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Home My WebLink AboutPUBLIC DUMP AUTHORITY PLANNING AND ZONING COMMISSION Application No . The Commission will officially receive applicati as at either Special r Regular meetings pr vided they Received Date : were submitted to the Commission Chairperson, secreta ction Or Public Hearing by : or agent, at least fourteen (14) days pri r t the meeting at which they will be- officially received. *io application officially received at a Special Meeti Receipt NO . will be acted upon at that meeting. APPLICANT : ANTHONY BOTTICELLO ADDRESS : Perrett Place, Manchester, Conn. 060.40 TELEPHONE 643-8545 OWNER OF RECORD ON LAND RECORDS :_Anthony Botticello ADDRESS : Perrett Place, Manchester, Conn. 06040 COMPLETE LOCATION OF PROPERTY: rear of Chapel Rd. and Pleasant Valley Rd. South Windsor, Ct. ZONE Industrial NAME , ADDRESS & TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED : John D. LaBelle, Jr. 843 Main St. , Manchester, Conn. 06040 TE EPHONE 643-2726 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1 . Zone Change to (public hearing required) 2 . Filing for Subdivision OCT I I INS South Wi 3 . Filing for Open Space Subdivision (pub1folsaftViOne offi8 Comm;5*n 4 . Filing for Resubdivision (public hearing required) 5 . Special Exception to Article (public hearing required) 6 . Site Plan of Development 7 . Removal of Sand, Gravel , Clay or Quarry Stone. & Ore (public hearing required) 8 . Other (explain in detail) §4 .7 .2 .10 b public dump authorization by the Planning & Zoning Commission THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF THE PROPERTY AND SUBMITTED WITH 6 SETS OF PLANS ( 7 sets if public hearing is required) BEFORE IT IS RECEIVED BY THE PLANNING & ZONING COMMISSION. Ll Applicant, e '►� ,,` Volume 347 Page N2 16 6 - f To all People to whom these Presents shall come—Greeting Know Ye. That - NEW ENGLAND CORPORATION 0 3 2 8 i . f L- a Connecticut corporation of the Town of Hamden. County of Nov Haven J b and State of Connecticut + `- . :_ herein referred to as Grantors, for the consideration of ONE 01.00) DOLLAR and other valuable considerations .' received to the full satisfaction of the Grantors, do hereby give, grant. bargain. sell and confirm unto ANTHONY BOTTICET T of the Town of Manchester County of Hartford and State of Connecticut - whose mailing address is P�rrrett ce Pla , Ma ALA a ter, Omnectiait herein referred to as Grantees. and unto their heirs, successors and assigns forever i' All that certain piece or parcel of 1-andq with the buildings and all other improvements thereon, situated in the Town of South Windsor. �= County of Hartford and State of Connecticutq located on Pleasant Valley Road. and more particularly bounded and described on Schedule •A' attached hereto and made a part hereof. 28g.30 Lonveyance Tax received $1.312.54%a#vuyMS,;• .mot i Town Clerk of South VYind b Town Clerk of South yytndaa , t •~ I, r.J• f_� 1 + t ;•jam. • � 4r V f •• R' I Volume 347 Page No 167 _ • 1 a _ T hav and t h Id the premises hereby conveyed with the appurtenances thereof, _ _.,• , unto the Grantees, their heirs, successors and assigns forever, to them and their ' own proper use and behoof, - And also, the Grantors do for themselves, their heirs, successors and assigns, 1t`9 covenant with the Grantees, their heirs, successors and assigns, that at and until the enseal ing of these presents, the Grantors are well seized of the premises as a good indefeasible estate in Fee Simple; have good right to bargain and sell the 4 JJ same in manner and form as is above written; and that the same is free from all 1: encumbrances whatsoever, except as above stated. And furthermore,the Grantors'do by these presents, bind themselves and their •�: heirs, successors and assigns forever, to Warrant and Defend the premises hereby ,. •-_. conveyed to the Grantees, their heirs, successors and assigns, against all claims ut and demands whatsoever, except as above stated. ,i.. T' r to all references herein to any parties, persons, entities or corporations,the use ` `• of any particular gender or the plural or singular number is intended to include : y the appropriate gender or number as the text of the within instrucent may require. In Witness Whereof, the Grantors have hereunto set their hands and seals. or if w ''.