HomeMy WebLinkAboutSPECIAL EXCEPTION (5) 4 V aY a\
PLANNING AND ZONING C0vi u 1 S S I ON
PLANNING AND ZONING CO.a SSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY
"Pi. � TIE PLANNING NG AND ZONING COXIMISSION' AT
RECEI`IED DATE: :-- THE REGULARLY SCHEDULED MEETING ON Tc
APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL
REJECTED DATE: BE SUBMITTED TO THE PLANNING AND
RECENT �� �� ZOINaNG CO2MIMISS ION OFFICE ONE (1) WEEK
PRIOR TO THE FOURTH TUESDAY.
APPLICANT: Dr. David R. Burnett & Patrick J. McHugh
ADDRESS: 942 Sullivan Ave. , So. Windsor, CT 06074 TELEPHONE # 644-1882
OWNER OF RECORD ON S.W. LAND RECORDS Abraham R. Patria, et ux
,ADDRESS: 211 Sullivan Ave. , E. W. Hill
COMPLETE. DESCRIPTION OF LOCATION OF PROPERTY Lots 6 & 7 "Patria Industrial
Park" Patria Road, South Windsor, CT
ZONE -Industrial
NAIL,. ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE
DIRECTED: Attorney William E. Grace, 435 Buckland Road, South Windsor,
CT 06074 TELEPHONE #644-1528
THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING)
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)
4.7. 2. 8. J
X_ 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)
i
s. Other (explain in detail)
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND TPX OWNER OF THE PROPERTY AND
SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED BY THE M NN= AND
ZONING COMSSION
Dr. David R. Burnett &
Dr- David R Rly rnntt &
APPLICANT OWNER
Patric J. McHu Patrick J. McHugh
BY BY:
illiam E. Grace William E. Grace
(over)
T-own o-r SouVi ?d&zd44_0t
1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
AREA CODE 203/644-2511
February 14, 1980
Messrs. Patrick Me Hugh and
David R. Burnett
94.2 Sullivan Avenue
South Windsor, Connecticut 06074 CERTIFIED MAIL
Dear Sirs:
At the February 11, 1980 meeting, the Inland Wetlands Agency
of South Windsor approved with conditions, Application NO. 151 to
construct a proposed kennel, enclosed exercise and training area,
driveway, ten-car parking area and storm water retention area, as
shown on the map entitled "Property of David R. Burnett and Patrick
McHugh, Patria Road, South N11indsor, Connecticut, " drawn by Emil Lucek
Associates, dated 1/29/80.
The following conditions must be adhered to for this permit
to be valid:
1. This proposal is subject to the approval of the Planning
and Zoning Commission'.
2. The proposal is subject to the approval of the Town Engineer.
3. The proposal is subject to the approval of the Town Sanitarian.
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 not
exercised within that period.
Any future activity on Lot NO. 7 will require the submission
of a new -application to the Inland Wetlands Agency. Approval of
I
David R. Burnett
942 Sullivan Avenue
South Windsor, Connecticut 06074
Letter of Permit - Application NO. 151
February 14, 1980
Page 2.
this application does not imply approval of any future proposal.
Ve ni
,ry truly yo u�rs.,
Constance Etslksson, Chairman
INLAND WETLANDS AGENCY
TOWN OF SOUTH WINDSOR
CE:chm
ccs William E. Grace, Attorney At Law
Emil W, Lucek, P.E. & L. S.
A. Bowen Davies, Deputy Town Engineer
Charles Enes, Acting Town Manager
Edward F. Havens, Mayor
Charles Enes, Town Clerk
Donald McLaughlin, Building Inspector
Marshall Montana, Chairman, PZC
Louise Evans, PZC Liaison
Richard Ryan, Town Council Liaison
Kenneth Noseck, EDC Liaison
1
�Ow\ 8F,`
A Tio O-P S ?dzt�
U
1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
r~osOR•co� AREA CODE 203/644-2511
March 24, 1980
William E. Grace, Esq.
435 Buckland Road
South Windsor, Ct. 06074
Dear Bill:
Re: Dr. David R. Burnett, et al
Please be advised that there will be a public hearing of the Planning
and Zoning Commission on Tuesday, April 15, 1980, at 8:00 p. m. in the
Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue,
South Windsor. At this time the applications of Dr. Burnett for an
amendment to the regulations, and a Special Exception, will be heard.
