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Zone Change (51)
TOWN OFF SOUTH WINDSOR PLANNING&ZONING CONWISSION APPLICATION FORM Application No: (50 — 7 P �f ' Official Receipt Date: Receipt No: APPLICANT: RONALD GIANNAMORE ADDRESS: 87 Rosemary Lane, South Windsor, CT 06074 OWNER OF RECORD ON LAND RECORDS: Ronald Giannamore AUG 24 2NO! ADDRESS: 87 Rosemary Lane, South Windsor, CT 06074 e COMPLETE LOCATION OF PROPERTY: 2092 John Fitch Boulevard ASSESSOR'S MAP# 142 PARCEL # 3 ZONE '�O— .4 NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOUT.T! UE` rZlnnyn�rWn. vaa/L. Solomon Kerensk Esq. , Kahan Kerenskv & Ca ossela LLP 45 Hartford Turn ike P. O. .Box K, Verno.t, CT 06066 Tel. No. 860) 646-1974 Fax No. 860 647-8302 THIS APPLICATION IS FOR: (Check all that apply): a Zone Change to RC (Public Hearing required and Certified letter to abutters required) El Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) ❑ Subdivision ❑Minor ❑-Major ❑ Resubdivision (Public Hearing Required) ❑Minor ❑ Major ❑ Conditional Approval ❑ Special Exception to Article (Public Hearing, Certified letter to abutters required) ❑ Site Plan of Development ❑ 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 Commission. Wignaturepplicant` Signature of Property Owner (See reverse side for additional information) FINDING OF FACTS It is our opinion that the request for a zone change for the property known as 2092 John Fitch Boulevard from Residence A-20 to Restricted Commercial Zone should be approved for the following reasons: 1. Provide a zoning designation that is more appropriate to the existing commercial zoning that currently borders the property to the north, southeast, and east; 2. Provide a consistent zoning designation on the subject parcel itself, which is currently 45% commercial zone and 55% residential zone; 3. Establish an appropriate transition at Scantic Road of the commercial zoning to the immediate north that would preserve residential property values to the south and east; 4. Allow development in a manner consistent with other development both in South Windsor and East Windsor on both sides of John Fitch Boulevard; 5. Although the size of the subject property is relatively small, this is not an issue of "spot zoning" since the use and zoning classification of this property would be entirely consistent with the zoning to the north and east which is a much larger area; 6. The small size of this parcel would allow only a restricted amount of development, which would have no detrimental impact on the residential areas to the south and east and would result in a minimal increase in development on the overall area; and 7. The current use as a single-family dwelling is not compatible with the immediate contiguous commercial property to the north. STATEMENT OF QUALIFICATIONS ALAN F. LAMSON Professional Registration Charter Member, American Institute of Certified Planners and Affiliations: Member, Connecticut Chapter, American Planning Association Registered Architect in: Connecticut New Hampshire Maine Vermont New York Certificate Holder, National Council of Architectural Registration Boards - Member, American Institute of Architects Member, Connecticut Society of Architects Associate Member, Building Official and Code Administration Vice President, Community Affairs, Greater Manchester Chamber of Commerce, 1989-present Town of Manchester, Board of Code Appeals, 1994-present Cheney Hall Foundation, Board of Directors, 1983-1994 Education: Bachelor of Science in Building Science Rensselaer Polytechnic Institute, 1966 Bachelor of Architecture Rensselaer Polytechnic Institute, 1967 Master of Public Administration (Planning) University of Hartford, 1981 Professional Experience: 1984 - present Partner: Frazier Lamson & Budlong, P.C. Architecture and Planning East Hartford, CT 1977 - 1984 Director of Planning and Economic Development Town of Manchester, CT 1975 - 1977 Technical Planning Assistant Town of Manchester, CT 1972 - 1975 Architect: Frazier & Vigneau, Architects East Hartford, CT 1971 - 1972 Architectural Designer: Lawrence Associates Manchester, CT Alan Lamson (continued) 1968 - 1971 Lieutenant Commander, U.S. Coast Guard Engineering Division, Fifth Coast Guard District Portsmouth, VA 1967 - 1968 Senior Architectural Draftsman Jackson & Moreland International, Inc. Boston, MA Writing and Publications: "The Effects of Government Regulation and Financing Costs on the Production of Affordable Single Family Housing", 1980 "Plan of Development, Manchester, Connecticut", 1984 Community Activities: Manchester Memorial Hospital, Incorporator Silk City Barbershop Chorus, Music Vice President and Past President Jaycees, Life Member, Past President Second Congregational Church, Council President, Board of Trustees EAST WINDSOR ZONING BY-LAWS - SECTION 8 SHOPPING & BUSINESS DISTRICTS Page 1 Muni 1 aw EAST WINDSOR ZONING BY-LAWS - SECTION 8 SHOPPING & BUSINESS DISTRICTS HARTFORD COUNTY TOWN OF EAST WINDSOR SECTION 8. SHOPPING & BUSINESS DISTRICTS 49.A. PORMITTED USES IN SHOPPIX6 ZONE EU'8TNMS1q"1iJ In those portions of the Town so indicated on the latest approved Zoning Map, only the following uses shall be permitted. 8.1.1 Only those establishments or personal services listed in Table 2, COMMERCIAL, INDUSTRIAL, AND SPECIAL USES, as being permitted in a B-1 zone, shall be permitted. 8 1.2 A building or structure, group of buildings or structures, the major dS@ o 1 ' G= O ' zif detail itz iness` ;or the r " ' g Of personal or professional services; except junk yards or any use prohibited in an industrial zone, and no building structure, or land shall be used in whole or part for any fabricating, manufacturing, converting, finishing or assembling. Retail stores or retail services listed below shall be permitted in B-1 districts: Antiques; art supplies; banks; business or professional offices; barber, beauty parlor; books and stationery; clothing, tailoring and dressmaking; confectionery store; drugs, toilet articles; dry goods and notions; florist shop and garden supplies; furniture and interior decorating; gifts; groceries, fruits, vegetables, meats; hardware, household appliances; jewelry; music; shoes and shoe repairing; restaurants. 