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Special Exception - withdrawn
TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION APPLICATION FORM 47 RECEIVED pp 01— 40P Application No: Official Receipt Date: it Ig-7101 NOV 2 1 2001 Ale ' Receipt No: .�;���"' SOUTH WINDSOR PL0MG DEPT. APPLICANT: 420 John Fitch Blvd. LLC ADDRESS: 420 John Fitch Blvd. South Windsor, CT 06074 OWNER OF RECORD ON LAND RECORDS: Same as Above ADDRESS: COMPLETE LOCATION OF PROPERTY: 420 John Fitch Blvd. ASSESSOR'S MAP # 22 PARCEL #. 5 ZONE I NAME, ADDRESS, TEL& FAX # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: J.R. Russo & Associates 1 Shoham Road East Windsor CT 06088 Tel. 623-0569 Fax 623-2485 THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Resubdivision ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Approval ❑ Open Space Subdivision (Public Hearing Required) Special Exception to Article 6.1.3 1 (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) ❑ Amendment to Town Plan of Development ❑ 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. c nature o Ap licant nature of ro erty Owne (See reverse side for additional information) TYPE: CATALOG #: LUMARK® DESCRIPTION SPECIFICATION FEATURES The Lumark Warrior offers a A•••Retaining Screws E•••Gasket variety of lamp and mounting Corrosion-resistant captive Full circumference,high- options in both HPS and metal retaining screws. temperature foam-in-place halide,and can be installed, silicone gasketing seals out lamped and serviced with only B•••Housing external contaminants. the most basic tools.U.L listed Weather-resistant,die-cast for wet locations.CSA certified. aluminum housing with F...Lens APPLICATION integral door hinges is finished Clear tempered-glass lens is in dark bronze polyester heat-and impact-resistant. The Warrior's versatility powder coat enamel. G•••Socket combines with its tough C•••Housing Door Mogul-base porcelain socket construction,polyester powder watertight die-cast aluminum for metal halide or high WRWARRIOR coat finish and adjustable light housing door is finished in dark pressure sodium lamps. cutoff to make it the ideal bronze polyester powder coat floodlight for many area enamel. H...Mounting lighting situations,including Variable mountings of either 1 0 0 - 4 0 0 W parking lots,construction and D•••Reflector 3/16"galvanized steel trunnion storage sites,rail yards,light Specular aluminum reflector (shown below)or integral die- High Pressure Sodium industrial locations,marinas Metal Halide delivers sharp beam cutoff. cast aluminum slipfitter(shown and service areas. in photo to right).SIipfitter fits 2 3/8"-3"C.D.tenon. SLIPFITTER-MOUNTED OR TRUNNION-MOUNTED A.... FLOODLIGHT B.............. C ......... D.............. ....................... E.............. F.............. .. G . .........._.................................................................._................__..... o � 0 o - 0 o �0 0 H....................... 1" [25mm] [38mml [38mml ENERGY DATA High Reactance Ballast Input Watts 10OW HPS NPF/HPF(130 Watts) 150W HPS HPF(190 Watts) DIMENSIONS CWI Ballast Input Watts 25OCWA HPS HPF t Input 0 Watts) CWA Ballast Input Watts 175W MH HPF(210 Watts) [330mm] [330mm] 13" 250W MH HPF(295 Watts) 40OW MH HPF(455 Watts) 40OW HPS HPF(465 Watts) 4" [102mm1 O 6" [ 15" 7" 152mml [381mm] [178mm] COOPER LIGHTING WRWARRIOR PHOTOMETRICS 6 6 Footcandle Table 5 5 Select mounting height and read across for footcandle E values of each isofootcandle line. 4 4 Mounting Height Footcandle Values for 3 D 3 WR-1&2 Isofootcandle Lines A BCD C A B C D E 2 g 2 20' 4.50 2.25 1.13 0.56 0.23 q 25' 2.88 1.44 0.72 0.36 0.14 1 1 30' 2.00 1.00 0.50 0.25 0.10 0 0 1 1 2 2 5 4 3 2 1 0 1 2 3 4 5 5 4 3 2 1 0 1 2 3 4 5 WR-1 WR-2 HPWR-65S-400 MHWR-65S-400 400-Watt HPS,450 Vertical Tilt 400-Watt MH,45'Vertical Tilt 50,000-Lumen Clear Lamp 34,000-Lumen Clear Lamp ORDERING INFORMATION SAMPLE NUMBER: HPWR-65S-400-MT WR Options (add as suffix) Accessories (order separately) Lamp Type Distribution FT=Tru Voltage' PER=NEMA Photocontrol Receptacle OA1014=Photoelectric control,120 volt NEMA type HP=HigIn 65=6x5 er 120V F1=Single Fuse(120 or 277) OA1076=Photoelectric control,105-285 volt NEMA type Pressure on 208V F2=Double Fuse(208,240 or 480) OA1027=Photoelectric