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HomeMy WebLinkAboutSite Plan of Development (98) TOWN OF SOUTH WINDSOR PLANNING& ZONING COMMISSION APPLICATION FORM RECEIVED Application No: D' MAY 2 8 2004 Official Receipt Date: u j� l(3T Receipt No: SOUTH WINDSOR PLANNM DEPT. APPLICANT: John J. Mitchell ADDRESS: 1209 Sullivan Avenue OWNER OF RECORD ON LAND RECORDS: John J. Mitchell ADDRESS: 1209 Sullivan Avenue, South Windsor, Connecticut 06074 COMPLETE LOCATION OF PROPERTY: _1199/1209 Sullivan Avenue(1.86 Ac) ASSESSOR'S MAP# 88 PARCEL# 6 ZONE A 20 NAME, ADDRESS, TEL&FAX#OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Peter R. DeMallie, Design Professionals, Inc., 165 South Satellite Road, South Windsor, Connecticut 06074 860-291-8755 860-291-8757 THIS APPLICATION IS FOR: (Check all that apply): 1- Zone Change to (Public Hearing required and Certified letter to abutters required) F Subdivision/Resubdivision r Open Space Subdivision(Public Hearing Required) r- Subdivision F"Minor r- Major ' •Resubdivision(Public Hearing Required) r- Minor r- Major ;, r • Conditional Approval r- Special Exception to Article (Public Hearing, Certified letter to abutters Site Plan of Development l- General Plan of t°Earth Filling(Sec. 15)and/or Earth Removal(Sec. 14- Public Hearing Required) f- Regulation f Zoning F Subdivision (Attach proposed amendment) r- Temporary and Conditional Permit l" Major Home Occupation for t- Other(explain in detail) An Application Pending sign is required to be posted on the property for l a plications ten (10) days riprio to being heard by the Commissi, ,", n go . Signat a of Ap ' a Signa re ofPr6pefty dv r Appl #04-44P, Mitchell Fuel Site Plan 7/13/04 Planning Department Report 1. Request for site plan approval for an addition to the existing Mitchell Fuel facility as well as site improvements for property located at 1105 Sullivan Ave., A-20 zone. Proposed building coverage is 8.9%; 15% allowed. There is no maximum impervious coverage in residential zones. Proposed building height is >30 feet; 30 feet allowed. Lot size is 1.5 acres; minimum lot size allowed is 20,000. Frontage is 314; minimum allowed is 150 feet along Sullivan Ave. in the access management overlay zone. 2. This use on this site was initially established by variances in 1976. In February 2004, the applicant received a modification from the ZBA to allow the following: 5 fuel delivery trucks, 7 service trucks and 4 bay garage addition (conditioned on site plan approval). 3. This property is subject to the requirements of access management, however a variance was granted to the section of the regulations related to the number of driveways allowed for a site (allowing them to keep two curb cuts). The ZBA cited the two driveways were necessary to separate the residential and commercial uses on the property. 4. On,site pedestrian access has been provided howeve , there is not sidewalk rrently along Sulivan Ave.`'As the comrliission is away there is a q estion abou he require ents of sidewalks associated with the,approval of tfie,River Walk , RD project.We would` recommend that sidewalks be added along the frontage of this property. 5. There is outdoor storage proposed on the northerly side of the new addition and it will be enclosed within a chain link fenced area and screened with slats. What kinds of materials are anticipated to be stored outside? Please be advised that all dumpsters in this area must be placed on a concrete pad. 6. The applicant will be redesigning their on-site parking and are showing 14 spaces. The zoning regulations require 7 spaces based on the office use and the residence on the property. 7. This application was approved by the Architectural and Design Review Committee on June 3 and had the following comments: 1. The applicant should explore alternative evergreens (taller), to be inter-planted amongst the junipers, along the front parking area to provide more screening of the new building. 2. Light shield should be added to existing light (if necessary) to prevent light from trespassing off-site. 3. In the event the applicant is unable to get approval for the building sign as presented, the Committee requests that a dormer with double hung windows be added. 8. There is no new lighting being added to the site. 9. The applicant is proposing to landscape the area in front of the parking lot being created. In addition, the applicant had indicate at the River Walk public hearing that they would be providing a 10' wide landscape easement along the boundary. It appears that there is a "• underground pipe in this area and we have asked the applicant's engineer to let us know whether plantings should be placed in this area. 10. The applicant has an existing free standing sign which received a variance. A recent sign permit was issued and the zoning officer is waiting to hear back from the state about approval in this location. The applicant should either finalize arrangements with the state of move the sign onto his property. The architectural elevations show a building sign which is currently not allowed under zoning (because it is a residentially zoned property). If the applicant intends to have a building sign, he is allowed a 2 sf sign or he can make an application to the ZBA for the proposed sign. 11. There are no regulated wetlands on the property, however there is a small amount of activity taking place within the upland review area. 12. This property does fall within the CT Water Company's Aquifer recharge area for the Kupchunos Wellfield, and therefore subject to a review by the Connecticut Water Company. They have recommended that the applicant comply with the best management practices including the following: • New underground fuel storage tanks should be prohibited • The existing above ground 275 gallon kerosene tank and 500 gallon used motor oil tank should each provide with containment designed to hold 110% of the total volume of tank. •w The two existing 1000 gallon underground heating oil storage tanks that were installed in 1973 and 1978 should be tested to determine if they are leaking. Because of these tanks, tA g we recommend they be removed. Any replacement tanks should be above ground with Lthe appropriate containment. • Outside storage of chemicals should be prohibited. • CWC should immediately be notified of any spills or discharge of fuel oil/gasoline. 13. The Town attorney had been asked by the Planning Department/Zoning Enforcement Officer to render opinion based on complaints that had been filed with the Town. That legal opinion was made available tonight and does have some implications on how the site can be used. The Commission may want to place approval conditions on this site until further uses are permitted through modification to the ZBA variances. - / /wfV k( Salto 14. The site is serviced by well water and septic. — U 15. If this application is approved, the planning department has no additional modifications to request. t: V Ti� O-P S"V� ?d U&V L 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 ♦N�OR. AREA CODE 203/644-25U May 13, 1985 CERTIFIED MAIL Mitchell Fuel Co., Inc.. 1209 Sullivan Avenue South.Windsor, CT 06074. Attention: John J.