The applicant is responsible for displaying a sign on the property
advertising the public hearing, to be visible from a public street, at
least 10 continuous days prior to the public hearing date (by April 4th).
The sign is available in the Planning and Zoning Commission office at
the Town Hall. The $20 deposit, which you have already paid, will be
refunded when the sign is returned.
Yours very truly,
PLANNING AND ZONING COMMISSION
,1
vg By:
Marshall Montana, Chi irperson
w to N s ��
f
u 7191u� aps �
1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074
soe•co� AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER: SATURDAY, APRIL 5, 1980
FRIDAY, APRIL 11, 1980
LEGAL NOTICE
TOWN OF S OUM WINDSOR
PLANNING AND ZONING COMMISSION
Notice is hereby given that there will be a public hearing of the Planning
and Zoning Commission on Tuesday, April 15, 1980, at 8:00 P. M. in the
Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue,
SouthW indsor, to consider the following:
1. Application of Dr. David R. Burnett and Patrick J. McHugh, to amend
the zoning regulations as follows:
Under Industrial Zone uses, Section 4.7.2.8, add "j" as follows:
j. Veterinary Hospital and Boarding Kennel for the treatment and
boarding of small animals, primarily cats and dogs, with all
facilities housed inside a building with a limited outside
fenced area for exercising and training with necessary office
and service space.
2. Application of Dr. David R. Burnett and Patrick J. McHugh for a
Special Exception to Article 4.7.2.8 j, to permit a veterinary
hospital and boarding kennel for the treatment and boarding of
small animals, primarily cats and dogs, with all facilities
housed inside a building with a limited outside fenced area
for exercising and training with necessary office and service
space, on premises known as Lots 6 and 7 "Patria Industrial Park",
Patria Road, Zone I.
3. Gerber Scientific, Inc. , application for widening and reconstruction of
Kelly Road in accordance with General Statutes Section 8-24, I zone.
4. Gerber Scientific, Inc., application for approval of a site development
plan in accordance with Section 4.11 of the Zoning Regulations, for
premises located on the southerly side of Kelly Road, at the Vernon
Town line, in an I zone.
Copies of these applications and maps more clearly defining the properties
are on file in the Office of the Town Clerk of the Town of South Windsor.
At this hearing, interested persons may appear and be heard and written
recommendations will be received.
PLANNING AND ZONING COMMISSION
Marshall Montana, Chairman
Raymond F. Hallowell, Jr., Secretary
so
�qJI,t�M1N Sfq(
c Twn ale SoUth
ti 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
AREA CODE 203 644-2511
April 25, 1980
William E. Grace, Esq.
435 Buckland Road
South Windsor, Conn. 06074
Dear Bill:
Re: App. Nos. 732 and 733 - Dr. David R. Burnett, et al
Please be advised that the Planning and Zoning Commission voted at its April 22nd
meeting to approve the applications of Dr. Burnett for an amendment to the Zoning
Regulations, and special exception. The site plan of development for the construction
of a boarding kennel on property known as Lots #6 and #7 "Patria Industrial Park",
Patria Road, I zone, has also been approved subject to the following conditions:
1. The line between Lots #6 and #7 shall be removed, and the legal descrip-
tion of the property, and the Deed, shall be revised to show this property as one
lot rather than two lots.
2. The boarding of small animals in this kennel shall be limited to cats
and dogs.
3. Drainage on this property will be subject to the review of the Town
Engineer and approval of the Planning and Zoning Commission.
4. The map shall be corrected to conform to the Zoning Regulations, sub-
ject to the review of the Director of Planning, and approval of this Commission.
5. A 24" x 36" black and transparent plan, printed on polyester film, shall
be submitted to the Commission to be stamped and signed. The plan shall be stamped
in accordance with the "Rules and Regulations of the State Board of Registration for
Professional Engineers and Land Surveyors." The technical portions of these final
plans shall be certified by either a Land Surveyor or a Professional Engineer licensed
to practice in Connecticut. This approval letter and approval letter of the Inland-
Wetlands Agency shall be reproduced and made part of the final plans.
After the foregoing conditions have been complied with, the Commission will return
the signed plan to you for filing in the Town Clerk's Office.