8.1.3 Any other use not hereinafter prohibited, which the Commission upon application and approval, shall determine to be essentially equivalent to a permitted use and is consistent with the intent of the regulations and suitable and appropriate for the B-1 zone. 8.1.4 A motor vehicle service station with repairing restricted to that permitted by the State of Connecticut Motor Vehicle Department "limited repairees license, " may be permitted as a special use on the express approval of the Planning and Zoning Commission, provided it is part of a comprehensive plan of commercial development of five or more contiguous acres; that it shall not use more than ten percent (10%) of the land area of the development, and shall be incidental to its primary use. The applicant shall submit to the Planning and Zoning Commission a comprehensive plan of development for the tract involved. No building permit shall be issued until the plan has been approved by the Commission and the service station permit shall not be issued until twenty percent (20%) of the major capital improvement has materialized. When issued, permits shall require conformance with the approved plan. In evaluating the service station, the Commission shall ascertain that: 1. The layout of pumps, buildings, and other structures is satisfactory. 2 . Entrance and exit drives do not exceed 40% of the road frontage and are clearly defined. 3. Remaining frontage is to be landscaped and protected by a 6" curb. 4. Underground tanks, are safely arranged. 5. Station has no more than 3 stalls for vehicles. Page 8-1 4. Underground tanks are safely arranged. e 'AST WINDSOR ZONING BY—LAWS — SECTION 8 SHOPPING & BUSINESS DISTRICTS Page 2 Munilaw 5. Station has no more than 3 stalls for vehicles. 6. There is to be no out-of-doors repairing. 7. There will be no traffic or fire hazard as a result of the use. 8. There will be no adverse effect on neighboring or nearby property. No certificate of occupancy shall be issued until the subject building and all related services and utilities are completed in accordance with the plan. After the applicant has received approval of the Planning and Zoning Commission, he shall make application to the Zoning Board of Appeals for approval, as required by State Statutes 14-321 and 14-322. The Zoning Board shall advise the Zoning Board of Appeals of its actions on the application at the time it notifies the applicant of its decision. 8.1.5 Alcoholic Beverages The sale or manufacture of alcoholic beverages, at wholesale or retail, for consumption either upon or off the premises, shall be permitted, as a special exception, subject only to the following restrictions: (a) No building or premises shall be used and no building shall be erected or altered which is arranged, intended or designed to be used for the sale or exchange of alcoholic beverages at retail or for consumption upon the premises if such building or premises is situated within five hundred (500) feet of any building or premises used for the purpose of public schools or a duly authorized school other than a public school, conducted for the instruction of children under 18 years of age and giving instruction at least 3 days a week for 8 or more months a year, a church, charitable institution whether supported by public or private funds, hospital, convalescent home, cemetery, library, public playground, municipal fire or police station, or municipal Town Hall. The required minimum distance shall be determined by measuring along a radius from the center of the main customer entrance of the use in question to the nearest property fine of any protected use. (b) There shall be no limitation on the type of classification of permits defined under Chapter 545 as amended of the Connecticut General Statutes. (c) Restaurant permits for the sale of beer, wine, spirituous liquors, or any combination thereof, to be consumed on the premises, only when such sales are incidental to the operation of a restaurant, hotel, motel, dinner theater, bowling alley restaurant, or private club, shall be permitted only in Business 1 and Business 2 zones. (d) Package store and druggist permits shall be permitted only in Business 1 and Business 2 zones. (e) Cafe permits shall be permitted only in Business 2 zones. (f) Wholesalers shall be permitted only in Business 2 and Industrial zones. (g) Public Hearing - Prior to the granting of any permit under this Section, except as provided in subsection (h) , a public hearing is required. In granting any permit, the Commission shall determine that the proposed permit is incidental to an approved use and that the approved use is in keeping with the general character of the area or neighborhood as it exists, or that the approved use is in keeping with the proposed development of the area or neighborhood, and the comprehensive town plan. Page 8-2 (h) Temporary liquor permits for non-profit or non-commercial organizations may be granted by the Commission without a public hearing • IEAST WINDSOR ZONING BY-LAWS - SECTION 8 SHOPPING & BUSINESS DISTRICTS Pa e 3 g Miuni1aw providing the sales are limited to no more than four (4) calendar days per year for any organization and that all other applicable zoning, building, and fire codes are met and any applicable state or local ordinances are satisfied. (i) Permit Premises - Permit Premises shall mean the area of a particular building used for the sale and/or storage of alcoholic liquor. (j) Regulations - Regulations shall mean the Zoning Regulations of the Town of East Windsor. (k) Definitions - All terminology used in this Section which is not defined in this Section or elsewhere in the East Windsor Zoning Regulations shall mean the same as defined in the Liquor Control Act of the Connecticut General Statutes. In the event of any conflict between definitions and these regulations and the Liquor Control Act, the definitions in the Liquor Control Act shall apply. 8.1.6 Residential units may be permitted above the first story in commercial buildings, by Special Permit, provided that: (a) Public sewers and water shall be provided. (b) Minimum horizontal floor areas for each residential unit shall be: - 1 bedroom unit - 650 square feet - 2 bedroom unit - 800 square feet - 3 bedroom unit - 1000 square feet - efficiency unit - 550 square feet (c) Buildings with residential units above the 2nd floor shall be equipped with elevators of sufficient size to provide for emergency medical equipment serving residential areas only. (d) All requirements relative to fire safety boxes shall be complied with. (e) Parking shall be provided in accordance with Section 10.5 of these regulations. (f) There shall be provided on the site landscaped areas with a ratio of 100 square feet of landscaped area for each residential unit. Landscaped areas required elsewhere in these regulations shall not be credited for this requirement. 