HomeMy WebLinkAboutSpecial Exception (13) TOWN OF SOUTH WINDSOR
PLANNING & ZONING COMMISSION
APPLICATION FOR E C #
Application No: t -
Official Receipt Date:
Receipt No: 30' ,
APPLICANT: B&M Enterprise Jnc. --�--w-
MHOSOR
ADDRESS:
P.O. Box 1060, South Windsor,CT 06074 °gig `' '
OWNER OF RECORD ON LAND RECORDS: Bancroft Brook, LLC
ADDRESS: c/o Ctmmtings & Lanza, 1610 Ellington Road, South Windsor, CT 06074
COMPLETE LOCATION OF PROPERTY: North side of Strong Road, west of Route 5
ASSESSOR'S MAP # 96 PARCEL # 11 ZONE A-40
NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED:
Peter R. DeMallie,Design Professionals,Inc , 165 S. Satellite Road
South Windsor,CT 06074 (860) 291-8755 Fax 291-8757
THIS APPLICATION IS FOR: (Check all that apply):
❑ Zone Change to (Public Hearing required and Certified letter to abutters required)
❑ Subdivision/Resubdivision ❑ Open.Space Subdivision (Public Hearing Required)
❑ Subdivision ❑ Minor ❑ Major
Resubdivision (Public Hearing Required) ®Minor ❑ Major
❑ Conditional Approval
Special Exception to Article 4.6.1<_a (Public Hearing, Certified letter to abutters required)
❑ Site Plan of Development . (one interior lot)
❑ General Plan of Development
❑ Earth Filling (Sec. 15) and/or Earth Removal (Sec. 14 - Public Hearing required)
❑ Regulation Amendment: ❑ Zoning ❑ Subdivision (Attach proposed amendment)
Temporary and Conditional Permit for
❑ Major Home Occupation for
❑ Other (explain in detail)
An Application Pending sign is required to be posted on the property for all applications ten (10) days
prior to being heard by the Co ssion.
ignature of App icant Signat re of Property O
(See reverse side for additional information)
STANDARD APPROVAL MODIFICATIONS FOR
SUBDIVISIONS & RESUBDIVISIONS
PROJECT ' , , 't cv- 'a'- APPL # �P`6 ?I0
ARCHITECT/ENGR PROD #
X1. This approval is for , lots, numbered
❑ 2. Concrete sidewalks, built to Town specifications, shall be installed on (one)
(both) side (s) of all new streets.
�k& Drainage and construction for this subdivision is subject to the approval of
the Town Engineer.
*4. All lots shall be serviced by the Town of South Windsor sanitary sewer system
and are subject to the approval of the Water Pollution Control Authority.
5. Water shall be supplied to this subdivision by PA C(-v w ` e,(,—
❑ 6. Street lighting shall be installed on streets, at intersections, and on cul-de-
sacs in accordance with the policy established by the Chief of Police. Street
lighting is to be coordinated with the Chief of Police.
❑ 7. Street names and locations of fire hydrants are subject to the approval of the
Fire Marshal of the Town of South Windsor. Street names and supporting
posts shall be installed by the developer in conformance with the standards of
the Town of South Windsor, at no expense to the Town.
❑ 8. A liability insurance policy shall be submitted to this commission naming the
Town of South Windsor as an insured, with a combined single limit for bodily
injury and/or property damage in the amount of$1,000,000.
❑ 9. This application is subject to the conditions of approval of the Inland
Wetlands Agency/Conservation Commission, including a bond in the amount
of$
❑ 10. Prior to commencement of any site work, a preconstruction meeting must be
held with Town Staff.
11. All plans used in the field by the developer must bear the stamp and
authorized signature of the Town of South Windsor.
❑ 12. In accordance with Section 4.C.Lc of the Subdivision Regulations, a fee in
lieu of open space is required. The fee will be ten percent of the fair market
value of the property prior to subdivision approval. This fee is payable on a
per-lot basis at the time of initial conveyance of each lot. The applicant must
provide, with the Commission's agreement, an appraiser to determine the fair
market value.
(conditional approval only)
❑ 13. This conditional approval allows the subdivider to proceed with construction,
maintenance, and installation of improvements and utilities in accordance
with the approved subdivision_plan and applicable regulations of the Town in
lieu of posting subdivision surety. This approval does not allow the applicant
to sell or offer for sale any lot within this subdivision under this conditional
approval. Final approval must be obtained from this Commission, per
Chapter 3.D.1 of the subdivision regulations, prior to selling or offering for
sale any lot within this subdivision.