control,480 volt NEMA type Sodium 240V C23=3'of 12-3 cord,prewired PB-120=Button photocontrol,120V,slipfitter only MH=Metal Lamp Wattage 277V C42=2'of 14-3 cord,prewired PB-208/240=Button photocontrol,208/24OV,slipfitter only Halide 100=100W 480V C43=3'of 14-3 cord,prewired PB-277=Button photocontrol,277V,slipfitter only 150=150W TT=Triple Tape C63=3'of 16-3 cord,prewired SC=Shorting cap Series 175=175W MT=Multi-Tap' TV/WR=Top visor WR=Warrior 250=25OW WG/WR=Wire guard 400=40OW VG/WR=Vandal shield 250/400=250/400W FA5=2"slipfitter for trunnion fixture (wired 250) RAB=Right angle pipe bracket for slipfitters SAB=Steel angle bracket for trunnion Catalog Lamp Lamp Ballast Type/ EPA Net Wt. Shipping Number" Wattage Type/Base Power Factor Mounting Distribution @ 45- (Lbs.) Volume(Curt.) HPWR-65S-100 100 HPS/Mogul Hi-React./HPF Slipfitter 6x5 1.3 30 2.0 HPWR-65S-150 150 HPS/Mogul Hi-React./HPF Slipfitter 6x5 1.3 30 2.0 HPWR-65S-250 250 HPS/Mogul CWI/HPF Slipfitter 6x5 1.3 32 2.0 HPWR-65S-250/400 250/400 HPS/Mogul CWA/HPF Slipfitter 6x5 1.3 35 2.0 HPWR-65S-400 400 HPS/Mogul CWA/HPF Slipfitter 6x5 1.3 30 2.0 MHWR-65S-175 175 MH/Mogul CWA/HPF Slipfitter 6x5 1.3 30 2.0 MHWR-65S-250 250 MH/Mogul CWA/HPF Slipfitter 6x5 1.3 32 2.0 MHWR-65S-400 400 MH/Mogul CWA/HPF Slipfitter 6x5 1.3 35 2.0 HPWR-65T-100 100 HPS/Mogul Hi-React./HPF Trunnion 6x5 1.3 30 2.0 HPWR-65T-150 150 HPS/Mogul Hi-React./HPF Trunnion 6x5 1.3 30 2.0 HPWR-65T-250 250 HPS/Mogul CWI/HPF Trunnion 6x5 1.3 35 2.0 HPWR-65T-250/400 250/400 HPS/Mogul CWA/HPF Trunnion 6x5 1.3 35 2.0 HPWR-65T-400 400 HPS/Mogul CWA/HPF Trunnion 6x5 1.3 35 2.0 MHWR-65T-175 175 MH/Mogul CWA/HPF Trunnion 6x5 1.3 30 2.0 MHWR-65T-250 250 MH/Mogul CWA/HPF Trunnion 6x5 1.3 32 2.0 MHWR-65T-400 400 MH/Mogul CWA/HPF Trunnion 6x5 1.3 35 2.0 NOTES:'Add desired voltage to end of catalog number. 'Multi-Tap ballasts are 120/208/240/277 volt,factory prewired for 277V operation.Triple-Tap ballasts are 120/277/347V,factory prewired for 347V. / NOTE:Specifications and Dimensions subject to change without notice. COOPER Cooper Lighting P.O.Box 820824 Vicksburg,MS 39182 601.638.1522 FAX 601.634.9606 ADH930202 Floodlight Options SUFFIX DESCRIPTION F1 — Single Fuse (Internal) 120& 277 volts F2 — Double Fuse(Internal) 208, 240&480 volts PE/MT — Photo Electric Control, Multi-Tap 120,208,240&277 volts PER — Photo Electric Receptacle (NEMA twist-lock) Sc — Shorting Cap for PER WG/NH — Wire Guard VG/NH — Vandal Guard SV — Side Visor,dark bronze finish SVI — Side Visor, independent,dark bronze finish TV — Top Visor,dark bronze finish C42 — Two feet of 14-3 SO cord, prewired PC/MT — Photo Electric Control, 120V,208V,240V&277V, with NEMA twist-lock plug PC-480 — Photo Electric Control,480V with NEMA twist-lock plug BILK — Black Finish WHT — White Finish GR — Gray Finish MT — Multi-Tap Ballast: 120, 208, 240,&277 volt SV—SIDE VISOR For applications in which light is to be restricted in cer- tain zones. Field installed only. Dark bronze finish. SVI —SIDE VISOR, INDEPENDENT 0) p A 11 Lumark P.O.Box 619270 D/FW Airport,Texas 75261 214 258 8253 D23 r Floodlight Options TV—TOP VISOR n a o �1 A n NOTE: Top visors and side visors may be used in com- bination to achieve maximum shielding. Field installed only. Dark bronze finish WG/NH—WIRE GUARD VG/NH—POLYCARBONATE VANDAL GUARD Heavy gauge wire guard for additional protect- For maximum protection in vandal resistant applica- ion. Field installed only. Plated finish. tions. Field installed only. D24 Lumark P.O.Box 619270 D/FW Airport,Texas 75261 214 258 8253 JAN-11-02 17:32 From:BROWN RUDNICK 9605096501 T-793 P.02/02 Job-611 CONSENT AND,AUTH01i,1t,ZATION Or TR E l►srl+v[BRMS OF 430 JOHN FITCH BOVUVARD,L.L.C. '!'i)c unclrrsigncd, being all the Mciubers Af42Q dOHN NI'TCi BOULEVARD,V�1irA, C,.l .C„ a Connecticut limited liability company (the "Company"), hereby unanimously con5arit to an t 'w1hori'e-e the following actions: '1'liat John R veruzzi, a Member and Manager of Company (the "Manager"), enter into Lind parfortn and cruse the Company to enter into and perform the follawixtg: 1. A certain Application for Special Exception with the Town, of South Windu-ir Planning;lit. Zoniq Commission for property located at 420 John Fitch Boulevard, South WiinC sup. Connecticut. That the Manager is authorized and directed to execute and deliver on behalf of the Company, the shove-referenced application and any and all rolzed doautatentation that tho f'c,,mp;my deems necessary. rN WITNESS WCIEREOF,the parties liereto have hereunto set their hands as ofthe 1ji1V Of'January, 2002, NAEM'l3ERS: flffrl- �.