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Variance (709)
TO %VN OF SOUTH WINDSOR Application# JrgLo- 3 APPLICATION FOR Date ZONING BOARD OF APPEALS Receipt# gig IMPORTANT.- This application must be submitted to the Planning Department by the second Thursday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. r , „ y 1. The application and supplements must be filed in duplicate,typed or printed in ink. 2. A Class D or better survey of the property in question must be submitted with the application showing streets, lot lines,building lines, zone boundary lines, dimensions, and buildings present or proposed and buildings on adjacent properties and distance from subject property. 3. If a variance is being requested, a legal description and deed of the property must be submitted with the application. This description can be obtained from the land records. 4. The sign from the Planning Department must be displayed on the property at least 10 days prior to the public hearing in a location visible from all abutting streets. • The applicant, or a representative must be present for the public hearing. The time, date and place of the hearing will be advised by mail. • Inquiries on this application may be directed,,to the Planning Department at the South Windsor Town Hall. 5. No application shall be a complete application unless it shall be in such form and contain such information as necessary for a fair determination of the issues. Incomplete applications may be denied. IN 1. Applicant: J()6r J 2. Mailing Address: SWJ I t\-VAM G VIM ,x 3. Telephone#: �— 4. Owner of record of property in question: 5. Location of property in question: Assessor's Map# �� Parcel# Zone 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). nfa� 7. Please indicate if the applicant is owner, lessee, or prospective tenant: 8. Check one of the following: (�) Request Variance to Section of the Zoning Regulations to allow ( ) State hearing under Section of the General Statutes for ( ) An appeal from the Zoning Officer's decision involving 9. Is this a request for a si K variance? If yes, complete and submit the sign checklist information. 10. If application is for a variance to Section 3.12, are there any liquor outlets within the restricted area, (500 feet)? YES or NO If yes, submit a list of liquor outlets, their locations and distances from the property in question. I A- 11. Is this property within 500 feet of another town line? �f 12. Is this property within the Connecticut Water Aquifer area? &r No. If yes, application must be filed with the Connecticut Water Company by the applicant. 13. If requesting a variance state clearly the unusual hardship or exceptional difficulty on the property that prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if necessary. I hereby declare that the data&information contained herein is accurate to the best of my knowledge. Dated this fl day of Year Applicant: , (Si afore) OWNER: (Si ature) Approved: Deni ' � P L i _.. Revised 12/04/98 Narrative Statement Variance Application John J. Mitchell 1199& 1209 Sullivan Avenue South Windsor, Connecticut DPI Project No. 02-1687 October 16, 2003 Variances requested: 1. Residence `A' zone, Section 4.3, Permitted Use (modification to prior variance approval) ZBA approval was previously granted on September 2, 1976 with the following conditions: 2 oil trucks (maximum), 2 service delivery trucks (maximum), 3 secretaries (maximum), and no fuel oil storage tanks to be located on the premises. Presently on the site are 5 oil trucks and 7 service trucks, all but 1 taken home by employees on call. The applicant would like to modify the prior ZBA approval as stated above,to meet present conditions and new regulatory requirements applicable to the distribution and sale of heating oil. 2. Residence `A' zone, Section 4.3.1Oa(2): The required 50 feet buffer in an A-20 zone along the south property line does not allow the joint effort to minimize driveway access with adjacent property owners who will be required to do a 35 feet dense landscaped buffer in addition to the applicant's proposed 10 feet side yard. 3. Section X, 10.4.2: The permitted non-residential use would also require a variance of the required 50 feet buffer along the north and west property lines to accommodate the new drives for the existing residential home and for the proposed relocated residence to be saved from demolition at 1235 Sullivan Avenue. 4. Section IIIA, 3.A.2(a),Number of Driveways: The applicant requests a variance to allow two driveways to be allowed on the subject property instead of one. This allows the separation of drives from the residential use and the present commercial use. 5. Section 1I1, General Requirements 3.10.3(a) To provide better Homeland Security as requested by authorities, the applicant is requesting a 4-bay garage extension to allow all fuel trucks to be placed out of sight and secured (3,280 s.f. addition). 6. Section IV, Use Regulations, Residential 4.3 Residence A Zone, Permitted Use The applicant wishes to save the existing house at 1235 Sullivan Avenue and place it on the northern portion of his property. Should this be found to be acceptable and allowed, it will save from demolition an historic house; it will conserve the character of the neighborhood and adjacent property; provide no adverse effects on existing uses in the area;traffic will not be impacted;there will be no adverse impact to the Town's infrastructure or utilities in Sullivan Avenue; and there is adequate space to site the proposed house with no environmental impacts. Preservation of the old house should be given due consideration. Property line adjustment to allow Corner Meadow, LLC and property of John J. Mitchell to cooperate with the Town of South Windsor to comply with South Windsor Zoning Regulations Section IIIA, Sullivan Avenue—Buckland Road Corridor Requirements. It is the intent to close three existing drives on the applicant's property(total width= 118± feet) and replace with two new drives(total width=38±feet). In a future application by Corner Meadow, LLC, a new 30-feet wide entrance drive will be created for their residential development and supplement access for Mitchell Oil. This new drive will replace the two existing drive access points at 1235 Sullivan Avenue and provide greater separation distance for a drive entrance to Sullivan Avenue and the signalized intersection of Pierce Road and Sullivan Avenue. This is an extremely complicated series of variance requests, and the applicant will provide further clarification and hardships at the public hearing. Oct., 22 03 01 : 03p Galen Semprebon 860-291 -.8757 p. 2 __... _...._ ._ .Volume 417_ A ge�N2 259 ; 'i 4vn•-te.�er otm � o..r.+yr.rr r"r r To all People to whom these Presents shall come, Greetings 4581 KNOW YE,THAT , ANNETTE FRINK, also known as ANNETTE B. FRINK, of the Town fSouth Windsor, County of Hartford and State of Connecticut, hereinafter called + "grantor", acting herein by DAVID A. FRINK, her Attorney-in-Fact under Power i } r of Attorney dated October 22, 1983, i for divers good causes and considerations thereunto moving,especially for TEN DOLLARS and other valuable consideration Y • received to her full satisfaction Of IOHN J, MITCHELL, of the Town of South Windsor, County of Hartford and State of Connecticut, hereinafter Called s the "grantee", ha s remised,released,and forever quit-claimed,and does by these presents,for herself and her xmfteirs,justly and absolutely remise,release,and forever QUIT-CLAIM unto the said JOHN J. MITCHELL, his ) . heirs and assigns forever,all such right and title as she the said ■grantor' has or ought to have in or to two parcels of land with all buildings and improvements A located thereon situated in the Town of South Windsor, County of Hartford and State of Connecticut and bounded and described as follows: Parcel 1: .. ! . NORTHERLY: by land now or formerly of Robert L. Sadd; EASTERLY: by the highway known as Sullivan Avenue and Route No. 194; SOUTHERLY: by land now or formerly of Byron E. Went; and `! WESTERLY: by land now or formerly of Robert L. Sadd. �. ? Containing one and.64/100 (1.64) acres. Being the same premises conveyed to Annette B. Frink by Warrantee Deed of I j Lorraine ?. Sharp dated November 21, 1930 and recorded in Volume 27 at page 306 i of the South Windsor Land Records. 1; Parcel ii: ' Beginning at the southeast corner of the land or parcel herein conveyed, at a point on the west boundary of a public road known as States Highway Route M, 1940 corner of the lands now or formerly of Herbert Tomlinson, Jr., and Annette B. Frink; i ;t thence westerly along land now or formerly of said Frink approximately 200 feet to a i corner of land now or formerly of said Frink; thence in a new line at right angles to i' the last-mentioned boundary, north 30 feet to a point; thence, extending at right angle to the last-mentioned course, east approximately 200 feet to the west boundary of said I i " �j highway; thence southerly along the west boundary of said highway, approximately 95 feet to the point of beginning, containing 20/100 of an acre of land, more or less. ; ` Being the same premises conveyed to Annette Frink by Warrantee Deed of. Herbert Tomlinson, Jr., dated December 15, 1942 and recorded in the South Windsor i Land Records at Volume 40 page 17.By the present deed, the grantor releases the life use of said premises .a.. reserved to her in Warrantee Deed from her to the within grantee dated November 1, 1; 1983 and recorded in the South Windsor Land Records at Volume 353 page 265. is 8 Cunv..5yanc x r olvsd eS Conveyegc re hied con..lerk of So h Nri�ds^r con.lerk of SoVjh Windsor . Town Clerk Town Clerk i - f r - Town of South Windsor General Map N Connecticut ROAD NAMES Date Printed: October 27,2003 PARCELS 0 400 Feet Property boundaries are derived from the Town of South Windsor Tax Assessor maps,digitized at a scale of 1 inch=100 feet,and include the same data limitations and disclaimer as the Assessors maps. All other data portrayed is representation only and,due to inherent mapping limitations,should be used as a guide only. The intent of this map is to present a graphical representation of property boundarie and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001. MEMORANDUM TO: Zoning Board of Appeals FROM: Barry D. Guliano, Town Attorney DATE: January 29,2004 RE: Numerous Issues Involving the Mitchell Application You have asked numerous questions regarding the recent Mitchell application filed with your Board. Some of the questions are quite broad, while others are very specific. I will attempt in this memorandum to provide you with answers to those questions or, where appropriate, my opinion as to the various legal issues involved. Given the breadth of the questions, I have tried to structure this opinion in various sections to make it more understandable and usable. Nonconforming Use Versus Variance Before discussing any of the specific questions raised, it is important to consider the distinction between a nonconforming use and a variance in determining the precise nature of the application before you. The term "nonconforming use" is frequently misused to denote any legal use which does not conform to the zoning regulations. In fact, the technical definition of"nonconforming use" is not so broad, as noted in the following description of categories of land use. There are generally six categories of land use under zoning regulations: 1. Uses exempt from regulation by statute or as a result of sovereign immunity (e.g. exemption of federal government in operating a post office.) 2. Permitted uses under the zoning regulations. v A 3. Uses permitted under the zoning regulations, subject to conditions in the regulations (e.g. special permits and site plans). 4. Nonconforming uses, which are protected even though they do not comply with current zoning regulations because they either predate all zoning regulations or specific amendments to zoning regulations. 5. Authorized illegal uses, which are allowed by variance granted by the Zoning Board of Appeals. 6. Illegal uses not protected and subject to abatement. It is important to consider the difference between a nonconforming use and a use which is allowed by variance in reviewing the Mitchell application. If the current use is a nonconforming use, there is a general rule that extensions of nonconforming uses are to be prevented, not facilitated by the grant of a variance. Guilford v. Landon, 146 Conn. 178 (1959); Salerni v. Scheuy, 140 Conn. 566 (1954); Beerwort v. Zoning Board of Appeals of Town of CoventrX, 144 Conn. 731 (1958). Where a nonconforming use is properly established, however, a mere increase in the amount of business done pursuant to the nonconforming use is not an illegal extension of the original use. Guilford v. Landon, 146 Conn. 178, 183 (1959). Similarly, using improved, more efficient equipment and modernizing nonconforming uses is permitted, as long as the improvements are used to pursue the original uses. This principle is known as the "natural expansion doctrine." While this doctrine applies to nonconforming uses, there is no similar doctrine with respect to use variances because that procedure is statutory and must be strictly followed. A new 2 r variance must be sought and granted with respect to any expansion of a use variance that requires physical changes to the property. Although there are numerous references in the Mitchell application to nonconforming usage, and even the Town zoning regulations seem to use that term more broadly than is appropriate, the current usage by Mitchell is allowable by variance and does not constitute a nonconforming use. What is the Mitchell Application Seeking? While the current application states that it seeks a modification of an existing variance, there is really no provision within the zoning regulations for such an application or for such action by the ZBA. In my opinion, there really are two alternative ways of viewing the application. One is to treat the application as a request for an expansion of an old variance, which is really a request for a new variance. The second alternative is to recognize that the application does not really seek to expand the old variance, since the old variance was a use variance allowing an oil facility. The use itself is arguably not being changed by this most recent request, but rather a modification is sought of several of the conditions which were placed upon the grant of the original variance. In this regard, the old variance is viewed as permission to operate an oil facility, based upon the condition that there would be no more than a certain number of trucks, a certain number of underground tanks, a certain number of garages, etc. It is not the variance that is being changed,but rather several of the original conditions. In my opinion, the current application more closely resembles the second alternative. The variance that was originally granted on the property was to operate an oil facility and the use of the property would not change with this current application. It is the intensity of the use 3 which is changing, such that additional trucks, tanks and/or garages may be necessary to operate the business at its current level and in more modern circumstances. If the Board feels that the first alternative more closely resembles the current application, such that a new variance is being sought, current regulations would require that the application be denied. This is true because Section 18.4.1 of the regulations provides that "use variances shall not be granted within the rural residential zone or any residential A or AA zone . . . for any use not otherwise permitted within those zones, if such use is otherwise permitted either by right or by special exception in the following zones: industrial, general commercial, restricted commercial, designated commercial and restricted office." If you choose to view the current application as a request for a modification of several conditions placed upon the original variance, you must apply the same two-part test as utilized in the original granting of the variance: 1. The variance(or modified condition)must be shown not to substantially affect the comprehensive zoning plan, and 2. Adherence to the strict letter of the zoning ordinance (or the original condition) must be shown to cause unusual hardship unnecessary to the carrying out of the general purpose of the zoning plan. Girillo v. Zoning Board of Appeals of West Haven, 206 Conn. 362, 368 (1988). This test would have to be applied with respect to each of the modifications being sought. As to the hardship requirement,it must be one that originates in the zoning ordinance and arises directly out of the application of the ordinance to circumstances or conditions beyond the control of the applicant. The applicant must demonstrate "exceptional difficulty or unusual hardship" in complying with the zoning regulations and the conditions originally imposed with 4 J respect to the original variance. The hardship must be unique and unusual to the property in question and not one that affects all properties in the zoning district the same. The hardship cannot be self created, nor can financial loss or the potential of financial advantage to the applicant be a proper basis for a variance unless the situation amounts to confiscation. This would mean that the property would be rendered virtually valueless or with a substantial decrease in value as a result of strict compliance with the zoning regulations or the conditions imposed in the original variance. Having discussed the issues raised by the Mitchell application in general, I will now attempt to apply this analysis to the specific questions raised by the Board. 