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HomeMy WebLinkAboutT C (199) TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION ` APPLICATION FORM ; Application No: -,-") 77 1 'n Official Receipt Date: Z 1/6b6 DEC 1 9 2005 Receipt No: � APPLICANT: ate. A"- Sy.FMA D C"A44 D A&IK PROJECT NAME: 52 O I ? Zriyd J /Tcf�z AIWI� ADDRESS: OWNER OF RECORD ON LAND RECORDS: c� S e'c, ADDRESS: (n D. 130Y `// S .¢=. l&)l -Td/� WiGL cT 06Q--;kR— COMPLETE LOCATION OF PROPERTY: A4PI51 r G tA2 lr-/!'c 1744-hr ASSESSOR'S MAP# /112 PARCEL# // ZONE_ M NAME, ADDRESS, TEL& FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: rely► Estimated presentation time: 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 (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) (Public Hearing Required) Q"Temporary and Conditional Permit for (Public Hearing Required) ❑ In Law apartment/Accessory Apartment (Public Hearing Required) ❑ Major Home Occupation for (Public Hearing Required) ❑ 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. Signature of Applicant Signature of Property Owner DECEMBER 2005 REFERENCE: 2019 John Fitch Blvd. This property was purchased in 1986 by the J.E. Shepard Company. It was formerly the site of Midland Woodworking and was comprised of a primary residence with an addition, which had an apartment, and the manufacturing out building of approximately 5,700 sq.feet. The J. E. Shepard Company has continued this use since 1986 but now has been notified that the apartment was never approved. We ask that a T & C permit be issued for the continued use of the apartment. To our knowledge there has never been a complaint by any neighbor that there is an apartment. Charles B. "Tim" Shepard j' w a �'vi N St CID a u m C, 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR•co� AREA CODE 860/644-2511 September 7, 2004 J.E. Shepard Inc. 200 Sullivan Avenue South Windsor, CT 06074 ATTN: Kip Shepard UNSAFE NOTICE RE: 2019 John Fitch Blvd, South Windsor, CT Rear structure Dear Mr. Shepard: Upon receipt of a complaint, inspection was made at the above referenced structure on Sept. 2, 2004 with Fire Marshal William Lanning, Chief Building Official Christopher Dougan,Zoning Enforcement Officer Joy O'Connor, Building Official John Flannery and yourself. Inspection disclosed that rear north side has been altered to a three(3)room unit occupied by Joyce Rediker and Keith Charette. Front southeast has been altered to a one (1)room unit occupied by John Chickarelli. Both units were constructed or altered without Building Permits or issuance of Certificate of Occupancies. Inspection of September 2, 2004 disclosed that units lack ventilation, fire separations or adequate means of egress. Rear unit exits through an automobile repair shop. In view of the above and in accordance with Section 119.0 Unsafe Structures and Equipment of the BOCA National Building Code 1996 portion of the 1999 State Building Code(copy enclosed). Therefore referenced units shall be vacated and secured forthwith. A reinspection will be made on Septmeber 7, 2004 to determine compliance. Per Section 119.3 you shall notify the Building Department of your acceptance or rejection of terms of notice. r eo Building Official JFF/saw Cc: William Lanning, Fire Marshal Christop-her Dougan, Chief Building Official Joy O'Connor, Zoning Enforcement Officer s ` S0*IN Sf4 o 0-psl � 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 860/644-2511 RECEIPT OF UNSAFE NOTICE Hand Deliv ed to Hand Delivered by: RZZ Witnessed by: L�� . SOWN Sf4 co aZ;) %Wtl O-P So� ?d&U&Ot 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•co` AREA CODE 860/644-2511 September 3, 2004 TO: Department of Human Services FROM: Christopher J. Dougan, Chief Building Official SUBJECT: Joyce Rediker This memo verifies Joyce Rediker, who resided at 2019 John Fitch Blvd. was displaced from her apartment September 2, 2004. The Town of South Windsor Fire Marshal, Chief Building Official and Zoning Enforcement Officer determined her living space to be unsafe and uninhabitable,according to Section 119.1, BOCA '96. CJD/sa V �DyIN Sf4 a � m w� 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 soR.co AREA CODE 860/644-2511 ENFORCEMENT ORDER (Certified/First-Class Mail) To: J.E. Shepard Co. Date: September8, 2004 200 Sullivan Avenue South Windsor, CT 06074 Pursuant to the authority vested in me by the Zoning Regulations of the Town of South Windsor, Connecticut, you are hereby ordered and directed within ten (10) days of the date hereof, to discontinue the violation and condition at premises identified as: PROPERTY ADDRESS: 2019John Fitch Blvd (Asses Map #142, Parcel#11) owned and/or occupied by you, which is in violation of the said South Windsor Zoning Regulations. An investigation of the subject premises by this office discloses that the following conditions presently exist: 1• which were constructed. , without any building permits or approvals Apartments are not a permitted use in