❑ 14. This conditional approval is valid for three years from the date of approval
and shall expire on
(final approval only)
15. All easements for conservation purposes, drainage or utilities, that may be
required in connection with the approval of this subdivision, must be
submitted on standard Town easement form where appropriate, to this
Commission prior to filing the mylars and issuance of building permits. All
deeds for open space, public improvements and roadways must be submitted
prior to request for Town acceptance; all deeds must be in accordance with
the policy for accepting deeds and must be approved by the Engineering
.Department and Town Attorney.
X16. Footing drains are required for each house. Prior to the building of any
structure on a lot, a topographic map, drawn to a scale of 1" = 40', shall be
submitted for each lot in the subdivision, showing proposed contours,
elevations and the location of the footing drains. No building permits will be
issued until the proposed contours, floor elevations and location of footing
drains have been approved by the Town Engineer.
17. If, for any reason, finished grading and other individual lot site work is not
completed, the Town Engineer shall determine the amount of a cash bond to
ensure final grading and site work. This cash bond must be submitted prior
to issuance of a Certificate of Occupancy.
18. Quantity estimates must be submitted to the Town Engineer (on the enclosed
form) for the purpose of determining subdivision bonding, and all bonds shall
be posted prior to filing the plans.
19. A drainage assessment fee in the amount of($66=4ats) shall be submitted to
this Commission.
�20. No building permits will be issued until all modifications have been complied
with, and the final plans have been filed in the Town Clerk's office.
(all approvals)
Black and white transparent mylars of Sheets # .S� with the above
modifications, together with three blueprint copies of the entire set of plans
(including architectural elevations) must be submitted to this Commission within 30
days to be stamped and signed. The letters of approval of this Commission, as well
as the Inland Wetlands Agency/Conservation Commission, must be reproduced on
the mylars.
After mylars have been signed by the Commission, they will be returned to you for
filing in the Office of the Town Clerk by . After filing these plans, a
copy of the receipt must be submitted to the Planning Department.
South • •
Planning
Department
Memo
To: Peter DeMallie
From: Marcia Banach
Date: 01/06/99
Re: Application#98-67P, B&M Interior Lot
Planning Department Review Comments
1. Zoning data table for the interior lot reflects conventional lot requirements, not interior lot
requirements
2. Cross-travel easement needed for interior lot to use Shady Brook private drive.
•Page 1
B & M INTERIOR LOT--PH 1-12-99
1. Request for approval of a Special Exception for an interior lot and subdivision for property
located on the north side of Strong Road, A-40 zone. The proposed interior lot is approx. 2.7
acres.
2. The requirement for an interior lot in this zone is 80,000 square feet minimum lot size and
225 feet minimum lot width. The proposed interior lot is 300 feet in width. It appears that all
zoning requirements have been met.
3. Access to the interior lot is proposed off of the new road in Shady Brook SRD. The applicant
will need to show an easement across Shady Brook property to access the new lot.
4. The new lot will be serviced by public sewer and public water. WPCA approval is required.
5. There are regulated wetlands on the interior lot,however, IWA/CC approval is not required
since the wetlands are not being disturbed. There is no 100-year floodplain.
6. The criteria for approval of interior lots include:
a. The proposed interior lot shall be deemed to accomplish the best use of the subject
land and shall be justified by the subject area's boundary configurations, topography,
soils or other natural resource characteristics;
b. Aesthetics;
c. proximity to neighboring properties and dwelling units;
d. restriction of existing views;
e. proposed buffering/screening;
f. potential drainage, traffic & environmental impacts
g. driveway locations, slopes & sight lines
h. utility service capabilities
i. property value impacts; and
j. future land use alternatives.
6. The existing property is a wooded lot. The plans indicate that most of the trees will be saved
in the field with the construction of the new house.
If this application is approved, the Planning Dept. requests that th to
refle.,ti�.�c;
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s 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR-CO AREA CODE 860/644-2511
February 26, 1999
CERTIFIED MAIL
Mr. Peter DeMallie
Design Professionals, Inc.