« 'ram- �•. "' k ( a corporation has caused these presents to be executed by its corporate officer and its corporate seal to be affixed hereto, this"30`Q% day of 19 93 Signed. Sealed and Delivered NEW FNGLAND CORPORATIC9l, ` i ih a of: S. HAROLD K. THISTLE - Its President. Duly Authorised 7. 1 }t" State of CCKNECTICtTr v—_J '3O q*we 1983 County of NEW HAVEN / i A;` Personally appeared. HAROLD W. THISTLE, President of NEW EciGLAND CORPO�ttAl'I�. . rt a corporation. Signer= and sea•lerz of the foregoing instrument and acknowledged the same to behis •! tAofc free act and deed Mducsxoc as suh esident. and the free act and deed of said corporation, before me. 1 ; CaWSSIONER OF SUPERIOR COURT PELLEGRINO PELLEGRINO & PELLEGRINO A0opos10wK cow.Ow�TrOM _ %�-` c'• COYMKiOA�AI•� f. 4V Volum 347 Page No 168 SCHEDULE 'A' ' All that certain piece or parcel of land# with the buildiasa and all other improvements thereon, situated in the Town of South Windsor. �- County of Hartford and State of,Connecticutg and shown as 'Ares = 3.395.165 + Sq. Ft. 77.942+ Acres• on a map entitled. ` i Surveyed r Allied Building Systems. Inc. Pleasant Valle"Property Fo ! South Windsor. Connecticut . . . Scale 1' n 100• Date July 30s 1970 �. Sheet No. 1 of 11. certified substantially correct by Hayden L. Griswold Engineering Inc.. Manchester. Conn. r 1 Together with the right to use the railroad track crossing property now or formerly of Eve C. Haller and land now or formerly of George ' Haller, all as sure fully described in Judgment of the Superior Courts County of Hartford. dated January 4. 1971 and recorded in Volume 162 L'- `s' on Page 262 of the South Windsor Land Records. Together with rights. easements and obligations as set forth in a deed - : } from Carpenter Brick and Clay Products. Inc. to Donald Cunnings dated ` September 25. 1962 and recorded in Volume 92 on Page 334 of the South ' s Windsor Land Records. as modified by Consent dated January 16. 1963 � H and recorded in Volume 94 on Page 664 of said Land Records. t Together with rights, easements and obligations as set forth in a deed from Carpenter Brick and Clay Products. Inc. to Propane Gas Service. Incorporated. dated September 25. 1962 and recorded in Volume 92 on Page 337 of the South Windsor Land Records. 1� j Together with a possible right-of-way in favor of a 4-acre parcel •� forming a portion of the property hereinabove described. referred to -' in a deed from George W. Bouchard to Robert P. Clark. William O. Clark '` and George H. Clark dated July 16. 1956 and recorded in Volume 54 on Page 239 of the South Windsor Land Records. ,+ Together with a possible easement by prescription@ not in excess of 30 feet in width@ over property now or formerly of Eve C. Haller for ' access to and from Route S and the property herein described. , Together with a Variance from the Zoning Board of Appeals re minimum i lot width. as set forth in instrument dated March S. 1981 and recorded in Volume 299 on Page 171 of the South Windsor Land Records. T SAID PREMISES ARE SUBJECT TO THE FOLLOWINGS 1. A 29-foot right of way in-favor of land now or formerly of George t Haller# as set forth in a deed to Wanda M. LesnewskyY dated January 23. 1956 and recorded in Volume 53 on Page 9 of the South Windsor Land Records. 2. Pole line easement in favor of The Southern New England Telephone t -_ Company. as set forth in instrument dated June 11. 1957 and recorded, f in Volume 59 on Page 187 of the South Windsor Land Records. ' 3. Rightse easements and obligations as set forth in a deed to Donald L. Curminggs, dated September 25. 1962 and recorded in Volume 92 on Page 334, and as modified by Consent dated January 16. 1963 6 and recorded in Volume 94 on Page 664 of the South Windsor Land •Records. !: 4. Rights. easements and obligations as set forth in a deed to Propane T Gas Service. Incorporated. dated September 25. 1962 and recorded is }i Volume 92 on Page 337 of the South Windsor Land Records. t1 i WWNAV M.WNN WnCiR �t4 � • I .Volume 347 Pa;e N° 169 ' ,_. . ' SCHEDULE "A' CO`T. ..s s 5. Pole line easement in favor of The Connecticut Light and Power _ Company, as set forth in instrument dated February 25, 1963 and = recorded in Volume 95 on Page 339 of the South Windsor Land Records. 