1. Can the Board consider the addition of trucks underground tanks and garages in modif ng the current conditions to the variance? The answer to this question is "yes." The Board may consider modifying each of these conditions if, in the opinion of the Board, the two-part test described above is met. 2. Can Compliance with new federal regulations constitute a hardship? Yes, compliance with new federal regulations may constitute a hardship since they are not self created and they impact the Mitchell property uniquely from all other properties not used to conduct an oil business. 3. Does the granting of the application eliminate current violations existing with respect to changes that are currently taking place on the property? Yes, to the extent the Board grants the application, current usage will be allowable and, therefore, legal. There would really be no way to grant the request in the application regarding the trucks and/or the underground tanks and still pursue a zoning violation with respect to those issues. Although it would be true that the activities had 5 been carried on for a period of time unlawfully or without approval, there would be no damage to the Town because the use would now be in compliance and allowable. As such,there would be no remedy for a court to impose. 4. The issue of the second house. a. Can approval of the application be limited to the specific house in question, or would it Ml to o any second house? There probably is no way that the Board could limit any approval of the variance with respect to the second house and limit it to the precise house in question. The Board may impose conditions upon the variance, stating that the variance applies only to that particular house. The problem with this rationale is that before granting the variance, the Board must find that not being able to move the second house onto the property constitutes an unusual hardship. If it is true that the house in question presents a hardship to use of the property, it is hard to understand how a different house would create any different hardship to use of the rop p Xrt . In this regard, it is important to note that the hardship required is a hardship in the use of the property caused by compliance with the zoning regulations. The applicant in the present case seems to be speaking more in terms of benefit to the community and benefit to the surrounding area, rather than hardship to the particular property in question. The issue of the second house is arguably not related to the current status of the Mitchell property or the current usage of the property. Any hardship relates more to saving the house than in using the Mitchell property. Moreover, it may constitute a self-created hardship. These are issues, however, for the Board to determine, and not for the Town Attorney. It is only my intent to raise certain issues which you should consider. 6 In sum, I am not aware of any way in which the Board could grant the application with respect to the second house and guarantee that the variance is limited to the particular house in question. If the Board chooses to go in this direction, however, I would recommend that you place a condition upon your approval that it applies only to the precise house in question. The condition may not be enforceable if it is challenged at a later time,but at least you will have a claim that the variance is limited. b. ' Can features and conditions off the property constitute a hardship to the property? Yes, features off the property may constitute a hardship, but only where they create a hardship to the use of the property which is the subject of the application. A good example of this is the issue of federal regulations which do not involve a characteristic of the property,but create a hardship to the use of the property. It would be difficult to imagine, however, how the existence of power lines on another property creates a hardship to the Mitchell property. It may create a hardship to moving the second house; but this, in my opinion, is not the same as saying that it creates a hardship to the Mitchell property. The Board should also be wary of whether such a finding would constitute a self-created hardship. C. Can the variance be conditioned upon a change in n the property occurring? Yes, the Board may simply impose a condition that a particular variance is granted only if the property is used or set up in a particular manner. If the applicant chose not to meet this condition, the variance would either become void or would never become an approved variance. 7 Y SSW N Sf4 ti F Tiov� O- siou GI"L ? d&U&Ot a 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f�OSoR-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. i 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 I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on February 5, 2004 the Zoning Board of Appeals granted to: John J. Mitchell the follows: 1) a modification to a prior condition to a variance dated 9/2/76 to allow: 5 fuel delivery trucks, 7 service trucks and a 4 bay garage addition (with conditions); and 2) a variance to section 3.A.2 (a) (1)to allow 2 driveways on subject property (with conditions), A- 20 zone. Condition: Approval is contingent upon site plan approval by the Planning & Zoning Commission. on premises located: 1199/1209 Sullivan Avenue and more particularly bounded and described as follows: has sr oaght to bve ie or to two Parcels of lend with all bunangs and Lapcowmenta located thereon situated in the Town of South Windsor; County of Hartford and State Of Connecticut and bounded and described as foAows: Paroel I: i NORTHERLY: by land now or formerly of Robert L. Sadd; EASTERLY: by the highway.known as Sullivan Avenue and Route No. 194; i SOUTHERLY: by land now or formerly of Byron E. West; and i WESTERLY: by land near or formerly of Robert L. Sodd. 3 Containing one and.641100 (1.64) acres. OWNER OF RECORD: John J. Mitchell Dated at South Windsor, Connecticut this 10th day of February, 2004. tephen Wagner, ChaiqYerson PUBLIC ACT#75-317 Received for Record this day of 2004 at VOLUME PAGE TOWN CLERK • APPLICATION FOR SEP () 1076 TOWN OF SOUTH WINDSOR , ZONING BOARD OF APPEALS , 011y�'� I. Application and supplements must be filed in triplicate. 2. Application must be typewritten or printed in ink. S. Answer all items, with particular attention to Page 3. 4. Application must be delivered to Chairman or Secretary no later than 15 days prior to first Thursday of each month. Submit application as soon as possible because it will be returned if incomplete or not described satisfactorily. 5. The applicant or his representative must be present for the Board Meeting(time and place to be advised). TO BE COMPLETED BY BOARD Applicant. .ANNETTE B. FRINK. . . . . JOHN 07.0. MI2I=LL. . . . . . Filed 1199 SullivanAvenue, ' DATE► " ' Mailing Address Avenue, South Windsor, Fee3.C Cozectiout' ' . . . . . . . . . . . Receipt No. //-?/-. 7 6 Is applicant a corporation, co-partnership or individual? .Individual If corporation list names of officers, if co-partnership —owners: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Is applicant owner, lessee or prospective tenant? . . . , , , , . . • , , , . Check one of the following: . ❑REQUEST VARIATION OF ZONING ORDINANCE: To vary Article . . . . . . . . . . . . . . . Section . . . . . . . . . . . . toallow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑OR SPECIFIC EXCEPTION OR 3 10.5 or Section APPROVAL UNDER Section• • • • • • • • . . • . . . . . . . . . . .11 . . . .4.1. .C. . change to a non-conforming use which is not more objectionabl in chaAb%k tirii the- long -standing- non-conforming- uses -of•the. premises or. in the alt ruative, to grant a use variance under Section 11.4.1.c . ❑OR AN APPEAL FROM THE BUILDING INSPECTOR'S DECISION INVOLVING . . . . . . . . . . . . . . . . . . . . . . . . . ❑ OR STATE HEARING UNDER 14-321❑ OR 14-54❑ OF THE GENERAL STATUTES FOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . L1 OR TEMPORARY AND CONDITIONAL PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on premises known as . . . . .1199. .S.ullivan Avenu A-20 . . . . . . . . Zone If TREET ANONUMOERI' . • • • . • • • . • • • • • • Owner of property . . .Ann tte B. Frink • . . , . . , , , Address 1199 Sullivan Avenue . . . . . . . . . —I— . . . . . . . . . . . . . r Indicate plot by diagram, photographs and/or letters, in space below, showing streets, lot lines, building line, zone boundary lines, dimensions and buildings present and proposed. It is important to include adjacent properties with dis- tances from subject property. In case of structural changes or new structure blue print or drawing made to scale must be submitted with this application. Property kne" as 1199 SUIlivan A"ZIUS' go* Copy of A*rial MaP annexed ACTION OF THE BOARD at the meeting held on . . . . . . ..1?1�G. . . . . . AN DENIED . .�.y.:1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • r • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . •v . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _3_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Sentembfr 7, 1976 CERT1FIED MAIL Mrs, Annette B. Frink � 1199 Sullivan Avenue South Windsor, Conn. 06074 Deer 1-Irs. Frink: RE: Appeal No. 1121-76 This is to notify you your application to the South Windsor Zoning; Board of Appeals, renuesting epnrovel under Section 3.10.5 to allow a nonconforminr. use which is not more objectionable then prior non— conforming uses on premises known Ps 1199 Sullivan Avenue, Zone A-201 has been approved. The Board or-reed the premises may be used to garage not more then two fuel oil delivery trucks and not more then two service vehicles, and to provide office spece vdjecent to or substantially within the existing three—stall bus ra roge for not more than three clerks or secretpries of a smell fuel oil business presently conducted by Mitchell Fuel Oil Co. There are to be no fuel oil storage tanks located on the, premises. This action is effective September 15, 1976, and upon filint-, the enclosed form in the Town Clerk's Office. Very truly yours, �ocr9k ` of the Zoning; Board of Appee RW:bck Enclosure J I 1 I r f 3 r 116 + � rl If ve � t f IA` I I 1 1 1 � � llL ' I 01, \. I `\ I�l _ -_-••-y yam'' _ .._. ., I I 884 - ' ' lI , TO: Mr. Robert Warren, Chairman South Windsor Zoning Board of Appeals Narrative Statement Variance Application John J. Mitchell 1199& 1209 Sullivan Avenue South Windsor, Connecticut DPI Project No. 02-1687 October 16, 2003 (Revised for January 8, 2004 continued hearing) The particular approvals being requested are as follows: 1. Modification to prior variance/special exception approval granted by the Zoning Board of Appeals on Thursday, September 2, 1976 to allow: a maximum of five oil trucks (all of which are to be garaged overnight); a maximum of seven service delivery trucks (no more than two may be parked outside on the premises overnight); no more than three secretaries; no more than seven bay garage; and no increase in the number of fuel tanks beyond that which exists on the premises today [fuel tanks and related facilities shall be upgraded consistent with the five recommendations of the Connecticut Water Company in communication dated November 26, 2003 to the South Windsor Zoning Board of Appeals(ZBA)]. 2. Variance to Residence `A' zone, Section 4.3.10 to eliminate buffer requirement (50 foot buffer). 3. Variance to Section IIIA, 3.A.2 a.2,Number of Driveways, to allow two driveways on the subject property instead of one, i.e., one driveway serving single-family residential uses and one driveway serving the existing commercial use. 4. Variance to Section 3.10.7 to allow 4-bay garage extension of a non-conforming use to accommodate secure overnight storage of trucks. 5. Variance to Section 4.3 to allow a second house on a lot(1 house allowed). The specific hardships or peculiar circumstances that support this application are: 1. If the ZBA chooses to approve this application with the condition that the applicant shall upgrade fuel tanks consistent with the recommendations of the Connecticut Water Company, this will afford a greater measure of protection for the Connecticut Water Company's public water supply well in relative close proximity to the subject site. 2. Prior to occupation of the subject site by the Mitchell Fuel Company, this site was occupied by the Frink Bus Company, which included 20-30 buses that were stored and serviced on the premises, along with fuel storage and dispensing facilities. These large commercial vehicles were visible from Sullivan Avenue. This site thus has a history of visible commercial use. 3. Construction of the 4-bay garage addition will allow for overnight storage of the fuel delivery trucks. This will be an aesthetic enhancement given that the fuel trucks will be out of public view. 4. Construction of the 4-bay garage addition (3,280 sq. ft.)will add to the commercial tax base of the Town of South Windsor. 5. Construction of the 4-bay garage addition will allow the applicant and Mitchell Fuel Company to house all fuel delivery trucks in an enclosed and secure environment, consistent with the recommendations of Homeland Security and other federal and state agencies. Fuel delivery vehicles are being considered as a potential terrorist weapon, and as such, should be placed in a secure and locked structure when unattended, especially during non-business hours. Note: At time of writing, a"Code Orange" security alert, i.e., the second highest level, was in effect. 6. The increase in the total number of oil delivery trucks over that which was approved by the ZBA in 1976 is due in large measure to regulations of the IRS and other state and federal agencies which require that certain fuels require a dye, and others be in a clear form. Originally, fuel in a particular delivery truck could be changed from day to day. Governmental regulations now require that kerosene be dyed and that diesel fuel be dyed and clear, depending upon the ultimate user, and that home heating oil be dyed. Originally, both fuel delivery trucks could be used for home heating oil deliveries during the peak demand season, and other times could be used for diesel or kerosene deliveries. Accordingly, in order to maintain two vehicles for home heating oil and to allow for dyed kerosene, dyed diesel and clear diesel fuels, without losing market share, five fuel delivery trucks are required to perform the same product availability to the customer base. 7. In order to accommodate the historic dwelling to be relocated from 1275 Sullivan Avenue, the existing shed, albeit in poor condition, along the northerly property line of the subject property, will be removed. 8. Our proposal relative to driveways is to permanently close the two driveways (existing and per State-approved plan) serving 1275 Sullivan Avenue along with closing one of two driveways serving 1209 Sullivan Avenue, reduce the driveway widths for the driveways serving 1199 and 1209 Sullivan Avenue, and to add a new common driveway serving 1275 Sullivan Avenue and 1209 Sullivan Avenue (i.e., serving the Corner Meadow Senior Residence Development and Mitchell Fuel). Ultimately, 1199, 1209 and 1275 Sullivan Avenue will be served by three driveways to Sullivan Avenue, for a net loss of two driveways, consistent with the goals and objectives of the Access Management Zoning Regulations for this roadway. 9. Driveways will be more conforming to the Access Management regulations upon implementation of this plan. 10. A variance is necessary in order to save the historic residence at 1275 Sullivan Avenue. It is not of sufficient age to attract buyers for it to be dismantled. 