by a revised site plan and in furtherance thereto, the i f Plaintiff and Defendant desire that the modified site plan be effective. NOWTHEREFORE, the parties stipulate as follows: 1. The Defendant Zoning Commission shall be ordered by the Court to approve the site plan entitled "Site Plan, Allied Plywood Corp. 2882 Main Street, Hartford, Conn 5220214 , Parkcentre, South Windsor, Ct. Palmberg & Russo, Land Surveyors & Professional 3 f Engineers , Scale: 1" = 40 ' Date: 3-13-84 Sheet 2 of 2 , Rev. a_ 12-12-84 , 12-20-84 . " z • '48 2. In the event that the approval by the Defendant of the iu site plan above described- is appealed (by parties other than the <Z Plaintiff) , then and in that event, the Defendant shall be ordered by Uz NU the Court to approve the original site plan which was the subject a0 zo i U. of this action. of a f!)W Uw PLAINTIFF, SAVIN BROTHERS , INC. U. O� It W J� B Rogin, Nas3au, Caplan, Lassman & Hirtle, Its Attorneys (Steven D. Bartelstone, Esq. ) DEFENDANT, TOWN PLANNING & ZONING CO1ff1ISSION OF SOUTH WINDSOR By _ > ichard R ttenband Its Attor ey -2- i z LAW OFFICES ROGIN, NASSAU, CAPLAN, I.ASSMAN & HI$TLE III PEARL STREET EDWARD S. ROGIN HARTFORD, CONNECTICUT 06103 TELEPHONE LOUIS E.NASSAU (203)278-7480 JEROME E.CAPLAN EDWIN A. LASSMAN A. NED ROGIN ARTHUR M. NASSAU OF COUNSEL ROBERT L. HIRTLE,JR. STEVEN D. BARTELSTONE DAVID M.CALL PAUL B.ZOLAN DAVID J. HEINLEIN JANE A.BOYLE February22 1985 JOAN G.GUINEY PHILIP L.STEELE FREDERICK D.AUGENSTERN YOLANDA SEFCIK LEON M. ROSENBLATT RICHARD I.COHEN h � l i Planning & Zoning of South Windsor �! Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 F RE: Application of Savin Brothers/Allied Plywood Dear Sir or Madam: This letter will confirm my telephone call to the effect that the pending application for site plan approval (#1000) is withdrawn subject to your approval. The withdrawal will not effect the original site plan application which is the subject of the mandamus action remanded to the Superior Court. Very truly yours, SAVIN BROTHERS, INC./ 1 � ALLIED PLYWOOD w 'q.- 4 2 ' � NO By Edwin A. Lass an t,ot t;,,s��� Their Attorney EAL:dmb 'AA & �����Q,ann how M st44 ca G �Q 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 l�osoR.co�� AREA CODE 203/644-2511 March 6 , 199S Edwin A. Lassman, Esq. 111 Pearl Street Hartford, Ct. 06103 Dear Sir: Re: App. #1000 - Allied Plywood Please be advised that the Planning and Zoning Commission voted last night to permit you to withdraw the application of Allied Plywood Corporation for a site plan of development on Lot #6 at Parkcentre. Yours very truly, PLANNING AND ZONING COMMISSION By: � Mars all Montana, Vice-Chairm CC: Richard M. Rittenband, Town Attorney Peter DeMallie, Planning Director �s ?d&&'6-atlilp 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-25n Larch 12, 1985 Mr. John Pynchon Allied Plywood Corporation 2882 Fain Street Hartford, Connecticut 06101 Certified Mail RE: Application No. 266 _ Property located on Lot No. 6, Connecticut Av D ar Mr. Pynchon: At the Larch 11, 1985 meeting, the South Windsor Inland wetlands Agency approved a one_year extension for your Application No. 266 for propcty located on Lot No. 6, Connecticut Ave. The extension becomes effective February 22, 1985 (the expiration date of the original permit) through February 22, 1986. If this extension for Application No. 266 is not initiated and completed - within one year through Februaiy 22, 1986, it will be necessary for you to submit a nev application if you wish to continue the project. Very truly yours, John Doran, J airman +� INIAND AGENCY JN/se' TOWN OF SOUTH WIIlMSOR cc: A. B. Davies, Deputy Torn Engineer -215bert F. Gilligan, Cha►l rmaa PZC lhomaa D'Auria, Building Official Peter DeKallie, Director of Planaing Jacqueline J. Smith, Tbvn Me* � wNat4 cm al T_a o-Ps ?dze� w` 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f�dSOR-CO