6. Drainage easement in favor of A. F. Peaslee. Incorporated, as set f forth in instrument dated October 31. 1968 and recorded in Volume 127 on Page 108 of the South Windsor Land Records. r• . 7. Caveat in favor of The Water Bureau of the Metropolitan District. as set forth in instrument dated May 23. 1958 and recorded in � Volume 65 on Page 59 of the South Windsor Land Records. 8. Together with and subject to riparian rights of others in and to the uninterrupted flow of water in the water courses crossing said ' premises. x 9. Portions of the premises are within inland wetlands areas. 10. Portions of the premises are within the Special Flood Hazard Area. Received For Record • Sept. 2, 1983 at 12:01 pm Charles N. Enes, Town Clerk 6_. y r •.+era �,towN se,4`4 y r T O-Ps vzn� C � 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 f��SOR•co AREA CODE 203/644.2511 September 12 , 1985 Mr . Anthony Botticello Perrett Place Manchester, Connecticut 06040 Dear Mr. Botticello: At the September 9, 1985 meeting , the Inland Wetlands Agency denied, without prejudice , your application No. 331 for an industrial subdivision. This action was taken because you did not respond to the Agency' s request for further data within the time limit for Agency action, as per our regula- tions , and Connecticut State Statutes (Sec. 22A-42A (c) . Very truly yours, John M. Moran Jr. Chairman, Inland y(i lands Agency /X JMM/ml �f ; cc: Edward Lassman Fuss & O 'Neill A. Bowen Davies , Deputy Town Engineer Richard J. Sartor, Town Manager Mayor John Mitchell Deputy Mayor Richard Ryan, Liaison, Town Council Robert Arsenault, Director of Public Works Thomas D 'Auria, Chief Building Official John Shemo, Economic Development Coordinator Rick Martel , Town Engineer Jacqueline Smith, Town Clerk P ter DeMallie , Director of Planning , obert Gilligan, Chairman, PZC AGENDA 007249 SPECIAL MEETING TOWN COUNCIL MEETING ROOM A TUESDAY , OCTOBER 15 , 1985 SOUTH WINDSOR TOWN HALL TIME: 7 : 30 P .M. 1 . Call Meeting to Order 2 . Roll Call 3 . Public Participation # 4. Communications 5 . Town Manager ' s Report 6 . Special Business a . Resolution Designating NORCAP in East Windsor , Connecticut as Solid Waste Disposal Facility 7 . Executive Session 8 . Adjournment Public Participation is Invited on any Agenda Item �O G� CIS O �� 00'i250 MINUTES SPECIAL MEETING TOWN COUNCIL MEETING ROOM A TUESDAY , OCTOBER 15 , 1985 SOUTH WINDSOR TOWN HALL TIME: 7 : 30 P . M. 1 . Call Meeting to Order 2 . Roll Call : Councilwoman Sagese and Councilwoman Sorenson absent 3 . Public Participation : None 4 . Communications Mayor Mitchell made note of the 350 Anniversary Celebration Parade to be held in New Haven on April 19 , 1986 . Mayor Mitchell read a letter from St . Francis asking for a letter of support . Mayor Mitchell referred to a letter from John Woodcock regarding a Senior Task Force for Elderly Housing . 5 . Town Manager ' s Report Mr . Sartor reported that certified letters had been sent to all Commercial Trash Haulers holding permits within the Town (approximately 125) notifying them of the designation of NORCAP as the landfill for South Windsor . 6 . Special Business a . Resolution Designating NORCAP in East Windsor , Connecticut as Solid Waste Disposal Facility Councilman Nicholson moved the following , seconded by Councilman Pitts and after discussion voted unanimously 7-0 . BE IT RESOLVED that the South Windsor Town Council , under the provisions of Section 5-101 of the South Windsor Code of Ordinances hereby designates the Northern capitol . Region Disposal Facility on wapping Road , East Windsor , Connecticut also known as NORCAP as the solid waste disposal facility for the Town of South Windsor . Councilman Havens questioned whether the Town has a contract with NORCAP. Mr . Sartor said no contract has been signed . There are language difficulties . The Town is presently operating under the old agreement at the new rates . Councilman Havens aksed if NORCAP is legally bound to accept our trash? Mr . Sartor said they are willing to sign the contract as it presently stands . - T 00O251 SPECIAL MEETING TOWN COUNCIL TUESDAY, OCTOBER 15 , 1985 Mayor Mitchell pointed out that the Town has the option to take its refuse to Hartford under the CRRA contract . Mr . Sartor said the CRRA tipping fee is less that NORCAP however when you take into