� ana.ld Matta ,:1u 1.tW4-VO •ekcmec•;dVMQ43U It d0¢-1A777/1 Postat ServiceU.S. Postal Service CERTIFIED (DomesticOnly;No in I surance Coverage - . •-. (Domestic Mail Only;NoCoverage Provided) n Article Sent To: 17- Lll It n G yam„I t .f i1 _-0 Postage $ C -' I t l Ste, Postage $ / 1/i ' t+ Certified Fee Certified Fee j R^pstinark stmark Return Receipt Fee ( "M re Return Receipt Fee y Here n (Endorsement Required) 1 I , (Endorsement Required) n Restricted Delivery Fee '� �' n Restricted Delivery Fee 60 t4 n (Endorsement Required) T�� �?� n (Endorsement Required) n n Total Postage&Fees $ M Total Postage&Fees m Na ease Print Clearly)(to be complejed by mailer) m Name(Please Print Clearly) t be completed mailer) -iXt-f- ?A r C 9 .__ �f=� ���- --------------------- Err-r hen�" Street Apt. o.;or PO Box No. a- St_e J ot.No.;or PO ox No rr p- r >> Q ----------- ----�-.ter-���--------��----�---------------------------------------- City State,ZIP+4 n I`- City,State,Z/P+4 See Reverse for Instructions PS Form S ►h c'Y' C f a(oO� `` t�.nC�5 �i-j' C? �O t`7 :,. ,July 1999 See Reverse for InstrucEff, U.S. Postal Service U.S. Postat Service CERTIFIED MAIL RECEIPT CERTIFIED MAIL RECEIPT (Domestic Mail • No insurance CoverageProvided) I• Only;No Insurance CoverageProvided) Er m ,a m r� 17- n o r1- Postage I S `Alt j C � Postage Certified Fee N Certified Fee,fn" mark I � Postm �p Return Receipt Fee I 2 )-lere CO Return Receipt Fee ; Here J UU Endorsement Re n (Endorsement Required) 0 ( Required) v `� n Restricted Delivery Fee ] n Restricted Delivery Fee n (Endorsement Required) (Endorsement Required) / � Q06C'� 0 Total Postage&Fees I $ T I • �� n Total Postage&Fees W 3' S zt- m Name(Please Print Clearly)(to be completed by maier) m Name(Please Print Clearly)(to be completed by mailer) Er Street,Apt.No.;or PO Box No. L Er Street,Apt.No. or PO Box No. cr- C3 �ss L/--i-- -�UC� --•------------------------------------� n —�� _•__�_J���� �J- S1V-� -• •-- City,State,Z1P+4 City,Stale,ZIP+4. C� 1 �?T 0l PastaPS Form 3800,July 1999 See Reverse for InstructioFTS' PS Form 3800,July 1999 CERTIFIED MAILPECEIPT (Domestic Mail Only;Afa Insurance Covera Provided) -13 n - 17- Postage I$ n 17 - Certified Fee _�7 1,j(�� PolV k � Return Receipt Fee n (Endorsement Required) n Restricted Delivery Fee ��/� n (Endorsement Required) {j 1 E:3 Total Postage&Fees I $ 06�"'� M Name(Please Print Clearly)(to bT completed by mailer) m ._ ) '----- �W„�e-_--..1__ '4x Sl -_t ------------------------- Q- Street,Apt.No.;or PC Box No. ,1 °_ (`1�5•--.Enc'.(.e-�oc 5�'l- 7'--------------- 171- City,City,State,ZIP 4 c b arc L c) Names Of Abutting Property Owners Anthony Botticello Perrett Place Manchester, Ct. 06040 Propane Gas Service P.O. Box 87 South Windsor, Ct. 06074 Sumitomo Bank Leasing&Finance 277 Park Avenue New York,NY 10172 USI Limited Partnership 6745 Engle Road Suite A Middleburg, OH 44130 Jean Marc Jaques 658 Ellington Road South Windsor, Ct. 06074 PLANNING DEPARTMENT IN-ROUSE REFERRAL FORM TO: Matt Galligan,Fred.S*a ,Michael Gantick, Thomas Field,Bill Lanning,Kris Lindstrom, Ray Favreau, Karl Reichle,Mel Stead,John Collins,Bob Deptula,Jeff Doolittle FROM: Marcia A. Banach, AICP,Director of Planning The Planning&Engineering Departments have received plans for the following project: K o -LO P Location: yao („A G. Site Plan O Subdivision No. Acres y. g Zone y 0(diidustrial O Commercial O Residential No. Lots/Units Water: 'M Public O Private Well Sewerage: q�Vubhc O Septic system(s) Project Description: y a0 Future Town-owned property involved? O Ye No O new street(s) O new detention area O new open space/recreation area O active O passive Planning Department notes: Please comment by ►y 1 and return to the Planning Department. �3T�t��...��. ✓'�..