-Mitchell, Jr., Vice President Dear. Mr. Mitchell: The- application of Mitchell Fuel Company, Inc.- to the South Windsor Zoning Board of Appeals. requesting a variance to Section 4.3.6 of the.Zoning Regulations has been-granted. The Hoard voted to allow one free-standing. sign not to exceed- 24 square feet to be located. at the south edge of the driveway,_ six feet from the road, as shown on the map submitted with the application. In granting- this variance the Board noted that. it was difficult to see the business from the street, and the additional sign would help. The Board indicated that the sign should include the name of the business. This action is. effective May 24,. 1985 and upon your filing the enclosed form- in the:Town Clerk's Office. Very fly yours, . ,L Thomas Murrin,. Chairman Zoning. Board of Appeals. TM/src encl. Connecticut Water Company , 93 West Main Street Coy ct�c �►oIll�Cer Clinton, CT 06413-1600 Office:860.669.8636 Fax: 860.669.9326 Customer service:800.286.5700 November 26, 2003 Ms. Marjorie Anthony, Chairperson Zoning Board of Appeals Town Hall 1540 Sullivan Avenue South Windsor, CT 06074 Re: Mitchell Fuel Company, 1209/1199 Sullivan Avenue Dear Ms. Anthony: The Connecticut Water Company has received the required notification for this proposed project. This property is located within the aquifer recharge area of our Kupchunos Wellfield, as delineated by our Department of Environmental Protection (DEP) approved Level B aquifer protection map. The Level B aquifer protection maps are an initial delineation of the aquifer protection area. The Level A aquifer protection maps,which are required to be developed by water utilities,will delineate the area to be regulated by the DEP's Land Use Regulations which the local Aquifer Protection Commission will be required to implement., The DEP has developed Land Use Regulations which will prohibit and/or regulate specific uses that could detrimentally affect the water quality within the Level A aquifer protection area. The type of activities currently used on this site will be prohibited by the DEP Land Use Regulation because of the potential for groundwater contamination. Since this is an existing use,we recommend the Commission should consider requiring the applicant to comply with the following best management practices. I. New underground fuel storage tanks_should be prohibited. 2. The existing above ground 275 gallon kerosene tank and 500 gallon used motor oil tank should each be provide with containment designed to hold 110%of the total volume of the tank 3. The two existing 1000 gallon underground heating oil storage tanks that were installed in 1973 and 1978 should be tested to determine if they are leaking. Because of the age of these tanks,we recommend they be removed. Any replacement tanks should be above ground with appropriate containment. 4. . Outside storage of chemicals should be prohibited. Y 5. CWC should be immediately notified on any spills or discharge of fuel oil/gasoline. Source protection is a vital concern of Connecticut Water Company and we appreciate the opportunity to comment on proposals that may affect our sources of supply. Sincerely, Cin y S. F2deiro Manager Source Protection and Real Estate Cc: DFL,MJC P. DeMallie J RECEIVED �4OWN se 4 'U MAY 2 8 2004 7♦ O - + Y 00 t-�� ?d&ul&�'tSOUTH WINDSOR PLANNING DEPT. C � � U s � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 l�Osox-co`'� TELEPHONE (860) 644-2511 February 10, 2004 CERTIFIED #70020510000081151379 } Design Professionals, Inc. Attn: Peter DeMallie 165 South Satellite Road South Windsor, CT 06074 Re: Appl. #2596-03—John J. Mitchell, 1199/1209 Sullivan Avenue, A-20 zone Dear Mr. DeMallie: At the meeting of the South Windsor Zoning Board of Appeals held on February 5, 2004, the Board made the following motions for property at 1199/1209 Sullivan Avenue, A-20 zone. Approve modifications to prior conditions of a variance dated 9/2/76 to allow: 5 fuel delivery trucks; 7 service trucks and a 4 bay garage addition (with conditions). The Board concluded the hardships on the property related to the modifications of the prior variance to be as follows: Five fuel delivery trucks Changes in Federal regulations governing the subject business rendered the conditions set as unreasonable and unenforceable. Seven service trucks Reasonable expansion of the business. A four bay garage extension Homeland Security requirements stipulate how said trucks must be stored, which caused the 1976 conditions to be unreasonable and unattainable with the current three bay garage. The condition placed on this approval is as follows: Approval is contingent upon site plan approval by the Planning & Zoning Commission. Approve with conditions a variance to section 3.A.2 (a) (1) to allow 2 driveways on subject property. The hardship identified was the layout of the current commercial use and the existing house creates a need for the second driveway. The second driveway will separate the commercial traffic from residential traffic. 'C Appl. #2596-03—John J. Mitchell February 10, 2004 Page 2 The condition placed on this approval is as follows: Approval is contingent upon site plan approval by the Planning &Zoning Commission. Deny without prejudice the request to modify the condition regarding the number of fuel oil storage tanks. The applicant failed to show a hardship related to the property. The use of these tanks should be reviewed with the Town Attorney and Zoning Enforcement Officer to ensure that their continued use complies with regulations as varied. Deny without prejudice a 50' variance to section 4.3.10 to eliminate buffer. The Board concluded that a buffer is not required by the zoning regulations. Deny without prejudice a variance to section 4.3 to allow a second house. The applicant failed"to show a hardship on the property which was not self imposed. Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, - `Stephen Wagner, Chair erson Zoning Board of Appeals SW:dr cc: Building Department John J. Mitchell Connecticuf Water Company ,�- 93 West Main Street Clinton, CT 06413-1600 Office_860.669.8636 ' Fax:860.669.9326 Customer Service:800.286.5700 November 26, 2003 Ms-Marjorie Anthony, Chairperson_ Zoning Board of Appeals Town Hall `1~540 Sullivan Avenue South Windsor, CT 06074 Re:Mitchell Fuel Company, 1209/1199 Sullivan Avenue Dear Ms. Anthony: The Connecticut Water Company has received the required notification for this proposed project. This property is located within the aquifer recharge area of our Kupchunos Wellfield,as delineated by our Department of Environmental Protection (DEP) approved Level B aquifer protection map. The Level B aquifer protection maps are an initial delineation of the aquifer protection area. The Level.A aquifer protection maps,which are required to be developed by water utilities,will delineate the area to be regulated by the DEP's Land Use Regulations which the local Aquifer Protection Commission will be required to implement. The DEP has developed Land Use Regulations which will prohibit and/or regulate specific uses that could detrimentally affect the water quality within the Level A aquifer protection area. The type of activities currently used on this site will be prohibited by the DEP Land Use Regulation because of the potential for groundwater contamination. Since this is an existing use,we recommend the Commission should consider requiring the applicant to comply with the following best management practices. I. New underground fuel storage tanks should be prohibited- 2- The existing above ground 275 gallon kerosene tank and 500 gallon used motor oil tank should each be provide with containment designed to hold 110%of the total volume of the tank 3. The two existing 1000 gallon underground heating oil storage tanks that were installed in 1973 and 1978 should be tested to determine if they are leaking. Because of the age of these tanks,we recommend they be removed_ Any replacement tanks should be above ground with appropriate containment. 4. Outside storage of chemicals should be prohibited. 11/113/LUUa Inn lL:4G "AA ovv -Y'- rcov ovu.,L rr ia...ov. ivnu nail o --- Public Water Supply Watershed or Aquifer Areas Project Notification Form Requirement: All applicants before a municipal Planning and Zoning Commission;Inland Wetland Commission or Zoning Board of Appeals for any project located within a public water supply aquifer or watershed area are required by Sections 8-3i and 22a-42f of the CT General Statutes to notify the affected water utility by certified mail within 7 days of the date of the application. General Information: 1. Location map of the project site(please show enough information to locate site). 2. Site plans including soil erosion and sediment control plan which have been submitted to the town commission for review- 3. Project address 1199/ 1209 Sullivan Avenue, South Windsor 4. Total acreage of project site 1.$5 Acre 5_ Existing land use Mitchell Fuel/ Residential (Zone A-Oqo 6. Project description ZBA Application -- see -attached.-- 7. Acreage of are to be disturbed including structures,additions,paving,and soil disturbance 1. Relocated house/ drive / garages (2) with new sidewalk: 9,003 S.F. + 2. New four bay garage/ new dries entrance: 7,460 S.F.+ 8. Type of sanitary system(circle one)-Eitheir ublic sewer/other/none9_ Number of existing or proposed floor point of discharge e.g. sanitary sewer,holding tank,or ground No floor drains 10.Water accessed by (circle one)-private Well/public water/other/none; If other,please specify 1209 Sullivan is public water (business) 1199 Sullivan is on well Oesidential) 11.Distance of site disturbance to nearest watercourse or wetland 100 feet + 1111J14VVa 111V 1G.44 r:]n oov u-i-, aoo ovu�u .ei„,ova avnu ,acaa.i v -- --- 12.Brief description of existing or proposed stormwater management system,including roof drainage,paved areas etc.,and discharge points e.g.municipal sewers,drywells, streams,vegetated areas,detention basins etc. Discharcp of stormwat r management system is to the west and off site. Individual catch basins have /A two foot sumps with oil sorbentlooms and each basin discharge goes through anA oil water separator before discharging. 13_Type of heat for facility Fuel Oil/ Kerosene 14.List of existing and proposed underground or above-ground storage tanks including -age,capacity and contents See sheet attachment 15.List of potentially harmful chemicals stored or used on property(existing and proposed)and typical onsite volumes,including but not limited to petroleum -products,lubricants,solvents,detergents and pesticides See attached list- for No 14 (In addition to the attached list chemical storage onside includes: small supplies of lubricants and solvents for service trucks and use in the field. 16,Describe any wastes generated and their means of disposal_ 1 _ nff i c-P (wh,Vt P Wiper) - 50 gal bin for recycle 2. 4 cy dumpster (cardboard) -- recycle 3. 4 cy dumpster (refuse) 4. motor oil drainin s/ fuel oil draining into above ground 500 gallon tank for burning at garage. IT Date application will be heard by Planning and Zoning Commission not set 18_Date application will be heard by Zoning Board of Appeals 11/06/03, continued hearing to 12- -03. 19-Date application will be heard by InlanQ Wetlands Commission//ZO 3 Q� AD IdIVP_3. 20.Name,ad Tess and telephone number 6f contact person for the project Richard L. Boston Design .Professionals, Inc. ` ad�J3 o� i .sdkl 0�07Y R.L.Boston J. Mitchell Name of person completing form Signature ate RECEIVED " Stormwater Management Plan MAY 2 8 2004 John J. Mitchell 1199/1209 Sullivan Avenue SOUTH WINDSOR PLANNING DEPT, South Windsor, Connecticut Prepared by Design Professionals, Inc. 165 South Satellite Road South Windsor, CT 06074 DPI Project No. 04-1687 ("QN May 20, 2004 *`s 01 on r Table of Contents: Page# Introduction 1 Proposed Development 1 Off-Site Analysis 1 Peak Runoff control 1 Nonstructural Drainage System 1 Riparian Buffers 1 Erosion/Sedimentation Control Systems 1 Conveyance System 1 Discharge at the Natural Location 2 Maintenance and Operation 2 Floodplain Boundaries 2 Drainage Design 2 Water Quality 2 Conclusions 2 Introduction: The site presently contains the Mitchell fuel company, and a single family home on 1.86 acres of land. Proposed Development: The proposed improvements to the site include the installation of a 3 bay garage immediately adjacent to an existing garage, the removal of an existing barn, and the alteration of the existing paved entrances on the site. The proposed alterations to the paved entrances will be done in conjunction with the adjacent River Walk development. There will be minor alterations to the existing storm sewer system on site consisting of the removal of one existing catch basin in the area of the proposed building, and the installation of an additional catch basin in the same area. In addition,there will be one additional catch basin installed in the area of the existing oil-water separator. Off-Site Analysis: The site presently drains to the west off-site to the Podunk River. The site will continue to drain in the same direction. Peak Runoff Control: The proposed improvements to the site will result in a net reduction in impervious coverage, and therefore a net reduction in peak runoff from the site. Nonstructural Drainage Systems: Portions of the site presently drain overland off-site. Under developed conditions, most of the site that presently drains overland will continue to do so. Portions of the paved site that presently drain overland will be collected in the storm drainage system. Riparian Buffers: The existing vegetated areas on the west side of the site closest to the wetlands off-site will be maintained in the existing vegetated condition except for a very small area of additional pavement. The additional pavement is required in order to collect runoff from a paved area into the storm drainage system for treatment through the existing oil-water separator. Erosion/Sedimentation Control Systems: An extensive erosion/sedimentation control plan has been developed as part of the site design. These measures include the following: 1. Installation of silt fence down-slope of disturbed areas. 