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HomeMy WebLinkAboutVariance (453) Fee ? . APPLICATION FOR Receipt No. TOVN OF SOUTH iINDSOE ZONING BOARD OF APPEALS INMTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL ITEM MUST BE ANSWERED AND ALL SUPPLMMTS ?UST BE SURCETTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. - The application and supplements must be filed in duplicate:. - The application must be typewritten or printed in ink. - A Class D or better survey of the property in question must be submitted with the application showing streets, lot lines, building lines, zone boundary lines, dimensions, and buildings present or proposed, and buildings on adjacent properties and distance from subject property. - If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. - The sign from the Planning Department must be displayed on the property at least 10 days prior to the public hearing in a location visible from all abutting streets. - The applicant, or a representative, must be present for the public hearing. The time, date and place of the hearing will be advised by mail. - Inquiries on this application may be directed to the Planning Department at the South Windsor Town Hall. J APPLICANT: ✓ a �< C) MAILING ADDRESS Cc�� n ��r/ i.,i v ��_,i� w;�l Jc�f� �� �r G c 7� OWNER OF RECORD OF PROPERTY IN QUESTION -4 F // LOCATION OF PROPERTY IN QUESTIONab ZONE OF PROPERTY IN QUESTION CHECK ONE OF THE FOLLOWING: ry, Request Variance to Section �� of the Zoning Regulations to allow �j A-&4L efk «�, f�i��l '/� /ti7 ?'✓ G�1�v ��c czil/�7r �f�� =���1�1/yJr�7 Dor state hearing under Section of the General Statutes for aor temporary and conditional permit for aor an appeal from the Zoning Officer's decision involving Is applicant a corporation or co-partnership?_ CORPORATION (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . PRESIDENT-DUK CHOI; SECRETARY-KYUNG CHOI LESSEE Is the applicant owner, lessee, or prospective tenant? Are there any liquor outlets within the restricted area? N/A (If yes, submit a list of the liquor outlets, their locations and distances from the property in question) . . Is this property within 500 feet of another town line? NO State clearly the unusual hardship or exceptional difficulty that prompts this application and indicate why other options are unacceptable. (Use a separate sheet of paper if necessary). �/ n 1rI /Vs' Wr «o-c� ram P4� Q'_ C 0 or �l/•n/T �X� V c%a a, Psi/ / / r� ' /4��n r �cK /7,t C/ !� lYry C'k CeP7i.*9( f�c< b/�l�i?f�n 7' i/7 -117 ,l' C Lime ( q•/Y -zJ • .�r( �fio. �i4r c e r�z � �/iJ:r 6us.�ass 7�r � �Qas/ Cpi /72S ;'7 V PS/P� �gU`1/a/l�f G Ct/�'�O//a r/S /l 6 5,&10 e,-7 � Z4?4 C-h �Jn�+��( �P ronh� �/`J/�/✓�L�y ex /'F/!/i�P 7y ✓rle�P /Kr l/7oi 1-- Gr1716e Po'7 rac 1:L51) _ / lar�feX—y-�U�l�tTi l/die /�/Pli, Z000 ,ne� iSy✓��r/�calri t hr /��/ 1FosP. -%e Cy'Yll�{�/7s /f7�/ G..io'L(�cl'" �a u C /��d'�'�'10/t'c� /f2.e /�✓cr�ii 4. A ri/r7 S GSf//1 ASS /h ct/i �'C Z c y/e• /T 4 v P .b P c.'/�// /�� �,c et A- C s "?L// oOrP7 n�cr� /rrlQQCf r7L �P�r�r./ 6( -7C/"A''). Dated this 11 daf y/of JANUARY Year 1990 Telephone ; 644-2671 APPLICANT: GCt C eCL �` 6 r �,T.,ce �,✓ o v Cs �� ,f d'- 06,640 (S natur 7Y Z-76 Y3 OWNER: (Signs e) ACTION OF THE BOARD GRANTED-AS It ecc DENIED Tle . . . . . . . .� .�. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . .fir. '. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tOMM +t4 O � 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 soR.00 AREA CODE 203/644-2511 February 8, 1990 C E R T I F E I D M A T T. Mr . Duk Choi 32 Cornfield Dr . South Windsor, Ct 06074 RE : ZBA Application #1529-90 - Dry Cleaning Establishment 465 Buckland Rd . Dear Mr . Choi : At the meeting of the Zoning Board of Appeals held on February 1, 1990, a variance was granted to Section 4 . 4 . 