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HomeMy WebLinkAboutSpecial Exception (24) TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION JAN 2 5 2006 APPLICATION FORM Application No: 06"0 P SO'�1� ',� u, '� ';I. +T. Official Receipt Date: 14 1 0 i La- Receipt No: APPLICANT: �� �-�'f fi�J INC PROJECT NAME: W�� y� �� P' ADDRESS: L� o A 4 C,A N � OWNER OF RECORD ON LAND RECORDS: GiEA4 E O'�J 2 JT W C- �Y ADDRESS: ri 5� Z G � ti CJ3 •4,7Y- t n c! COMPLETE LOCATION OF PROPERTY: ASSESSOR'S MAP# PARCEL# ZONE NAME, ADDRESS,TEL&FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: — -'�Ef 5A-- s4 q-� 8coy _ TR z - 40 a� THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision(Public Hearing Required) ❑ Minor❑ Major ❑ Conditional Approval Special Exception to Article 5. 1.101. 3 (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. SigrNkuJe of App ' t Signat rperty O er .:'`� -'�/�c � Mew►��'-� t� ,z Book: 1778 Page: 248 1 of 2 1' VOL. 177SPAGE 248 { WARRANTY DEED -STATUTORY FORM g Units#203 and 204—Wentworth Park sI '"lam , 3 � 4 E GENERATION2,INC.,a Connecticut corporation having its principal place of business in the Town of Glastonbury, County of Hartford, and State of Connecticut(hereinafter"Grantor") for consideration of THREE HUNDRED FIFTY ONE THOUSAND NINE HUNDRED AND 00/100 _ ($351,900.00)DOLLARS paid grant to AJY PROPERTIES,LLC,a Connecticut limited liability company having its principal place of business in the Town of Vernon, County of Tolland and State of Connecticut (hereinafter 3 "Grantee"), �.; with WARRANTY COVENANTS - - I the following described real property situated in the Town of South Windsor,County of Hartford and State of Connecticut, known as Units#203 and 204 of Wentworth Park,a Commercial Office tt Condominium at 225 Oakland Road,together with the undivided interest in the Limited Common Elements and Common Elements being more specifically designated and described in the ffice Condominium,and the schedules and exhibits Declaration of Wentworth Park,a Commercial O thereto,dated September 16,2005 and recorded in Volume 1753 at Page 312 of the Town of South Windsor Land Records,as amended by First Amendment to Declaration dated December, 2005 and recorded in Volume 1778 at Page 238 of said Land Records. 1. � art }` TOGETHER WITH AND SUBJECT TO the terms, conditions, agreements, obligations and easement contained in the Declaration of Wentworth Park a Com mercial Office Condominium,and the schedules and exhibits thereto, as it may be amended or supplemented. The Grantee, by ' a acceptance of this Deed,hereby expressly assumes and agrees to be bound by and to comply with n ' all of the terms,conditions,agreements,obligations and easements as set forth in said Declaration and the B laws of the Wentworth Park Association,Inc.as they maybe amended orsupplemented. fF y 3 L t . By acceptance of this Deed, the Grantee hereby subscribes to, and becomes a member of, Wentworth Park Association, Inc,a Connecticut non-stock corporation,which is the association of unit owners of Wentworth Park,a Commercial Office Condominium,and as such member accepts £u. all of the rights and obligations imposed on such members. SAID PREMISES ARE SUBJECT TO any and all provisions of any ordinance,municipal regulation of public or private law; and taxes to the Town of South Windsor on the Grand List of October 1, ' 2004 and thereafter which taxes the Grantees herein assume and agree to pay as part , I consideration for this deed. ,. rsen to the Grantor Being a portion of the premises conveyed by Warranty Deed from Lois H.Pete he dated January 11, 2005 and recorded in Volume 1681 at Page 116 of the South Windsor Land Records. CONVEYANCE TAX RECEIVED -76 ' I II�IIIIIN III Il�glllllllllllll qll nnlll�lll�lllll I III -1 of 2- STATE S —LOCALS Doc ID: 000429000002 Type: LANLuO��- U q' Book 1778 Page 248 - 249 ' File 7833N ' TOWN CLERK OF SOUTH WINDSOR 1 t� 3� q7 S# Book: 1778 Page: 248 2 of 2 17 78PAGE 249 Signed this day of December, 2005. GENERATION2, INC. Witnessed by. G A-u4id ' . Breslau Jeffr . S r Presid t of Construction and Land ,/ Development CGS duly authorized t STATE OF CONNECTICUT: December 2005 ss. COUNTY OF HARTFORD n Personally appeared, Jeffrey R. Sawyer, President of Construction and Land Development of e GENERAT10N2,INC.,signer of the foregoing instrument,who acknowledged that he executed the s same for the purposes therein contained as his free act and deed,and the free act and deed of said y corporation, before me. d 3 William E. Breslau, Esq. Id h , Commissioner of Superior Court �y th >n d fip Grantee's Mailing Address: 638 Bolton Road �f Vernon, CT 06066 of )ts 'F RECEIVED FOR oRECORD: DATE on art 4 1Aw CLZRK,SOUTH WtNDfOR�C T itor _.. sor >> L:\G\GENBRATION2,INC.