consideration the transportaiton costs it is substantially more . Councilman Havens questioned the length of the contract . Mr . Arsenault said one year is the length of the contract . Councilman Nicholson questioned when the old contract expired? Mr . Sartor said the old contract expired on June 30. The lack of a contract has not had any impact on operations . Councilman Nicholson asked the Town Manager to provide the Council with further information regarding the CRRA cost and what the procedure would be to begin using the CRRA facility . Mayor Mitchell asked how quickly the designation of the landfill could be changed? Attorney Rittenband said an emergency meeting or a special meeting could be called or it could be scheduled for a Regular Meeting . Councilman Nicholson asked when the Ordinance became effective? Attorney Rittenband said the Ordinance became effective October 13 , 1985 . A discussion ensued regarding the date the notice appeared . Councilman Havens questioned what action would be taken on the application filed Friday when the Ordinance was effective Sunday . Attorney Rittenband indicated he had already received a request from P & Z on whether the application should be accepted . He indicated it is his opinion that it would not be accepted as the Ordinance is in effect at the time it would be accepted formally . He said he believes that P & Z should not accept the application . In a call for a vote on the resolution , the resolution was approved unanimously 7-0. 7 . Executive Session : None 8 . Adjournment Deputy Mayor Ryan moved to adjourn the Special Meeting at 7 : 44 p .m. , seconded by Councilman O ' Reilly and voted unanimously 7-0. Respectfully submitted , APPROVED: Eileen G. Jalet Clerk of the Council • ti C 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 ��N • A. soe•co AREA CODE 203/644.2511 � �' October 15, 1985 Richard M. Rittenband, Esq. 1734 Ellington Road South Windsor, Ct. 06074 Dear Dick: Re: Anthony Botticello On Friday, October llth, the secretary to the Planning & Zoning Commission received an application from Anthony Botticello, for a public dump authorization by the Planning & Zoning Commission, under Section 4. 7. 2. 10 .b of the Zoning Regulations . I understand that the Town Council of South Windsor has passed a Resolution or Ordinance prohibiting public dumps in South Windsor. The Planning & Zoning Commission would like your legal opinion as to whether or not the Commission should formally accept and proceed with the Botticello application for a public dump under Section 4. 7. 2. 10 .b. Yours very truly, PLANNING & ZONING COMMISSION vg By: R-�� .�r-/ ' c r er Robert F. Gilligan, C airman CC: P. DeMallie, Planning Director pow N 8E4< _ _ —_ ---- —--- ---- GO 0 T-a ap Sam& � 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 R- 0 AREA CODE 203/644-2511 Reply to: 1734 Ellington Road South Windsor, CT 06074 Area Code: 203/644-2456 October 17, 1985 Robert F. Gilligan, Chairman t Planning and Zoning Commission ` 1540 Sullivan Avenue South Windsor, CT 06074 �C Re: Anthony Botticello South�1Ag wals� ?J301mg Dear Bob: This is in response to your request for a legal opinion dated October 15, 1985 concerning the above application. It is my opinion that the Planning and Zoning Commission should not formally accept or proceed with the Botticello application for a public dump under Section 4.7.2.10b of the Zoning Regulations. This is based upon the following: 1. Such use would be illegal because it would be in violation of Sections 5-101 through 5-104 of the South Windsor Code of Ordinances, which were adopted on September 30, 1985 and took effect on October 13, 1985. a.) On October 15, 1985, the Town Council, under the provisions of Section 5-101, adopted a resolution designating NORCAP of East Windsor as the one solid waste disposal facility for the Town of South Windsor. This action prohibits any other location, within or without South Windsor, for a solid waste disposal facility for the Town of South Windsor. b.) Such use would also violate Section 5-104(a) of the Code which prohibits the disposal of solid waste generated outside South Windsor at any location within South Windsor under any circumstances, and it would violate Section 5-104(b) of the Code which prohibits disposal of solid waste at any facility or location in South Windsor which has not been approved by the Town Council and the Connecticut Department of Environmental Protection. Neither the Council nor the DEP has granted such approval. 