2 of the Zoning Regulations to allow a dry cleaning business on property located at 465 Buckland Rd . , South Windsor , in a RC Zone . The board noted the hardship being that the town was in error five years ago in giving you a Certificate of Occupancy without realizing that this business was not a permitted use in a RC Zone . The board also felt you had acted in good faith and was always up front with what type of business you would have there . This action is effective upon your filing of the enclosed form in the Town Clerk's office at your own expense. Very truly yours, Robert Warren Chairman Zoning Board of Appeals RW :dlb Enclosure CC: Atty Lawrence Bates I Robert Warren, Chairman , , of the South Windsor Zoning Board of Appeals , hereby certify that on nebruary 1, 1990 the Zoning Board of Appeals granted to Duk Choi, 32 Cornfield Dr. , South Windsor, a variance to Section 4 , 4,E of the Zoning Regulations to allow a dry cleaning business on premises located at 465 Buckland Rd. , South Windsor and more particularly bounded and described as follows : Beginning at a' point in the westerly line of Buckland Road at the intersection of• the street line and a line designated as N 790-56'-11" W; thence proceeding westerly along said line a _ distance :of '400 , feet to a point] thence southwesterly along the line 6 400-46'-03." W a distance of 241.44 feet to an iron pins : thence northwesterly along the line N 450 -05 '-02" W a distance of 248.91, feet to an iron pins thence westerly along the line S 88°--l4'-l6" W a distance of 118.47 feet to an iron pin; thence �L�,� northeasterly along the line N 32°--071M55" E a distance of 'i260:31 feet^'to a points thence continuing northeasterly along 3therline N 31°-52'-49" E a distance of 32D.16 Feet to a merestone; thence easterly along the line S 800--421-21" E a ` dist'ance 'of%'631.91 feet to the intersection of said line with the westerly street line of Buckland Road; thence is a southerly direction" along said westerly street line to the point and place -of beginning. OWNER OF RECORD: John Samsel Jr. Dated at South Windsor, Connecticut this 8th day of February 19 90 'OR A0.4 wGv'vk� ZONINGAP F APPULS PUBLIC ACT # 75-317 Received for Record this day of 19 at ATTEST: TOWN CLERK au� OQ 4ices 4 ,,�2awrence 90. &3ates, G�)r. 176 (Vail (Z�tzeet CP.O. 03ox 488 1Daventzy, Wonnerlicul 06238 ,Zawrenee 90. Oates, O)z. (203) 742-7695 o,�lso admitted to wine Oar Robert Warren Chairman 7,BA 1540 Sullivan Ave South Windsor , CT 06074 February 10, 1990 Re : Buckland Cleaners #1529-90 ')ear Mr . Warren , Thank you for your letter of February 8 , 1990 indicating that the 7BA granted Mr . Choi ' s application for a variance for a dry cleaning establishment in an RC zone at 465 Buckland Rd . I wanted to express my personal thanks for the professional way the application was handled . It was very rewarding to see Mr . Choi ' s honest , up front wav of doing business reciprocated in an era of protect myself at all costs attitudes . Yours truly , awrence I,% Bates, Jr . LW Vrab into the Plum Gully Brook, at a point on the downstream end of the site. There was no evidence of leaks or spills from the oil tank on the date of the TRC inspection. A dry cleaning establishment is located at 465 Buckland Road. On the day of the TRC inspection, a closed 10-gallon container of waste perchloroethylene (a solvent used in the dry cleaning process) was observed on the steps of the rear entrance. The area around the stored waste was inspected. There were no signs of staining, leaks or spills, to indicate a release of material. According to Mr. Samsel, the waste material has since been moved to an inside, locked mechanical room for storage. Uniform Hazardous Waste Manifest forms dated from 11/4/85 to 12/8/89 were reviewed, indicating approximately 140 to 200 gallons of waste being removed off-site approximately every three or four weeks for recycling by a licensed waste contractor. With the exception of the above-mentioned building, there was no evidence of oil and/or hazardous materials being treated, stored, disposed, processed or generated at the subject site, or in the areas immediately surrounding the site. All of the buildings on the site are serviced by city water and city sewer. On January 9, 1990, a petroleum sheen was observed on the brook that intersects