8.1.6.1 The Planning & Zoning Commission may authorize only by special permit the construction of residential units in structures separate from the commercial spaces provided that: (a) The total square footage of commercial space provided is equal to at least 25% of the total square footage provided. (b) The buffer requirements established in Section 8.3 .1 will be provided between residential and commercial structures. (c) All of the requirements of Section 8A of these regulations regarding multi-family residential development shall be satisfied unless specifically waived for a particular application by a majority vote of the Commission. (d) All requirements of Section 8.1.6 are satisfied. Page 8-3 8.1.7 Day Care Centers and Nursery Schools may be permitted, under Special Permit procedures, in Business 1 and Business 2 Districts subject to the provisions of Section 2 .7 of these Regulations and the following additional standards. �FAST WINDSOR ZONING BY-LAWS - SECTION 8 SHOPPING & BUSINESS DISTRICTS Page 4 Munilaw 8.1.7.1 Day Care Centers and Nursery Schools shall be subject to the same separation standards from establishments serving alcoholic beverages as provided for public schools in Section 8.1.5 of these regulations. 8.1.7.2 Any outdoor play areas along common property lines with residential uses shall be screened with no less than a six-foot-high sight-obscuring fence or wall. 8.1.7.3 The proposed site layout plan submitted with any application shall have sufficient parking and loading spaces to allow for the safe transfer of children from vehicles to the front entrance of the use. Page 8-4 V.2 PERMIT$D USES IN BV6,=BS8 2, -Di T In those portions of the Town so indicated on the latest approved zoning map, only the following uses shall be permitted: 8.2.1 Axly,use permitte j-$,. those used 8.2.1.1 With approval of the Planning and Zoning Commission, underground storage of gasoline and/or diesel fuel in excess of 15,000 gallons may be permitted. Installation and other features of storage facilities must be in accordance with the most recent regulations adopted by the State of Connecticut Fire Marshal. 8.2.2 A building or structure, the major use of which shall be the conduct of wholesale or retail business or the rendering of personal or professional services, as permitted in Table 2, Commercial, Industrial, and Special Uses, and no building, structure or land shall be used in whole or part for any fabricating, converting, altering, finishing or assembling. 8.2.3 Only those uses fisted in Table 2, Commercial, Industrial, and Special Uses, as permitted in a B-2 zone, shall be permitted. 8.2 .3 .1 Sale of alcoholic beverages as a special exception as permitted in Section 8.1.5. 8.2.3 .2 Auto Body Repair Shops may be permitted as a special use in B-2 zone following written application, a public hearing and subject to the following provisions: 1. The use shall be permitted only in areas where it is consistent with the existing character of the neighborhood within 1, 000 feet of any proposed structure or storage area for motor vehicles. It shall not result in the deterioration of nearby property values in the judgment of the Planning and Zoning Commission. 2 . All repair work shall be conducted indoors or in an area where vision from any property line is prevented. 3 . vehicles awaiting repair shall not be stored on the premises for more than thirty days. 4. All vehicles awaiting repair shall be stored either indoors or in a yard surrounded on all sides by an 8 foot high stockade fence. Other suitable opaque fencing may be permitted with the express approval of the Commission. 5. A bituminous paved area shall be provided for temporary storage of finished vehicles. This area shall not be closer than 20 feet from the street boundary and not closer than 10 feet from the side or rear boundaries. FAST WINDSOR ZONING BY-LAWS - SECTION 8 SHOPPING & BUSINESS DISTRICTS Page 5 Munilaw 6. Paving shall also be required for entrance and egress and customer parking. 7. For consideration at the public hearing, application for this use shall be accompanied by a plot plan, Scale 1" = 301 , showing the location of all proposed buildings, vehicle storage areas, fencing, existing and proposed plantings, paving, landscaping. The location and approximate elevation of any existing structures on property within 500 feet shall be shown at a scale of 1" = 501 . 8.2.3.3 Any other use not hereinafter prohibited, which the Commission upon application and approval, shall determine to be essentially equivalent to a permitted use and is consistent Page 8-5 with the intent of the regulations and is suitable and appropriate for the B-2 zone. 8.2.4 Boats or mobile or recreational vehicles on display for sale must be placed so as to maintain ten foot (101 ) side yard and ten foot (101 ) rear yard limitations and must be fifteen feet (15) back from front property line. 8.3 OTHER ZONING REGULATIONS 8.3 .1 Buffer Zone A buffer zone of fifty feet (501 ) wide shall be required between a B-1 or the B-2 district and residential or agricultural zones. 8.3 .2 Parking A suitable paved area with capacity as specified in paragraphs 10.5.3 thru 10.5.9, and in accordance with the provisions of Section 10 shall be provided. 8.3 .3 The front yard of any corner lot shall be considered to be located on the street in which the lot has the least dimension. 8.3 .4 A building devoted in whole or in part to residential use shall comply with Section 18, Table 1, accompanying, as to requirements for the R-2 Residential District and shall conform to the requirements for sizes and uses of lots and buildings for the R-2 Residential District. The building shall comply with the dwelling area requirements established in Section 6.2. 8.3.5 No budding shall be erected or altered in a B-1 zone so as to cover more than 20% of the lot on which it is located or in a B-2 zone so as to cover more than 30% of the lot on which it is located. The total impervious coverage on a lot including buildings, parking lots, access drives, and other impervious surfaces shall not exceed 65% in a B-1 zone and 65% in a B-2 zone. 8.3.6 Accessory use, incidental to business, is permitted provided the location of facilities is in accordance with these regulations. 