2. Further, under Section 4.7.2.10b of the Zoning Regulations, the public dump must be "under the jurisdiction of the Town of South Windsor." There is no indication that it is or will be. EXHIBIT P, -2- For all of the foregoing reasons, it is clear that the use subject of the application is illegal, and the Planning and Zoning Commission should not accept or proceed with an application for a use that is illegal. Your by-laws do not allow you to officially receive an application for at least fourteen (14) days following submission. For that reason and other reasons the fact that the application was physically submitted on October ll, 1985 does not alter my opinion as stated above. Very 4M. ittenband s, Richa Town Attorney RMR:mwd EXHIBIT A Planning Department Comments Re: Application of Anthony Botticello-Public Dump Planning Department Staff have conducted a preliminary review of the aforementioned application and offer the following observations: 1. The proposed use is prohibited under Section 4.7.2.10 b, in that it is not under the jurisdiction of the Town -. of South Windsor and the applicant is proposing to dump refuse matter not originating on the premises. 2. The proposed use is in fact a land filling operation subject to the requirements under Section 10 of the Zoning Regulations. The applicant did not apply for approval under that section of the Zoning Regulations. 3. Section 4 .7.3 of the Industrial Zoning Regulations, which defines procedures, requires site development plan approval before a parcel of land in the I Zone may be used. The maps submitted by the applicant fail to conform to the requirements for a site plan of development under Section 4.13 of these regulations. The applicant also did not apply for site plan of development approval. Some of the deficiencies on the plans required under Section 4.13 et. seq. , include the absence of a plot plan, the absence of an A-2 survey, the absence of a Topographic Map and the absence of Drainage Specs, at the required scales. 4. The Town Attorney has rendered an opinion which recommends that the Planning & Zoning Commission not receive the subject application, for a variety of reasons. October 29, 1985 pow N aE44 o � 7-awt, 074e Sau& u • � 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 �psoR•co AREA CODE 203/644-2511 October 29 , 1985 John D. LaBelle, Jr. , Esq. 843 Main Street Manchester, Ct. 06040 Dear Sir: Re: Anthony Botticello, Public Dump Authorization under Section 4. 7. 2. 10.b of Zoning Regulations The Planning & Zoning Commission unanimously voted last night not to officially receive the above application. I am enclosing a copy of the Minutes of the meeting for your information. I am also returning herewith the application form, your check for $50, and the plans which you submitted. Yours very truly, PLANNING AND ZONING COMMISSION vg By: encs. Robert F. GkIligan, CAairmanj CC: Richard Rittenband, Esq. , Town Attorney Peter DeMallie, Planning Director PLANNING & ZONING COMMISSION OCTOBER 29 , 1985 SPECIAL MEETING SOUTH WINDSOR TOWN HALL MEMBERS PRESENT: Montana, Gilligan, Sorenson, Smith, Sorosiak ALTERNATES PRESENT: Hallowell (sitting for Klenke) ; Asplund (sitting for Conde) ; Rossi The Chairman called this Special Meeting to order at approximately 10 :00 P. M. , and stated that the public hearing on the application of Vintage Homes, Inc. would be held after this meeting. New Business 1. Applications to be officially received: a. Central Record & Tape Distributors, Site Plan, 145 So. Satellite Road, I zone b. Anthony Botticello, Public Dump Authorization under Section 4. 7. 2. 10.b of the Zoning Regulations. Mr. DeMallie, Planning Director, reported that item "a" , Central Record and Tape Distributors, was in order and ready to be officially received. Referring to item "b" , Anthony Botticello, Public Dump Authorization under Section 4. 7 . 2. 10.b, Mr. DeMallie said the Planning Department has conducted a preliminary review of the application and offers the following observations: 1. The proposed use is prohibited under Section 4. 