the subject • site. The source of this sheen could not be determined, but its origin was apparently from an off-site source to the east of Buckland Road and upstream of the subject site. Based on surface topography, which typically reflects ground water flow beneath the site, the general direction of ground water flow is estimated to be to the northwest toward Plum Gully Brook on the southern portion of the site, and to the south on the northern portion of the site, also toward Plum Gully Brook. The actual direction of ground water flow may be influenced by local geology and the presence, if any, of subsurface structures. -6- TIC 4.2.2 Public Water Supply Based on the Public Water Supply Sources and Drainage Basins of Connecticut (DEP Bulletin No. 4) , there are no public water supply sources within a one mile radius of the subject site. 4.2.3 Hazardous Waste Division There are no hazardous waste sites within a one mile radius of the subject site listed in the CTDEP Inventory of Hazardous Waste Sites in Connecticut and Recommendation for Continuing Action (a report to the Environmental Committee of the Connecticut General Assembly, January 1987) . This inventory includes all sites in Connecticut which are listed on the EPA CERCLIS list. Files in the Hazardous Waste Division contained EPA documentation that Buckland Cleaners, located at 465 Buckland Road, is a small quantity generator of hazardous waste, namely perchloroethylene. Copies of the CTDEP uniform hazardous waste manifest forms were in the files. The files contained no record of any incidents, viol ations, or pending actions at the subject site or at any properties in the immediate vicinity. 4.2.4 Water Compliance Unit The files in the Water Compliance Unit contained no records of any incidents, violations, or pending actions at the subject site or any properties in the immediate vicinity. 4.2.5 Oil and Chemical Spills Unit The files in the Oil and Chemical 'Spills Unit contained a record of a spill consisting of 50 gallons of hydraulic fluid into the Plum Gully Brook at 419-490 Buckland Road on July 16, 1985. On-site personnel indicated that the -9- TVC Deming Street in the Town of South Windsor is an "establishment", as defined in Section 22a-134 of the Connecticut General Statutes, due to the operation of a dry cleaning facility on the site. Therefore, this property would be subject to the filing requirements of this section in the event of a property transfer. The results of the site inspection and background investigation identified ' two possible areas of concern. Improper storage of a small (10-gallon) ' container of solvent-containing waste was observed on the exterior of the dry cleaning facility on the date of the TRC inspection. If this were an ongoing ' practice, there would be a potential for significant spillage or releases. However, based on observations made by the TRC inspector and conversations Iwith on-site personnel, the likelihood of a significant release is considered minimal, and TRC considers it unlikely that the site has been environmentally ' impacted from this area. The second possible item of concern involves the ' above ground home heating oil tank located on the basement at 479 Buckland Road. The tank is not equipped with secondary containment, thus a spill or ' leak could conceivably drain into the sump pump and be transported to the Plum Gully Brook via the storm water drain. However, although an incident of this ' nature could lead to off-site contamination, the potential for on-site residual contamination from this source is considered minimal. Based on the results of this assessment, TRC does not recommend further Isite investigation at this time. Information used in this report regarding operations, conditions, and test ' data has been obtained in part from company personnel, its employees or agents and various governmental officials and document, and has been assumed by TRC I to be correct and complete. Since this information is subject to professional interpretation, it could result in differing conclusions. I -11- T?C