11. The relocation of the historic residence at 1275 Sullivan Avenue to a new location north of 1199 Sullivan Avenue, is similar to the manner in which 1199 Sullivan Avenue was saved, insofar as 1199 Sullivan Avenue was also moved to its current location from a location to the south. 12. The only area to which the historic residence at 1275 Sullivan Avenue can be relocated is to the north, for a short distance, due to the location of major power lines. 13. Even with the granting of the variance to allow for the second residence on the subject property, other physical and economic obstacles may arise to preclude implementation of this proposal. 14. Mitchell Fuel has been operating from this location since 1973, and has operated from South Windsor since its founding in 1957. It is a conforming commercial use in the A-20 residential zone by virtue of the 1976 ZBA variance approval. 15. Significant reduction in driveway width/locations serving 1209 Sullivan Avenue will accommodate new landscaping in front of Mitchell Fuel, thus enhancing the frontage of the subject property. 16. The applicant proposes to convey 0.29±acre (a triangular shaped parcel)to N/F Corner Meadow, LLC in order to accommodate a shared driveway. The remaining area of the subject parcel will be 1.5±acres. 17. The variance request associated with the buffer reduction to 0 feet from 50 feet is due to the requirement that the abutting Corner Meadow Senior Residence Development provide a full 35 feet landscaped buffer, which will provide a full screening effect between the residential uses to the south and the Mitchell Fuel use. Accordingly, this variance request should be conditioned on future approval of the senior residence development by the Planning&Zoning Commission. 18. The Corner Meadow Senior Residence Development will be required to have a landscaped buffer along its north, west, and southerly boundaries, which will provide additional screening effect for the properties to the south. 19. Relocation of the dwelling at 1235 Sullivan Avenue to the subject property will reinforce the residential character of the neighborhood, consistent with the A-20 zone. 20. Construction of the Corner Meadow Senior Residence Development will reinforce the residential nature of the area. 21. Enclosing all fuel delivery trucks inside a garage will diminish the commercial character of 1209 Sullivan Avenue. 22. Providing a shared driveway for the relocated historic residence and the existing residence at 1199 Sullivan Avenue is consistent with the requirements of the Access Management zoning regulations. The exact location of this common driveway is yet to be determined. 23. The total width of the three existing driveways to be closed is 118±feet; these will be replaced by two new driveways having a total width of 38±feet, and a future 30±feet wide entrance serving the Corner Meadow SRD and Mitchell Fuel. 24. The proposed shared driveway serving Corner Meadow SRD and Mitchell Fuel will be farther away from the Pierce Road/Sullivan Avenue intersection consistent with the Access Management regulations. 25. The proposed Corner Meadow SRD will include a landscaped buffer along its street frontage, further reinforcing the residential character of the neighborhood. .y a 26. The applicant and Corner Meadow, LLC will be required to enter into a shared driveway agreement, as required by the new Access Management regulations. 27. Once mature,the buffer to be installed in conjunction with the SRD on the south side of the existing Mitchell Fuel building will be an effective screening between residential uses and the Mitchell Fuel commercial use. 28. The Corner Meadow SRD will be providing substantial open space in the back part of the 1 l±acre property, which is contiguous to the Major Michael Donnelly Land Preserve. 29. Although vehicular access to the Mitchell Fuel operation will be less convenient, it will be satisfactory. 30. If the ZBA chooses to approve this application, the proposed garage addition, driveway modifications, parking modifications, common driveway, and senior residence development will require subsequent site plan approval by the Planning &Zoning Commission. The senior residence development will also require a special exception approval by the Planning& Zoning Commission. 31. The proposed house relocation will observe the greater 50 feet front yard setback requirement embodied in the Access Management zoning regulations(normal A- 20 requirement is 40 feet). We believe this overall application, if granted, will provide for a more attractive Sullivan Avenue streetscape, improved driveway access, and a reduction in the off-site impacts (visual, audio, and environmental)for the existing commercial use. The applicant appreciates your consideration of these variance requests. DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects December 23, 2003 Mr. Robert Warren, Chairperson Zoning Board of Appeals Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 Re: Mitchell Fuel Company DPI Project No. 02-1687 1199 & 1209 Sullivan Avenue South Windsor, Connecticut Dear Mr. Warren: Please find attached the Connecticut Water Company's response to our submitted notification form. To address Cindy S. Fazendeiro's and the Connecticut Water Company's concerns,John Mitchell and Mitchell Fuel Company will agree to the following as a part of the conditional approval for the Zoning Board of Appeals pending application: 1. Mitchell Fuel will not install any new underground fuel storage tanks. 2. Mitchell Fuel will install proper containment for the above-ground 275-gallon kerosene tank and the 500-gallon waste oil tank. 3. The two existing 1000-gallon underground tanks will be removed by June, 2004 and replaced with 330 gallon above-ground tanks in the basement of the house and the office/garage. 4. Mitchell Fuel does not and will continue not to store chemicals in outdoor storage. 5. As a part of Mitchell Fuel Oil Company's present Best Management Practice Program (BMP's), immediate notification on any spills or discharge of fuel oil/gasoline will be to the local officials, State Department of Environmental Protection and The Connecticut Water Company. Should you have any questions,please contact Peter DeMallie or me at 860-291-8755. Sincerely, Design Professionals,Inc. 4 c Richard Boston, Director of Landscape Archi cture Attachment: Drawing-ZBA Map,dated: October 16,2003 with latest revision dated: 12-23-03 cc: John Mitchell, Mitchell Fuel Company, Inc. Michele Lipe, Town of South Windsor Planning Department 165 South Satellite Road, South Windsor, Connecticut 06074 Tel: (860)291-8755 •Fax: (860)291-8757 Email:dpicivil@aol.com J Connecticut Water Company 93 West Main Street fl fl eCAUPHIffiff9p 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 Kupchunog 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. 1. 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. � r 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. Fazendeiro Manager Source Protection and Real Estate Cc: DFL,MJC P. DeMallie s ry)+V Mitchell Request — Application 2596-03 Motions: On moving the house: While we would like to save the 50-year-old house on the property just south of 1209 Sullivan Avenue, and moving said house would be good for the community, I move that we deny application 2596-03's request for a second house on the property located at 1199/1209 Sullivan Avenue without prejudice as the applicant failed to show a hardship with the property that was not self-imposed. On the Modification to the conditions set on the 2 September 1976 variance: • Increase in number of Trucks: o Due to changes in the Statues and Regulations governing the sale and taxation of various fuel types, the 1976 condition of only two fuel trucks becomes unreasonable in that when taken in conjunction with the Federal regulations they impose an unusual or unique hardship. Therefore, I move that we modify the conditions set in 1976, increasing the number of fuel delivery trucks allowed to be garaged overnight on the premises from two (2)to five (5). The hardship is that changes in Federal regulations governing the subject business rendered the conditions set as unreasonable and unenforceable. • Increase in the number of Service Vehicles: o The 1976 condition also limited the number of service vehicles to two (2) vehicles on the premises. It is unreasonable to consider that during the natural course of a business day that all of the service vehicles may not end up on the premises for fueling(the vehicle itself), service or awaiting service, obtaining supplies, or required employee training/meetings. However, it is reasonable and enforceable to limit the number of vehicles parked on the premises overnight. herefore, I move that the 1976 condition be modified to read that no more f ruC_Z5 than two service vehicles may be parked(outside of t e garage)on t e premises during nonworking hours be vn P el - 0 , ._ ee ems. S I . -5 The hardship is created by th € ee�cliian-dtrrg worin�_ ems• � _ � � f • Fuel Tankssf: ., o Given that some fuel storage tanks for e fueling of vehicles (school buses then fuel delivery and service vehicles) existed on the site at the time of the 1976 hearing and that said tanks have been changed and/or upgraded in accordance with Town and State regulations: I move that we deny without prejudice the adding of thQ'9&tanks't"'o the 1976 condition, in that 1)no hardship related to the property was presented and 2) the use of these tanks should be reviewed with the Town Attompy and Zoning rYt p)iC� Cc tl�t s as UC 1-J eaC, Enforcement Officer to ensure that their continued use i ���p�..ywith Connecticut Water Company re nations. On expanding the number of bays on the garage: -------- IMPORTANT NOTE ------- Application 2596-03 reque the expansion of the garage as a variance to section 3.10.7,which deals with expansion a nonconforming use. As we have not determined this to be a nonconforming us ase nor has the applicant presented clear vidence to the same,we cannot rule on this portion of the request as stands because 1 e cannot expand a nonconforming use and 2) if it is not determined to be a noncon o ing use, but a modification to the conditions of an existing variance, then the wr section was cited and we cannot act because we cannot expand a nonconforming u (redundant I know,but it is a real Catch 22). Therefore I recommend that deny without prejudice the applicant's request for variance under section .10.7 as we lack the authority to expand a nonconforming use. Furthermore, we should inform the applicant at if the property meets the requirements of a nonconforming use with the wn Attorney then the expansion could take place under the State statues regarding ex sions of a nonconforming use. Otherwise see below: Recent events including the creation of the Office of Homeland Security and associated V regulations for the protection from terrorist attacks has directly impacted the parking of fuel oil delivery vehicles during nonworking hours. The requirements are for the storage of these vehicles is either a secure garage or fenced in area. Given that in the interest of maintaining property values for the surrounding neighbors it would be more advantageous to house the fuel d@4 +y-vehirtn in a garage vice an open fenced area I recommend the following: ,1 f � I move that we approve application 2596-03's request to/allow a four bay garage extension to the current building. -m5 U b')C C4- t S -k- P(a-n 4-optc_ The hardship is that changes in the Federal regulations requires the use of additional fuel delivery s+es and that Homeland Security requirements, stipulate how said vA4eks must be stored, resuU-in the 1976 conditions breoming unreasonable and unattainable with the current three bay garage. On the driveways: I move that we approve application 2596-03's request for variance to section 3.A.2 (a)(1) 4-o �z I +WQ S on +—he pscpec-t e le 4nC fcrra-seeexd driveway at _11 2nP ""'i e ,,, �. ': e �yS._, ,Se r _'+ i rr�1 i G t i T--e s i cka_xx� t� i t�S ..a�r+ k t�Y�e, d f v ? ^? 5 e Y O r� cur l ist _, +IV— �x I;5f i-D Comm'C �A�G Hardship: The layout of RI6m=g oommercial use and house creates a need for the second driveway. The second driveway will separatdc mmercial traffic geu � th� n from residential traffi c.fer- •,, ' 01ivwr*V M rM On the buffer: I move that-ve approve application 2596-03's request for a variance to section 10.4.a long the south property line, except that instead of reducing the buffer to zero feet from 50 feet required, that the-buffer be reduced to the maximum size that will fit with the proposed driveway of the new,senior living condominiums. Hardship: The placement of the nonconforming office building location on the lot, a 50 buffer required by A-20 zoning would not Condition: This variance is granted on the approval arid•completion of the transfer of a section of property at 1209 Sullivan Avenue to the adjacent lot,wand for with the approval of the site plans by planning and zoning for the new senior development. x 3 Y November 5, 2003 Zoning Board of AppedIs Mr. Hobert Warren, Chair 1540 Sullivan Avenue South Windsor, CT 06074 Dear Mr. Warren, I am pleased to address a few important concerns involved in the zoning issues presented by the application of the Mitchell Fuel Company of South Windsor. Beginning in 1998. the system of handling fuels as required by the federal Internal Revenue Service becarne complex and cumbersome for petroleum marketers. There are four ways that kerosene is sold after July 1,1998. The fast is as a dyed product; this product will be tax-free and can be used by all tax-free purchasers of kerosene, The undyed kerosene can be sold three ways. if it is graded as jet fuel-and is sold to a 637 H license holder, then the fuel is solo tax-free. if it is undyed and sold to o fixed base operator (airport) and it is destined for aircraft use, and a certtricote is executed, then the fuel is sold with a tax of$.219. if it is undyed and sold to a marketer who intends to use if for[Mending into diesel or heating sail, or who intends to sell it for any use, the tax of$.244 attaches. And this addresses only kerosene. We have similar dyed and undyed heating oil I diesel fuel Jonroad] 1 diesel fuel foffraod]: Heating oil and offroad diesel is dyed red, while onroad, low sulfur diesel fuel is left clear. White the aforementioned may sound complex, allow me to bail this down as much as passible. As the changes in tax regulations have come upon us, the needs of petroleum marketers to increase the number of vehicles they have for deliveries has followed the changes. The need for more vehicles has come as a result of marketers not being able to mix these dyed and clear fuels. To Alcap Ridge- Cromwell, C� 06416 • Tel. (860) 613-2041 • Fax (860) 632-1122 • www.icpa.org Z0 39V7d V7dOI LEZOIZ9098 t,6:6T 60OZ/9O/ T — Page 2. Mr. Robert Warren, Chair Zoning Board of Appeals South Windsor, CT The changes in fuel blends continues, Not only do we see fuels dyed for their tax status, but we also see fuels further segregated based on the sulfur content of the products. There are high as well as low sulfur variations of the dyed and undyed products, tending further complication and further need for segregating the deliveries w(fh more vehicles as the products cannot be mixed by sulfur content any more than by dye status. Understandably, companies such as Mitchell Fuel Company are pressed to increase the number of vehicles they operate to keep up with the requirements of segregating fuels. We appreciate the opportunity to provide you with some background to the reasoning behind the need for the Mitchell Fuel Company's zoning request and would be pleased to answer any estions about the issues we have addressed herein at any time. E ene A.Guilford, Jr. Executive [director i 60 3E)VcJ VdOI LEZOIZ9098 176:6T 600Z/901TT HAZARDOUS MATERIALS COMPANY ANTI-TERRORISM TIPS When the National Threat Level is raised to Code Orange, the following actions are to be taken: Personnel Security: Brief your employees to report suspicious incidents or events. • Post the Nation's Threat Level in the Driver's room or other public area. • Convene a brief security meeting when the Threat Level increases and review security plans and tips with employees. • Make sure all employees handling or transporting hazardous materials have adequate communication devices in case of emergency. Test these systems. • If you have a management crisis team_, verify their 2417 contact information and place them on"ready alert." • Assure that all employees have proper and up-to-date identification. • Assure that company personnel monitor news and other information sources for events or changes in conditions and respond as appropriate. • Review Driver Anti-terrorism Tips list. Facility Security: • Cooperate with federal or local law enforcement