2. Installation of silt fence around stockpiled materials. 3. Installation of silt fence around catch basins. 4. Seeding and mulching disturbed areas as soon as practical during construction. 5. Limiting the areas of disturbance during construction. 6. Sweeping of paved areas as needed. 7. Maintenance of the above measures. Conveyance System: The on-site conveyance system consists of a piped stormwater system discharging through the oil-water separator toward the wetlands. Discharge at the Natural Location: The site presently drains to the west of the site toward the Podunk River, and will continue too under developed conditions. Maintenance and Operation: The following maintenance operations will be required to ensure the proper and efficient operation of the Storm Water System. The following maintenance schedule is intended to be a minimum guide, and additional inspections and maintenance measures may be required following large storm events that could cause the deposition of excess debris in the system. Pipe Outlet Locations: The pipe outlets and associated riprap shall be inspected annually and cleaned of silt and or debris. The riprap shall be re-shaped and replenished as required. Catch Basins: The Catch Basins shall be inspected annually. The sumps shall be cleaned when the depth of material within the sumps reaches 1'. Pavement Sweeping: The pavement areas shall be swept at a minimum of once per year, in the spring shortly after the end of the snow season. Floodplain Boundaries: There aren't any floodplain boundaries on the site. Drainage Design: The site was analyzed under existing and developed conditions for impervious coverage. Under developed conditions, with the removal of the barn and realignment of the pavement, the site will have a net reduction in impervious coverage. g P � p g As such, the site will have a net reduction in runoff under developed conditions. The existing storm piping on site is primarily 8" in size. A discussion was held with the owner regarding whether there are any problems presently with the drainage from the site. Based on this discussion, we understand that the storm drainage on site functions adequately, and there is no need or desire on the part of the site owner to upgrade the existing system. Water Quality: The storm runoff from the site is presently routed through the oil/water separator on site. The runoff will continue to be routed through the oil/water separator under developed conditions. Conclusions: The on-site stormwater system with the associated oil/water separator will- mitigate any potential water quality impacts from the development of the site. The net. impervious coverage on site is being reduced, and therefore, the net peak runoff from the site will also be reduced as part of the proposed improvements on site. DESIGN PROFESSIONALS, INC. RECEIVED civil engineers ♦ planners ♦ surveyors MAY 2 8 2004 gis ♦ gps ♦ landscape architects SOUTH WINQ�ORJLAMN G DEPT. Transmitted via certrr, e maz May 28, 2004 Dear Current Abutting Property Owner Re: Application of Mitchell Fuel Company 1199/1209 Sullivan Avenue South Windsor, Connecticut DPI Project No. 1687 In accordance with regulations of the Inland Wetlands Agency and the Planning&Zoning Commission,we are required to notify you that an application has been filed on the property abutting yours and is subject to a hearing(s)by the Inland Wetlands Agency and Planning& Zoning Commission. The applications and plans are on file with the South Windsor Planning Department in the Town Hall. As an abutting property owner you are invited to the hearing(s)to ask questions and/or give comments, however, you are not required to attend. You may also submit written comments regarding the application(s)prior to the meeting if you so desire. For further information regarding the specific date this application will be heard, please contact Kelli Koehler, Administrative Secretary, Michele Lipe,Deputy Planning Director, or Jeffrey Folger, Environmental Planner, at the South Windsor Planning Department at 644-2511, ext. 253,,252 or 229, respectively. Thank you. Sincerely, DESIGN PROFESSIONALS,INC. By: Richard L. Boston, RLA Director of Landscape Architecture cc: Jeffrey Folger Marcia Banach John Mitchell 165 South Satellite Road,South Windsor, Connecticut 06074 Tel: (860)291-8755•Fax: (860)291-8757 Email:dpicivil@aol.com RECEIVED Direct Abutters Lists PAY 2 9?4 Mitchell Fuel Company Sullivan Avenue cr•!Ir}-i ININQSp�Pb'.' South Windsor, Connecticut DPI Project No, 02-1687 Map/Lot No. Pro a Owner Mailing Address 88/1 Town of South Windsor 1540 Sullivan Avenue 88/7 Corner Meadow,LLC 40 Windy Hill Road 88/5 Lorraine M. Dodd 1177 Sullivan Avenue RECE'VED HIGHLAND SOILS uc JUN 0 2 20I_lt June 1,2004 SOUTH WINDSOR PLANNING DCPI. Richard Boston Design Professionals,tm. 165 South Satellite Road South Windsor,CT 06074 RE: WTCHELL FUEL COMPANY 119911209 SULLIV"AVENM SOUTH!<f7 W01%CT Dear Dick: The inland wetland boundaries on the above-referenced property were field delineated on March 19,2003. The wetlands viem field delineawd in accordance with the standards of the National Cooperative Soil Survey and the definition of wetlands as found in th6,Conn,ecticut General Stattrtes,Chapter 440,Section 22A-3 R.. I have reviewed the plans prepared by your office and have found the representation of 1)�e field delineated wetlands to be ply correct. No mWilated wcdm ds or wateroatuses were toted on the ptnperty. Wetland resources were noted off of the property and are accurately depicted on the plans. The soils one the property of Mitchell Fuel have been altered in the past. The areas amund the buildings and parking areas are classified as Urban Land 'The soils to the rem of the buildings are classified as Udorthents or man-made sails. The off-site wetlands were Identified as belonging to the poorly chained Shaker Sex ies. if you have any questions,or require additional infonnation,please call me at(0" 742.58M. VeryV* JA C,�-1---, Jobn P.lanni Professional Soil Scientist CPESC i c.Edoaunents and settings%igb1md 9ofls11e120M9b doc