165 South Satellite Rd.
South Windsor, CT 06074
Dear Mr. DeMallie:
Re: Appl #98-67P, B & M Enterprises
We are pleased to advise you that the Planning & Zoning Commission voted on
February 16, 1999, to approve with modifications application #98-67P, Subdivision on
2.7 acres to create one lot to be known as "B & M Interior Lot" on property located on
the north side of Strong Rd., A-40 zone as shown on plans prepared by Design
Professionals, dated 10/7/98 as revised. This approval is subject to the following
modifications:
1. This approval is for 1 lot, numbered 2.
2. Drainage and construction for this subdivision is subject to the approval of the
Town Engineer.
3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and
are subject to the approval of the Water Pollution Control Authority.
4. Water shall be supplied to this subdivision by public water.
5. All plans used in the field by the developer must bear the stamp and authorized
signature of the Town of South Windsor.
6. All easements for conservation purposes, drainage or utilities, that may be
required in connection with the approval of this subdivision, must be submitted
on standard Town easement form where appropriate, to this Commission prior to
filing the mylars and issuance of building permits. All deeds for open space,
public improvements and roadways must be submitted prior to request for Town
acceptance; all deeds must be in accordance with the policy for accepting deeds
and must be approved by the Engineering Department and Town Attorney.
7. Footing drains are required for each house. Prior to the building of any structure
on a lot, a topographic map, drawn to a scale of 1" = 40', shall be submitted for
each lot in the subdivision, showing proposed contours, elevations and the
location of the footing drains. No building permits will be issued until the
proposed contours, floor elevations and location of footing drains have been
approved by the Town Engineer.
8. If, for any reason, finished grading and other individual lot site work is not
completed, the Town Engineer shall determine the amount of a cash bond to
ensure final grading and site work. This cash bond must be submitted prior to
issuance of a Certificate of Occupancy.
9.. Quantity estimates must be submitted to the Town Engineer (on the enclosed
form) for the purpose of determining subdivision bonding, and all bonds shall be
posted prior to filing the plans.
10. A drainage assessment fee in the amount of$50 shall be submitted to this
Commission.
11. No buildingpermits will be issued until all
P modifications have been complied with,
and the final plans have been filed in the Town Clerk's office.
12. All references to "Parcel A" should be modified to "Lot 2".
Black and white transparent mylars of Sheets # 4 and 5 with the above modifications,
together with three blueprint copies of the entire set of plans (including architectural
elevations) must be submitted to this Commission within 30 days to be stamped and
signed. The letters of approval of this Commission, as well as the Inland Wetlands
Agency/Conservation Commission, must be reproduced on the mylars.
After mylars have been signed by the Commission, they will be returned to you for
filing in the Office of the Town Clerk by May 21, 1999. After filing these plans, a copy
of the receipt must be submitted to the Planning Department.
Very truly yours,
PLANNING 8y ZONING COMMISSION
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Frank A. Castro, Chairman
FAC/dlw
Enclosure
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C E I V E D
t0AR 1999
CITATION e a
TO THE SHERIFF OF THE COUNTY OF HARTFORD OR HIS DEPUTY WITHIN SAID
COUNTY, GREETING:
BY AUTHORITY OF THE STATE OF CONNECTICUT, you are hereby commanded to
summon the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH
o WINDSOR in the County of Hartford and State of Connecticut to appear before the Superior
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Court for the Judicial District of Hartford, to be held at 95 Washington Street, Hartford,
J4 Connecticut, on 10:00 o'clock in the forenoon, on March 23, 1999, said appearance to be made
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a its attorney by, entering a written statement of appearance with the Clerk of said Court on or
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before the second day following the return day, then and there to answer unto the following
U complaint and appeal of BANCROFT BROOK, L.L.C., a Connecticut Limited Liability Company
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o S with an office at 102 Lakewood Circle, Manchester, Connecticut 06040 and B &M
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S o ENTERPRISES, INC. a Connecticut Corporation with a place of business at 26 Pond Lane,
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South Windsor, Connecticut 06074 by leaving with or at the usual place of abode of the
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Chairman of the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH
WINDSOR, Frank Castro, 120 Murielle Drive, South Windsor, Connecticut 05074, and with
the Town Clerk of the Town of South Windsor, a true and attested copy of the complaint and
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appeal and of this citation and summons at least twelve days before the return day, in the manner
provided by law for the service of civil process. I hereby certify that I have personal
knowledge of the financial responsibility of the Plaintiffs and deem it sufficient to pay the cost of
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this action.