officials concerning security checks or safety checks. • Restrict the availability of information related to your facility and employees, and the materials you handle. • Restrict access to a single entry or gate. Control who enters and leaves your facility, if possible. Require visitors to show photo identification and have someone accompany visitors at all times. • Reduce your internal tolerance for"security anomalies,"such as overdue or missing vehicles, perimeter of physical plant intrusions, unverified visitors, evidence of tampering etc., • Install additional security systems on areas containing hazardous materials, if needed. • Do not preload hazardous materials shipments. • Require employees to display identification cards or badges while at the facility. • Conduct spot checks of personnel and vehicles. • Test your emergency response communications systems. • Upgrade security procedures for pick-ups and deliveries.Verify all paperwork and require pick-up and delivery appointments from known vendors. Require pick-up drivers to provide driver's name and vehicle number-confirm with vendor. Accept deliveries in designated areas only. • Confirm legitimacy of new vendors though listings in phone book or industry publications, websites or references. If possible or appropriate, secure hazardous materials in locked buildings or fenced areas. Have a sign-out system for keys. • Secure valves, manways, and other fixtures on transportation equipment when not in use. Secure all rail, truck, and barge containers when stored at your location. • Use tamper-resistant or tamper-evident seals and locks on cargo compartment openings. t • Maintain current inventories of on-site hazardous materials and check account for shortages or discrepancies. En Route Security: • Verify identify of carrier or driver prior to hazardous materials loading. Ask driver for photo identification and compare with information provided by carrier. • Ask the driver to tell you the name of the consignee and the destination for the material and confirm with your records before releasing shipments. • Identify preferred and alternated routing, including acceptable deviations. Make sure routing complies with local routing restrictions. • If possible, alternate routes to frequent destinations. • If possible minimize exposure in downtown or heavily populated areas and expedite the shipment to the final destination. • Minimize stops en route; if you must stop, select locations with adequate lighting on well- traveled roads and avoid high-crime or dangerous areas. • If materials are stored during transportation, make sure storage facilities are secure. • Train drivers how to avoid hijackings or theft of property-keep vehicles locked when parked and avoid conversation on open channels or with strangers about route, cargo, and destinations. • Consider using advanced technology to track or protect your cargo en route to their destination (i.e., satellite tracking systems, anti-theft systems for trailers and tractors and surveillance systems). GPS tracking systems should relay updates more frequently. • Install tamper-proof seals on all valves and package or container openings. • Implement a system for a customer to alert the shipper if a hazardous materials shipment is not received when expected. • When products are delivered, check the carrier's identity with shipping documents provided by the shipper. Get to know your customers and their hazardous materials programs. If you suspect you shipped or delivered a hazardous material to someone who may intend to use it for a criminal activity, notify your local FBI office or local law enforcement officials. Report any suspicious or unusual behavior or incidents to your local law enforcement officials. h HAZARDOUS MATERIALS DRIVER ANTI-TERRORISM TIPS When the National Threat Level is raised to Code Orange, the following steps should be taken: On the Road: • Be alert when driving. Look for vehicles following you, especially if there are 3 or more people in the car. If you believe you are being followed, call your dispatcher or 911 immediately. • When leaving your facility, be aware of any possible surveillance of your facility or your truck. • Don't discuss your cargo, destination, or trip specifics with people you don't know or on open channels. When stopped at a traffic light or in traffic, be aware of anyone approaching your vehicle. • Make sure you have communication devices to contact your dispatcher and emergency officials. Carry a back-up if possible. Stopping at Facilities: • Leave your truck in a secure parking lot or truck stop if possible; if not, be certain someone can watch your vehicle. • Never leave your vehicle running with the keys in it; shut off the engine and lock the doors. • If possible, don't stop in unsafe or high-crime areas. • Use seals or other methods to prevent and identify tampering. • Don't preload hazardous materials shipments without adequate security. Protecting Your Vehicle: • Consider the use an engine kill switch if possible • Use tractor and trailer brake locking devices when possible • If you drop a trailer, use a fifth wheel lock whenever possible. • Perform a quick walk-around to check your vehicle for foreign objects after all stops. November 6, 2003 Margaret+Dirk-Barry 1212 Sullivan Avenue South Windsor, CT 06074 Zoning Board of Appeals 1540 Sullivan Avenue South Windsor, CT 06074 Chairman Robert Warren Dear Mr. Warren, My husband and I have reviewed the proposed application of John J. Mitchell for the property, 1199/1209 Sullivan Avenue. After careful consideration, we support the requested variances. Our home is located east and directly across from Mr. Mitchell's property. We believe the proposal will better secure the vehicles located there and enhance the overall appearance of the property. Yours Truly, Margare#Dirk-Barry 1019 Strong Road South Windsor, Ct. 06074 January 8,2004 Gentlemen: As a lifelong resident of South Windsor and a neighbor of the area owned by John Mitchell et al, I thought the Board might be interested in my observations concerning the proposed changes to this area. Having a remembrance of"Ella&Byron West"home from childhood, it always remains in my mind as the location of afternoon tea with the"Ladies Aid Society"from Wapping Community Church. This home was a lovely and gracious part of the history of Wapping,and I think any effort to preserve it should be given favorable consideration. I have a long knowledge of the original homes on Sullivan Avenue in the adjacent areas as my maternal grandparents were in the large brick house on"Hillsdale Farm"which is now Strawberry Fields and my paternal grandparents were on the Collins Farm (directly across from Mitchell Fuel)which is now Collins Crossing. Both of these new developments are age restricted residences which seems to indicate that the area is well suited to that type of building. It may well be a good buffer to the anticipated spread of business type operations that are sure to make their way along Sullivan Avenue radiating out of the development of Town Center and Evergreen Walk. I would like to see public sewers and public water in the proposed development of the Mitchell Property and a requirement that the units blend with the original farm character of the neighborhood to try to somewhat maintain our country atmosphere in an over- growing residential community. There are many acres of open space land bordering this proposed development which belong to the town and has the Podunk River running through it. If the unused Mitchell Property was combined with this and the river cleaned so that it could flow freely and not spread into the fields creating swamp and marsh land,this valley would be a lovely vista for all to enjoy,including those living in the new condiminiums. Sincerely, W651c,� c Priscilla C. Snow INVENTORY FOR MONTH OF N a2 ©3 PRODUCT - INCHES/TRUCK# - GALLONS - ENDING METER# GAS 3`f(.p Total Gallons of Gas ##2 1 ,� 3q 3q" a 5 Total Gallons of#2 L.S.D.F. :d- 32 3oV Total Gallons of LSDF CLEAR K-1 (o Total Gallons of Clear K-1 TOTAL CLEAR K-1 SOLD TO UBLIC = Gallons MFC LSDF USE _ '74(, Gallons MFC GAS USE _ l05c),Y- Gallons �J PUMPOUTS STATE OF CONNECTICU r UNDERGROUND STORAGE -.h;< EPHM-B Rev.5/94 PG of - A DATE ENTERED 2 Department of Environmental Protection , 3 FOR STATE Q FACILITY NOTIFICATION UNDERGROUND STORAGE FACILITIES PROGRAM AGENCY USE ONLY . Z Bureau of Waste Management .' B.FEE BILLED C.FEE RE9EIVED p FIRST 79 ELM STREET,Hartford,CT 06106-5127 ❑ / U 1 a. NOTIFICATION TEL.(860)424-3374 w OR SITE I.D. 7X;-- OORDINATES E.DOES FACILITY MEET NEW REQUIREMENTS?, JPLEASE TYPE OR PRINT.ALLTHREE COPIES MUST BE LEGIBLE bSUBSEQUENT (if checked, -2 4T ❑YES ❑ NO a NOTIFICATION enter no. Refer to INSTRUCTIONS FOR FILING NOTIFICATION before completing form. LOCATION SITE NAME NO.AND STREi;T .:. NEAREST INTERSECTING STREET CITY OR TOWN STATE 5.LATITUDE LONGITUDE 4. OF FACILITY ,.. o � �r I o r r Aftilih Fuel BUSINESS NAME AND NAME NO.AND STREET I OW S ZI ODE —"TELEPRONE 6. MAILING ADDRESS _ Qfts&*!I6 CM m NAME NO.A S r" S VIEV509F TELEPHONE O 7. FACILITY OWNER _ : ( 8611) w 8.TYPE OF OWNER _L.X1 PRIVATE_. - . ❑ STATE __ .0 MUNICIPAL ❑ FEDERAL(G.S.A.NO. - ). fn NAME NO.AND_STREET CITY OR TOWN . STATE ZIP CODE TELEPHONE OPERATOR/CONTACT.- � s. PERSON Jahn J. Mitchell, Jr. 63 Country Club Road Bolton CT 06443 ( 860 )647-1940 10 11 a. 11b. 12a. 12b.STATUS 13 TYPE OF 14.CONTENTS 15.CONSTRUCTION 16:PROTECTION .' - 17.INTEGRAL 18. 19.FAILURE CONTENTS MATERIALS a.INTERNAL b.EXTERNAL PIPING SYSTEM DETERMINATION b. CONDUCTED? TANK I.D. DATE OF TOTAL I EST.QUANTITY DATE 0 � CHEMICAL NAME OF PRINCIPAL ul o E Z � E z� z DATE OF MONITORING z_ ww I - (pw .0 0 00 o. g om INSTALLATION A e CAPACITY w z v LEFT STORED w TANK 11 o ¢o SUBSTANCE ¢O o ¢ o w o I= w ¢t INSTALLATION SYSTEM (If"YES",enter"DATE" w d m O > t o U— w Jml— w < w z OU wo OV w ro . �d' (Mo./Yr.) a` (Gals.) x o g (If any) o LAST w x -(not trade name) w 0 o U) = z. t—a .z G w OR and attach results). w x ? z o I Gals. w USED w a Enter C.A.S.No.,if known co w z a 0 ? z 0 o cc d ~d REPLACEMENT (specify w— m Z I (Gals.) o x J ( ) m—a o fl x ¢o c) a Ct o a o W M type (If"NO",enter"NO") (Mo.N0 J o ¢ cn o Cr 3 v a' v oa a— (Mo./Yc) from list B) LL Example 5R5 30 5000 X X Heating fuel#2 X X H 3 H 5/75 U NO Example 7/60 - 8000 X WEI X �'i'l'-Tricloroethane X X E 7 W 7/60 U - CAS#79016 Al 8f98 30 2000 x X Diesel Fuel X X X % :, D 6 W 8/98 T NO o A2 8 98 30 1000 X X No Lead Gas -X A X X-. D 6 W 8 98 T NO i— f 20.HAVE YOU ATTACHED SKETCH OF TANKS AND LOCATION? ® YES 22•CERTIFICATION:I certify under penalty of law that I have personally examined 22 SIG TURE 22b.DATE SIGNED and am familiar with the information submitted in this and all attacfied documents and that e��y j 21.COMMENTS: Weeder Root TLS— 300—C and System based on my inquiry of those individuals immediately responsible for obtaining the Information, / 1 7/C)3 I believe that the submitted information is true,accurate and complete. 22c:N ME(Type or P t) 22d.OFFICIAL TITLE(of owner or authorized .L Penalties:any owner who knowingly fails to notify shall be subject to a civil penalty not to representative). n exceed$10 000 for each tank for which notification is not given or for which false information _ - ig submitted. John J.+ Mitchellil, Jr. Vice President `` fA COPY f 3. RETAIN FOR YOUR RECORDS Department of Consumer Protection License Status Page 1 of 1 CL,Innecdc L,icelt'sing HELP C*,nnejo e M Info center V License Department of Consumer Protection Gasoline& Heating Category: 9 Oil Sales Select a credential type from the specific list below... Credential Type: I Gasoline Sales- Retail *To verify a license status, either enter the Credential Number or search for the License Holders Name. When searching names, entering fewer than three characters will only return exact matches. Entering four or more characters will perform a wildcard search.. *Credential Number: Enter Number *Business Name: IMITCHELL - Or Business Name *Last Name: = Or Last Name First Name: (Refine using First Name) CNO matches found. Please check your search criteria and note that entering fewer than three characters for Last Name or Business Name will only return exact matches. Questions E-mail License.services@po.state.ct.us or Tel: 860-713-6000 Fax:860-713-7239 State of Connecticut Disclaimer and Privacy Policy. Copyright @ 2000 State of Connecticut. Universal Website Accessibility Policy applies. -N v. http://www.dcpaccess.state.ct.us/DCPPublic/LicenseLookup.asp 12/4/2003 Underground Storage Tank Program Fact Sheet Page 1 of 4 k d MENTAL PROTECTION Underground Storage Tank Program NOTE: This is not a permitting program. Program Overview The Underground Storage Tank(UST)program, administered by the Bureau of Waste Management, is designed to prevent releases by closely monitoring petroleum and chemical USTs and by imposing deadlines for the removal of older USTs, connected underground piping, and ancillary equipment before they fail. clowse it itls .D `' if you have not previously done so. al, you will comply with both state and U.S. Environmental Protection Agency(EPA)UST registration requirements. Authorizing Section 22a-449(d) of the Connecticut General Statutes (CGS) Statutes Regulations Sections 22a-449(d)-1 and 22a-449(d)-10 1 through 113 of the Regulations of Connecticut State Agencies (RCSA) Who Must All owners of nonresidential USTs that contain motor fuels, heating fuels, Comply? waste oils, or Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) listed chemicals must comply with the above referenced regulations. A UST is defined as a tank that is used or designed to contain an accumulation of regulated substances, and the volume of which(including the volume of underground pipes connected thereto) is 10 percent or more beneath the surface of the ground. For exemptions to these requirements refer to RCSA Section 22a-449(d)-1(a) and(c) and Section 22a-449(d)-101(a). Who Must Notify? All owners or former owners of nonresidential USTs, as described above, are required to notify DEP and the local fire marshal. For exemptions to this requirement refer to RCSA Section 22a-449(d)-1(a) and (c) and Section 22a-449(d)-10 1(a). Required Underground Storage Facility Notification Form (EPHM-6) Documents Fees Effective August 21, 2003, the application fees associated with this program have increased. An installation fee of$100.00 per tank will be billed by the UST Enforcement Program upon receipt of the Notification Form (EPHM-6). In addition, DEP has the statutory authority under CGS 22a-449(e) to bill an inspection fee of$100.00 for nonresidential USTs not http://www.dep.state.ct.us/pao/PUMPfact/USTfact.htm 1/8/2004 Underground Storage Tank Program Fact Sheet Page 2 of 4 more than once every five years. Unique Processing Owners and operators of all USTs, including residential, and above ground Features tanks must notify and/or comply with local fire marshal requirements. Standards for New Underground storage tanks (including residential), connected underground Installations piping, and ancillary equipment must be cA s re c (i.e.,non-corrosive) o a ma n. Tbbese standards for the installation of new USTs have been in effect since As of October 1, 2003, all newly installed commercial USTs, and residential heating oil USTs for four or more units must also be double- walled with double-walled piping, both having a continuous 360-degree interstitial space that is continuously monitored using inert gas or liquid, or vacuum, electronic, or mechanical monitoring. 