AREA CODE 203/644-2511 Reply to: 1734 Ellington Road South Windsor, CT 06074 Area Code: 203/644-2456 April 1011 1985 Mrs. Marshall Montana, Vice Chairperson, T T" vTY South Windsor Planning and Zoning Commission 1540 Sullivan Avenue South Windsor, Connecticut 06074 19�� APR 1 ' Re: Savin Brothers, Inc. vs. South Windsor Planning and Zoning Commission South V�!i�dsOr Planning & Zoning Commission Dear Marshall: On April 9, 1985, Judge Aspell granted the Motion for Judgment in Accordance With Stipulation a copy of which is enclosed herewith. I signed the stipulation based upon instructions previously given to me by the Commission. Accordingly, please place on the next agenda; "Approval of Site Plan, Allied Plywood (Savin Brothers, Inc.)". The motion should be as follows: "I move approval of a site plan entitled 'Site Plan, Allied Ply- wood Corp. 2882 Main Street, Hartford, Conn 5220214, Parkcentre, South Windsor, Ct. Palmberg & Russo, Land Surveyors & Profess- ional Engineers, Scale: 1" = 40' Date: 3-13-84 Sheet 2 of 2. Rev. 12-12-84, 12-20-84. ' , which plan is on file with the Com- mission, said approval being in accordance with an order of the Superior Court, Judicial District of Hartford/New Britain at Hartford dated April 9, 1985, (Case No. 0281320) a copy of which order is on file with the Commission." Once this is adopted, you can simply have the approval stamped and signed on the mylar and copies. It is not necessary to place the letter of approval on the plan. If you have any questions, please let me know. This should conclude a long and complicated application. V u y yours, ' Richard M. Rittenband Town Attorney RMR:mwd enclosure cc: - Attorney Edwin Lassman C ' RECEIVED APR 10 1985 Rn,RD M.RITTMOM 0281320 SUPERIOR COURTI SAVIN BROTHERS, INC. : J.D. OF HARTFORD/NEW BRITAIN V AT HARTFORD PLANNING & ZONING COMMISSION MARCH 1 , 1985 MOTION FOR JUDGMENT IN ACCORDANCE WITH STIPULATION The plaintiff moves for judgment in accordance with the W J� ¢N Stipulation executed by the parties and attached hereto as Exhibit A. =o �N z • Q c7 20 Vol PLAINTIFF zo J a U z o 4 y U B No 9tevefi D. Bartelstone io For Rogin, Nassau, Caplan, Lassman & z¢ Hirtle, Its Attorneys o= O R D E R WW The foregoing having been heard, it is hereby GRANTED Cr OJ �Q�a BY THE COURT i i v I hereby certify that a copy of the foregoing was mailed postage prepaid this day of March, Q C L � 198 / I OJAICtw� pp e n D ABartelstone - •m• for Rogin, Nassau, Caplan, Lassman Hirtle, Its Attorneys L4 C--- URAL ARGUMENT /IS NOT REQUIRED. 1yi TESTIMONY !IS NOT REQUIRED. �� 1 • 'III ti RECEIVED FEB 20 1985 R:-O;oARD M.RITTEMAI S 0281320 SUPERIOR COURT SAVIN BROTHERS, INC. J.D. OF HARTFORD/NEW BRITAIN V : AT HARTFORD PLANNING & ZONING COMMISSION FEBRUARY 19, 1985 STIPULATION $ RECITAL �a By Complaint dated March 7, •1983, this action was brought J to the Superior Court for the Judicial District of Hartford/New Britain `a ig at Hartford, returnable on March 29 , 1983, wherein the Plaintiff prayed that mandamus be issued against the Defendant, Planning and ,U �UJ 'Z Zoning Commission of South Windsor ordering said Commission to approve ;o g 9 PP =o the Plaintiff ' s site plan application. The Superior Court denied the �< Plaintiff ' s application for mandamus and the Appellate Court granted �z r , the Plaintiff ' s petition for certification of appeal. On September 4 , .r.J.I T �J 1984, the Appellate Court in Appeal No. 2628 , after hearing, found error T ?