#7888\Sale Units 203-204 to Yobst#900-3120\Warranty Daed.doc -No -2of2- f F- I +� 1 1 _ I _ Z I _ - l f f E Appl 06-04P, Lean Physique Special Exception- 2/14/06 1. The applicant is requesting special exception approval to Section 5.1.2.9.3 of the Restricted commercial zoning regulations for a personal trainer facility known as "Lean Physique", approximately 2,800 sf, located at 225 Oakland Road Units 203 & 2045 RC zone. 2. Section 5.1.2.9.3 states, Any other use, building or service as determined by the Commission to be similar to the uses permitted in 5.1.2.1 to 5.1.2.5 inclusive, as to the type of goods sold or manufactured, or services rendered, in the number of persons or cars to be attracted to the premises, or in effect on adjacent areas." This use is similar to a professional office and personal service shop (both which are permitted uses). 3. The Special Exception Use p p e criteria includes: a. traffic or other hazards will not be created; b. general property values will be conserved; c. there will be no adverse effects on existing uses in the area; d. the general welfare of the community will be served; e. there will be no adverse impacts on the capacity of present and proposed utilities, streets, drainage systems, sidewalks, and other infrastructure; f. no adverse environmental impacts will be created. The Commission may impose additional conditions in accordance with these regulations in order to ensure that all criteria enumerated above and/or within a particular use category are satisfied. 4. If approved, the Planning Dept. has no requested modifications. I qq i I I ! eneration2 inc. ( �A pEVFaLOPMENT COMPANY { January 29,2oo6 Mobile Gas Station I To whom it my concern: We have applied for a special exception use for our project located at 225 Oakland Road. The hearinj will be February 14 at the South Windsor Town Hall. Per zoning regulations we are required to nol you of this application. If you have any questions,please fell five to call. E Sincerely, 1 Jeffrey R Sawyer Generation Inc 982-4o85 I 27 Summersieet Drive Glastonbury, CT 06033 office 86�-633-1124 fax 860-633-1599 I I f I i j � ! t IIIII ' generation2inc. i i I I ' f January 29,2oo6 i Berry Patch i To whom it my concern: i We have applied for a special exception]use for our project located at 225 Oakland Road. The heariM will be February 14 at the South Wmds?r Town Hall. Per zoning regulations we are required to no you of this application. # If you have any questions,please fell to call. I Sincerely, Jeffrey R Sawyer i Generation2 Inc 982-4o85 # I 'i i i i i j i i I # 27 Summersw,eet Drive Glastonbury, CT 06033 j tI office 866-633-1124 fax 860.633-1599 t { # t -7? Zq-3 I J generation 2 inc. JAN 11 2006 SOUIriILI'1 January 4,2006 Marcia Banach, Director of Planning Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: Units 203 &204 Wentworth Park Dear Marcia, In response to your raised concern regarding the tenancy of Lean Physique, LLC at Wentworth Park units 203 &204 (2,700±square feet),the following is my response: 1. Lean Physique has purchased and now occupies the above-referenced office condominiums. 2. I previously ran by your office every prospective tenancy,until I was informed that approach was absolutely unnecessary, and thereafter I have only run by those prospective tenancies where I believed the uses would fall into a gray area. In my opinion,the subject use does not fall within any gray area whatsoever. 3. Lean Physique has been operating out of a commercial zone in South Windsor for many years,without any apparent notification or objection from any Town official. 4. Lean Physique relocated from a long-term occupancy in another two-story office building at 828 Sullivan Avenue (TM Burgess Insurance Agency's building). The professional office use at Wentworth Park is identical to the professional office use at the prior address. If it is good enough for that office building, it certainly is good enough for my office building. 