1998 Deadline for 99_ o_w anent Meeting New the m _u _, a ex_e uirements^to their underground.storage tanks: Standards and spill and over ill r tic tion. Ex s may e upgraded to meet these uirements Requirements final life expectancy determin tion for ch USTs would sti apP y e D -.3• gXen1 s.; The following USTs are exempt from the December 22, 1998 deadline: • USTs storing heating oil for consumptive use on the premises where it is stored(although other usage deadlines are applicable); • Farm and residential USTs of 1100 gallons or less capacity used for storing motor fuel for noncommercial purposes; • Tanks on or above the floor of underground areas such as basements; • Septic tanks; • Storm-water or wastewater collection systems; • Flow-through process tanks; and • Emergency spill and overfill tanks. Reporting and Owners and operators of nonresidential USTs must report the following to Record Keeping the UST Enforcement Program on the Underground Storage Facility Notification Form (EPHM-6): new installations, AWANWchanges in status of USTs, changes in owner or operator information, or failure http://www.dep.state.ct.us/pao/PUMPfact/USTfact.htm 1/8/2004 Underground Storage Tank Program Fact Sheet Page 3 of 4 determination testing. erators of nonre 'd a' gin the toll a di vaial for i ova .. .DEP: ocumentahoRoperations of corrosion protection equipment, UST system repairs, compliance with release detection requirements, and the results of the site investigation conducted at permanent closure. Such records, including copies of all Notification Forms, must be maintained at the UST site for at least five years beyond the operational life of the UST system. Records, if greater than five years old, or with written approval by the commissioner,may be kept at a readily available alternative site, but must be made immediately available to DEP inspectors upon request. LA i d. If contamination is discovered, it must be reported immediately to DEP and site clean-up must be conducted to bring the levels of contaminants below the current DEP remediation standards. UST Petroleum CGS Sections 22a-449a through Section 22a-449h established this account Clean-up Account to provide financial assistance for clean-up of sites impacted by leaking USTs and to enable petroleum tank owners to fulfill the financial responsibility requirements under 40 CFR 280.90. For eligibility criteria, regulations, or application forms, please call the UST Petroleum Clean-up Account Program Staff at 860-424-3370. Contact UNDERGROUND STORAGE TANK ENFORCEMENT PROGRAM Information BUREAU OF WASTE MANAGEMENT DEPARTMENT OF ENVIRONMENTAL PROTECTION 79 ELM STREET HARTFORD, CT 06106-5127 860-424-3374 This overview is designed to answer general questions and provide basic information. You should refer to the appropriate statutes and regulations for the specific regulatory language of the different permit programs. This document should not be relied upon to determine whether or not an environmental permit is required or whether your underground storage tanks,facilities, or systems are in compliance with regulatory requirements. It is your responsibility to obtain and comply with all required permits. Fact Sheet: DEP-PUMP-FS-400 Last updated: December 15, 2003 Permit Application Forms,and_Instructions I Connecticut General Statutes Users Guide to Environmental_Permits I Environmental Program Fact Sheets Home I Zontact_us I Search I Feedback I Website Legal Info Send comments or questions regarding this site to depmebmaster@po.state.ct.us http://www.dep.state.ct.us/pao/PUMPfact/USTfact.htm 1/8/2004 UST Closure Sampling and Analytical Methods Page 1 of 2 - �1'f ENTAL PROTECTION Sampling and Analytical Methods for Underground Storage Tank Closure The Connecticut Department of Environmental Protection(DEP) recognizes that some owners and operators of underground storage tanks (USTs)regulated by Sections 22a-449(d)-10 1 through 22a-449 (d)-113 of the Connecticut regulations are uncertain of the sampling and analytical methods required for UST closure. The following procedures satisfy the sampling and analytical method requirements of 22a- 449(d)-107 for typical service station sites,but owners and operators are responsible for ensuring that acceptable sampling and analysis is performed. Please contact DEP UST Enforcement Program staff at (860) 424-3374 if you have any questions regarding these or other UST issues. Samples from a stockpile or other disturbed soil do not satisfy these requirements. Owners and operators must ensure that samples are obtained where contamination is most likely to occur and that analyses are performed by a laboratory certified for the particular analysis by the Connecticut Department of Public Health. Sampling should be done by a person experienced in the proper collection and handling of such samples and must be conducted in accordance with all applicable health and safety requirements. Never enter an unsafe excavation for any reason. Individual soil samples should be obtained from the underlying native soil at each end of the tank and at the level of the tank bottom from each of the sidewalls. If ground water is present in the excavation, the sidewall samples should instead be,obtained at the level of the water and a water sample must be collected. Samples should also be collected beneath dispensers and beneath product lines in the vicinity of fittings and at no more than twenty foot intervals along the piping. Pkaanrlc�n,nu a-r c'r;n b th t e t - a P . . eta , an eneat � sue Wy-, d. .n �� The DEP considers the analytical methods (or alternative methods acceptable to the DEP) in the following table to be acceptable in accordance with Section 22a-449(d)-107, but additional analyses may be required. Every sample, except as noted, should be analyzed for all potential contaminants listed for any product ever stored in the UST. Analyses must be performed with analytical detection limits as defined in the Remediation Standard Regulations (Section 22a-133(k)-1 of the Connecticut regulations). If contaminated soil, contaminated ground water, or free product as a liquid or vapor is observed on site or is detected by sample analysis, the DEP must be immediately notified at(860) 424-3338 and corrective action in accordance with Section 22a-449(d)-106 of the regulations must be undertaken. In addition, significant environmental hazards must be reported per PA 98-134. For further information on PA 98-134 contact the Permitting, Enforcement and Remediation Division of the DEP's Bureau of Water Management at(860) 424-3705. Product Stored Potential Contamination Suggested Analytical Method{ gasoline aromatic volatile organics and MTBE EPA 8021 or 8260(collection method lead(if leaded gasoline) EPA 5035) EPA 7421 (TCLP or SPLP) fuel oil or diesel extractable total petroleum Connecticut ETPH (see note below) hydrocarbons,aromatic volatile EPA 8021 or 8260(collection method organics and MTBE EPA 5035) semi-volatile organics EPA 8270 hq://www.dep.state.ct.us/wst/ust/ustclose.htm 1/8/2004 UST Closure Sampling and Analytical Methods Page 2 of 2 waste oil extractable total petroleum Connecticut ETPH hydrocarbons EPA 8021 or 8260 aromatic volatile organics and MTBE EPA 8021 or 8260 halogenated volatile organics EPA 6010(TCLP or SPLP) RCRA 8 metals EPA 8080 PCBs 11 For any unknown or other unlisted product: contact DEP UST Enforcement Program staff at(860) 424- 3374 Note: For fuel oil or diesel UST closure, analyze all samples by Connecticut ETPH method and, at a minimum, analyze the most contaminated sample (base on field observation)by the additional methods. For further information please contact the Underground Storage Tank Enforcement Program at(860) 424-3374 or write to: Department of Environmental Bureau of Waste Management Underground Storage Tank Program 79 Elm Street Hartford, CT 06106-5127 Top I Underground Storage Tank Program I Bureau of em Waste Mana ent Last Updated: October, 2000 Home I Contact Us I Search. _Feedback I Wpbs�ite Legal.lnfo Send comments or questions regarding this site to depwebmastein&o.state.ct.us Copyright 1998-2003 Connecticut Department of Environmental Protection http://www.dep.state.ct.us/wst/ust/ustclose.htm 1/8/2004 Underground Storage Tank Regulation Summary Page 1 of 2 - , v x yWCOONMENTAL£ PROTECTION Underground Storage Tank Regulatory Summary The underground storage tank(UST)regulations are preemptive in nature. Both at federal and state levels, the regulations are designed to prevent releases by closely monitoring petroleum and chemical storage and by imposing deadlines for removal of older USTs (and UST components)before they fail. All commercial underground storage tanks, regardless of volumetric capacity, fall under Sections 22a449(d)-a or 22a-449 (d)-101 through 113 of the Regulations of Connecticut State Agencies if containing motor fuels, heating fuels,waste oils or CERCLA-listed chemicals. Tank facilities, including integral piping, with ten percent or more of total volume below grade are considered "underground." Since November 1985, it has been illegal to install any nonresidential UST component which is neither fiberglass-reinforced plastic (i.e., noncorrosive) nor which has a manufacturer-applied anti-corrosive coating and cathodic protection. USTs and UST components which meet these criteria are said to meet new installation standards. As of October 1, 2003, these standards require that new UST installations be double-walled with double-walled piping, both having a continuous 360' interstitial space monitored continuously via inert gas or liquid, vacuum monitoring, electronic monitoring or mechanical monitoring. USA 'aj"���3'1fR � t�►e�xT-n+,ctallatinnetandarrlc (e.g.,bare-steel or concrete tanks and piping) coh d not b $5 and canny e r lon r than twenty(_.0 g life exptany�a: i eenycap ive om ega ate o ms a a ion. o UST-ci hip'61 effs fiyears ro viding failure detertnial co r ins flat an - terns are etermined s greater than twenty years of age prior to September 1, 1989 were required to be a en out"-service before that deadline. UST systems greater than ten years of age had to be upgraded to meet new installation standards and equipped with spill and overfill protection prior to December 22, 1998. If so upgraded,USTs not meeting new installation standards may be used up to twenty years if shown not to be leaking via annual testing. I e. Al material, usually dry sand or concrete)must be accompanied by a closure report which includes sar otentially groundwater)to verify that petroleum/CERCLA chemical releases have not occurre I contamination is discovered, those releases must be reported immediately to the DEP and clean-up must be conducted to bring levels of contaminants below current departmental standards. Daily inventories,weekly and monthly reconciliations of those readings must be conducted for USTs containing motor fuels. Daily losses or gains exceeding one half of one percent of the total volumetric capacity of the tank system are considered "abnormal' and must be investigated and reported as potential leaks. If inventories and weekly reconcilements are performed as required, UST owners/operators of heating oil USTs need only conduct annual failure determination tests to comply with state and federal leak http://www.dep.state.ct.us/wst/ust/ustregs.htm 1/8/2004 Underground Storage Tank Regulation Summary Page 2 of 2 detection requirements. Options for leak detection, other than annual failure determination testing, include automatic tank gauging systems, interstitial monitoring (in the case of double-walled tanks), monthly sampling of groundwater monitoring wells or monthly monitoring of"vapor sniffing" wells. Piping also must be periodically tested for integrity. A] 01,111111115 sijl - m- VIM— ,1 v _ 6 notiImmfication forms. nt. For further information contact the Underground Storage Tank Enforcement Program at(860) 424-3374 or write to: Department of Environmental Protection Bureau of Waste Management Underground Storage Tank Enforcement Program 79 Elm Street Hartford, CT 06106-5127 Top I Underground Storage Tank Program Bureau of Waste Management Last Updated: November 2003 Home I Contact Vs I Search I Feedback I_W_...e.bsite Legal Info Send comments or questions regarding this site to de.webmastera@po state.ct.us Copyright 1998-2003 Connecticut Department of Environmental Protection http://www.dep.state.ct.us/wst/ust/ustregs.htm 1/8/2004 Page 1 of 2 Sec. 14-318. Definitions. Terms used in this chapter shall be construed as follows, unless another construction is clearly apparent from the language or context in which the term is used or unless the construction is inconsistent with the manifest intention of the General Assembly: (1) The following terms shall be construed as they are defined in section 14-1: "Fuels", "motor vehicle" and "person"; (2) "Commissioner" means the Commissioner of Consumer Protection or any assistant to the Commissioner of Consumer Protection who is designated and authorized by, and who is acting for, the Commissioner of Consumer Protection; (3) �'Distribut+ " means any person,wherever resident or located,who imports fuels or causes fuels to be imported into this state, for sale or use; a person who produces, refines, manufactures or compounds fuels within this state; and a person who distributes gasoline by tank wagon in this state; (4) "Local authority" means the selectmen or town manager of a town, the mayor of a city or the warden of a borough, except in any town or city having a zoning commission and a board of appeals, in which event "local authority" means the board of appeals; (5) "United States Government Motor Gasoline" means gasoline which is or may be prescribed by the federal specification board of the United States government for use as fuel for motor vehicle, motor boat and similar engines; (6) "United States Aviation Gasoline, Domestic Grade" means that gasoline which is or may be prescribed by the federal specification board of the United States government for use as aviation fuel; and (7) "Retail dealer" means any person operating a service station, filling station, store, garage or other place of business for the sale of motor fuel for delivery into the service tank or tanks of any vehicle propelled by an internal combustion engine. (1949 Rev., S. 2535; P.A. 84-429, S. 43; June Sp. Sess. P.A. 91-9, S. 1, 10.) History: P.A. 84-429 divided section into Subsecs.,rephrased provisions, added definition of"local authority" in Subdiv. (3) and made other technical changes; June Sp. Sess. P.A. 91-9 deleted reference to "commissioner" in Subdiv. (1), inserted tie-,v definition of"commissioner" as Subdiv. (2) and renumbered remaining Subdivs. accordingly. Cited. 131 C. 714. Return to Return to Return to Chapter Table of List of List of Contents) Chapters) Titles Sec. 14-319. License required for sale of gasoline. Prohibited grounds for refusal to grant or renew license. (a) A person shall sell or,offer for sale any gasoline oT other product intended for use in-the propelling of motor vehicles using combustion type engines over the highways of this state without having applied for and received from the commissioner a license to sell such gasoline or other product. Each person applying for any such license shall, in such application, state the location of each place or station where such person intends to sell or offer for sale any such gasoline or other product. Each such license shall be renewed annually. A kcense fee for each such place or station shall be charged as follows: For each station containing one pump, fifty dollars; and, £or eaph,station containing more than 9ne pump, fifty dollars,plus fourteen dollars for each pump in excess of one. The fees shall be paid to the commissioner. (b) The commissioner shall not refuse to grant or renew any license under this section on the ground that (1) any licensed activity shall be conducted by the licensee on real property on which shall also be located one or more other businesses, enterprises, or activities,whether or not licensed under section 14- 52,owned or operated by one or more persons, other than the licensee, or(2) the licensee shall make use of any common areas or facilities together with the owner or operator of any such other business, enterprise or activity. (c),Jn determining whether to grant or to renew any ham ftr this seotron lherommissionerVll http://www.cga.state.ct.us/2003/pub/Chap25O.htm 12/3/2003 Page 2 of 2 consider whether the applicant or licensee has been found in any judicial or administrative proceeding to have violated the requirements of subsection(c) of section 14-332a. (1949 Rev., S. 2536; 1961,P.A. 581, S. 18; P.A. 83-489, S. 13, 17; P.A. 84-254., S. 52, 62; 84-374, S. 2, 84-391, S. 7, 8; P.A. 94-36, S. 21, 42; P.A. 98-128, S. 3, 10.) History: 1961 act increased license fees;P.A. 83-489 increased license fees for each place or station as follows: For each station containing one pump, from seven to fourteen dollars; for each station containing more than one pump, from seven dollars plus two dollars for each pump in excess of one to fourteen dollars plus :four dollars for each pump in excess of one; P.A. 84-254 periodically increased the fees scheduling the *increases to take effect on July first of the following years: 1.985, .1989, 1991 and 1993; P.A. 84-3 374 divided section into Subsecs. and inserted new language in Subsec. (b), prohibiting the coininissioner from refusing to grant or renew a gasoline sales license where another independently owned business shares the same property; P.A. 84-391 provided for the staggered renewal of gasoline sales licenses, deleting provision whereby licenses expired on first day of October following issuance-, P.A. 94-36 amended Subsec, (a)by eliminating a staggered schedule of rene"ving licenses and a prorated license fee and made technical.changes, effective January 1, 1995; P.A. 98-128 added Subsec. (c)to require commissioner to consider whether an applicant or licensee has violated the requirements of Subsec. (c) of Sec. 14-332a, effective July 1, 1998. See Sees. 16a-6 and 16a-22d re information to be submitted by applicant. See Sec. 21 a-I 0(b)re staggered schedule of license renewals. History of statutes concerning licensing of gasoline stations. 