� in the denial of mandamus, set aside the judgment and remanded the case with direction to render judgment ordering the Defendant to approve the Plaintiff 's site plan which was the subject of the action. Subsequent to the judgment of the Appellate Court, the Plaintiff and Defendant agreed that the best interest of all parties would be served by a revised site plan and in furtherance thereto, the Plaintiff and Defendant desire that the modified site plan be effective. NOWTHEREFORE, the parties stipulate as follows: 1. The Defendant Zoning Commission shall be ordered by the Court to approve the site plan entitled "Site Plan, Allied Plywood Corp. 2882 Main Street, Hartford, Conn 5220214, Parkcentre, South Windsor, Ct. Palmberg & Russo, Land Surveyors & Professional j� Engineers, Scale: 1" = 40 ' Date: 3-13-84 Sheet 2 of 2, Rev. �N iR 12-12-84 , 12-20-84 . " z • 8 2. In the event that the approval by the Defendant of the a8 site plan above described- is appealed (by parties other than the �Z Plaintiff) , then and in that event, the Defendant shall be ordered by uZ M� the Court to approve the original site plan which was the subject :c sa =O of this action. i►- oi H W Qa PLAINTIFF, SAVIN BROTHERS, INC. U. o� 3< t W ' �a Bykkl�r Rogin, Nassau, Caplan, Lassman & Hirtle, Its Attorneys (Steven D. Bartelstone, Esq. ) DEFENDANT, TOWN PLANNING & ZONING COMISSION OF SOUTH WINDSOR By lZichard R ttenband Its Attor ey -2_ i I I 4./Mimo from TOWN OF SOUTH WINDSOR TOWN HALL SOUTH WINDSOR,CONN.06074 i I F fTO DATE Thomas D•Auria, Building Official 4/17/85 L SUBJECT: Allied Plywood Corp. FOLD- Lot #6, Parkcentre - Connecticut Avenue I The Planning & Zoning Commission approved the site plan for Allied Plywood last night in accordance with the order of the Sup rior Court. The mylar was filed in the Town Clerk's Office this morning, and you may now issue4 a building permit when they request one. I i I By Ginny Graney, Sec. , PZC Jim y r T_a ap Sou& ?d&U&Ot o a e � 4 �cd 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 Oe-co AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, APRIL 20, 1985 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION At the April 16, 1985 meeting, the Planning and Zoning Commission voted to take the following action: Approved a site plan entitled ' Site Plan, Allied Plywood Corp. 2882 Main Street, Hartford, Conn 5220214, Parkcentre, South Windsor, Ct. Palmberg & Russo, Land Surveyors & Professional Engineers, Scale: 1" = 40' Dated: 3-13-84 Sheet 2 of 2, Rev. 12-12-84, 12-20-84, ' which plan is on file with the Commission, said approval being in accordance with an order of the Superior Court, Judicial District of Hartford/New Britain at Hartford dated April 9, 1985, (Case No. 0281320) a copy of which order is on file with the Commission. " Dated at South Windsor, Connecticut this 17th day of April, 1985. PLANNING & ZONING COMMISSION Marshall Montana, Vice-Chairman David H. Sorenson, Secretary G� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR-ca� AREA CODE 203/644-2511 December 19, 1985 Mr. John Pynchon Allied Plywood Corporation 2882 Main Street Hartford, Connecticut 06101 RE: Application No. 266 - Property located on Lot No. 6, Connecticut Avenue Dear Mr. Pynchon: This is a reminder that your Inland Wetland Agency/Conservation Ccmuission permit for Application No. 266, and your one-year extension, will expire on February 22, 1986. A new application will be required if you plan to extend your project beyond the above expiration date. The application form and plans must be received by the IWA/CC secretary no later than two weeks prior to the regularly scheduled IWCC meeting (second Monday of each month; Town Clerk has the calendar of dates in case of holiday conf 1 ict) . If you have any questions, please contact Mr. Bo Davies, Deputy Town Engineer. Very truly yours, John M. Moran, Jr. Chairman INLAND WETLAND AGENCY/ CONSERVATION COK4ISSION JMM/jv CC: A. B. Davies, Deputy Town Engineer Robert F. Gilligan, Chairman PZC ', Thomas D'Auria, Building Official Peter DeMallie, Director of Planning Jacqueline J. Smith, Town Clerk y��<< K, ', ✓�" l,Vlvl\G1.111iU1 a.11► JV11I1/vML `age LaH � rage 24A C;OP� NEC UGUT LAW JOURNAL September 4, 1984 — r { 506 2 Conn. App. 506 2 Conn. App. 506 50�_ _ Allied Plywood, Inc. v. Planning&Zoning Commission Allied Plywood, Inc. v. Planning& Zoning Commission to compel testimony must give way to the witness'priv- 1 Bemuse.in November, 1981,when A Co.filed its administrative appeal, there was no statutory right to bring such an appeal,the trial court's iiege against self-incrimination ."State v.S2mms, dismissal of it was, albeit for the wrong reasons, proper. 