8.3.6A Mechanical Amusement Device Establishments housing three (3) or more mechanical amusement devices, available to the general public, may be permitted for a one-year period with a Special Use Permit: 1. the location and use of proposed devices will not adversely affect the operation of the primary use on the premises and not impair required public safety functions; 2. the days and hours of operation of the mechanical amusement devices shall be only during the operating times of the primary use; �t0W1i St,4ca � _ w F sl� V&U&ot 7 s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•c AREA CODE 860 /644-2511 CERTIFIED MAIL Town Clerk Town of East Windsor 11 Rye Street Broad Brook, CT 06016 Appl 00-37P, Giannamore Zone Change Dear Madam/Sir: Re: Notice to Adjoining Municipalities In accordance with Connecticut General Statutes concerning notification to municipalities regarding Planning & Zoning Commission applications that could affect the abutting town, we hereby notify you of the application submitted by Ronald Giannamore. The applicant requests a zone change request to RC zone. This application is tentatively scheduled to be heard by the Planning &Zoning Commission on September 26, 2000, at 7:30 p.m. in the Council Chambers of the Town Hall. If you have any question, please feel free to contact the Planning Department at 644-2511, ext. 253. Very truly yours, Michele R. Lipe, AICP Assistant Director of Planning MRL/diw -,4q Kahan Kerensky & CapossetaLLP August 24, 2000 Michael A.Bars Marcia Bannock, Town Planner William B E. reslau Joseph P. . res South Windsor Planning and Zoning Commission Suzanne E.Caron 1540 Sullivan Ave. WilliamJ.Dakin South Windsor, CT 06074 Mark W.Dietz Christopher D.Goebel Re: Giannamore Zone Change from Rural Residential to Restricted Solomon Kerensky Commercial Michael J.Kopsick Laurel D.Mangan* Dear Ms. Bannock: Dorian L.Reiser Stephen E Sutton JeffreyM.Winnick* Enclosed herewith please find an application for (1) a Zone Change from Rural Residential to Restricted Commercial . Robert F.Kahan (1922-1996) Also enclosed are: (1) a copy of the deed of the subject property from Gregory *also admitted to MA and Katherine Boop to Ronald Giannamore; (2) mailing labels for all property owners within 500 ft of the subject property; (3) 7 copies of map of subject property; (4) sample notice of public hearing to abutters; and (5) a check in the amount of$65.00 for the application fee. I ask that you please review this application and should you have any questions or need additional information, please advise. In addition, please advise as to when the commission will hold a hearing on this application and forward a copy of the agenda for that meeting at your earliest convenience. In addition, since this property borders the Town of East Windsor, please be certain to provide notice of this application to the East Windsor Town Clerk, in accordance with C.G.S. §8-3h. Thank you for your attention to this matter. Telephone Very truly yours, (860) 646-1974 U a--;;L49' Facsimile (860) 647-8302 Christopher D. Goebel, Esq. Enclosures 45 Hartford Turnpike cc: Ronald Giannamore (w/o enc.) P.O.Box K Vernon,CT 06066-2181 email:kkc@tiac.net www..kkc4aw.com ��aearav. Capitol Region Council Of Governments 241 Main Street • Hartford, Connecticut • 06106 rcag Telephone(860)522--2217• Fax(860)724-1274 0.% ZONING REFERRAL FORM � RW • FOR: NOTIFICATION OF REFERRALS BY ZONING COMMISSIONS OF THE CAPITOL REGION FROM: ( ) Zoning Commission ' MEMBERS (8 ) Planning and Zoning Commission of South Windsor Andow ( ) City or Town Council (Municipality) Ann (acting as Zoning Commission) Btoon#w TO: Capitol Region Council of Governments Won Community Development Department K -19 Can Hartford, Main Street - (date)Hartford,CT 06106 Fast Granby Fast Hatford Pursuant to the provisions of Section 8-3(b)of the General Statutes of Connecticut,as amended,the following t,W Wh d5w proposed zone change is referred to the Capitol Region Council of Governments for comment: F.MVm NATURE OF PROPOSED CHANGE Enfzdd Farmington ( ) Adoption of amendment of ZONING ( ) Adoption or amendment of ZONING Quonbwy MAP for any area within 500 feet REGULATIONS applying to any zone Cmby of another Capitol Region Munici- within 500 feet of another Capitol Region pality. Attach map showing proposed Municipality. Attach copy of proposed Hff*d change. change in regulations. ffebran Manclrat<r THE CHANGE WAS ORIGINALLY REOUESTED: ( ) by municipal agency Mwibatmgh (sP�') Newington ( ) by Petition RockyHm PUBLIC HEARING ON SAID CHANGE IS SCHEDULED FOR: Sy MATERIAL SUBMITTED HEREWITH: Somers ( ) Public Notice Ma south wbrdsor ( Regulation Changes ( ) Other(Specify) ( ) p of Change ( Supporting Statements S%4W ToUand (FOR USE BY CRCOG) Date postmarked Vernon Date received (Authorized 8 i4a West mr#w Received by 11 er Title wtlhosfuld File Number Address Windsor WindsorLoda BY LAW,THE ZONING COMMISSION SHALL GIVE WRITTEN NOTICE OF ITS PROPOSAL TO SUCH REGIONAL PLANNING AGENCY NOT LATER THAN THIRTY FIVE-DAYS BEFORE THE PUBLIC HEARING TO BE HELD IN RELATION THERETO. Sandy F.Klebanoff, Chairman CRCOG4/97 Richard J.Porth, Executive Director A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region � lo PLANNING DEPARTMZNT TRANSMITTAL DATE: Of I -g io J TO: WE ARE SENDING YOU: �J PZC initial plans O Drainage computations O PZC revised plans O Bond estimate request O PZC Final plans for review O Bond reduction request 0 PZC Final plans for filing O Correspondence O IWA/CC plans 0 Other NO.OF COPIES APPLICATION NUMBER PROJEC UAPPLICANT duo - 3,& , o - 2617�- 'THESE ITEMS ARE TRANSMITTED: For review and comment O For your files O O As requested For your use RICEIVE0 0 Other ~ SEP 2 9 2000 PLEASE RETURN/CONIENT BY: M+ CON BENTS: arc.oEar ZpOp � Copy to: From: e Planning T)enarhnent- 10/98 Capitol Region Council Of Governments 241 Main Street • Hartford • Connecticut • 06106 C7 'Telephone (860) 522-2217 • Fax (860) 724-1274 ` LWW�W- rcog.org COVFHIyMENt Stephen T. Cassano, Chairman September 28,2000 Richard J. Porth, Executive Director MEMBERS PLANNING AND ZONING COM ft REPORT ON ZONING REFERRAL Andover Town of South Windsor m" � P � e0L4 Avon COMMISSIONERS: Bolton Receipt is acknowledged of the above-mentioned referral. Notice of this proposal was transmitted to the Planning Bloomfield Division of the Capitol Region Council of Governments under the provisions of Section 8-3(b)of the Connecticut Canton General Statutes,as