123 C. 312. Applicant for station in New Haven is not required to comply with section 14-321 before applying to commissioner under this section. 128 C. 701. Cited,. 125 C. 720; 131 C. 715. Does not preclude zoning board from considering size of lot for proposed station in.determining whether it will imperil public. 134 C. 155. Cited.. 135 C. 709; 138 C. 326. A later decision ot'zoning appeals board constituted a conclusive detenilination that there had been a change in conditions and amounted to a revocation of certificate Issued six years before. 139 C. 677. Cited. 139 C. 680; 140 C. 622; 142 C. 66; 144 C. 61; '147 C. 517; 149 C. 514, 515, 516. Cited. 3 CA 556, 558. Cited. 3 CS 224. http://www.cga.state.ct.us/2003/Pub/Chap250.htm 12/3/2003 Page 1 of 4 Sec. 14-320. Approval of gasoline station location by commissioner. W9tation or place of business for,the wholesale or retail sale of gasoline shall be esta4lished or maintained in a place adjoinirig a stale highway, or in a town or city containing fewer than ten thousand inhabitants according to the last- preceding census of the United States, unless the person establishing.or maintaining such station has procured from the commissioner a certificate stating that,'in the opinion of the commissioner, the location of such station or place of business will not imperil the safety of the public. The commissioner may revoke any such certificate whenever, in his opinion, such station will, by reason of its location, imperil the safety of the public. For the initial examination of the location of each such station there shall be charged the sum of one hundred dollat§, and on and after July 1, 1985, one hundred fifty dollars, on and after July 1, 1989, two hundred twenty-five dollars, on and after July 1, 1991, two hundred eighty dollars, and on and after July 1, 1993, three hundred fifty dollars. For the examination of each pump which is to be added to or relocated on the premises of any licensed station and of the proposed location and plan of installation of such pump, there shall be charged a fee of fourteen dollars, and on and after July 1, 1985, twenty-one dollars, on and after July 1, 1989, thirty-two dollars, on and after July 1, 1991, forty dollars, and on and after July 1, 1993, fifty dollars. For the examination of the location of any such station upon the change of ownership of such station, there shall be charged a fee of fourteen dollars, and on and after July 1, 1985, twenty-one dollars, on and after July 1, 1989, thirty-two dollars, on and after July 1, 1991, forty dollars, and on and after July 1, 1993, fifty dollars. (1949 Rev., S. 2537; 19591, P.A. 221, S. 1; 1961,P.A. 581, S. 19; February, 1965, P.A. 52; P.A. 83-489, S. 14, 17; P.A. 84-254, S. 53, 62.) History: 1959 act increased:fee for initial examination of location; 1961 act increased fees for examination of additional pumps and for examination of location on change of ownership; 1965 act added provision re relocated pumps; P.A. 83- 489 increased fees as follows: For the initial examination of the location of each such station, :from fifty to one hundred dollars; :for the exami_nat:ion of each pump to be added to or relocated on the premises of a licensed station and of the proposed location and plan of installation of such pump, from seven to fourteen dollars, and for the examination of the location of any such station upon the change of ownership of such station, from seven to fourteen dollars; P.A. 84-254 periodically increased the fees scheduling the increases to take effect July first of the following years: 1985, 1989, 1991 and 1993. Action of commissioner is revieNvable only where he has acted arbitrarily, illegally or abused his discretion. 117 C. 262. Cited, 149 C. 513, 514, 515. Revocation cannot be by .letter and without hearing. 149 C. 517. Cited. 3 CS 224. _Return to (Return to (Return to Chapter Table of List of List of Contents) ChaptersI Titles). Sec. 14-321. Approval of gasoline station location by local authorities.:Aity person who desires to obtain a license for the sale of gasoline or any other product,under the provisions of section 14-319, shall first obtain and present to the commissioner a certificate of approval of the location for which such license is desired: The certificate of approval shall be obtained from the local authority of the town, city or borough where the station or pump is located or is proposed to be located. A certificate of approval shall not be required in the case of the transfer of the last issued license from one person to another provided no more than one year has elapsed since the expiration of such license, or in the case of a renewal of a license by the holder of the license, or in the case of the addition or discontinuance of pumps. If adjoining physical properties are altered or changed, the applicant shall conform to the provisions of this section. T k commissioner shall not issue any license under the provisions of section. 14-319 for which a certificate of approval is a prerequisite unless the certificate is presented to him within three years after the date on which it was issued. (1949 .Rev., S. 2538; February, 1965, P.A. 229; P.A. 82-460, S. 7; P.A. 84-429, S. 44.) http://www.cga.state.ct.us/2003/pub/Chap25O.htm 12/3/2003 Page 2 of 4 History: 1965 act changed provision re transfer of station to transfer of the last issued license and added requirement that license not be issued if a required certificate has not been presented within three years of its issuance; P.A. 82-460 provided that a license cannot be transferred if more than one year has elapsed since its expiration, P.A. 84-429 rephrased provisions., substituted term "local authority" for definitional language and made other technical changes. See Sec. 14-331 re revocation or suspension of license. .Authority of'rn.ayor toissue or refuse certificate of approval of location. 109 C. 586. Denial of certificate of approval is reviewable only to determine if it was arbitrary, illegal or in abuse of discretion.. 110 C. 80, 128 C. 264; id., 354. 1927 act applies in New Haven, and authority is in mayor, not board of appeals, by virtue of exception in 1929 act. 123 C. 311; 128 C. 264. *1927 act held unconstitutional; this section is an amendment of the 1929 act and does not apply to New Haven. 128 C. 701, 706. Cited. 134 C. 150. Plaintiff held not a "holder" seeking renewal of license and application must be based upon certificate of approval by the zoning board of appeals. 135 C. 706. Cited. 138 C. 326: 138 C. 453; 139 C. 681-, 140 C. 622, 650. In passing on an application for a certificate of approval for the use of certain property for the retail sale of gasoline, a zoning board of appeals serves, not in a zoning capacity, but as an agent of the 1 7 - state to pass upon suitability of the location in view of traffic and other conditions, and to determine whether the proposed use of the location would imperil the safety of the public. 142 C. 64. Zoning board of.'appeals is acting as agency of the state in determining suitability. 14') C. 316.16. Cited. 144 C. 61. When actin- under this section, a board of appeals is not dealing primarily with zoning but is performing a separate function delegated to it as an agency of the state. 147 C. 517.; 148 C. 507. Cited. 149 C. 513, 514, 515. Prior to 1965 amendment, dicta to effect certificate of local authority must be presented within reasonable time after approval granted. Id.., 516. For the board validly to reverse an earlier decision by granting a subsequent application for approval of the same location., there has to be a showing-,of material change in conditions, that is, a change which militated against the objections Forinerly relied on. 150 C. 75, Cited. 150 C. 511, 559. Board acts as an.agent of the state under this section and section 14- 3 322, its sole function being to determine if the site in question will be suitable according to statutory criteria designed to promote and protect the public safety. 1531 C. 95. Disapproval of application on grounds of potential traffic hazard anticipated from planned nearby shopping center was within discretion of board. 153 C. 257. When acting under this section, zoning board of appeals is acting as a special statutory agent of the state. Id., 259. Where plaintiffs application to board does not make it clear ,,vhether a permit under the zoning ordinance or an approval under the statutes is requested., the board must decide each issue separately and the requiredriumber of votes for each must be met in order for the application to be approved. 154 C. 32, 36. Cited. 153 C. 433; 154 C. 540. Probative value of conflicting evidence of suitability of property is for the board to decide. 155 C. 350. Zoning board acting under this section as special statutory agent of state is governed by requirements of section 14-322. Id.-, 539. Nonconforming use as gasoline station.may survive period when station had been used for automobile repair work-. 158 C. 86. In passing upon application for approval of location., zoning board as administrative agency of state is required to hold hearing 158 C. 208, Proceedings under this section and section 14-322 are not zoning matters. Certificate of approval should not be issued.where location is violative of zoning regulations. 159 C. 234. Cited. 170 C. 154. Cited. 3 CA 556, 558. Station operator enjoined by motor vehicle commissioner where zoning board issued certificate of approval in error. I CS 165. Cited. 4 CS 462. History discussed. 5 CS 1. Authority of zoning board to issue certificate of approval. Id. Statute not applicable to municipalities it did not affect before 1935: 5 CS 214. Cited.. 8 CS 277; Id., 499. Constitutionality. 10 CS 462. Cited. 26 CS 476,478. Hearii1g, provided for in section 14-322 must take place not less than two nor more than Four weeks from filing of application and not merely be assigned during that period for some future date. 27 CS 112, 117, 118. (Return to -(Return to (Return to Chapter Table of List of List of Contents) Chapters i Titles)- -- http://www.cga.state.ct.us/2003/Pub/Chap250.htm 12/3/2003 Page 3 of 4 Seca 14-322. Hearing and finding of suitability. (a)Thb'local authority shall, upon receipt of an application for the certificate of approval referred to in section 14- 321, assign it for a hearing within sixty-five days of such receipt. Notice of the time and place of the hearing shall be published in a newspaper having a general circulation in the town, city or borough where the proposed location is situated at least twice, at intervals of not less than two days, the first not more than fifteen, nor less than ten days, and the last not less than two days before the date of the hearing and sent by certified mail to the applicant not less than fifteen days before the date of the hearing. All decisions on such certificate of approval shall be rendered within sixty-five days of the hearing. The applicant may consent to one or more extensions of any period specified in this section,provided the total extension of any such period shall not be for longer than the original period as specified in this section. The reasons for granting or denying such application shall be stated by such official or board. Notice of the decision shall be published in a newspaper having a general circulation in such town, city or borough and sent by certified mail to the applicant within fifteen days after the decision has been rendered. The applicant for the certificate of approval shall pay a fee of ten dollars, together with the costs of publication and the expenses of the hearing, to the treasurer of such town, city or borough.No cartifircate of approval shall be issilAzd unless the local authority finds that the locati ..the sale of gasoline and the other pr ucts referred to in section 1 - vte bonsideration being given to the proximity of schools, churches, theaters or playhouses or other places of public gatherings, intersecting streets traffic conditions,width of highway and effect of public travel, and that such use of the proposed location will not imperil the safety of the public. (b) If it is ascertained that a certificate of approval was procured by misrepresentation or fraud by the applicant, the local authority issuing the certificate may, after a hearing, revoke the certificate. Upon notice of revocation of the certificate of approval to the commissioner, the license issued by him pursuant to section 14-319 may be revoked. (1949 Rev., S. 2539; 1967,P.A. 794; P.A. 82-89; P.A. 84-429, S. 45.) History: 1967. act replaced specific time limits for hearing with requirement that hearing date be fixed at reasonable time; P.A. 82-89 changed the hearing procedures to conform with other planning and zoning statutes, replacing previous provisions which required that hearing be held at ":reasonable time" and that notice be given the applicant and published three times in newspaper circulating within the town, city or borough not less than a week before the hearing date; P.A. 84-429 divided section into Subsets., rephrased provisions, substituted term "local authority" for definitional language and made other technical changes. This section does not require formal finding of facts by board,but minutes should contain full statement of action on application. 1:18 C. 179. Cited. 123 C. 315. Hearing must be public; deliberations of board inay be private. 125 C. 721. Section 8-7 determines number of board members needed to act. 125 C. 720. Denial of application invalid where opponent heard.without notice to applicant and opportunity to .be heard. 128 C. 354. Whether.location is proper is to be determined on.basis of existing situation at time of application. Ultimate question.is whether it will unduly imperil public. 134 C. 153. Cited, 138 C. 326. Board acted illegally or arbitrarily in denying application when plaintiff showed that use of site would not unduly imperil safety of public. 138 C. 452. Where one was.not member of board at time of hearing and after appointment did not examine all the evidence, his vote was unlawful. 138 C. 464. Cited. 139 C. 682; 140 C. 622, 650. See note to section 14-321. If board grants certificate of approval which it previously refused, its minutes must set forth the change in conditions which warranted reversal of its previous decision. 147 C. 517. Where issue of public safety is fairly debatable, court could not substitute its discretion for that of board. 148 C. 507. Cited. 149 C. 514, 515. For board validly to reverse an earlier decision by granting a subsequent application for approval of the same location, there has to be a showing of a material change in conditions, that is, a change which militated against the objections formerly relied on.. 150 C. 75. Cited. 150 C. 511, 512, 560, 561. Board acts as agent of state under this section and section 14-321, its sole function being to determine if the site in question will be suitable according to statutory criteria designed to promote and protect the public safety. 153 C. 95, id., 259. It is advisable for board to state reasons for actions taken by it under this section, at the risk that http://www.cga.state.et.us/2003/pub/Chap25O.htm 12/3/2003 Page 4 of 4 reviewing court will be unable to find any reasonable basis for the decision made. Id., 96. Disapproval of application on grounds of potential traffic hazard anticipated from planned nearby shopping center was within discretion of board. .153 C. 257. Where plaintiff s application to board does not make it clear whether a permit under zoning ordinance or an approval under the statutes is requested, board Must decide each issue separately and required number of votes for each must be met for application to be approved. 154 C. 32, 36. Zoning board nowhere in the record showed it had considered all of the var.1OUS factors this statute requires it to consider; hence appeals court correctly sustained plaintiff's appeal. 154 C. 540. Probative value of conflicting evidence of safety of public is for board to decide. .155 C. 350. Requirements of this section must be met by applicant for certificate of approval and unanimous decision of.zoning board that there was "a reasonable question of safety at this site" on facts considered at hearitic,was.not abuse of discretion and appeals court would not disturb board's denial oftertificate. Id., 539. Cross examination of member of zoning board is not permissible either at hearing or on appeal. 