P.O.box 337,Storn,Conmeticut 06268 (860)MZ868 � From: "William Lannino"<VV Lanni .org> To: "Km|iKoehler <komh ndowrorg> Date: 6/2/049:20AM Subject: RE:App 04-4OP. Mitchell Fuel Company From: Kelli Koehler[mailto:koehle@southwindsor.org] Sent:Wednesday, June 02, 2004 8:49 AM To: Bob Deptula; Jeff Doolittle; Chris Dougan; Ray Favreau; Matt Galligan; Mike Gantick; Kristian Lindstrom; Sgt. Rich Bond; Karl neiu /*; Fred Shaw; Dennis Sheridan; Melvin Stead; William Lann/ng 8ubjamt:Amo O4-40P. Mitchell Fuel Company Please respond with any comments to the attached in-house referral. Thanks and have o great day! KoUiKoah|mr Admin|otriativeGecrmtary � No Problem with this application. Wm. R. LmnninQL SOW N Se O x O-Ps-our � c 1540 SULLIVAN AVENUE *.SOUTH WINDSOR, CT 06074 r�Os0 co TELEPHONE (860) 644 2511 June 23, 2004 Mr. Joseph Mark Millward 1200 Strong Road South Windsor, CT 06074 SUBJECT: 1209 Sullivan Avenue - Mitchell Fuel Dear Mr. Millward: This letter is in reference to your complaint concerning the Mitchell Fuel business, located at the subject property. The South Windsor Town Attorney Barry Guliano is in the process of forming an opinion on this. As soon as he does,you will be informed of the results. Sincerely, —km Joy L. O'Connor Zoning Enforcement Officer cc: Director ofxPlanning Town Attorney Town Manager 11pW N Sf4 y x F T�0� 011 O J m � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 soR'c° TELEPHONE (860) 644 2511 June 23, 2004 Mr. Paul P. Roulier 1180 Strong Road South Windsor, CT 06074 SUB]ECT: 1209 Sullivan Avenue - Mitchell Fuel Dear Mr. Roulier: This letter is in reference to your complaint concerning the Mitchell Fuel business, located at the subject property. The South Windsor Town Attorney Barry Guliano is in the process of forming an opinion on this. As soon as he does,you will be informed of the results. Sincerely, Joy L. O'Connor Zoning Enforcement Officer cc: Director of Planning Town Attorney Town Manager South • • Planning Department Memo To: Peter De Mallie, Design Professionals From: Michele Lipe,Assistant Director of Planning Date: 6/29/2004 Re: Mitchell Fuel Review Comments 04-40P Following are review comments from the Planning Department. Please make appropriate revisions and submit seven complete sets (including landscaping and architectural elevations)to the Planning Department at least 10 days prior to the scheduled public hearing (scheduled for July 13th. Engineering comments will be forthcoming. If you have any questions, please call. 1. Key map — street across the street should be labeled correctly (Collins Crossing not Hillsdale Road); all curb cuts on the subject property should be shown 2. The zoning data table- a. Parking formula should be provided based on the uses on the property along with the number of spaces being provided. b. Reference should be given as to how the existing sign conforms with current zoning requirements(or ZBA citation) 3. Is there a right to drain easement to be provided to John J Mitchell in the southwesterly corner for the property from Corner Meadow LLC? It appears that some of the drainage is shown on property to be deeded to the Corner Meadow LLC. 4. What will be the traffic flow on the site? Is there adequate room on site for the circulation needed to get to and from existing pumps? (Of particular concern are the truck parking spaces and the proximity to the existing fuel island) 5. Are there any new floor drains being provided? If so, how/where are they being connected? (It is difficult to tell what pipes are being abandoned and what is proposed as new—this should be clarified) 1540 Sullivan Avenue,South Windsor,CT 06074 PH 860-644-2511,ext.253 Fax 860-644-7280 e-mail lipe(a)southwi ndsor.ora 0 Page 1 6. Connecticut Water notification of this application must be provided. 7. The proposed sign attached to the new addition is not allowed under current zoning. Residential properties area allowed two square feet. The applicant can either reduce its size or seek a variance from the ZBA. Also, Sheet 1 calls for a future 48 sf in the State ROW. The applicant would need to seek permission from the State in order to place a sign in the ROW and a variance. 8. All existing and proposed dumpster should be shown on a concrete pad and screened. ADRC Comments 1. The applicant should explore alternative evergreens (taller), to be inter-planted amongst the junipers, along the front parking area to provide more screening of the new building. 2. Light shield should be added to existing light (if necessary) to prevent light from trespassing off-site. 3. In the event the applicant is unable to get approval for the building sign as presented, the Committee requests that a dormer with double hung windows be added. 9 Page 2 i MEMORANDUM To: Marcia Banach, Director of Planning From: Jeffrey B. Doolittle, P.E., Town Engineer `AL Date: 7/8/04 7'-1 ~8824* RE: App 04-40P—Mitchell Fuel Company SouTH SOUTH W WIN I have reviewed the site plan application for the Mitchell Fuel Company on Sullivan Avenue, and I have the following comments: 1. There are some errors and inconsistencies on the plans that need to be checked and corrected. For example, on Sheet 2 there is a label for a 1000 gal oil water separator on the south west comer of the site. On subsequent sheets this is listed as a 1500 gal oil water separator. Also on Sheet 2 there is a note for a Future 48 sf sign and a leader pointing to the existing sign along Sullivan Ave by the flagpole. This note does not appear anyplace else. On Sheet 4 there is a old note for the Limits of Proposed Driveway where the existing driveway is proposed to be removed. On Sheet 5 there are notes !A for two existing houses, one with two decks. How many houses are on this site? There are leaders and notes that do not correspond or make sense. 2. A permit is required from the ConnDOT to relocate the driveway and replace the catch basin top. 3. The Town would not allow the catch basin to remain in the proposed driveway because of potential problems with flooding and icing in this location. This catch basin needs to be addressed with the ConnDOT. 4. The proposed water lines need to be relocated because they run between the underground fuel tanks and are directed at the existing catch basin in the road. 5. In keeping with the comments made about the proposed River Walk SRD show a sidewalk along the front of this property, that meets the Town standards. 6. The existing oil water separator needs to be inspected and evaluated as to its adequacy to provide stormwater treatment under current Phase 2 requirements. It may need to be replaced with a unit that meets current requirements. 7. The existing catch basin in the outdoor storage area should be removed to eliminate the possibility of debris and other contaminants entering the stormwater system and being discharged toward the wetlands to the west. 8. What is stored in the outside storage area? 9. All catch basins need to have trap hoods and 4 foot sumps to meet Phase 2 stormwater treatment standards. 