the Industrial Zone. 2. Conversion of a residential home into a two-family home without building permits or approvals ' 3. Existence of numerous unregistered and not roadworthy vehicles present on the property, These conditions violate Section 6.1.2 Permitted Uses in the Industria/Zone;3.1 Compliance with Provisions of the Regulations; 18.2 Applications and Permits and Definition of Motor Vehicle Junk Yard of the South Windsor Zoning Regulations (attached). Your immediate attention to this matter is hereby advised and directed. If you. fail to comply with this order, you may be subject to further enforcement proceedings and penalties in accordance with Connecticut General Statutes 8-12, a copy of which is attached. You have the right to appeal this action to the South Windsor Zoning Board of Appeals within 30 days after the service of this order on you, in accordance with Connecticut General Statutes 8-12. 'Connor Zoning Enforcement Officer cc:-Director.of Planning-Town Attorney— Chief Building Official r �.,.....�,��.-am uay mat a violation continues after �' - '" b"'"Y "!iu VUL;uY'ul�; , m accoraance with the notice has been served shall be deemed a separate offense. Provisions of Chapter 3. 6.5 Abatement of violation:The imposition of the nalties 3. The type of construction as defined in Chapter 6. 4. If an automatic sprinkler system is provided,whether the herein prescribed shall not preclude the legal officerr of the sprinkler system is required. jurisdiction from instituting appropriate action to revent u - 5. The hazard ful construction or to restrain,correct or abate a violationnor t ing aisl widthssification forwhlch theoaugomcrtic�prinkler system prevent illegal occupancy ofa building,structure or premises or is designed. to stop an illegal act, conduct, business or occupancy of a 6. The automatic sprinkler and sta i e building or structure on or about any premises. the base of the riser, p system demand at SECTION 117.0 STOP WORK ORDER 7. Any special stipulations and conditions of the building permit. 117.1 Notice to owner:Upon notice from the code official that SECTION 119.0 UNSAFE STRUCTURES AND EQUIPM work on any building or structure is being prosecuted contrary ENT to the provisions of this code or in an unsafe and dangerous ll9.1 Conditions: All structures or existing equipment which manner,such work shall be immediately stopped.The stop work are or hereafter become unsafe,unsanitary 01 order shall be in writing and shall be given to the owner of the or deficient because of inadequate means of egress facilities, inadequate,light.ands.. «, Property involved,or to the owner's agent,or to the person doing Ventilation,or which constitute a fire hazard,or are otherwise the work;and shall state the conditions under which work will dangerous to human life or the public.welfare,or which involve: be permitted to resume. illegal or improper occupancy or inadequate maintenance,shall 117.2 Unlawful continuance:An be deemed an unsafe condition. All unsafe structures shall b_e y person who shall continue taken down and removed or made safe,as the code official deems° F any work in or about the structure after having been served with necessary and as provided for in this section.A vacant structure a stop work order,except such work as that person is directed to that is not secured against entry-shall be deemed unsafe• perform to remove a violation or unsafe condition,shall be liable to a fine of not less than[AMOUNT]or more than[AMOUNT]. 119.2 Record:The code official shall cause a report to be filed on an unsafe condition.The report shall state the occupancy of. SECTION 118.0 CERTIFICATE OF OCCUPANCY the structure and the nature of the unsafe condition. ll8.1 General:A certificate of occupancy,indicating co le- 119'3 Notice:If an unsafe condition is.found,the'code official lion of the work for which a e shall serve on the owner, agent or person in conhol of the prior to any occupancy of a permit except as provided d orin s��ure,a written notice that describes the condition deemed Section 118.2. unsafe and specifies the required repairs or improvements to be made to abate the unsafe condition,or that requires the unsafe 118.2 Temporary occupancy:Upon the request of the holder of structure to be demolished within a stilated time.Such notice. a permit, a temporary certificate of occupancy shall be issued '�req ,the, before the completion of the entire work covered by the permit the1 thh n puets to declare�teate provided that such portion or portions shall be occupied safely 119A Method of service:Such notice shall be deemed pr rl Prior to full completion of the structure without endangering life served if a copy thereof is(a)delivered to the owner personalply or public welfare.Any occupancy permitted to continue duringy certified or the work shall be discontinued within'30 days after completio at the last known_ address with the return raddressed to eceipt re . ..d.If th Wrier of the work unless