158 C. 208. Certificates should not issue under this section where the proposed use violates local zoning ordinances. 159 C. 234. Cited. 170 C. 154. Cited, 28 CA 500, 504. History discussed. 5 CS 1. Cited. 5 CS 2.14. It is expected that gasoline stations will be located on streets where traffic is moderately heavy. 8 CS 499. Disadvantage in property value to a single owner resulting from the application of zoning restrictions does not ordinarily warrant relaxation in. his favor. 10 CS 462. Mayor's memorandum on hearing for certificate of approval of property For gasoline station expunged from pleadings in common pleas court. 14 CS 16. Mayor acting as zoning board of appeals is vested with wide discretion which will be interfered with only when it is abused. Id., 42. Certificate of approval could.not be granted until a zoning variance had been allowed plaintiff. 26 CS 476. Hearing must actually take place not less than two nor more than -four weeks from filing of application and not merely be assigned during that period for some future date. 27 CS 112, 11.7, 1.18. http://www.cga.state.ct.us/2003/Pub/Chap250.htm 12/3/2003 Page 1 of 1 Sec. 14-327b. Annual registration of distributors. Application for certificate of registration. Required information. Fee. (a)No distributor shall sell or offer to sell motor fuel in this state unless such distributor has first registered with the Department of Consumer Protection each type of motor fuel which he intends to sell and has received from the department a certificate of registration for each type of motor fuel which he intends to sell. (b) Each distributor required to register with the department as provided in subsection(a) of this section shall apply annually to the commissioner, in writing on a form provided by the commissioner, for such certificate of registration. (c) The application for a certificate of registration shall include: (1) The name and address of the person registering the motor fuel, (2) the name, brand or trademark under which the type of motor fuel will be sold, (3)the antiknock index or Cetane number, as is applicable, at which the motor fuel will be sold, (4) a certification that each individual type of motor fuel registered shall conform to the provisions of sections 14-327a to 14- 327e, inclusive, and(5) any other information required by the commissioner. A separate application shall be made for each type of motor fuel to be registered. Such application and its contents shall not be available to the public. (d) Each application for a certificate of registration shall be accompanied by a fee of one hundred do llars. (P.A. 91-322, S. 2.) http://www.ega.state.ct.us/2003/pub/Chap250.htm 12/3/2003 January 8,2004 Chairperson rq� & Zoning Board of Appeals Town of South Windsor t 1540 Sullivan Avenue '' t South Windsor, CT 06074 Re: Mitchell Fuel Company DPI Project No. 02-1687 1199& 1209 Sullivan Avenue South Windsor, CT Dear Chairperson: I have a number of concerns regarding this application. They are as follows: 1. There are supposedly 2-4 underground test wells around the fuel storage tanks. These test wells are more than 20 years old and there are apparently no records of them ever being tested for contamination. Especially since this property backs up to wetlands and the town owned preserve,they should be tested regularly to rule out any underground contamination. 2. The tank leak detection system: the permit from the town which I have a copy of states that it was installed in 1981. There is some question as to whether or not it has been upgraded in the late 1990's. There is no building permit on record of any electrical work done on such a system. Whatever is there should be tested to be sure it is working properly, or upgraded if necessary. 3. There is no type of vapor recovery system on the gasoline tank. 4. Kerosene storage tank listed on the plan revised 12/23/03 from Design Professionals states that is a 275 gallon above ground tank. The building permit dated 5/17/88 states that it is a 1000 gallon tank. Is this for retail sale or business use? Which size tank is it? Retail sale of kerosene is not permitted at this location. No approval from the Zoning Board of Appeals was ever granted for this use. 5. Mr. Mitchell, at the Zoning Board of Appeals meeting on 11/6/2003, stated that he sells gasoline and diesel fuel to a few customers. -He does not have retail sale permission for this use at this site, so he is in noncompliance. 6. On 3-30-99 a permit was issued to remove a 500 gallon underground storage tank.No information can be found that the DEP tested the site for any possible soil contamination,which is required by law. 7. On 12-22-98 a building permit was issued to remove and then install a 2000 gallon underground storage tank. No information can be found that the DEP tested the site for any possible soil contamination. 8. On 4-8-81 a 2000 tank with pump was installed. This was clearly a change of use for the property and no approval from the Zoning Board of Appeals was ever granted. 9. On 4/23/84 a permit was issued to install a pump for the propane pump. Up until recently,there was a sign in front of the property advertising propane tank refilling. Retail sales of propane are not permitted on this property since no approval from the Zoning Board of Appeals was ever granted. The letter from Design Professionals, Inc. To the Zoning Board of Appeals dated 12/23/03 states on#4 that Mitchell Fuel does not and will continue not to store chemicals in outdoor storage. The key words are"does not"but I have pictures dated 12/25/03 and 1/7/04 of approximately 8 55 gallon barrels and white bags. Even if the barrels are empty,there could be contaminants in them that could leak onto the ground. No barrels should ever be stored on the property in this manner. Thank you for your time. Sincerely, J. Mark Millward 1200 Strong Road South Windsor, CT 06074 f. ,Electric# APPLICATION FOR BUILDING PERMIT Plumbing# 1209 SULLIVAN AVENUE WVAC # 25927 Date: O Sprinkler# NO. FOM APPROVALS Estimated Cost $ 56 bo Gr 6i'V"'g of J 24;, COMPLETE RED BOXED AREAS Permit Foe $ Wmeering TYPE OR PRINT ONLY Occupancy Fee $ SIGN ON REVERSE SIDE Appr.for CO. J, Total Fee a '; qGte_ TO BULDING DEPARTMENT,TOWN OF SOLITH WNDSOP,CT IAdd'tional Cost) $ The undersigned hereby applies to do work according to the following spedicatbm Job Location/"a Lot No. Side of Street Zone Applicant Tel Address ' /i ,u Lic.# 70.Z.64- '7 Owner e!Z. A ddress lZG & .� Oe- Architect Address S%Ft.New Area: 1st Fl. 2nd FL 3rd Fl. Total New Area #Rooms #Lavatories #Bathrooms #Garages Purpose of this permit: cp G-v City Water ❑ Well ❑ Septic System ❑ Sewer ❑ 6. H.O. S.P. Cert. Area Basement Garage Approved by J KCDate 3_Use Group C autruction Type I hereby agree to conform to all the requirements of the Laws of the State of Connecticut and the Ordinances of the Town of South Windsor and to notify the Building Inspector of any alteration in the plans or specifications of the Building for which this permit is asked,and agree that this building Ls to ed the proper distance from all street Ines,side yard lines,and required distances from all other zones and is loted in ca bud a use is al Signed I hereby apply for a Certificate of Occupancy for the work described in this application for the permit. Signed DO NOT WRITE BELOW THIS LINE INSPECTION COMMENTS r A l # APPLICATION FOR BUILDING PERMIT PlulnbiV# 1209 SULLIVAN AVENUE 'WVAC # 2 5 8 0 4 Date: Sprinkler# No. FWAL APPROVALS Estimated Cost S 0 �inee �° G` s� COMPLETE RED BOXED AREAS Permit Fee $s��- AWEngineering.for CO. TYIGNPE OR PRWT ONLY Occupancy Fee $ Appr t S ON REVERSE SDE f Total Fee S TO BULDN('DEPARTMENT,TOWN OF SOUTH WI DSOR,CT (Additional Cost) The unders4W h reby applies to do work according to the following specifications: Job Location_1Wd 9 v,4AJ' e P. Lot No. Side of Street Zone Applicant/�' Tel# (o y�/_Z S!e f Addr D / •��.�i- /�Sv�CaLZip�/L:O Lic# 3d� � � 7�� el//a/ , 'l_ e Address�.?o 9 Sc�//� ' .f�.'iyb soA cV B'laD 7 y Architect Address S4 Ft.New Area. 1st FL 2nd FL 3rd Fl. Total New Area #Rooms #Lavatories #Bathrooms #Garages Purpos of this permit: �Ow Z/000 (.l -W/.I City Water ❑ Well ❑ Septic System ❑ Sewer❑ Ins. H.O. S.P. Cert. Area gam„ nt Garage Approved by A, Date 1M11119Use Group Construction Type Rw:W 1197 I hereby agree to conform to all the requir ments of the Laws of the State of Connecticut and the Ordinances of the Town of South Windsor and to notify the Building Inspector of any alteration in the plans or specifications of the Building for which this permit is asked,and agree that this building is to the proper distance from all street lines,side yard lines,and required distances from all other zones and is 100 ted' ng and use is Signed I hereby apply for a Certificate of Occupancy for the work described in this application for the permit. Signed DO NOT WRITE BELOW THIS LINE INSPECTION COMMENTS Inspection / Approval Date By Appl Code Description Due Whom Code Comment _______________________________________________________________________________ 98-25804-B 2,000 B10 FINAL 06/19/01 JRC A CLOSEOUT TO THE BUILDING INSPECTOR h of ire APPLICATION FOR TOWN OF 30UH W1 30t,COMB. PLAN EXAMINATION AND BUILDING PERMIT IMPORTANT- Applieant to complete all items In sections: 11 It, /it, iv, and IX. 1• AT ( ZONING LOCATION) �� l � � � DISTRICT - OF ,Qtaa.l (>ITRIET) OF 69TWEEN / i AND BUILDING (CRaas STRae T) (CReea aTReeT) LOT SYeOlY1SION LOT SL ICK SIZE II. TYPE AND COST OF BUILDING — All applicants complete Ports A - D A. TYPE OF IMPROVEMENT 0. PROPOSED USE — Fm"Wrecking"most recent use 1 ❑ Now building Residential Nonresidential 2 Addition(if residential, enter nustber 12 One family t9❑ Amusement, reerooti nal of new bousing units added, if my, 13 T a more family - Enter t9 g ills Part D. 13) • we❑ ❑ Church, ether reli ious 3❑ Altiiretion (See 2 above) number o/units-- - 20❑ Industrial 4 'Repo!r,rep lage 14❑ Transient hotel,metal, 21 ❑ Parking ga rmerht or dormitory - Enter number 5❑ Wrocking(I/erulti/amily residential, of units ------- -- 22❑ Service station, revolt yorpo enter number of wits:n bail&*# in 15❑ rare" 23❑ hospital, institutional Part D. 13) 6❑ M n (raleeotien) 16❑ Cervort 24❑ Office,bank, professional 17❑ Other - specify 25❑ Public utility 7❑ F undoti a only 26❑ School, library, that educationel S. OWNERSHIP 27❑ Stores. morcontil 1111-0:Private(individual, corporation, 25gTanks, towers n npr fit institution,etc.) 29❑ Other - Speer/y 9 ❑ Public(Federal,Ste",or cel government) C. COST (Omit cents) Nonresidential - Describe in detail proposed use of buildings, e.g., fe d processing plant, machine shop, laundry building at hospital, al mentwy 10. Cost of improvement,,,,,,,,,,,,,,• `��� school, secondary school, College, perechial'scheol, parking garage for dovartment stare, rental office building, office building at industrial plant. To be installed but not included If use of existing building is being chenged,enter proposed us . in the above cost / � , a. Electrical...................... �` 111 J /L b. Plumbing ...................... — — - e.Heating, air eandifienirhg........ d.Other(elevator,ate.)............ it. TOTAL COST OF IMPROVEMENT is III. SELECTED CHARACTERISTICS OF BUILDING - For new buildings and additions, complete Parts E - L; for wrecking, complete only Part J, for all others skip t 1V. E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL J. DIMENSIONS 301J Mae my(wall bowing) 40❑ Public at private company 46• Number of stories............ 31 ❑ Wood fremha 41 ❑ Private(septic hank, ere.) �• Total square o ioer eras, . all fl as"on exterior 32❑ Structural steel onsions ..................... 33 Inferead eww*ft H. TYPE OF WATER SUPPLY 34❑ Other - eti/y _ 42❑ Public of private company 50• Total land eree, sq.ft. ........... 43❑ Private(Weil, sister K. NUMBER OF OFF-STREET PARKING SPACES F. PRINCIPAL TYPE OF HEATING FUEL 1. TYPE OF H lifFrAJt, 51. Enclosed....................... 35❑ Ws a N control air 52. Outdoors........................ 36❑ Oil conditioning? L. RESID L BUILDINGS ONLY 37❑ Electricity 44❑ Yoe 45❑ N 53, Number, f bad ...........t.. 3•Q C..1 39 — Specify will th ra be an levater?' 54. Number,of Full.......... 46❑ Yes 47❑N bathrooms Partial........ BL DING pERRUT N° 16727 i OMCB OF THE BUILDING INSPECTOR of die Town of South Windsor, Conn. South Windsor Cann, 5/17 19 88 94is iS to (gerf[fti, That John J. Mitchell/Mitchell Fuel Co. , is granted install a kerosene fuel tank Inc. hereby gran permission m at estimated value of $ 14 0 0 on the side of 12,19 Su l l i v„n a mys—n p- Street an land owned by — John J. Mitchell Said Work to be as described in Application No. 16 9 6 3 and to conform to specifications and plans filed with said Application, and Building By. Laws of THE TOWN OF SOU'IM WINDSOR. Issued 1988 Building Inspector. Streets and sidewalks, obstructed by excavations or building materials, must be guarded by barriers during the day and by both barriers and colored lights by night. SECTION 1343, GENERAL STATUTES OF CONNECTICUT: "Whey any person shall plm or keep building materials, or any obstacle in any highway (or any sidewalk) either with or without a license therefor from the city or borough in which such highway may be situated, he shall pay said city, town or borough all coats and damages which it shall sustain, or be compelled to reason durefor." �I-7fS it 74E. ND, Aqq-��,,�J1 XeRos eA",/,.�1., INSPECTION REPORT sT�'��4E 'TipvK Permit # l j �� Job 2 3" ,[ Y,An! 1e 1 Footing rLIFL C6 2 Foundation ""vim 3 Framing 4 Wiring 5 Plumbing 6 Heating 7 Lathing 8 C.O. h TOWN OF SOUTH WKWSOR BURRING PERMIT Dace- 5.11 7 , 19 88 Fee Paid $--.12.00 Ew- VaWe$-.1400 Pamit N° 16727 on the aide of Sull i van Amemin sate Scat No. 1 2 n 4 Owns •Tnhn S_ Mi i-rhs11 Appkwt Cams CERTIFICATE OF OCCUPANCY MUM: Dace No Fes Paid$ CLASSIFICATION Fuel Storage Tank Inspection / Approval Date By Appl Code Description Due whom Code Comment ------------------------------------------------------------------------------- 99-25927-B 500 B10 FINAL 06/19/01 JRC A CLOSEOUT 1 � TO THE BUILDING INSPECTOR of ehe APPLICATION FOR TOWN pF SOUTH WUWSORe COWL PLAN EXAMINATION A N D BUILDING PERMIT IMPORTANT— Applicant to complete all items in sections: 1, It, Ill, IV, and IX. p 1• .-(✓ /� ZONING AT (LOCATION) • LOCATION (NO.) (STREET) DISTRICT OF BETWEEN AND BUILDING (CROSS STREET) (CROSS STREET) SUBDIVISION LOT LOT BLOCK SIZE II. TYPE AND COST OF BUILDING — All applicants complete Parts A — D I A. TYPE OF IMPROVEMENT A D. PROPOSED USE - For•'Wrecking'most recent use HI M 1 ❑ New building Residential Nonresidential 2 Addition(1/residential, enter number 12❑ One family 180 Amusement,recreational o/new housing units added, if any, in Part D, 13) 13❑ Two or more family - Enter 19❑ Church, other religious 3 Alteration (See 2 above) number of units-- - --.1p. 20❑ Industrial 4 14 E] Transienthotel,motel, 21 Parkin Repair, replacement or dormitory - Enter number g parag• 5❑ Wrecking (1/multifamily residential, of units ------- -- 22❑ Service station, repair garage enter number o/units in building in 15❑ Garage 23❑ Hospital, institutional Part D, 13) 60 Moving16❑ Carport 24❑ Office, bank, professional (relocation) 7❑ Foundation only 17❑ Other - Specify 25❑ Public utility 26❑ School, library, other educational B. OWNERSHIP 27❑ Stores,mercantile 6 Private(individual, corporation, nks, towers nonprofit institution,etc.) 29❑ Other - Speci/y 9 ❑ Public(Federal, State,or local government) C. COST (Omit cents) Nonresidential - Describe in detail proposed use of buildings,e.g.,food processing plant, machine shop, laundry building at hospital,elementary 10. Cost of improvement,,,,,,,,,,,,,, S school, secondary school, college, parochial school, parking garage for, department store,rental office building,office building of industrial plant. To be installed but not included If use of existing building is being changed,enter proposed use. in the above cost / a. Electrical..................... '�/� /„ /JG�O v b. Plumbing .................... e.Heating,air conditioning......... d. Other(elevator,etc.)............. 11. TOTAL COST OF IMPROVEMENT s -� III. SELECTED CHARACTERISTICS OF BUILDING — For new buildings and additions, complete Parts E — L; for wrecking, complete only Part J, for all others skip to IV. E. PRINCIPAL TYPE OF FRAME G. TYPE OF SEWAGE DISPOSAL J. DIMENSIONS 30❑Masonry(wall bearing) 40❑ Public or private company 48. Number of stories................ 31 ❑Wood frame 41 ❑ Private(septic tank,etc.) 49. Total square feet of floor area, 32❑Structural steel all floors, based on exterior 33 E] Reinforced concrete H. TYPE OF WATER SUPPLY dimensions ..................... 34❑ Other - Specify 42❑ Public or private company 50. Total land area, sq.ft. ........... 