10.The Stormwater Management Plan needs to have the required drainage calculations that include the expected runoff from this site, show no er runoff from this site as a result of the proposed changes land show that the existing ncrease in the and proposed drainage system (pipes and catch basins) is adequate to handle the expected stormwater flows. 11.The re-aligned catch basin detail should show a mahole frame and cover in the front part of this structure. 12.A monitoring manhole is required in the sewer line from this site. This needs to be in the ROW or have an easement from the ROW to the monitoring manhole to the Town for access and inspection and maintenance. 13.WPCA review and approval is required for this application. 14.A Drain Layers permit will be required to install the sanitary sewer system. Please call me if you have any questions. DESIGN PROFESSIONALS, INC. civil engineers .planners . surveyors . gis July 13,2004 Town of South Windsor 1540 Sullivan Ave. South Windsor,Ct 06074 Attn:Ms.Michelle Lipe Assistant Director of Planning Re:Mitchell Fuel Dear Michelle We have reviewed the comments by Jeff Doolittle and yourself. We have not had the time to revise the plans to address Jeff Doolittle's and your comments,but we plan to as follows: Michelle's Comments dated 6/29/04 1. The key map will be revised accordingly. a. The parking formula will be added to the plans. The parking requirements will include 2 spaces for the existing house,5 spaces for the 1,200 S.F.of office space,with the remaining parking spaces to accommodate the drivers of the fuel trucks. b. We understand that a variance was granted in 1985 for the existing free-standing sign. A copy of the variance letter is included. 2. The storm drainage shown is existing,and the approximate extent of the existing riprap is shown to extend onto the Corner Meadow property. The appropriate right to drain will be granted. 3. The two entrances were designed to accommodate a tractor trailer fuel truck for deliveries to the site. The truck parking spaces were positioned to allow for trucks to be parked in these spaces ifrequired. In general,the trucks would be parked within the existing and proposed enclosed truck bays. 4. There are no floor drains proposed in the new building. Due to the complexities of designing improvements to an existing site,a demolition plan has been included to show the pipes and other improvements to be removed as part of the site. An existing conditions plan has also been included to show the existing utilities. 5. The Connecticut Water Company has been notified at the beginning of the permitting process(ZBA application),and the Water Companies response was enclosed as part of the Inland Wetlands and Planning and Zoning applications. An additional copy of the Water Companies response is enclosed. 6. Any new signage not in conformance with the regulations or the previous variance granted for the site will be permitted through the ZBA as required. 7. Any existing dumpsters that are permanent will have a concrete pad and screening installed. ADRC Comments. 1. The landscaping will be reviewed. 2. A light shield will be added if required. 3. The applicant will review this alternative. Jeff Doolittle's Comments dated 7/8/04 1. The inconsistencies will be corrected. There is only 1 house on the site. An earlier intent was to move iL this house,and the relocated position of this house was inadvertently reflected on sheet 5. IF7 2. A DOT permit will be obtained prior to construction as required. 3. We disagree with the statement that the existing catch basin will be a problem within the relocated driveway. The catch basin is not within a sag location,and as such will not cause ponding should it be blocked. In addition,since the catch basin would be within the driveway,we would think that there would be less chance of this catch basin being blocked with snow or ice because of vehicle traffic crossing this catch basin. We will need to obtain a DOT permit for the driveway,and would recommend that since this is a state road,that we will design this driveway in accordance with the DOT requirements. 4. The water lines shown are existing water lines,and there is no proposed relocation of these existing lines. 5. A sidewalk to be constructed by others will be shown on the plans. 6. . Our understanding of the phase H environmental regulations regarding existing sites that are being re- developed is that the regulations apply to sites that are over 1 acre in disturbance. The proposed site disturbance is less than 1 acre,and as such,the phase II regulations would not apply. By providing roof coverage of presently open storage area,and thereby providing covering for vehicles presently stored outside,we will be reducing the potential for pollutants into the existing stormwater system. In regards to the existing oil-water separator,this unit was installed as a measure to provide further protection of the wetlands down grade of the site. We know of no regulations that would require this tank to be upgraded at this time. 7. The outdoor storage area is to be used for the storage ofmaterials outside that are allowed to be stored outside based on the DEP permitting requirements,and allowed to come into contact with storm water without the potential for contamination of the runoff. As such,the catch basin should be allowed to remain. 8. See 7 above. 9. Our understanding is that this site does not come under the phase H environmental regulations. 10. The proposed improvements to the site will result in a net reduction in impervious coverage,and therefore a net reduction in runoff from the site. We discussed the storm-water system with the owner of the site to determine based on historical record if there was a need to provide upgrades or improvements to the system. Based on this discussion,the site owner does not see any need to improve the existing system. We do not see the need to analyze an existing stormwater system that the owner based on many years of experience has not had a problem with,and will have a reduction in flows based on the reduction in coverage on the site. 11. The detail will be revised accordingly. 12. The appropriate manhole and easements will be provided at the time that the site is proposed to be connected to the sanitary sewer. 