170 Conn. 206, 209, 365 A.2d 821 (1976); see Kastigar 2. With respect to S Co.'s appeal,there was no basis in the record to sup- v. United States, 406 U.S. 441, 444-45, 92 S. Ct. 1653, port the trial court's finding that the application for site plan approval 32 L. Ed. 2d 212 (1972). did not conform to the South Windsor zoning regulations;accordingly, the matter was remanded with direction to render judgment ordering There is no error on the plaintiff's appeal No. 2479. the commission to approve the application. As to the plaintiff's appeal from the judgment grant- Argued June 13—decision released September 4, 1984 ing the motion to quash the first petition, the issues, Appeal, in the first case, from the decision of the claims and allegations presented in the second petition defendant planning and zoning commission denying a substantially incorporated and, therefore, duplicated cite plan application concerning certain real property, those presented in the first petition.That appeal is now and application, in the second case, for a writ of man- moot in light of the full consideration given to the sec- damus ordering the commission to approve the cite plan and petition. application, brought to the Superior Court in the judi- Appeal No. 2478 is dismissed for mootness. cial district of Hartford-New Britain at Hartford, wherE the cases were consolidated and tried to the court,Klac- In this opinion the other judges concurred. zak,J.;judgment in the first case dismissing the appeal, from which the plaintiff Allied Plywood, Inc., on the granting of certification, appealed to this court, and ALLIED PLYWOOD, INC. V. PLANNING & ZONING judgment in the second case denying the writ of man COMMISSION OF THE TOWN OF SOUTH WINDSOR damus, from which the plaintiff Savin Brothers, Inc., SAVIN BROTHERS, INC. V. PLANNING & ZONING appealed to this court.No error in the first case;error COMMISSION OF THE TOWN OF SOUTH WINDSOR in the second case, fu pzent directed. (2978) 42828) Yolanda Sefcik, for the appellants (plaintiff in each ! case). DANNEHY, C.P.J., HULL and SPALLONE, Js. Richard M. Rittenband, for the appellee(defendant The plaintiff in the first case,A Co.,appealed to this court from the judg- In both cases). ment of the Superior Court dismissing its administrative appeal from the decision of the defendant planning and zoning commission of the town of South Windsor denying its application for site plan approval SPALLONE, J. These are combined appeals. Allied to develop certain property located in that town.That court had con- Plywood, Inc. (Allied) appeals' from the dismissal of cluded that the proposed development would not conform to the South its administrative appeal from the decision of the Windsor zoning regulations.The plaintiff in the second case, S Co., defendant planning and zoning commission of the town which had contracted to sell the subject property to A Co.contingent upon A Co.'s obtaining the necessary approval,appealed to this court of South Windsor(commission), denying Allied's Site from the judgment of the Superior Court denying its petition for a wnt The plaintiff Allied's petition for certification to appeal to this court of mandamus to compel the commission to approve the application.On was granted on January 13, 1984. the combined appeals of A Co. and 8 Co., held , i a6L LN►1 JUL"MI\NL aepLenit,er 4, 1Vb4 September 4, 1984 CONNECTICUT LAW JOURNAL Page 27A 508 2 Conn. App. 506 2 Conn. App. 506 509 Allied Plywood, Inc. v. Planning& Zoning Commission Allied Plywood, Inc. v