5. Lean Physique's condominiums have been allocated 12 parking spaces; however the most parking I've ever seen them use is V2 of that. Parking is absolutely not a factor. 6. This address represents Lean Physique's professional office use, as allowed under zoning. It is the office of a professional trainer. 7. My reading of the zoning reveals to me that there are no definitions embodied therein for commercial or professional offices. 27 Summersweet Drive Glastonbury, CT 06033 office 860-633-1124 fox 860-633-1599 IN generation2 inc. N, A DEVELOPMENT COMPANY 8. The activities that occur within Lean Physique's offices are(and indeed there are "offices"within the space),professional consultation and development of fitness 9. programs and professional supervision, one-on-one, of these programs, including supervision on physical fitness equipment in a professional environment. 10.All services are provided by appointment only. 11. Lean Physique offers no memberships and no walk-in services. It is totally different and distinct from a large-volume membership-based health club environment such as LA Fitness. In conclusion,when I was approached by Lean Physique, I immediately concluded it was a professional office use in total conformity with South Windsor's Zoning Regulations. After all, it had occupied office space in an office building in South Windsor for many years without issue. There is wording in the zoning regulations that I have found that leads me to any conclusion other than that described above. While I'd be glad to discuss this matter with you further, I'm at a loss to why it is at issue at all. Sincerely, Jeffrey Sawyer, President Generation2, Inc. 27 Summersweet Drive Glastonbury, CT 06033 27 Summersweet Drive Glastonbury, CT 06033 office 860-633-1124 fox 860-633-1599 SOW N Sf4 Wno 5 ,� w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 J�OSOR•c°�� TELEPHONE (860) 644 2511 CERTIFIED MAIL#7004 2510 0003 9803 0499 February 17, 2006 Generation2, Inc. AN Properties, LLC 27 Summer Sweet Drive 638 Bolton Road Glastonbury, CT 06033 Vernon, CT 06066 Gentlemen: Re: Appl#06-04P, Generation2,Wentworth Park/Special Exception We are pleased to advise you that the Planning & Zoning Commission voted on February 14, 2006 to approve the above-referenced application, a Special exception to Article 5.1.2.9.3 of the Zoning Regulations to allow a personal trainer facility, "Lean Physique LLC,"Units 203 &204 Oakland Road,RC zone. The attached Special Exception form must be completed and filed in the Town Clerk's office. The special exception will take effect upon filing. Sincerely, C Patrick Kennedy, Chairman Planning&Zoning Commission PK/bmm cc: Zoning/Wetlands Enforcement Officer Chief Building Official Assessor Fire Marshal Town Engineer Design Professionals I, Patrick Kennedy, Chairman of the South Windsor Planning&Zoning Commission, hereby certify that on February 14, 2006,the Planning and Zoning Commission granted to Generation2 Inc.,AJY Properties, LLC; a Special Exception to Article 5.1.2.9.3 of the Zoning Regulations to allow a personal trainer facility, "Lean Physique LLC",Units 203 &204 Oakland Road,RC zone, as shown on plans prepared by Design Professionals, Inc., Project No.1670. Assessor's Map and Parcel Number: Map#52 Parcel#91 More particularly bounded and described as follows: (See attached) OWNER OF RECORD: AJY Properties, LLC Dated at South Windsor, Connecticut this February 17,2006. In a cordance with CGS Section 8-3d Chairman Planning&Zoning Commission Received for record this day of , 19 at South Windsor, Connecticut ATTEST: 77 TOWN OF SOUTH WINDSOR STAFF SITE CHANGE FOR SITE &t.gt"MSION 09NERAL., CHANGE. ORDER CONTACTPERSON Phone No.. Z41LUiDwk� Address ' $7N :V.G.­ 060,0173. iosi,ie. Name ALAqhy&& P&Z No. Owner Phone No. Contractor 5,"IS4 C&jZ&(4Mv Nj Signature of Owner Date Signature -of Design Eng L oe=I Date:- _ CHANGE: ;f change.. .Describe location and nature ge. Include Vour (4 ): copies, of Plan1profile of Change. ) -5 - 04- -Z 41 7 4.- - d"An Z) Z'S -4- iReason for Change:, (Whyis change required) 5Q>�S A to U Vo 144 v.to yE Ajj6 P 1rr4j C4 1'26NO , R krcA tm-k stgleet 'WWD *tilt (41:Ac "- wWT, V+LL tvj IA4j 6LD6 'Zug 340 PROVALS: (As Re wired) i r.. Of Planning Date /ox io Town gineer Date Dir. .of 'Public Works Date: dthera Date: STAFF C zr White ,.-Engine'& Town Yellow Applicant Pink Director o Goldenrod D3.r f Planning Engineering Department