13. The sanitary lateral being provided to this site is part of the proposed Corner Meadow project,and would be approved as part of that project. There is no proposal to connect the existing office building into the sanitary sewer at this time,and as such,we do not believe that WPCA approval is required for this plan at this time. 14. No sanitary sewer improvements are proposed as part of this project. Please review the above,and feel free to call with any questions or comments. Sincerely, ales Semprebon,P Director of Engineering Enclosures: 165 South Satellite Road, South Windsor, Connecticut 06074 Tel: (860) 291-8755 •Fax: (860) 291-8757 MEMORANDUM TO: Michele Lipe,Assistant Director of Planning Joy O'Connor,Zoning Enforcement Officer FROM: Barry D. Guliano,Town Attorney DATE: July 13,2004 RE: Two Complaints Regarding Alleged Violations Occurring at Mitchell Fuel Oil Co. on Sullivan Avenue You have provided me with copies of two Complaint forms alleging various violations of the use variance granted to the Mitchell Fuel Oil Co. ("Mitchell Fuel") in 1976 by the South Windsor Zoning Board of Appeals ("ZBA"). The Complaints pertain to the alleged storage and sale of various fuels on the property. You have asked for my legal opinion regarding several of the issues raised by these Complaints. Background On September 2, 1976, Mitchell Fuel appeared before the ZBA with respect to its application to allow use of buildings on the site to conduct a small fuel oil company. The site of the application was 1199 Sullivan Avenue, which is in a residential zone, then known as A-20. A school bus business had operated on the site since 1937, but was being phased out with the death of the owner. An antique shop had also been operated on the site, but it had since been closed. The attorney representing Mitchell Fuel stated that the company wished to use an existing garage on the property to house not more than two fuel oil delivery trucks and not more than two service vehicles, and include an office area within the existing building for not more than three clerks or secretaries. He represented that there would be no storage of fuel oil on the premises. In answer to a question from the Board, the attorney represented that there "was a gasoline tank under the parking lot." He represented that"it would be used to fill the Mitchell vehicles." The ZBA unanimously approved the application, agreeing that "the premises may be used to garage not more than two fuel oil delivery trucks and not more than two service vehicles, and to provide office space adjacent to, or substantially within, the existing three-stall bus garage for not more than three clerks or secretaries of a small fuel oil business presently conducted by Mitchell Fuel Oil Co. There are to be no fuel oil storage tanks located on the premises." In 2003, Mitchell Fuel sought a modification to the prior conditions of the 1976 variance to allow an expansion of the garage and an increase in the maximum number of oil trucks and service delivery vehicles stored on the premises. At its meeting of February 5, 2004, the ZBA approved a modification to prior conditions to the variance granted in 1976 to allow a maximum of five fuel delivery trucks (all of which are to be garaged overnight); a maximum of seven service delivery trucks (no more than two to be parked outside on the premises overnight); and a four-bay garage addition so that the garage would now be no more than seven bays in size. The Board denied, without prejudice, the request to modify the condition regarding the fuel oil storage tanks which would have permitted the number of fuel tanks existing on the premises at that time. The language of the variance granted in 1976 appears to allow any fuel tanks which existed on the site at that time and any fuel use which was in existence in 1976. It also appears to allow any use directly attributable to the operation of Mitchell Fuel, which would include vehicles used in conducting the business (i.e., delivery trucks, service trucks) and fuel used in heating the premises on Sullivan Avenue. Beyond this use, the variance is not as clear. 2 The above background has been taken from the minutes of the 1976 and 2004 ZBA meetings, the applications to both proceedings, the Complaints and information gathered at a meeting with representatives of Mitchell Fuel. In some instances, this has provided sufficient information upon which to determine whether the use variance has been exceeded. In most instances, however, there should be further investigation and evidence regarding both sides of these issues before a final determination can be made. Before discussing the details of the Complaints, it is important to discuss the proper procedure by which such issues are to be addressed. It is first necessary to recognize the distinction between a variance and a non-conforming use. A variance is an authorization obtained from the ZBA to use property in a manner otherwise forbidden by the Zoning Regulations. Grillo v.Zoning Board of Appeals of West Haven, 206 Conn. 362, 372, 537A.2d, 1030, 1034 (1988). A non-conforming use, on the other hand, is a use which was lawfully in existence prior to the date the Zoning Regulationswere enacted which made the use non- conforming Cummings v. Tripp, 204 Conn. 67, 91, 527A.2d, 230, 242 (1987). The application in 1976 was for a variance from the Zoning Regulations as they existed at that time. The ZBA granted the variance allowing the operation"of a small fuel oil business presently conducted by Mitchell Fuel Oil Co. There are to be no fuel oil storage tanks located on the premises." It is primarily within the jurisdiction of the ZBA to determine the extent of any variance which has been granted. It is also within the jurisdiction of the Zoning Enforcement Officer to determine whether a particular activity exceeds the Zoning Regulations or any variance granted thereto. It is the role of the Zoning Enforcement Officer to investigate and assemble evidence leading either to an enforcement action or a decision not to enforce because there is no violation. 3 In either event, the decision of the Zoning Enforcement Officer may be appealed to the ZBA and ultimately to the Connecticut Superior Court. An application can also be filed with the ZBA to establish or interpret the terms of a variance. The role of the Town Attorney in this process is to provide a legal opinion based upon facts as they are presented and to provide the legal framework for which the decision-making bodies may review and render decisions. It is not the role of the Town Attorney, nor is it within the jurisdiction of the Town Attorney,to act as the"judge"in cases such as the present one, since the Town Attorney is not a policy maker or an adjudicative body. I will try, however, to place the current issues in their appropriate legal contexts so that decisions may be rendered with greater accuracy and greater ease. The Complaints The two Complaints filed by neighboring residents fall mainly within three general categories: 1. The existence of fuel tanks on the property in excess of those allowed by the variance; 2. The retail or wholesale sale of various materials allegedly in excess of those allowed by the variance; and 3. The failure to comply with requirements aimed to