Planning & Zoning Commission ' plan application. Savin Brothers, Inc. (Savin) appeals statutory right to bring such an appeal.3 Jajer v.Zon- from the denial of an application for a writ of manda- ing Commission, 38 Conn. Sup. 492, 494-95, 452 A.2d mus ordering the commission to approve the site plan 122(1982). It is well settled that appeals to courts from application. administrative officers or boards exist only under statu- The administrative appeal and the petition for a writ tory authority and that unless a statute provides for of mandamus were consolidated and tried together.The such appeals,the courts are without jurisdiction to hear record and proceedings before the commission were the them.Kosinski v.Lawlor, 177 Conn. 420, 425, 418 A.2d bases for the trial court's decision in both casep. 66(1979);Bardes v.Zoning Board, 141 Conn. 317, 3189 106 A.2d 160 (1954). The trial court had no jurisdic- Allied entered into an agreement to purchase from tion to hear this appeal. We therefore hold that the trial Savin certain property known as Lot No. 6, Park- court's dismissal of the plaintiff's appeal was proper, centre,2 in the town of South Windsor. The agreement but for the wrong reason. was conditioned upon Allied's obtaining site plan approval for its planned warehousing operation. Lot Where the trial court reaches a correct decision but No. 6 is located in a zone in which warehousing is a on mistaken grounds, the trial court's action will be sus- permitted use. In accordance with the South Windsor tained if proper grounds exist to support it. Favorite zoning regulations, Allied submitted its site plan of v. Miller, 176 Conn. 310, 317, 407 A.2d 974 (1978); development to the commission for approval. The com- Morris v.Costa, 174 Conn. 592, 597-98, 392 A.2d 468 mission denied the application, and Allied appealed to (1978);DiMaggio v.Cannon, 165 Conn. 19,24, 327 A.2d the trial court on November 1,3, 1981. The trial court 561 (1973). The present case is within that principle of law.We find no error in Allied Plywood,Inc. v.Plan- sonscommission's for rejecting the application were supported in the ning & Zoning Commission. record and were concerns properly before it. Allied Since we have concluded that Allied had no statutory appeals from that dismissal claiming that the court right of appeal, we have negated the court's reason for erred (1) in determining that the reasons for denying denying Savin's petition for a writ of mandamus, i.e., the application were supported in the record and were 'General Statutes S 8-9 provides that appeals from planning and zoning concerns properly before the commission, when the commissions may be taken to the Superior Court in the manner provided application complied with all applicable zoning regula- in S 8-8.Pursuant to S 8-8,such appeals must be taken"within fifteen days tions, and (2) in considering facts and issues beyond from the date when notice of such decision was published in a newspaper pursuant to the provisions of section 8-3 or 8-7 . . . ."The statute authoriz- the scope of the commission's formally stated reasons. ing the submission of site plans to the zoning-commission or other munici- On November 13, 1981, the date on which Allied pal agency is General Statutes S 8-3(g).When this action was brought,there appealed from the commission's decision, there was no was no requirement in S 8-3 that the commission publish notice of its deci- sion. Because appeals pursuant to S 8-8 are contingent upon publication • of notice, and since there was no such requirement here, it follows that =The complaint,memorandum of decision and judgment file in each action Allied had no right of appeal.Jajer v.Zoning Commission, 38 Conn.Sup designates the property as Lot No. 5, Parkcentre. The site plan applica- 492, 494-95, 452 A.2d 122(1982). tion included in the record of proceedings before the