amended. East Granby This referral involves proposed map change for a property at 2092 John Fitch Boulevard in South Windsor;ablitring East Hartford the East Windsor town line. The parcel is under.5 acres. Existing zone is rural residential;proposed zone is general commercial. East Windsor Ellington COMMENT: The staff of the Regional Planning Commission of the Capitol Region Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the Enfield concerns of neighboring towns. Farmington This area is designated"suburban"in the Regional Plan of Development(1988).The proposed rezoning is Glastonbury compatible with suburban development policies. Granby Hartford Questions concerning this referral should be directed to Karen Berchtold. Hebron In accordance with our procedures this letter will constitute final CRCOG action on this referral. The public hearing Manchester date has been scheduled for September 26,2000. Marlborough DISTRIBUTION: Planner: South Windsor,Hartford,Windsor,East Windsor, Respectfully submitted, Newington Ellington,Vernon,Manchester,East Hartford Linda Keith,Chairman Rocky Hill Regional Planning Commission Simsbury Anthony DiLorenzo,Vice Chairman Somers Regional Planning 'South Windsor GGtXr�a 6"'Zpq Suffield Karen Berchtold Tolland Community Development Planner Vernon West Hartford Wethersfield Windsor Windsor Locks A voluntary Council of Governments formed to initiate and implement regional programs of benefit to the towns and the region �s PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM TO: Matt Galligan, Fred Shaw, Michael Gantick, , Bill Lanning, John Bond, Ray Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula, Jerry Iazzetta FROM: Marcia A. Banach, AICP, Director of Planning The Planning & Engineering Departments have received plans for the following project: - �1 Location: O Site Plan 0 Subdivision No. Acres I. Zone ,,;�,) R C 0 Industrial 0 Commercial 0 Residential No. Lots/Units Water: 0 Public 0 Private Well Sewerage: 0 Public 0 Septic system(s) Project Description: 7XV'2 � .(4 Future Town-owned property involved? 0 Yes "0 O new street(s) 0 new detention area O new open space/recreation area 0 active O passive Planning Department notes: Please comment by /0/s/AA o and return to the Planning Department. vo,1-e c�e-L n9 e3-r�-s� ice'' L�w,y� our &I"y Sc� <�,�-G,4'� C�-�,. f� � C'�G?�cr� �� S<�.,�e Asa /J�✓a-�-i ���.,e� REPORT ON PROPOSED ZONE CHANGE Ronald Giannamore 2092 John Fitch Boulevard (Route 5) ' South Windsor, CT October 10, 2000 ' REQUESTED ZONE CHANGE ' Ronald Giannamore has requested a change of zone for property known as 2092 John Fitch Boulevard from Residence A-20 (A-20) Zone to Restricted Commercial Zone (RC). ' The Residence A-20 Zone allows single family residences, home occupations, professional offices, boarding/rooming houses, conversion of a single family dwelling to a two-family dwelling, and accessories uses as permitted uses. Also allowed as special exception/permit ' uses are keeping of horses, community service uses (fire station, police station, municipal buildings, public utility building, municipal parks and playgrounds, places of worship, housing for the elderly, and senior residence developments. The Restricted Commercial Zone allows commercial/professional offices, retail sales, personal services, restaurants, hotels, motels, mortuaries, the keeping of horses, and accessory uses. ' Also allowed as special exception uses are child day care centers, senior residence developments, and other uses similar in nature to uses otherwise permitted in the zone. ' PARCEL DESCRIPTION ' The property for which the zone change is requested contains approximately 0.87 acres in South Windsor. The entire parcel is approximately 1.6 acres in area. The remaining portion of the parcel (the east portion) is located in the Town of East Windsor. The entire parcel is ' relatively level with a change in grade of approximately 4 or 5 feet over the entire 500-foot depth of the property (1% grade). There does not appear to be any documented wetlands on the property. ' The property is located at the northeast corner of John Fitch Boulevard and Scantic Road. It has approximately 200 feet of frontage on John Fitch Boulevard and approximately 267 feet of ' frontage on Scantic Road. Most of the southern portion of the property is wooded while the northern portion in both South Windsor and East Windsor is cleared. An existing dwelling with two sheds are on the South Windsor portion of the property. The East Windsor property is ' vacant. 1 1 1 1 4' View of subject property from intersection of John View of subject property looking east along Scantic ' Fitch Boulevard and Scantic Road Road l ' M View of subject property looking north along John View of subject property looking east on John Fitch Boulevard Fitch Boulevard EXISTING ZONING ' The subject property is zoned Residence A-20 in South Windsor and B2 (Business 2 District) in East Windsor. The Business 2 District in East Windsor allows more intensive uses than are permitted in the Restricted Commercial Zone in South Windsor. The uses permitted by the Restricted Commercial Zone would provide an appropriate use transition between the existing commercial zone in East Windsor and the residentially zoned property south of Scantic Road in ' South Windsor which cannot be accomplished if the subject property remains in a residential zone. As noted above, approximately 45% of the property is in East Windsor and is currently zoned Business 2. A \ Al 2LAM sovrxwnrosox —— mRR FP . I The Business 2 zone in East Windsor is approximately 400 feet wide this was confirmed with PP Y ( the Town Planner of East Windsor). The eastern border of the B2 zone is parallel to John Fitch Boulevard except near the South Windsor town line where the line runs straight and John Fitch Boulevard turns slightly to the west. The depth of the zone In the vicinity of the town line is ' approximately 500 feet and includes this entire parcel and most of the Sellers lot south east of tie-subject property. East of the Business 2 zone, and the subject property, is an Al Residence Zone. ' EXISTING LAND USE As previously described, the subject parcel contains a single-family residence with substantial vacant area to the east of the house. To the southeast of the site, fronting on Scantic Road, is a lot (nff Carl & Betty Sellers) that is used as a single family residence and a "bait and tackle ' shop". Part of the lot (approximately 