Hereof fail not but of this writ with your doings thereon, make due service and return.
g Dated at South Windsor, Connecticut, this 2nd days f March, 19
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AB AA HAM GLASSMAN
DEPUTY SHERIFF.HTFO.COUNTY
(OW)644-2120
RETURN DATE: MARCH 23, 1999 SUPERIOR COURT
BANCROFT BROOK, L.L.C..
AND B &M ENTERPRISES, INC. J. D. OF HARTFORD
VS.
PLANNING AND ZONING COMMISSION,
TOWN OF SOUTH WINDSOR MARCH 2, 1999
APPEAL
TO THE SUPERIOR COURT OF JUDICIAL DISTRICT OF HARTFORD TO BE HELD
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N q AT 95 WASHINGTON STREET,HARTFORD, CONNECTICUT, ON MARCH 23, 1999, comes
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c BANCROFT BROOK L. L. C. of 102 Lakewood Circle , Manchester, Connecticut, 06040 and B '
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Z o &M ENTERPRISES, INC. 26 Pond Lane, South Windsor, Connecticut 06074 appealing from
the denial of an application for a special exception for a Senior Residence District, subdivision andLU
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8 site plan and the Plaintiff's complain and say:
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° 1. Plaintiff BROOK, L.L.C., is a Connecticut Limited Liability Company
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and is the owner of a piece or parcel of land approximately 9.11 acres in size, located Northerly of
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W Strong Road and Easterly of Main Street in the Town of South Windsor.
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2. The Plaintiff, B &M ENTERPRISES, INC., is a Connecticut Corporation, and has an
interest in the premises referenced in Paragraph 1 above, pursuant to a certain Option Agreement
between BANCROFT BROOK, L.L.C. and B & M ENTERPRISES, INC. dated June 1, 1998.
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Pursuant to the terms of said Option Agreement, the Plaintiff B &BM ENTERPRISES, INC. has
the continuing right, at its option, to purchase the premises upon terms as more fully set forth in said
Option Agreement. The right of &M ENTERPRISES, INC. to purchase said premises continues
in full force and legal effect.
3. On or about October 7, 1998, the Plaintiff submitted an application for a re-subdivision,
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site plan of approval and special exception for a Senior Resident Development pursuant to Section
d A 4.3.11 of the South Windsor Zoning Regulations in order to construct 20 senior residence dwellings
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Plaintiff's land is in a residential district, zoned A-40.
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SOUTH WINDSOR, hereinafter called the "Commission" is the agency empowered under the
U8 General Statutes to perform the functions of a Zoning and Planning Commission pursuant to
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o Chapters 124 and 126 of the General Statutes. The Commission has the authority to approve
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Plaintiffs' application for subdivision, site plan and special exception for a Senior Residence
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Commission is acting in an administrative capacity.
5. On or about November 18, 1998, the Commission commenced a public hearing on the
Plaintiffs' application. The public hearing was continued to January 12, 1999 and concluded on that
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date.
6. At its meeting on February 16, 1999, the Commission voted to deny the Plaintiff's
application for a Senior Residence District and site plan of approval.
7. The Commission's denial of the application on February 16, 1999, was a final action. The
Commission published the notice of its denial in The Journal Inquirer newspaper on Saturday, I
February 20, 1999.
8. The Commission gave four reasons for its denial:
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N a. Serious reservations about siting a high density development directly adjacent to an
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zindustrial zone.
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c. The site was not within reasonable proximity to community facilities or amenities which
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serve the needs of elderly residents.
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3 ° d. The proposed density is too high for the site.
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a: 9. The Commission's reasons for denying the Plaintiffs application were arbitrary, capricious
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Plaintiff's application.
10. The Plaintiffs are aggrieved by the Commission's decision, both as the present owner of
the property and as the prospective owner of the premises.