a certificate of odcwrpancy is issued by the certified_or registered letter is returned showingthat the let-e l code official. ter _ was not delivered;a copy thereof shall be posted in a conspicuous I 6 a4k. ADMINISTRATION I place in or about the structure affected by such notice.Service 120.6.1 Authority to seal equipment: In the case of an ' (such notice in the foregoing manner upon the owner's agent emergency,the code official shall have the authority to seal or upon the person responsible for the structure shall constitute out of service immediately any unsafe device or equipment service of notice upon the owner. regulated by this code. 119.5 Restoration:The structure or equipment determined to be 120.6.2 Unlawful to remove seal:Any device or equipment unsafe by the code official is permitted to be restored to a safe sealed out of service by the code official shall be plainly condition.To the.extent that repairs,alterations or additions are marked with a sign or tag indicating the reason for such made or a change of occupancy occurs during the restoration of sealing.The sign or tag shall not be tampered with,defaced the structure,such repairs, alterations, additions or change of or removed except by the code official. occupancy shall comply with the requirements of Section 107.1.1 and Chapter 34. SECTION 121.0 MEANS OF APPEAL 119.6 Disregard of notice:Upon refusal or neglect of the person 121.1 Application for appeal:Any person shall have the right I served with an.unsafe notice to comply with the requirements of to appeal a decision of the code official to the board of appeals. An application for appeal shall be based on a claim that the true . -- � 'the order to.:abate the,unsafe:condition„theaegal.cougsel_of,the.. _., jurisdi�tion=shall.be.ad�ised-of.all the.facts.in order to pursue intent of this code or the rules legally adopted thereunder have- recourseprovided.,by-law.... been incorrectly interpreted,.the provisions of this code do not fully apply;or an equivalent form of construction is to be used..... SECTIl1N i20 0`1 MERGENCY MEASURES`.' ��1212 Membership-of board:.The board of appeals shall consist FIELD OBSERVATIONS: 2019 John Fitch Boulevard 9/2/04 I met Chris Dougan (S.W. Bldg. Dept) at the Town Hall to drive over to the meeting with Kip Shepard (owner) , Bill Lanning (SWFD), and John Flannery (Bldg) at the 2019 John Fitch Blvd. site. Chris and I drove together and met the other three at the site. Kip mentioned that he had not been aware that anyone was living in the garage. He did say that the man, Keith, started renting the garage in the back about 4 years ago and that, since they had no where to stay, that he let them stay there for a couple of weeks until they found something else. Kip said that he did not know that they were still there. When we started walking to the back of the garage, Kip stated that he was going to hang back since he didn't know anything about this and that we really had to talk to Keith directly. Our entire visit, Kip stayed back and did not participate in speaking with Keith or entering the back garage. When we went to the back of the garage, we met up with Keith and his girlfriend, Joyce, who had been "living" in the garage. Both were very upset that all this was happening. They wondered, after 4 years, why now. They wondered how they'd be able to move with no money, 2 dogs (one had been hit by a car), and no where to go. They both said that they were upset with Kip and that Kip should be helping them. They asked how long they could stay in the garage. They were told that they needed to stop living in the garage that day. Keith said that he was trying to finish up a car in the garage (hobby?). We toured the "apartment". I took eleven pictures inside and outside. Kitchen (refrigerator, stove...), into living room (and storage) and into bedroom. Apartment is along north wall of garage. It did not go all the way to the front of the garage. Girlfriend told us that door from bedroom is blocked from the other side. Other side of door goes to "office"for front garage. We all went back outside and discussed the unsafe conditions of the garage and that they needed to move out that day. Chris, John, Bill and I walked around to front of garage and met up with Kip Shepard. Kip mentioned second "apartment" in front. He said that guy who stays there is a truck driver and only stays there on weekends (comes late and leaves early). We were not able to obtain access to this apartment. Window in front was blackened. Side door led to storage area. We then went into front garage door. Large open bay with tanks, ladders, gasoline jugs... along walls. Bill Lanning mentioned how unsafe place was. ('One match and place would blow up.') Electrical meters were inside, left of garage door. John, Chris and Kip discussed electrical meters, who has access to them, which meter for which garage etc. 1�1 Y &o i F• 1� � {ft Y 1. t 4 I f III ill T k•L '�ti rf t.w y: r. i 1t 1 a j