25%) is located in South Windsor and the remainder is located in the Business 2 zone in East Windsor. Other properties to the east of the "Carl & Betty Sellers" lot along the north side of Scantic Road are residential and are all located in the Town ' of East Windsor. a e^ 1 ' View of"Sellers"property to the southeast of the subject View looking east along Scantic Road showing single- Property. It is a residence with a"bait and tackle shop". family residences on the north(left)and open agricul- tural land along the south side(right). Property on the south side of Scantic Road, includes a vacant agricultural parcel at the ' southeast corner of Scantic Road and John Fitch Boulevard. To the east of that lot is an existing single-family dwelling with other agricultural land beyond the dwelling. The East Windsor town line is located only about 400 feet east on Scantic Road from John Fitch tBoulevard. Most of this agricultural land is located in East Windsor. On the west side of John Fitch Boulevard in the vicinity of the subject parcel is a mixture of ' residential, agricultural sales, and office uses. The land behind the front lots on John Fitch Boulevard is primarily agricultural in use and is in the flood plain for the Connecticut River. In fact, that rear land is zoned Flood Plain (FP) and extends from the rear of the frontage lots to ' the riverbank. 1 View to southwest across John Fitch Boulevard showing ' office building North of the subject property, the land is in East Winds On the east side of Route 5 (South Main Street in East Windsor), extending north of the property is a commercial property ("Dari Delite"), a non-conforming residence (located in the B2 zone), the Nutmeg Restaurant, and Harkins Market. Beyond that is a series of commercial uses extending thousands of feet into ' East Windsor. On the west side of South Main Street is also a series of commercial uses starting at the town line and extending north. ' View of property to north containing"Dari Delite"restaurant View to north along Route 5 showing the Nutmeg Restaurant and Harkins Market SOUTH WINDSOR PLAN OF DEVELOPMENT ' The South Windsor Plan of Development was last revised in October 1995. Many issues are raised and addressed in the revised plan including commercial development, residential development and buffering, and access management. A major goal of the Land Use Element ' portion of the Plan includes "Where residential land uses are to abut industrial or commercial uses, a landscaped buffer on both residential and industrial/commercial land, should be established in order to reduce or mitigate any potential impacts on both residential and industrial ' uses." The Plan further suggests that "...restricted commercial areas are intended to provide limited, attractive, small scale office and retail environments to serve the community at large, and convenience shopping within or adjacent to large neighborhoods." The Plan directs that ' development related reco endations u ce access management, adequate buffering treatments, and compatibility with abutting residential uses. ' The Future Land Use plan indicates that this area is to be rural/suburban residential. By the very nature of this direction and the fact that much of the area designated in the vicinity of Route 5 (John Fitch Boulevard) is zoned A-20, which allows limited commercial development such as ' offices and home occupations, it seems that some provision for limited office and convenience shopping to serve the adjacent residential areas that are located to the south and east of the subject property is in keeping with the Plan of Development. Since the South Windsor Plan of Development cannot, and was not envisioned to, operate without consideration of uses on adjacent land and land adjacent to this in the Town of East Windsor, there appears to be a need ' to provide a proper and adequate termination to the commercial development that has expanded right up to the municipal border, ' The use of this property for a buffering use, which would better protect residential development to the east and south (through control of use and provision of landscaping and buffering), seems to be compatible with the intent and purpose of the Plan of Development. Unified development ' of this parcel could control curb cuts to Route 5, which are deemed by the Plan to be inappropriate. The Plan suggests that Restricted Commercial development is appropriate to provide small development that can serve the community at large or as a convenience shopping ' area for large residential neighborhoods as are present to the east of the site. A single-family residential use on this property would have to rely on buffering only on this parcel to provide adequate buffering to the commercial property to the north and east in East Windsor. It would ' be much more compatible with abutting uses including the residential uses to the east and especially the mixed commercial/residential uses to the immediate east and on the west side of John Fitch Boulevard. ' CONCLUSIONS ' The subject property is located at the juncture of a large scale commercial zone to the north of the town line, a mixture of residential and office/retail on several lots adjacent to the property, and the larger residential area to the south and east of the property. The current zoning on the ' property is mixed with medium density residential on the western portion and commercial use on the eastern portion. Nearly one-half of the property is zoned commercial in the Town of East Windsor, but has no access into East Windsor except over property of others. It cannot access ' to Scantic Road or John Fitch Boulevard in South Windsor since you cannot access commercial property through residential property. Further that portion of the site is similarly surrounded by commercially zoned property in the Town of East Windsor. Since Route 5 is a major arterial through the Town of South Windsor, as well as East Hartford to the south and East Windsor to the north, and Scantic Road is a collector street providing access from large residential areas to the northeast and east (including Scantic and Broad Brook), residential development on this isolated parcel would be inappropriate. ' Use of this property for residential use would allow development of the site for only two p Y residential dwellings. At least one of those would have to continue the existing access to Route ' 5 while the other could access Scantic