Very truly yours,
PLANNING AND ZONIN COI�IISSION
R
B ;
vg y:
M 'rshall Montana, Chairman
CC: D. McLaughlin, Building Inspector
J. Page, Town Engineer
B. McNamara, Assessor
P. DeMallie, Director of Planning
`0 N Sf�<
ca/�S-o-mM ?&qd40t
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
�'toSOR co� AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, APRIL 26, 1980
LEGAL NOTICE
TOWN OF SODUrH WINDSOR
PLANNING AND ZONING COMMISSION
At the April 22, 1980 meeting the Planning and Zoning Commission voted to
take the following action:
1. Approve the application of Dr. David R. Burnett and Patrick J.
McHugh for a Special Exception to Article 4.7.2.8 j, to permit
a veterinary hospital and boarding kennel for the treatment and
boarding of small animals, primarily cats and dogs, with all
facilities housed inside a building with a limited outside fenced area
for exercising and training with necessary office and service
space, on premises known as Lots 6 and 7 "Patria Industrial Park",
Patria Road, Zone I.
2. Approve, with conditions, the application of Dr. David R. Burnett
and Patrick J. McHugh, of a site plan of development, to
construct a kennel on property known as Lots 6 and 7 "Patria
Industrial Park", Patria Road, Zone I.
Dated at South Windsor, Connecticut this 23rd day of April, 1980.
PLANNING AND ZONING COMMISSION
Marshall Montana, Chairman
Raymond F. Hallowell, Jr., Secretary
CVatley CVetetinaty Clinic
DAViD R. BURNETT, V. M. D.
942 SULLIVAN AVENUE
SOUTH WINDSOR, CONNECTICUT 06074
TELEPHO!!t 644.f 882
4 May 81
Mrs. Marshall Montana
Chairperson, Planning & Zoning Commission
1540 Sullivan Ave.
South Windsor, Conn. 06074
Dear Mrs. Montana:
The purpose of this letter is to clarify the role of the grooming
operation in our facility that was permitted by the PZC in an
amendment to the Zoning Regulations, and special exception dated
22 April 180. By this amendment you expanded the accepted uses of
an industrial zone to include a "Veterinary Hospital and Boarding
K nnel for the treatment and boarding of small animals, limited
solely to cats and dogs, with all facilities housed inside a
building with limited outside fenced area for exercising and training
with necessary office and service space."
The operation of a boarding kennel necessitates a grooming facility
as part of its "service space" - both as a practical matter for
cleaning up dogs and cats prior to dischar a or during their stay
if necessary, as well as providing, a cash flow buffer during the
slower fall and winter months. This situation is in no way unique
to us, and may be found in virtually all area boarding kennels.
Recently it has been brought to my attention that concern has been
expressed regarding our advertising the grooming facility. I would
assume that traffic flow in a lifsi
t industrial zone represents the
basis of this concern. If such the case, let me assure you that
the nature of a grooming opperation BY APPOINTMENT ONLY would limit
the number of clients to 10-15 maximum per day. Considering a
drop-off and pick-up for each client this would thus represent a
maximum of 20-30 "trips" per day attributable to grooming - certainly
not a prohibitive amount.
As a result of your willingness to allow an addition to the regulations
permitter our boarding kennel, we have been able to provide the town
with a building and business that represent an attractive asset both
aesthetically and financially as well as providing a needed service.
However, if we are to survive as a business through the slower fall
and winter months we must build up a substantial grooming clintele
to carry us through this period- as do all other area boarding kennels.
This may be accomplished without a signifigant effect on the traffic
count as indicated above.
If you, or any other members of the commission would care to discuss
this matter further, I would like to request that you place my name
on a future agenda at your convenience.
Sin erely ours
David R. Burnett, VMD
cc: P. Demallie, Dir, of Planning
file
040 Agrummtmade and concluded this day of January
A. D. 19 80, by and betweenAbraham R. Patria and Elizabeth Ahern Patria, both
of the Town of South Windsor, County of Hartford and State of
Connecticut (hereinafter referred to as Sellers) ,
xkx'& xk
and Patrick J. McHugh of the Town of Hebron, County of Tolland and
State of Connecticut and David R. Burnett of the Town of South Windsor,
County of Hartford and State of Connecticut (hereinafter referred
to as Buyers)
��pp 2sxe
7W itar-t grtk, That the said Sellers
in consideration of ONE THOUSAND ($l, 000 .00) ----------------------------Dollars
to them paid by the said Buyers
(the receipt
whereof is hereby acknowledged) and in further consideration of the promises of the said Buyers
hereinafter contained, doth hereby promise and agree to and with the said
Buyers
that immediately upon the faithful performance of the said
Buyers ' agreement hereinafter made,t hey ,
the saidSellers
will on or before the 1st day of August 19 8 0 , make and deliver to the said
Buyers
a good and sufficient Warranty Deed, containing the usual covenants in such deeds contained, of all that tract
of land situate, lying and being in the Town of South Windsor, County of Hartford
and State of Connecticut 1cnown and designated as Lots Nos. 6 and 7
on a certain snap or plan entitled "PATRIA INDUSTRIAL PARK Sullivan
Avenue South Windsor Scale: 1"=40 ' May 1970 William J. Carrington,
Reg. L.S. " which map or plan is on file with the land records of the
Town of South Windsor to which reference may be had for a more
particular description of said premises.