7.20- 10 br -1 in that it is not under the jurisdiction of the Town of South Windsor and the applicant is proposing to dump refuse matter not originating on the premises. 2. The proposed use is, in fact, a land filling operation subject to the requirements under Section 10 of the Zoning Regulations. The applicant did not apply for approval under that section of the Zoning Regulations. 3. Section 4. 7 . 3 of the Industrial Zoning Regulations, which defines procedures, requires site development plan approval before a parcel of land in the I zone may be used. The maps submitted by the applicant fail to conform to the requirements for a site plan of development under Section 4. 13 of these regulations. The applicant also did not apply for site plan of development approval. Some of the deficiencies on the plans required under Section 4: 13 et. seq. , include the absence of a Topographic Map and the absence of drainage specs, at required scales. 4. The Town Attorney has rendered an opinion which recommends that the Planning & Zoning Commission not receive the subject application, for a variety of reasons. Planning & Zoning Commission 10/29/85 Mr. Gilligan asked Mr. DeMallie if he recommends that Central Record' s application be received and Mr. DeMallie said yes. Mr. Gilligan then asked Mr. DeMallie his recommendation for the Botticello application for a public dump. Mr. DeMallie said it is a prohibited use, and there is an opinion from the Town Attorney. He said he outlined their deficiencies and what the problems are, and said he would defer to the Town Attorney on whether to receive it or not. Mr. Gilligan asked for a motion on the Central Record application, and Mr. Sorenson moved that Central Record' s application be officially received. Mrs. Smith seconded the motion and it was unanimously voted in favor and so ordered. Mr. Gilligan then quoted from Town Attorney Rittenband's October 17, 1985 letter on the Botticello application, as follows : "For all of the foregoing reasons, it is clear that the use subject of the application is illegal, and the .Pl,anning__and_� C06iiis_3= should not accept or proceed with an application for a use that is illegal. " (A copy of Mr. Rittenband' s letter is attached hereto and made part hereof, marked Exhibit A) . Mr. Gilligan asked for a motion, and Mrs. Smith moved that the application of Anthony Botticello, for Public Dump Authorization under Section 4. 7. 2. 10.b of the Zoning Regulations, not be officially received. Mr. Sorenson -seconded the motion. Attorney John LaBelle, Jr. was present, and said he represented Mr. Botticello. He noted that public dumps are a prohibited use, except where they are approved by the Planning & Zoning Commission. The application that was filed is the first step that has to be taken to proceed with any kind of application for a dump, public or town controlled. He said he recognizes that the Town Council at the end of September adopted an ordinance that purports to regulate land uses and specifically prohibit this operation and this application. Mr. LaBelle said he would like to point out that the authority to regulate land use is vested in the Planning & Zoning Commission and not in the Town Council. The people sitting on this Commission develop the expertise to deal with land use problems. Mr. LaBelle said he thinks the Town Council has overstepped its bounds, and the Zoning Regulations has in it specific language as to how to make an application for a dump. When the Town Council attempts to get into land use planning they have overstepped their bounds. Mr. LaBelle suggested that the Commission give some thought to the fact that the Town Council is stepping on its toes, taking over its functions, and asking it to abdicate its authority. The Ordinance that came from the Town Council, did not follow the Statutory procedure for changing the'.Zoning- Regulations, and Mr. LaBelle said in his opinion the Ordinance is void and unconsti- tutional. In fairness to the applicant and the Town of South Windsor, which will have refuse problems over the years, the Council ought to do more than simply take the application and say it' s .improper without any kind of a hearing. Any kind of land use problems should be solved by Planning and Zoning, and not by somebody else. Planning & Zoning Commission 10/29/85 Mr. Gilligan thanked Mr. LaBelle