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' illegally, arbitraril and in
11. In denying the Plaintiffs application, the Commission acted y
abuse of the discretion vested in it by law as an administrative agency in that:
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a)the Commission's decision was unsupported by the evidence of the record;
b)the reasons given for the denial were inadequate, improper and unsupported by the
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record;
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c) the Commission failed to grant the application even though the application fully
c; A complied with the applicable subdivision and zoning regulations;
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N d)the Commission considered or based its decision on factors and/or criteria beyond
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Z 0 e) The Commission violated the provisions of the Federal Fair Housing Act 42 USCS
Section 3601, at et seq. in arbitrarily denying,without just cause, the Plaintiff's application to provide
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" 8 x housing for elderly, disabled and handicapped citizens. The Commission failed to make an
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ga appropriate accommodation for Plaintiffs' application which would have provided housing for 20 or
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more senior, elderly citizens, including handicapped and disabled elderly citizens.
fj the Commission's action unfairly deprived the Plaintiffs of the lawful use of their
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property and violated their due process rights pursuant to the 14th Amendment to the United States
Constitution and under Article One of the Connecticut Constitution. Under the above circumstance,
the Commission's action constituted an unlawful taking of the Plaintiff's property.
g) the application conformed to the subdivision and zoning regulations;
h)the Commission improperly interpreted its own regulations.
WHEREFORE, THE PLAINTIFF PRAYS THAT:
1. The appeal be sustained and the decision of the Commission be set aside.
2. The Court approve the Plaintiffs' application and/or order the Commission to
approve the Plaintiff s application .
3. Such other relief as may be allowed, both in law or equity. i
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M DATED at South Windsor, Connecticut, this 2nd day of March, 1999.
PLAINT S: B &M ENTERPRISES, INC.
BANC T BR O C..
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Please enter the appearance of
Cummings, Lanza and Purnhagen L.L.C.
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P. O. Box 667
09 South Ny dsor, CT 06074
o Tele on : (860) 64�3473
0 7uris/ u ber: 10
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ssioner of the Superior Court.
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RETURN DATE: MARCH 23, 1999 SUPERIOR COURT
BANCROFT BROOK, L.L.C.
AND B &M ENTERPRISES, INC. J. D. OF HARTFORD
vs.
PLANNING AND ZONING COMMISSION,
g TOWN OF SOUTH WINDSOR MARCH 2, 1999
RECOGNIZANCE WITH SURETY i
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You, B & M ENTERPRISES, INC. , of South Windsor, Connecticut, as principal, and
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g BRIAN EDWARDS of South Windsor, Connecticut, as Surety, acknowledge yourselves jointly and
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U) X severally bound to the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH
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WINDSOR,Defendant in this action, in a recognizance of$500.00 that the Plaintiffs in action shall
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o S COMMISSION OF THE TOWN OF SOUTH WINDSOR, brought to the Superior Court for the
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Judicial District of Hartford, on March 23, 1999, and that the Plaintiffs shall comply with the orders
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in such case.
Taken and acknowledged at South Windsor, Connecti t, on the 2n day of March, 1999,
before me, a Commissioner of the Superior Court. �f7
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issioner of the Superior Court
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RETURN DATE: MARCH 23, 1999 SUPERIOR COURT
BANCROFT BROOK, L.L.C.
AND B &M ENTERPRISES, INC. J. D. OF HARTFORD
VS.
PLANNING AND ZONING COMMISSION,
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BOND
N Know all men by these presents that we, B &M ENTERPRISES, INC. of South Windsor,
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o as surety, are held and stand firmly bound and obliged,jointly and severally, unto the PLANNING
AND ZONING COMMISSION OF THE TOWN OF SOUTH WINDSOR in the sum of$500.00
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3 o WINDSOR or its attorney, and we hereby bind ourselves, our heirs, executors and administrators
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to such payment by these presents.
w The condition of this obligation is such that whereas the above bound principal has appealed,
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from an order of the PLANNING AND ZONING COMMISSION OF THE TOWN OF SOUTH
WINDSOR dated February 16, 1999, which denied the application of B & M ENTERPRISES,
INC. And BANCROFT BROOK, L.L.C. for Senior Residence Development and other approvals
as set forth in said application, to the Superior Court for the Judicial District of Hartford, on March
2 1999.
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Now therefore, if the principal shall prosecute this appeal to conclusion, comply with the
orders of the court, and shall pay all costs if it fails to sustain such appeal then this bond shall be void,
otherwise to remain in full force and effect.
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Dated at South Windsor, Connecticut, on March 2, 1999.
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PRINCIPAL:
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Bria Edwards, 'resident
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