-: � �ir'ow, ,C� l7�(� Burp wlk4�vac i t S ����.s7�� i , h A 1540 Sullivan Avenue,South Windsor,CT 06074 PH 644-2511 ext 253 Fax 644-7280 � South Windsor Planning Department Fcaix To: Attorney Scott Consoli From: Marcia A. Banach, Director of Planning Fax: 509-6501 Pages: 1 Phone: Date: 01/08/02 Re: 420 John Fitch Blvd LLC CC: ❑ Urgent ❑ For Review ❑Please Comment ❑Please Reply ❑Please Recycle Just a gentle reminder that we are awaiting a letter granting a 65-day extension of time for the Planning and Zoning Commission to hold a public hearing on the above-referenced site plan application. The public hearing is currently scheduled for a public hearing on February 26, 2002. We do need the extension letter within the next day or so to avoid complications from not meeting legal advertising deadlines. Also, please forward the corporate resolution indicating that John Reveruzzi is empowered to file the application on behalf of 420 John Fitch Blvd LLC. Thank you for your assistance. 01/09/2002 13:51 FAX 860 509 6501 BRF&G HARTFORD 2 002/003 I�. BROWN RUDNICK FREED & GESMER SCOTT P.CONSOLI Direct Dial Telephone: (860)509-6573 E-MAIL: sconsoliftrfg.com VIA TELEFAX ANII_U.S.Mail January 9, 2002 Planning and Zoning Commission Town of South Windsor South Windsor Town Hall 1540 Sullivan Avenue South Windsor,CT 06074 Re: Application for Special Exception Approval of 420 John Fitch Boulevard, L.L.C. Site: 420 John Fitch Boulevard,South Windsor, CT Dear Commission Members: We are,/vriting on behalf of 420 John Fitch Boulevard, L.L.C. (the "Applicant") in the above-referenced petition. The Applicant is requesting the Planning and Zoning Commission continue the commencement of the public hearing with respect to the above-referenced application in order that we may adequately address issues raised by the Town Planner. Therefore,we are writing to request that the Commission grant us,pursuant to Connecticut General Statutes Section 8-7d(a), a sixty-five (65) day extension of the hearing to allow us to complete this work. This letter shall also serve as the applicant's consent to sucl-i an extension as required under said statute. We will be forwarding to you, under separate cover, a Resolution of 420 John Fitch Boulevard,L.L.C. authorizing John Reveruzzi,as Manager,to execute any and all zoning applications and related documentation. RECCIVCD JA N 9 2002 A Partnership of SOUTH WINDSOR PLANNING DEPT, Professional Corporations CITYPLACE1 185 ASYLUM STREET HARTFORD,CONNECTICUI 06103-3402 860-509-6500 Fax:860-509.6501 Boston/Providence I London I Belgium 01/09/2002 13:52 FAX 860 509 6501 BRF&G HARTFORD CM 003/003 a Planning and Zoning Commission January 9,2002 Page 2 If you hive any questions,please do not hesitate to contact me directly. Very truly yours, BROWN,RUDNICK,FREED &GESMER By: Scott P. Consoli,Esquire SPC/bh cc: John Revenj.zzi #40153021 v\1-regantj[7-nwmgp01l.doc-70777/1 RECtry L j JAN 9 2002 SOUTH W1NDSpR FIAAN'ING DEFT. [9 BROWN WE RUDNICK FREED & GESMER SCOTT P.CONSOLI Direct Dial Telephone: (860)509-6573 ��� E-MAIL: sconsoh@brfg.com VIA TELEFAX AND U.S.Mail JAN 1 0 2002 January 9, 2002 SOUTH WINDSOR PLANNING DEPT. Planning and Zoning Commission Town of South Windsor South Windsor Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Re: Application for Special Exception Approval of 420 John Fitch Boulevard, L.L.C. Site: 420 John Fitch Boulevard, South Windsor, CT Dear Commission Members: We are writing on behalf of 420 John Fitch Boulevard, L.L.C. (the "Applicant") in the above-referenced petition. The Applicant is requesting the Planning and Zoning Commission continue the commencement of the public hearing with respect to the above-referenced application in order that we may adequately address issues raised by the Town Planner. Therefore, we are writing to request that the Commission grant us, pursuant to Connecticut General Statutes Section 8-7d(a), a sixty-five (65) day extension of the hearing to allow us to complete this work. This letter shall also serve as the applicant's consent to such an extension as required under said statute. We will be forwarding to you, under separate cover, a Resolution or`420 John Fitch Boulevard, L.L.C. authorizing John Reveruzzi, as Manager, to execute any and all zoning applications and related documentation. A Partnership of - Professional Corporations _ CITYPLACE I 185 ASYLUM STREET HARTFORD,CONNECTICUT 06103-3402 860-509-6500 Fax:860-509-6501 Boston/Providence/London/Belgium ©0 Planning and Zoning Commission January 9,2002 Page 2 If you have any questions, please do not hesitate to contact me directly. Very truly yours, BROWN, RUDNICK,FREED &GESMER By: t Scott P. Consol , Esquire SPC/bh cc: John Reveruzzi #40153021 v\1 -regantj❑-nwm9p0I Ldoc-70777/1 420 JOHN FITCH BOLVD, LLC 420 John Fitch Bolvd. PO Box 670 South Windsor, CT 06074 Phone 860- 610-0135 Fax 860-610-0137 s, February 14,2002 SOUTH VVINDs01-R,PL Nd i C Ms. Marcia Banach Town Planner Town of South Windsor, Town Hall 1540 Sullivan Ave. South Windsor, CT 06074 HAND DELIVERED Re: 420 John Fitch Boulevard, South Windsor, CT Dear Ms. Banach Per^ our request I am providing you three copies of the environmental report and the draft tr; 11c study for the captioned property. After your review if you have any questions or require additional information please call. Sincerely, n Rever zzi Enclosures M[a BROWN [90 RUDNICK ; t BERLACK 200� ISRAELS LLP SCOTT P.CONSOLI DIRECT DIAL TELEPHONE: (860)50M573 E-MAIL: SCONSOLI@BRBILAW.coM http://www.brownrudnick.com VIA OVERNIGHT DELIVERY February 14, 2002 Ms. Marcia A. Banach Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Application for Special Exception Approval of 420 John Fitch Boulevard, L.L.C. Site: 420 John Fitch Boulevard, South Windsor, CT Dear Marcia: As a follow-up to our discussions, enclosed please find thirteen (13) copies of the following documents in connection with the above-referenced matter for your review: 1. A letter from TRC Environmental Consultants regarding responses to the Wetland Commission's letter dated January 2, 2002; 2. The O & M Plan for the Project; 3. A letter from J. R. Russo regarding site plan and drainage report; and 4. The DEP application guidelines for a volume reduction facility. Once you have had an opportunity to review the attached, please contact me to discuss any questions or comments that you may have. We are anticipating going forward at the February 26, 2002 zoning hearing to begin the public hearing in this matter. Very ru y yo r , Scott P. Consoli, Esq. SPC/cmb Enclosures cc: John Reveruzzi Timothy A. Coon #40154801 v\1 -consolsp-nwn9101!.doc-70777/1 420 JOHN FITCH BLVD, LLC F Fg _i 4 200 420 John Fitch Bolvd. PO Box 670 South Windsor, CT 06074 sou Ttd'Al i ,as0R P I I Phone 860- 610-0135 Fax 860-610-0137 February 19, 2002 Ms. Marcia Banach Town Planner Town of South Windsor, Town Hall 1540 Sullivan Ave. South Windsor, CT 06074 HAND DELIVERED Re: 420 John Fitch Boulevard, South Windsor, CT Dear Ms. Banach Per your request I am providing you thirteen copies of the environmental report and the draft traffic study for the captioned property. After your review if you have any questions or require additional information please call. Sincerely, ohn Reveruzzi Enclosures w MARK R. FRANKLIN p, : :�V5D 120 CHAPEL ROAD FEB 2 6 2002 SOUTH WINDSOR, CONN. 06074 SOUjN WINDSOR PLANNING DEPT. February 26, 2002 Planning and Zoning Commission Town of South Windsor South Windsor, Conn. 06074 Re: 420 John Fitch Blvd.,LLC Dear Planning and Zoning Commission: I would like to express my strong opposition to the application of 420 John Fitch Blvd. or a recycling center at the intersection of Chapel Road and Rt. 5. I will be out of state this evening and unfortunately cannot attend the public hearing, but I do not want to miss the opportunity to make it clear that this is the wrong proposal for that site. I have already spoken at the Inland Wetlands Agency, and my wife and I submitted a letter to that agency, which I have attached. In addition to the negative affect on the wetlands and groundwater, it appears that other aspects of the environment could be endangered as well. As the debris is transported by train and truck,and"reduced"to small pieces, I am concerned that this could lead to dust and airborne pollutants. Although the applicants have stated that shippers will have to submit manifests that there are no hazardous substances, it appears that the accuracy of those manifests will be up to the demolition contractors who send their debris. If any of those manifests are inaccurate,there is the risk of hazardous substances such as asbestos,dust containing lead paint or pulverized pressure treated wood(which contains arsenic) being released into