Said Lot No. 6 is conveyed subject to a cul-de-sac appearing on said
map or plan.
Uo Lll Lul_-o NoLi. u anL1 7 arc cuavuyu(a s ul.)jL!c t Lu l.)u,ilc;l.:i.ncj, bu:i.ldirvj l:in(_
and zoning restrictions of the Town of South Windsor.
C�
r
••� Cin'siberati n 184ernifthe said Buyers
doth hereby promise and agree to and with the said
Sellers
that they will on or before the said is t day of August 19 8 0, pay to
the further sum of TWENTY—FOUR THOUSAND ($2 4 1000 .0 0) ----- ------------dollars,
—
in addition to the payment already made, being the balance of the purchase money hereby agreed upon for the
said tract of land, in manner and form as follows, viz:
6
l,y 4 11L; ��d� tlli:I' �. U 1 l.11� u.�t C�1. i 6 UR l._0�J SA%il) •�'z, 600 . 0 0) DOLLARS
at the tirae of -transfer of title, together with any tax adjust-
ment: in favor of the Sellers.
b) By a Promissory Note in the amount of TWENTY THOUSAND ($20, 000 .00
DOLLARS secured by a purchase money first mortgage on the
premises above described. Said note shall be amoritzed monthly
at the rate of TWELVE (12%) PERCENT per annum, over a period of
FIVE (5) YEARS; and said note shall have the standard
clausesrelating to counsel fees and court costs in the event of
nonpayment of said note according to its terms; and said
note shall have a FIFTEEN (15) DAY default clause; and
said note shall permit the makers the right to anticipate any
and all payments due under the note without penalty.
This Bond for Deed is conditioned upon the Buyers' ability to obtain
the necessary Town approval to maintain and operate a kennel on the
above described premises . The Buyers agree to make reasonable
effort to obtain such approval. ,
In the event that the Buyers are unable to obtain such approval
after having made such reasonable effort to obtain the same, this
Bond for Deed shall be null and void and one-half (1/2) of the
deposit paid hereunder shall be returned to the Buyers . The Buyers
agree that in the event that this Bond for Deed is voided, the
remaining $500.00 will be retained by the Sellers as consideration
for taking the said premises off the market. In addition to that,
the Buyers will pay the Sellers-', reasonable attorney' s fee in all
matters pertaining to this transfer.
The Buyers warrant that no real estate agent has induced them to
purchase the subject premises.
And it is further agreed that if the said Buyers
shall fail to make the several payments, or any of
them as herein before stated, t hey shall forfeit all claims to the premises described herein, and all moneys
paid in pursuance of this agreement.
�n 0ii nu1 ung 104mof, we have hereunto set our hands and seals, and to a duplicate
instrument of the same tenor and date, at South Windsor , Connecticut
on the day and year first above mentioned.
Signed,Sealed and Delivered in presence of
ABRAHAM R. PATRIA, Seller
Vic,;;
{'LIZA13ETH AHERN PATRIA, Seller ��,•,M,.:;,,¢�
P' t1R1 -'h J McHUGH, 3uyer
DAVID R. B P.NETT, Buyer
BB. South Windsor
TountU Of HARTFORD January A. D. 19 8 0
Personally Appeared Abraham R. Patria, Elizabeth Ahern Patria, Patrick J.
McHugh and David R. Burnett
M
Signers and Sealers of the foregoing Instrument,and acknowledged the same to be their
free act and deed before me.
EDWARD R. KUEI1N
}�!!X
Conintist4uncr of tier. Superior Cour/
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