commission,however, Section 8-3(g)has since been amended to require publication of notice reveals that the property in question was,in fact, Lot No.6. Parkcentre. of approval of site plans. Public Acts 1982, No. 82-90. Page 28A CONNECTICUT LAW JOURNAL September 4, 1984 -September 4, 1984 CONNECTICUT LAW JOURNAL Page 29A 510 2 Conn. App. 506 2 Conn. App. 506 511 i Allied Plywood, Inc. v. Planning&Zoning Commission Allied Plywood, Inc. v. Planning&Zoning Commission that Savin had an adequate remedy at law, to wit, the mission of Hamden found that a site plan complied with administrative appeal. In denying the petition for a writ the applicable regulations, but withheld approval of the of mandamus, the trial court expressly referred to its plan on the ground that it constituted a "poor use of memorandum of decision in Allied's appeal. Therefore, the site." Id. The Supreme Court sustained the trial Savin claims that the court erred not only in finding court's conclusion that this reason was "vague, uncer- that it had an adequate remedy at law,but also in find- tain in meaning and provided no real guidance to the ing that the commission had the discretion to reject the plaintiff as to the manner in which the plan failed to site plan. In order to address that issue, we must look comply with the requirements of the regulations." Id., to the record to determine if the trial court would have 423. The court held that since the plan, as submitted, been justified in denying mandamus on any other complied with all the,applicable regulations and the grounds. applicant had no adequate remedy at law, mandamus Pursuant to the town zoning regulations, Allied pre- would lie. sented its preliminary plans to the engineering depart- In this case, the commission's reason for denying the ment of the town of South Windsor and thereafter site plan application makes no reference to whether the submitted its final plans to the commission. After a pub- applicant complied with the regulations. It merely com- lic hearing at which exhibits were entered and testi- ments upon the size and height of the building. The trial mony taken, the application was denied on October 27, court, however, stated that in the present case "it is 1981. clear that the commission did not conclude that the site plan met zoning requirements.It concluded that,given The commission's stated reason for denying the appli- the nature and size of the operation, there was insuffi- cation was that"the construction of the proposed build- cient buffer to satisfy Section 4.8.4.3 of the South ing would infringe on nearby residential property owners and their basic rights due to the size and height Windsor zoning regulations. Admittedly, the Commis- of the building."The record reveals that the proposed sion did not use the explicit language of this opinion, building, in fact, met every requirement of the appli- but there was ample evidence as to the nature of their cable zoning regulations.''Although some'concern about concern." • the adequacy of the proposed buffer zone was voiced As we have noted above, the commission's sole rea- at the public hearing, the plans provided a 70 foot wide son for denying the site plan was that the size and buffer where the regulations required one of only 25 height of the proposed building would somehow infringe feet. The commission's reason for denying the appli- upon the basic rights of residential property owners cation is as vague and unsatisfactory as the reason in the neighboring area. No mention of the buffer zone given in Kosinski v. Lawlor, supra, 422. In Kosinski, was made. Thus, we find that the memorandum of deci- the planning section of the planning and zoning com- sion in this case discloses that the trial court looked 'The town engineer,the town planner and other experts testified that behind the formal vote and the reasons stated by the the site plan submitted