the atmosphere. There will also be an increase in traffic, not merely by truck but by trains transporting demolition debris to the site. I suggest that the commission consider the impact on safety due to an increase in both truck and rail traffic to the site. Route 5 certainly needs an upgrade, as it is the gateway to the western part of South Windsor.Approval of this application will only cause deterioration of the Route 5 area, perhaps irreversibly. Please consider the negative impact on the town of South Windsor of this application and reject this application. Very truly yours, ark R. Franklin MARK AND KATHLEEN FRANKLIN 120 CHAPEL ROAD SOUTH WINDSOR, CT 06074 January 21, 2002 South Windsor Inland Wetlands Agency and Conservation Commission Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 Re: Application 01-48P 420 John Fitch Boulevard Dear Commission members: We are extremely concerned about the captioned application for a recycling processing plant near the intersection of Chapel Road and John Fitch Boulevard. There are a number of reasons why this is the wrong use for that site, but we will deal solely with the affects on the inland wetlands and nearby groundwater. The site is just 400 yards away from the Podunk River on two sides, to the north and the west. There was testimony at the December 19,2001 hearing that the site was over an area with considerable clay, and that groundwater would flow over that clay. Presumably, any solvents or other pollutants from the site would flow toward the Podunk River, and also through the groundwater toward the Chapel Road neighborhood,where the homes have individual wells. From comments at the hearing, it also appears that homes on Park View Drive also have individual wells. In addition, sediment from crushed materials flowing away from the site would likely silt the Podunk River. As you are probably aware, the Connecticut River Watershed Council and the Department of Environmental Protection are working on building a fish ladder at the Mill on the River. It would be unfortunate if their efforts were undermined by pollution and siltation of the Podunk River. We are concerned about some comments at the December 19 hearing that seemed to take a crimped view of your agency's authority. In fact,your agency has broad powers to protect the wetlands within the town Inland Wetland/Watercourse and Conservation Regulations, and the Connecticut Supreme Court has repeatedly found that the state Inland Wetlands and Watercourses Act gives municipal wetlands agencies wide discretion to exercise similarly broad powers over activities affecting the wetlands and water courses, whether or not those activities are actually in the wetlands. In the South Windsor wetland regulations, "Regulated Activity" is defined at section 2.1(U)not simply to be limited to the actual wetlands and the 80-foot buffer..That definition also provides, "Because certain activities have an adverse impact on wetlands, activities outside these distances are regulated if the Agency determines they are likely to cause or have the potential to cause adverse impact on a regulated area." The regulations also require the agency at section 11.2 to take into account"(A) The environmental impact of the proposed regulated activity on wetlands or watercourses,"and"(F)Impacts of the proposed regulated activity on wetlands or watercourse outside the area for which the activity is proposed and future activities associated with or reasonably related to,the proposed regulated activity which are made inevitable by the proposed regulated activity and which may have an impact on wetlands or watercourses." As recently as a decision released September 25, 2001,the Connecticut Supreme Court in Queach Corp. v. Inland Wetlands Commission of Branford 1 held, Section 22a-42a(fl [of the Connecticut General Statutes] provides that a wetlands agency may regulate activities outside of the wetlands areas, "[I]f a municipal wetlands agency regulates activities within areas around wetlands or watercourses"and"those activities . . . are likely to impact or affect wetlands or watercourses."This statutory language effectively codifies our previous statement in the seminal case of Aaron v. Conservation Commission . . . wherein we emphasized