minimize the threat of groundwater contamination to the aquifer and surrounding properties. The first two complaint issues are related and,thus, they will be taken together. Gasoline or Diesel Tanks and/or Sales 4 There is some confusion in the record as to whether gasoline or diesel tanks, or both, were in existence on the property in 1976. In light of the previous use of the property as a school bus facility, it is likely that both gasoline and diesel tanks were present on the property in 1976. There is also the statement from Mitchell's attorney during the public hearing when he was asked whether there was a gasoline tank under the parking lot. He stated that there was a gasoline tank and that "it would be used to fill the Mitchell vehicles." During the meeting with Mitchell Fuel representatives, there were representations made that gasoline and/or diesel was sold"as a service to their customers"and that such sales were at wholesale,not retail. It appears that the gasoline and/or diesel tanks were on the property in 1976 at the time the variance was granted. To the extent that they have been replaced, this would not be a violation of the variance. It also Would a, be a violation ofthdvariance to use gissoline or diesel `Rof a �=-f hie • vehicles of Mitchell F "1 us . and°that t include sales to the pi the , any . , o - , public or to commercial customers or otherwise would; in my opinion, be beyond the van ce granted„by the.ZBA in 1976 and would require an additional modification, to the conditions � at ktt'tlme.' Tfiii s-true`ft&hdr the''ul &ls being"gold at redIl'or Atvholesale, neither., of VVch appear to be contemplated by the decision in'1'9' 6 Itt,eithettventi Mitchell Fuel would in my opinion,need to apply to°the-ZBA for a ftn°ther modifid9tio6 of the conditions"of its variance to specifically 'allow the recall or,wholesale sale of gasoline or diesel to the general ,,:pubf c or to its`eo dat ei sto tft+&ether i`se. Propane I am unable to find any evidence of propane tanks or the use of propane in 1976 or prior thereto. It appears that the use of propane began in 1983 or 1984, with the tank or tanks being 5 installed at that time. In my ophftn, therelbre, .a modification of the conditions lt6 the 1976 variance wouldbe no Wed for-Mitchell Euet to keep pr7 tanks on the property and/or sell propane to the general publicj�As Le i -1 eustemors, or, othemse, whether thus a be,at ,,retail or,wholesale,prices. The present use.in this regard--is,a violation in,my opinion. Kerosene I am unable to find any evidence of the existence of tanks for kerosene or the use of kerosene during the proceedings in 1976. John Mitchell has stated recently that kerosene has been sold at the site "since day one." Either the ZBA or the Zoning Enforcement Officer may wish to seek further evidence of such sales. Given the scarcity of the evidence, however, I am unable to render an opinion either way. Lywould r lon or cord be required-of tlw a t i nd that & decision,be ed-by either the ZRA or the Zoning Enforcement O f=as to wheat r kwosene-tanksexisted at the s in 19,76 ardvhetft and--to what exfi 3 kero a wa6,,ee1d nrfihe premises in 1976. If the tanks existed and kerosene was sold, there is no violation as long as the §ales are to the same types of customers as in 1976. If this is not the case, or it is unclear, I believe that the applicant must seek a further modification of the current use variance before the ZBA. Anthracite Coal I am unable to find any specific reference to coal from the proceedings in 1976. Once again, I would recornft tha`t°efher the ZBA or the Zoning Enforcement Officer seek further inZrmati<a iu this r and male a determination as to wbother the-saie of coal was,part,,o f the busi Aft- 76. To the extent that it was part of the business, there is no violation. To the 6 extent that it was not part of the business, there would need to be a modification to the current conditions of the variance in place. Outdoor Storage The issue of outdoor storage appears to pertain primarily to bags of anthracite coal and 55-gallon drums. According to Mr. Mitchell, the drums are continually removed, replaced and disposed of, so there is no actual storage on site. This is once again an issue at which either the ZBA or the Zoning Enforcement Officer should require additional information and determine whether this use should be allowed within the present variance. Appropriate limitations can be imposed, so that the safety of the surrounding properties and water system can be maintained. Compliance with Connecticut Water Company Letter It is my understanding that representatives of Mitchell Fuel have agreed to each of the five recommendations made by the Connecticut Water Company in its letter of November 26, 2003. In fact, some of the work has already been done toward meeting these recommendations. I believe that these recommendations address the issues raised in the Complaints with respect to protection of the aquifer recharge area. If you have any further legal questions regarding the above, I would be happy to assist you in any way that I can. If you feel that it would be helpful for me to attend any of these meetings, I would also be willing to do this as well. BDG/mpg 7 tOW N Sf4 7-0-ullon 10-P S-0-a';,% ?dt�� C J rl ti y . 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 860/644-2511 CERTIFIED MAIL 7004 1160 0002 1059 9472 July 22, 2004 Mr. John Mitchell Mitchell Fuel Company 1209 Sullivan Avenue South Windsor, CT 06074 Re: Appl#04-40P, Mitchell Fuel Company Site Plan Dear Mr. Mitchell: We are pleased to advise you that the Planning&Zoning Commission voted on July 13, 2004 to approve with modifications the above referenced application for a Site Plan of Development. This approval is for the expansion of a three bay garage and site improvements on property located 1199/1209 Sullivan Avenue, A-20 zone as shown on plans prepared by Design Professionals, Inc, Job No. 1687, dated April 22, 2004, as revised. This approval is subject to the following modifications: 1. Prior to commencement of any site work, a meeting must be held with Town Staff. 2. 'No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 3. 'Phis application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission. 4. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 8.1.11 of the Zoning Regulations. 5. Footing drains are required if the building has a basement. 6. A landscape bond in the amount of$2,000.00 is required and must be submitted prior to filing of mylars. 7. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. After the mylars have been signed by the Commission, they will be returned to you for filing in the Office of the Town Clerk. After filing these plans, a copy of the receipt must be submitted to the Planning Department. Sincerely, Timothy H. 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