Road. Development of the overall parcel for a Restricted Commercial use, would allow restriction of access to this limited sized property onto Scantic Road and allow closing the access to Route 5. Buffering would have to be provided only on the ' north property line with a 50 foot buffer to the commercial zone to the north in East Windsor. If the zoning designation of the property were changed to Restricted Commercial, a 50 foot buffer would have to be provided along the south property line (along Scantic Road) and development ' of the agricultural parcel to the south for residential use would have to also provide a 50 foot buffer. Therefore, the commercial area and residential area would be separated by 100 feet of buffering as well as the full right-of-way width of Scantic Road. This would provide an ' appropriate termination to the commercial areas to the north in a manner which would enhance development of additional zoned residential property to the south and which would preserve and ' enhance property values in the overall area. Through site plan approval and design review, control of the development of this parcel is ' maintained by the Planning and Zoning Commission. Appropriate building scale, design character, landscaping, buffering and access can be provided that will meet all of the goals of the Plan of Development and the Zoning Regulations. None of these controls are available to ' the Town of South Windsor for the existing commercial zone to the north in East Windsor. Therefore, changing the zoning designation on the subject parcel to Restricted Commercial ' would: 1. Provide a zoning designation that is more appropriate to the existing commercial zoning that is shown on property to the north, southeast, and east of the subject parcel ' 2. Provide a consistent zoning designation on the subject parcel itself, which is currently 45% commercial zone and 55% residential zone. 3. Establish an appropriate transition at Scantic Road of the commercial zoning to the ' immediate north that would preserve residential property values to the south and east. 4. Allow development in a manner consistent with other development both in South Windsor and East Windsor on both sides of John Fitch Boulevard. ' 5. Allow adequate buffering of this property from residential property to the south. 6. Although the size of the subject property is relatively small, this is not an issue of"spot zoning" since the use and zoning classification of this property would be entirely 1 consistent with the zoning to the north and east which is a much larger area. 7. The small size of this parcel would allow only a restricted amount of development which would have no detrimental impact on the residential areas to the south and east and ' would result in a minimal increase in development in the overall area. h ©, 58 60 62 N/F ( \ ✓OSEPH ENDORO UICK 8-2 ZONE IN EAST VANDSOR 90 t ►r—"' .�.� ter.. 50 OG / TOTA L AREA-701003 SA. Ft. RR IN SOUTH WINDSOR 'i' G� \ 8-2 ZONE IN EAST WANDSOR Off. ` 8-2 ZONE IN EAST VANDSOR \ 62 RR IN \ N/F SOUTH VANDSOR CARL & BETTY SELLERS 267t SCAN77C ROAD MAP REFERENCE: F 111611 SAY AM MAP HAS BEEN PMPARED N ACCORDANCE KITH SECTIONS 20-3000-1 THRU 20-3008-20 OF THE OF C0WWCTICUT STATE AGUIM -'MW"N STANDARDS FOR SURVEYS AND MAPS IN THE STATE OF 1. PROPERTY LINES ARE TAKEN FROM MAPS T'A8 DPWOED BY 7W COINVECTICUT A$MAIWM OF LAND SURVEYORS INC. THM PLAN WAS COMP,tED ENTITLED 'CADASTRAL MAP, TOWN OF SOUTH WINDSOR, HARTFORD MAID REC0R0 RESOWD"ANDJOR OTHER SOURCES OF fNFOR11AT10N. R IS NOT TO 8E CONSTRUED A5 e HAYiiO 888AI dlTAirEp 1lIE OF A F*W SURVEY. AND IS SU8XCT TO SUCH CHANGE AS AN ACCURATE ,�9UR wAY COUNTY- CONNECTICUT*- SCALE 1'-100'. DATED MAR. 30. 1088. SHEET 142 OF 150. PREPARED BY QUINN ASSOCIATES, HORSHAM. PENN. X TO IwAnT.or_ elti F. TINE MAP 13 SUBSTANTIALLY CORRECT AS NOTED NEREdV Y 12082 2 "MAP OF WNVDSOR ESTATES-EAST & SOUTH VANDSOR, CONNECTICUT- r CONTAINING 13.8 ACRES, SCALE 1"-IO0'. DATED 19M. PREPARED BY UC. No. H. F. ROSENBERGER. r I.+�M ,�Cfi,M10 U11tITY REVISIONS ram+ M>w10 0eI fNSr s t `GRAPHIC SCALE (B80) 29,—ass coMnunD11 R,w PI1d�A1SD 110N x r 1 0V w IIM�IOm=0 �I&vw1 +o 11�ASAW ;FfwfON�10 s>r�ae ,wo maw uNt 1wA ROAAld Ewi"Amd" I !IQ Att4► wiA 1� w4lstfaF. $.. � joBa FlcB'6- AiE to 40dl » n WVIII"M P b +Pn n rr ' "AM « IAq If-#Y8Y itlgt� . eouthAoonneccut OGQ74 .. ( ' ,a r' .,v 4Sa,...�. .... ...,. _. •t ..,y{ -.,,. ,.. ,. .. -,.,a,;. _. ,.. ._ _;r -_• .. If` .MUM.- �.,. ,•r T . z/ l u' �) Giannamore Zone Change Public Hearing 10-10-00 Planning Department Report I. Request for zone change from A-20 to Restricted Commercial for property located on the east side of Route 5, north of Scantic Road, at the East Windsor Town Line. The total area of the request is about 0.82 acre. The minimum lot size in the new zone is 3/4 acre. Frontage is about 200 feet total, 150 feet required. 2. The Town Plan depicts this area as Residential. . The site is bounded by commercial zone to the north in East Windsor, residential on the remaining sides in South Windsor. 3. Section 16 has criteria for zone change: ♦ How the zone change compares with the Comprehensive Plan of Development; ♦ How the land shall be secured from flooding and other dangers; ♦ How the land upstream and downstream in the same watershed shall be secured from flooding and other dangers; ♦ How the land shall be served by water, sewerage, transportation, and other public utilities; and ♦ How the proposed zone change will affect any wetlands in the area. 4. A zone change is the appropriate time to discuss traffic impacts. If this zone change is approved, Town staff and SW Police Services request that the Commission prohibit any driveways directly onto Route 5, and require that the site driveway connect to Scantic Road with its traffic light. Also, Sgt. Field notes that at the time of development, an exclusive left turn lane on Route 5 might be required depending on the intensity of the proposed use. 5. There is a 50' buffer requirement where the RC zone abuts the residential zone. The applicant should be aware that buffers are required along the street frontage also when the zone across the street is residential. 