that"[a]n examination of the act reveals that one of its major considerations is the environmental impact of proposed activity on wetlands and water courses, which may, in some instances, come from outside the physical boundaries of a wetland or water course."In Aaron, we held that activity that occurs in nonwetland areas, but that affects wetlands areas, falls with the scope of regulated activity. The court underscored the broad flexibility inland wetlands agencies have. "The [state Inland Wetlands] act allows a commission enough flexibility to adapt `to infinitely variable conditions for the effectuation of the purposes of these statutes." The court in the Aaron case quoted a treatise on Connecticut land use law in noting, "Obviously, one can`cause' pollution(or many of the other regulated activities) of a wetlands by action on parcels adjacent to and perhaps even remote from designated wetlands. A In addition to the Queach Com. and Aaron decisions, municipal wetland agencies' authority to regulate activity that occurs in nonwetland areas, but which affects 1258 Conn. 178(2001). 2 183 Conn.532(1981). 3 Id quoting Aaron v.Conservation Commission,supra. 4 Aaron v.Conservation Commission,supra.,quoting Tondro,Connecticut Land Use Re lu ation(1979). 2 wetlands, has also been upheld by the Connecticut Supreme Court in Mario v. Town of Fairfieldand Cioft'o.]&ti v. Planning&Zoning Commission of the Town of Ridgefield�_6_ It is apparent that the captioned application will involve activities taking place in the designated buffer area-- as well as in a nonwetland area--that will have a very serious affect on adjacent wetlands, on the Podunk River and on neighboring ground waters. The river is likely to be affected by silt and pollutants, and the groundwater is likely to be affected by spilled pollutants flowing through the groundwater over the impermeable underlying layer of clay,and into neighboring wells. The agency clearly has the authority to prevent this impact by denying the application. We hope the agency accepts the responsibility that goes with that authority. Very truly yours, �r Mark and Kathleen Franklin s 217 Conn. 164(1991), e 209 Conn.544(1989). 3 [011 BROWN MH RUDNICK BERLACK ISRAELS LLP SCOTT P.CONSOLI DIRECT DIAL TELEPHONE: (860)509-6573 E-MAIL: SCONSOLI@BRBILAW.COM http://vvww.brownrudnick.com VIA HAND DELIVERY February 26, 2002 Ms. Marcia A. Banach Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Special Exception Application of 420 John Fitch Boulevard, LLC Regarding Property located at 420 John Fitch Blvd., S. Windsor, CT Dear Marcia: In connection with the above-referenced matter, we are writing at this time to withdraw the Application for Special Exception filed in connection with property known as 420 John Fitch Boulevard, South Windsor, Connecticut. The Application is being withdrawn without prejudice at this time in order to more fully address certain issues that have been raised concerning this Project. Upon addressing these issues we anticipate filing a new application. On behalf of 420 John Fitch Boulevard, LLC, I would like to thank the Commission for its time and consideration in this matter. Very ruly yours, Scott P. Consoli, Esq. SPC/kmr cc: John Reveruzzi #40155259 v\1 -consolsp-nwnzv01 Ldoc-70777/1 CityPlace I Hartford,Connecticut 06103 860.509.6500 fox 860.509.6501 www.brownrudnick.com Boston I Dublin I London I New York I Providence ' OWN Sf4 I r 71awn Ole sloam ?1)&U&at 0 s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR COS' AREA CODE 860/644-2511 March 3, 2002 Scott P. Consoli, Esq. Brown, Rudnick, Berlack, and Israels City Place 1 Hartford, CT 06103 Re: Appl 01-48P—420 John Fitch Blvd Dear Mr. Consoli: Please be advised that the Planning&Zoning Commission accepted your request to withdraw the above referenced application at the February 26, 2002, Planning and Zoning meeting. Sincerely, K ` /vO �J Kevin McCann, Chairman Planning and Zoning Commission KMcC/kag cc: John Reveruzzi J. R. Russo &Associates 1383+8 TOWN OF SOUTH WINDSOR TOWN OF SOUTH WINDSOR ufes May 27 1997 Minutes -5- Ma 2 -6- _ eon a site visit, it came to staff s attention that there is some empty storage containers being stored on Mark Zessin of Anchor Engineering Services, Inc. and representing the applicant