for his comments and noted there was a motion on the floor that this application not be officially received. Mrs. Montana suggested the Commission make it clear why the application is not being received. If it is incomplete, they can resubmit it, and if it is illegal they cannot resubmit it. Mr. Hallowell said that the application should be returned to the attorney for the applicant along with a copy of Mr. DeMallie's report as well as the letter from the Town Attorney. Mrs. Smith noted that when she made the motion she did not distinguish between being incomplete or illegal, because she thinks it is both. Mr. Gilligan said if any Commissioner would like to comment on why he or she is voting not to receive the application, they could do so after the vote. Voting in favor of the motion not to officially receive the application were Commissioners Montana, Gilligan, Sorenson, Smith, Sorosiak, Hallowell and Asplund. The motion was duly carried by a 7 to 0 vote, and so ordered. There being no further business, the Commission reconvened the public hearing at approximately 10 :15 P. M. Respe tfully submitted, Viftfilniaf S. Grp y Recording cretary APPROVED: t� r 7-0 01AC S ?dzez� a s 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 �l�psoR-CO AREA CODE 203/644-2511 Reply to: 1734 Ellington Road South Windsor, CT 06074 Area Code: 203/644-2456 October 17, 1985 InTgNt, L Robert F. Gilligan, Chairman Planning and Zoning Commission " �5 1540 Sullivan Avenue `� South Windsor, CT 06074 • C SOUO Re: Anthony Botticello 1104 C ��8gQ1� Dear Bob: This is in response to your request for a legal opinion dated October 15, 1985 concerning the above application. It is my opinion that the Planning and Zoning Commission should not formally accept or proceed with the Botticello application for a public dump under Section 4.7.2.10b of the Zoning Regulations. This is based upon the following: 1. Such use would be illegal because it would be in violation of Sections 5-101 through 5-104 of the South Windsor Code of Ordinances, which were adopted on September 30, 1985 and took effect on October 13, 1985. a.) On October 15, 1985, the Town Council, under the provisions of Section 5-101, adopted a resolution designating NORCAP of East Windsor as the one solid waste disposal facility for the Town of South Windsor. This action prohibits any other location, within or without South Windsor, for a solid waste disposal facility for the Town of South Windsor. b.) Such use would also violate Section 5-104(a) of the Code which prohibits the disposal of solid waste generated outside South Windsor at any location within South Windsor under any circumstances, and it would violate Section 5-104(b) of the Code which prohibits disposal of solid waste at any facility or location in South Windsor which has not been approved by the Town Council and the Connecticut Department of Environmental Protection. Neither the Council nor the DEP has granted such approval. 2. Further, under Section 4.7.2.10b of the Zoning Regulations, the public dump must be "under the jurisdiction of the Town of South Windsor." There is no indication that it is or will be. EXHIBIT A -2- For all of the foregoing reasons, it is clear that the use subject of the application is illegal, and the Planning and Zoning Commission should not accept or proceed with an application for a use that is illegal. Your by-laws do not allow you to officially receive an application for at least fourteen (14) days following submission. For that reason and other reasons the fact that the application was physically submitted on October 11, 1985 does not alter my opinion as stated above. Very truly yo s, Richard M. ittenband Town Attorney RMR:mwd EXHIBIT A �N f7 T-0 07 ?d&U&Ot C � a 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 r�osoe•co� AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, NOVEMBER 7, 1985 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the October 29 , 1985 meeting the Planning and Zoning Commission voted that the application of Anthony Botticello, for Public Dump Authorization under Section 4. 7. 2. 10.b of the Zoning Regulations not be officially received. Dated at South Windsor, Connecticut this 6th day of November, 1985. PLANNING & ZONING COMMISSION Robert F. Gilligan, Chairman David H. Sorenson, Secretary