by Allied fully complied with all local zoning regla- commission for its action and inferred that the com- tions as well as with municipal provisions governing storm drainage,sew- mission found the plan deficient in respects other than age disposal, water, fire protection and the preservation of the natural those reasons stated. This was clearly erroneous. features on the Jot. y Page 30A CUNNECTiCU1 LA" JoUKINAL ,)epLemLnr 4, i;fby September 4, 1964 CONNECTICUT LAW JOURNAL Page 31A 512 2 Conn. App. 506 2 Conn. App. 506 513 Allied Plywood, Inc. v. Planning& Zoning Commission Allied Plywood, Inc. v. Planning& Zoning Commission "[W]here a zoning commission has formally stated the 153 Conn. 182, 1911 215 A.2d 112 (1965); Leveille v. reasons for its decision the court should not go behind Zoning Board of Appeals, 145 Conn. 468, 473, 144 A.2d that official collective statement of the commission. It 45 (1958). We conclude that there was no basis in the should not attempt to search out and speculate upon record for the trial court's finding that the plaintiff other reasons which might have influenced some or all failed in any manner to conform to the requirements of the members of the commission to reach the com- of the town zoning regulations. mission's final collective decision. DeMaria v. Plan- A writ of mandamus is the proper remedy under the ning & Zoning Commission, 159 Conn. 534, 541, 271 circumstances of this case. Mandamus will issue only A.2d 105 (1970). if the plaintiff can establish: (1) that the plaintiff has Connecticut General Statutes § 8-3 (g) provides in a clear legal right to the performance of a duty by the pertinent part that "[a] site plan may be modified or defendant;(2)that the defendant has no discretion with" denied only if it fails to comply with the requirements respect to the performance of that duty; and (3) that already set forth in the regulations. . . . A decision the plaintiff has no adequate remedy at law. Vartuli to deny or modify a site plan shall set forth the rea- v. Sotire, 192 Conn. 353, 365, 472 A.2d 336 (1984). Since these requirements have been met, we conclude sons for such denial or modification."Neither the stated that the court should have granted the plaintiff's reason for the denial nor a thorough and meticulous petition. search of the record discloses to this court any evidence that the applicant failed to conform to each and every In Allied Plywood, Inc. v. Planning& Zoning Com- applicable requirement of the regulations governing site mission, there is no error. In Sarin Bros., Inc. v.Plan- plan approval. In ruling uport a site plan application, ning & Zoning Commission, there is error, the the planning commission acts in its ministerial capac- judgment is set aside and the case is remanded with ity, rather than in its quasi-judicial or legislative capac- direction to render judgment ordering the commission ity. It is given no independent discretion beyond to approve the site plan. determining whether the plan complies with the appli- In this opinion the other judges concurred. cable regulations.Kosinski v.Lawlor, supra, 426-27. The board is under a mandate to apply the requirements of the regulations as written. "If the plan submitted conforms to these regulations, the council has no dis- cretion or choice but to approve it." RK Development Corporation v.-Norwalk, 156 Conn. 369, 375-76, 242 A.2d 781 (1968); Forest Construction Co. v. Planning and Zoning Commission, 155 Conn. 669, 674-75, 236 A.2d 917 (1967). Every property owner is entitled to rely on the local zoning regulations and to use his prop- erty accordingly. See Helbig v.Zoning Commission, 185 Conn. 294, 308,440 A.2d 940(1981);Lebanon v. Woods, q� icl 13�Dom: sox CAR w $ s � i 8. -TRACKS - -SCA4.E_ %rr_ l r O — - `O M1 •a `� PRORAR&D rtv,Q DWG. �1 ARAC OV&RA PL��NT YAZ4rY&srA7aJ ssor/ArioN A SAV7rhwl �'OtsCR,CeNVIcT/CUT 3�2�$¢