said it is proposed construct a building containing approximately 6200 sq ft. The building will be used to sort cons tructse adjacent property to the north. The applicant has been advised that PZC approval will have to be demolition materials and bulky waste. These materials, in the past,have been deposited in landfills. ught to allow those storage containers to remain. It is not a part of this application. Incineration has been developed for municipal solid waste in addition to recycling. Landfill use cai maximized by implementing volume reduction facilities such as the one proposed which would rem •s application is approved, the planning department has no modifications to request. wood and metal materials from the solid waste stream. Zessin continued by describing the procedur planned for this facility. h provided to the Commission the following comments from the Town Engineer dated May 23, 1997. Banach provided to the Commission the following comments from the Planning Department: have reviewed the revised drawings dated 5-22-97 for the proposed Sanitary Waste Site Plan and have following comments: 1. Application for a special exception to Article 6.1.3.7 and site plan amendment for the addition o sq ft building for a volume reduction facility to the rear of the existing site located at property on. nage calculations have not been provided. Nutmeg Road North, I zone. A-2 survey is required with original seal and signature of licensed 2. The volume reduction facility would include bulky waste, construction and demolition matena Is surveyor. facility of this type is permitted as a special exception use and can be approved by PZC after pu of leaders not addressed. hearing. Special exception criteria to evaluate proposed used in the Industrial zone include: 1 s Grading is placing additional stormwater runoff onto property of N/F J.P. Monarch, Inc. * Goals and objectives of the Town Plan are met; '- * Adverse traffic impacts are not created; A drainage structure should be provided to catch runoff from ramp. * The land is physically suited for the proposed use; Stl * Adverse environmental impacts are not created; The south property comer(at Nutmeg Road)indicates that"Rail Road Spike to be set". This should be a * There is a balance between neighborhood acceptance and community need; '; fdandard iron pin. * Present and proposed utilities etc. is adequately protected; i * Overall physical appearance of the proposed development is compatible with the surround' ,A detail is needed for the storm pipe trench. i :. property. arrived at the meeting at 7:50 p.m. 3. Site size is 5.6 ac. Proposed building coverage is 26%, 50% allowed. Impervious coverage is allowed. It appears that all other zoning requirements have been met. x; one from the public spoke in favor of or against this application. 4. There are no regulated wetlands on the property and no activity proposed off of the existing pa Sion ensued among the Commissioners with the following comments and concerns: therefore no IWA/CC permit is required. There is no 100-year floodplain on the property. Jhe acceptance of stumps etc., from the Town 5. Public water and sewer are available and already service the site. WPCA approval is not re .v =Plan should show reference to other properties owner must obtain a DEP Solid Waste Permit for the operation of a processing facility. 'Fels of entry and exit to the building for the trucks 6. The proposed building is a metal building and wi811 match the color of the existing facility. proposed building will not be visible from Nutmeg Road North. to the above comments and concerns: 7. The Architectural Design&Review Committee reviewed these plans and commented that di lie firm does not pick up for the Town because the Town has their own trucks plantings (other than white pines) should be planted along the southerly side of the building dlower bay is used for cardboard recycling; the two center doors are used for drop-offs of wood and/or space constraints (only 10 between the building and property line) and the potential size of , the pthe Lowe bay ien top s trucks will be placed on the extreme right hand side of the facility for '1 pines. Y approximately 10 lower than the two larger doors closed the public hearing at 8:10 p.m.