6. The wetlands snap does not show any regulated wetlands on this site. 7. Public water is available in Scantic Road and Route 5. There are no sewers in this area. r C,v_c r-t 4c. -tr 8. The zone change request was referred to CRCOG as required. CRCOG responded that: 9. Site plan of development would be required prior to any commercial use of this site. 10.If this zone change is approved, the Commission must state on the record that they have found the zone change to be consistent with the plan of development. " 7own oic s•OUZA ?1)&U&Ot C � U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 R•CD���v AREA CODE 860 /644-2511 November 15, 2000 CERTIFIED MAIL Mr. Ronald Giannamore 87 Rosemary Lane South Windsor, CT 06074 Re: Appl 00-37P, Giannamore Zone Change Dear Mr. Giannamore: We are pleased to advise you that at its October 31, 2000, meeting, the Planning and Zoning voted to approve your request for a zone change from A-20 zone to RC zone at 2092 John Fitch Boulevard. Within ninety days,by January 30, 2001, a zone change map (1"=40')with an A-2 certification must be filed, showing all boundary lines and the acreage of the land where the zone change was granted. The map shall be drawn in accordance with the rules and regulations of the State Board of Registration for Professionals Engineers and Land Surveyors and shall be stamped and signed by a Registered Land Surveyor. The zone change map must be submitted on black and white mylars,with this approval letter thereon, together with three blueprint copies of the Zone Change. After the mylars have been stamped and signed by the Commission,they will be returned to you for filing in the Town Clerk's office. The effective date of the Zone Change is the date the mylar is filed in the Town Clerk's office. Sincerely, Walter J. Mealy, Chairman WJM/dlf :1 Cleaveland Legal Blank Serrke,kne. k WARRANTEE DEED 114 a !!! E.Aarderd,Cannedlemi p r To all People to whom these Presents shall come, Greening: KNOW YE, THAT WE, GREGORY T. BOOP and 1UTHE RINE A. BOOP, both of the Town � 1 of South Windsor, County of Hartford and State of Connecticut for the consideration of NINETY THOUSAND & 00/100 ($90,000.00) DOLLARS s received to our full satisfaction of RONALD GIANNAMORE do give, grant, bargain, sell and confirm unto the said RONALD GIANNAMORE A certain '+� piece or parcel of land situated in the Towns of South Windsor, and East Windsor, County of Hartford and State of Connecticut and more particularly ! bounded and described as follows: � 3 Said premises are known and designated as Lot No. 10, as shown on a map or plan entitled "Map of Windsor Acres East and South Windsor, Conn. Containing 13.8A Plots 1 and 15 Contain .5 Acre Plot 2, .75 acre Plots 3-4-5-6-7-8-9-10-11-12-13-14, One a Acre Scale - One Inch Equals One Hundred Feet 1938 made by H.F. Rosenberger, Jr.", x which map or plan is on file in the Offices of the Town Clerks in the said Towns of South Windsor and East Windsor, to which reference is hereby made. Said premises are bounded: tNORTHERLY: By Lot No. 9. as shown on said map, less so much as conveyed to State: 450,00 feet; i EASTERLY: By a portion of Lot No. 12, as shown on said map, 87.00 feet; SOUTHERLY: By Lot No. 11, as shown on said map, less so much as conveyed iu to State, 484.00 feet; WESTERLY: By East Hartfora--Springfield Road, 100.00 feet; e a`f � Said premises are subject to the .following: f 1. Any and all provisions of any municipal regulation, public or private law. 2. Taxes to the East Windsor and South Windsor on the List of October 1, 1985, which taxes the grantee herein assumes and agrees to pay as part consideration u for this deed. sr A duplicate of this deed is being recorded in East Windsor Land Records. Being the same premises conveyed to the grantors herein by Warranty Deed dated May 5, 1980 in Volume 280 at Page 340 of the South Windsor Land records and s Volume 116 at Page 698-699 of the East Windsor Land Records. F� 9e � y —T C i ^, $ 9( . Conveyance Tax received $Lf J d Conveyance Tax received i.M. .IVJVt --------- ! i �x a �� i r t a �? R t I{a } V To Have and to Hold the above granted and bargained premises, with the appurtenances thereof, unto him the said grantee , his heirs, successors, and assigns forever, to and their own proper use and behoof. And also, we the said grantors s do for ourselves , our heirs, executors, administrators, and successors, covenant with } the said grantee tiis heirs, successors, and assigns, that at and until the ensealing of these presents, we are well seised of the premises, as a good indefeasible estate in Fee ' Simple; and ha vegood right to bargain and sell the same in manner and form as is above written and that the same is free from all encumbrances whatsoever, except as hereinbefore L, mentioned. ? And Furthermore, we the said grantor s do by these presents bind ourselves and our heirs forever to Warrant and Defend the above granted and bargained premises to the said grantee his heirs, successors, and assigns, against all claims and demands whatsoever, except as hereinbefore mentioned. 1,1 IN WITNESS WHEREOF, WE t. l,� J ra }k 5 ha ve hereunto set our hand s •this a94(1+ day of May 19 86 Signed and Delivered in the presence of(Type or Print name below each signature.) WITNESS: GRANTOR:. ,��!• ... . . . . . . . . . . . . . . . . . .. . . . . . . . . . .moo. . t. . ` GREGORY i&OP C� . { . . . . . ... . . . . . ��• Aini� KATHERINE A. BOOP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s . • . . . . • . . . • . • • . , , STATE OF CONNECTICUT, COUNTY OF Hartford SS. South Windsor May 29 19 86 a Personally Appeared GREGORY T. BOOP and KATHERINE A. BOOP Signer(s) of the foregoing Instrument, and acknowledged the same to be their free act and deed, before me. / D „ 1 •� ;pp . O IUcs.C!/ 4 •Notary Public/J.of Pea • Commissioner of Superior Court, TIMOTHY P. O'NEIL t si ,} STATE OF CONNECTICUT, COUNTY OF ss. 19 Personally Appeared as aforesaid, Signer of the foregoing Instrument, and f acknowledged the same to be free act and deed as such k and the free act and deed of said corporation/partnership, before me. �7 ' g Grantees' Address: // • • •Notary Public/J.ofPeace/Commissioner of Superior Court M " s ` r« vw.� H eeved for Record MAY. 0 ��t� ^� 2 �� ��'1 • `_.� M. Attest (t WARRANTEE DEED FROM . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TO . . . . . . . . . . . . . . . . . . . . . . . . . .... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 . . . . . . . . . . . . . . . . Dated . . . . . . . . . . . . . . . . . . . . . . . . . 19..... Received . . .MAY-3- ' . . . . . 19..... � Recorded �".. LAND RECORDS '• Vol.. ... .. Page.."... ... . 8W—h Clerk Town Clerk; After recording please return to: Y-Ona(� �7lCe, ky one v