43❑ Private(well, cistern) K. NUMBER OF OFF-STREET PARKING SPACES F. PRINCIPAL TYPE OF HEATING FUEL I. TYPE OF MECHANICAL 51• Enclosed....................... 35❑ Gas Will there be central air 52. Outdoors........................ 36❑ Oil c nditioning? 37❑ EI etrieity 44❑ ❑N Yee 45 L. RESIDENTIAL BUILDINGS ONLY 38❑ C al 53. Number of b}drooms.............. 39❑ Other-Specify Will there be an elevator? 54. Number of Full.......... 46❑ Yes 47 0 No bothr me Partial........ IV. IDENTIFICATION — To b c mpl t d by all applicants Name Meiling eddr ss — Number, street, city, and State ZIP c d Tel. N 1. Owner or Lessee /,yv LL 2. Contractor 3. Architect or Engineer The owner of this building and the undersigned agree to conform to all applicable laws of this jurisdiction. Signature of applicant Ad dress Application dote DO NOT WRITE BELOW THIS LINE V. PLAN REVIEW RECORD — For office use Plans Review Required Check Plan Review Date Plans Date Plans Fee Started By Approved By Notes BUILDING $ PLUMBING $ MECHANICAL $ ELECTRICAL $ OTHER_ $ VI. ADDITIONAL PERMITS REQUIRED OR OTHER JURISDICTION APPROVALS Permit or Approval Check Do to Number B Permit or A Dore Obtained Y Approval Chec Obtained Number By BOILER PLUMBING CURB OR SIDEWALK CUT ROOFING ELEVATOR SEWER ELECTRICAL SIGN OR BILLBOARD FURNACE STREET GRADES GRADING USE OF PUBLIC AREAS OIL BURNER WRECKING OTHER OTHER VII. VALIDATION Building Permit number 12110 Building Permit issued April 8 19_$]�— Building P rmit Fe $_ 12.00 App oved TITLE U" '1 APPLICATION FOR PERMIT TO DO ELECTRICAI. WORK. No. B e.......... .... Permit No. . ... -53! ..... . . TO THE BUILDING INSPECTOR of the TOWN OF SOUTH WINDSOR, CONN. �. hereby make application tq perform Electr cal Work according to detailed description below. All provisions of the Rules for Electrical Installation, Section 48, Building By-Laws, shall be complied with whether specified herein or not. ` South Windsor, Conn., . 1�J . Sign here W74 �cS���, 4';�:�C- ��l-j ................ Address � Qt!i-�.a�S ... � Location Side... Side of „. Nature of Building ...1.;1r�V7-C,0ef/4L... ...Vfi� How many stories .........................................................................._........... New or old Building .... L ........... .... How many families ........................................................................... Kind of Installation / ...... How many Stores ........................................................... _._........_ ...„........... Owner !,�r ././� �i.. _........ . Address Architect Address .. .. ................. .............................._...._........ _...-__._ ... Builder ...... ........ ...... . ... ... ....... ..... ..... . Address .. .... ........................._............._ ._.. _._. .... Electricianf /[/......................... ... Address . ........ ............................._....................................... ___„__ If Size of Main Wires ................................................. _ No. of Light Loops .. No. of Heat Loops ....,. No. of Power Loops No. of Light Outlets ............. No. of Heat Outlets . No. of Power Outlets .............. . .......... Nob of Light Circuits ... . ... ....... ... No. of Heat Circuits No. of Power Circuits No. of Sockets No. of Heat Receptacles No. of Motors :.. No. of Panels .................................. .... . Size of Heat Circuit No. of Power Receptacles No. of Switches ................ .... Total Wattage Size of Power Circuit . Total Horsepower No. of Straight Electric Fixtures ....... .......... ...... ......... ... No. of Combination Fixtures .. No. of Receptacles ............................. ....... ..................... ....... No. of Cord Drops ...... ............................................. ........ .... _. .. Remarks: For other kind of Installation ..... .........._..............,............... ................ .. ........................_...... .... .... .... ....... .......... .............. ................................................................................................................. .............. en „......................................... ...........................................-r��, ...._.... ,io........... a,,� ........ ,��, .........._.................................... ........................................................................... ................................ .. .... .... . . Estimated Cost ........��� ....................... BLM DING PERMIT N° 12110 OFFICE OF THE BUILDING INSPECTOR of the Town of South Windsor, Conn. South Windsor, Coax. April 8 1981, 94is is tv (gerft, That John J. Mitchell is hereby granted permission to Install 2,000 gal tank w/pump - Gaso 1 in at estimated value of $1,600.00 on the side of 1209 Sullivan Avenue Street on land owned by John J. Mi tehe l l Said Work to be as described in Application No. 12410 and to conform to specifications and plans filed with said Application, and Building By- Laws of THE TOWN OF SOUTH WINDSOR. ys,,PA Aril 8 1981 ttilding Inspector. Streets and sidewalks, obstructed by excavations or building materials, must be guarded by barriers during the day and by both barriers and colored lights by night SECTION 1343, GENERAL STATUTES OF CONNECTICUT: "When any person shall plsea or keep building materials, or any obstacle in any highway (or any sidewalk) either with or without a license therefor from the city or borough in which such highway may be situated, he shall pay said city, town or borough all costs and damages which it shall sustain, or be compelled to reason therefoa" y TOWN OF SOUTH WINDSOR BUILDING PERAUr Date April 8 19 81 Fee Paid $.12..00 Fat. Value ¢1,6.00.00 Pe"';< N° 12110 on the We of Sullivan Avenue Saeet Sweet No. 1209 i own,, John J. Mitchell Applicant John J. Mitchell i CERTIFICATE OF OCCUPANCY ISSUED: Date No Fee Paid$ CLASSIFICATION 2,000 Gasoline tank Mitchell variance requests Second house on lot(section 4.3) Hardship must be with land, source of house not a factor Issue: The ZBA does not have the ability to restrict the variance to the house on the corner of Pierce Road and Sullivan Avenue. The variance is for a second house on the lot at 1199 Sullivan Avenue no matter what the source. Questions: Is the addition of the second house at 1199 Sullivan Avenue in keeping with the neighborhood? Will the addition of the second house, no matter the source, add to economic value of the properties thereabouts? If the answers to the two above questions are yes, then the hardship is that the property at 1199 Sullivan Avenue meets the size requirements of an A-20 lot, and therefore cannot independently support the second house. If not, then this variance must be denied, as not in keeping with the zoning regulations, and because it takes an already out-of-compliance parcel and makes it more nonconforming. This is a tough one. My thinking was a)IF we agree that saving the house is in the communities' interest, and if b we agree that it would cause too much harm/inconvenience to the community to move the house in such a way as to cause displacement of powerlines on Sullivan Avenue and c) if there is a place where the house can be reasonably moved and someone is willing do so and has a place to move it to then d)we need to iud.,e whether the place they want to move it is reasonable ca n support the size of the house in keeping with the neighborhood, and does not require unreasonable variance to the current zoning regulation for the property that will contain the house. So I think we both agKee that the question basically binges on the firstquestion: is it in the community interest to save a house and provide reasonable accommodation to do so? Addition of a four-bay garage and request for additional trucks (section 4.3 or is it supposed to be 3.10) Issue: It was probably unrealistic to restrict the number of trucks to only two delivery trucks for a home heating delivery business in a community where the number of housing developments was increasing geometrically. The potential future growth alone most likely lead to the increased need for at least one of the additional trucks. Furthermore, in 1976, it was impossible to foresee changes in requirements by the Federal Government to require dyes and separation of fuel oils used for home heating vs. those used for the operations of the delivery vehicles themselves. It was also impossible to foresee the after effects of an event such as 9/11 on the security of our State and Nation. Therefore, the addition of the trucks is a logical expansion to the existing nonconforming variance. However, the ZBA does NOT have the authority to expand a nonconforming use variance under current regulations. I think we are unable to grant any new non-conforming uses. We need a ruling on whether we still have the authority to grant extensions to non-conforming uses that were previously granted. Questions: Does the ZBA accept the IRS and HLS arguments presented? If so, do these arguments allow the ZBA to expand the nonconforming variance despite the lack of authority to grant it? Finally, what is done about the other items cited as unauthorized expansions of the variance(gasoline tank delivery service & kerosene tank)? If the ZBA does accept the arguments and believes that this gives them the authority to grant the variance, then it must do so,but not section 4.3. The variance is really to section 3.10 Nonconforming Buildings and Use. Because the request was made under section 4.3, I strongly believe that we cannot approve the request by deny it without prejudice and allow the parties to resubmit under section 3.10. The hardship will have to be clearly stated that the changes in IRS regulations and Home Land Security concerns require the approval of the expansion of the nonconforming variance. As for the expanded business ventures due to customer demand and changes in alternative heating fuel types, a full discussion must be held by the board and appropriate conditions set for the nonconforming variance. The propane operation is totally questionable and may not be in keeping with the home heating fuel business. Kerosene, coal,pellets and other fuel sources may be considered appropriate. These need to be discussed and the results determined to see if they should be allowed or not. The gasoline sales are an incidental business. Yes, the business does have the right to fill its vehicles on site. The company does have the right to sell gasoline that is not physically passing through the facility to its commercial customers. The question is whether or not the sale of gasoline from the holding tank on site is an appropriate operation and in keeping with the licensing of the facility. If deemed so, then the nonconforming variance must be adjusted. If not, then the issue should be forwarded to the zoning enforcement officer for appropriate action. Either way, this should be a separate request presented before the ZBA as appropriate. I think the request before us is to grant a variance related to 4.3 —the garage addition and I think we have the authority to manage an existing non-confonning use. I think the zoning enforcement officer needs to deal with whether the existing non conforming use is being abused via gasoline,propane and coal sales. I think we can sLipport a motion to gant a variance to 4.3 to permit construction of a 4 bay garage because of the changes in regulations concerning the existing business being operated out of this location. The hardship is that the regulations pertaining to the business have changed, necessitating additional trucks to maintain the same level of business, and, therefore,necessitating additional indoor storage. Buffer request(section 4.3.10.2(a)which does not exist in my book. Section 4.3.10 points to section 10.4 Buffers) Issue: Should adjoining properties,where both require buffers, be combined into one logical buffer zone of a reasonable size vice the arithmetically summed combination of the two zones, which exceed the largest buffer zone in the regulations? This appears to be straightforward. The buffer zones should be able to be combined to the larger of the two requirements, and allowed to overlap the properties. In this case, a buffer zone of 50 feet would be required (section 10.4.1 for A-20 and section 4.12.g for Senior Residences). However, there is only 35 to 45 feet available between the proposed driveway and the office building on the 1209 lot. Therefore, a variance is required on two counts. First, the combined size exceeds all buffer zones required except where a residential development already exits (section 10.4.1). Second,because the maximum size buffer for the A-20 requirements is greater than the land size due to the placement of the office building on the lot,which predates the buffer zone requirements. Agreed. Driveways (3.A.2(a)) This appears confusing from the presentation and write up,but is really simple. Under section 3.A.2.b.1(3), commercial driveways may be granted a variance if it improves traffic flow, etc. As the nonconforming use if for the a commercial enterprise in a residential zone, then we should apply this section given that it reduces the total number of driveways in the section of road, improves safety by moving the proposed driveway r for the lit intersection. The fact that it also separates the residential driveways from the commercial driveways at 1199 Sullivan again only improves safety. This may need to be addressed as separate driveway changes. The dependent southern driveways as one variance and the independent northern driveway as the second variance. I think we can also list the access management regulations as a factor. My logic went this way: a) they want to abide by the access management guidelines b) in order to do so the driveway needs to be located as far away from the intersection of Pierce and Sullivan as feasible necessitating the placement of the driveway as taro osed c)w_ hen placing the drivewa as proposed, the buffer size is limited dplacing the driveway as pro-posed has the additional benefit of reducing the total number of driveways on the property. DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects December 4, 2003 Marjorie Anthony, Chairperson Zoning Board of Appeals Town of South Windsor 1540 Sullivan Avenue ft0,3 South Windsor, CT 06074 Re: ZBA Application of John J. Mitchell 1199 & 1209 Sullivan Avenue South Windsor, Connecticut DPI Project No. 02-1687 Dear Chairperson Anthony: On behalf of my client, John J. Mitchell, I hereby request that the hearing on the above-referenced application be continued to your January, 2004 meeting. Thank you. Sincerely, Design Professionals, Inc. By: Peter . DeMallie President&Principal cc: Debbie Reid Michele Lipe John J. Mitchell 165 South Satellite Road, South Windsor,Connecticut 06074 Tel: (860)291-8755.Fax: (860)291-8757 Email:dpicivil@aol.com DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ surveyors gis ♦ gps ♦ landscape architects November 18, 2003 The Connecticut Water Company 93 West Main Street Clinton, Connecticut 06413-1600 Attn. Cindy S. Fazendeiro Source Protection Supervisor RE: Mitchell Fuel Company DPI Project No. 02-1687 1209/1199 Sullivan Avenue South Windsor, Connecticut Dear Ms. Fazendeiro: Please find enclosed the required notification form as required of the General Statutes, Section 8- 3i as requested of the Town of South Windsor for our present Zoning Board of Appeals application. The hearing has been continued to December 4, 2003. Should you have any questions, please contact Peter DeMallie or myself at 860-291-8755. Sincerely, Design Profes ' als,Inc. Richard Boston, RLA Director of Landscape Architecture Attachment: Public Water Supply Watershed or Aquifer Areas—Project Notification Form Drawing-ZBA Map, dated: October 16, 2003-Revised date: 11-18-03 C: John Mitchell, Mitchell Fuel Company, Inc. Michele Lipe, Town of South Windsor Planning Department 165 South Satellite Road, South Windsor,Connecticut 06074 Tel:(860)291-8755•Fax: (860)291-8757 Email:dpicivil@aol.com Public Water SuMY Watershed or Aquifer Areas Project Notification Forru Requirement_ All applicants before a.municipal Plannin Commission or Zoning Board of A g and ZO1u Appeal ng Commission;Inland Wetland public supply aquifer or watershed General Statutes area a for any project located within a required by Sections 8 31 and 22a-42f of the CTr application.date of the a to notify the affected water utility by certified mail within 7 days of Y the General information: 1, Location map of the project site h (please sow enough SEE ATTACHED information to locate site). 2- Site plans including soil e submitted to the town commission andsediment revi e control plan which have been for review_- 3- Project address 49 ullivan Avenue 4• Total acreage South Windsor, C__o� icut g ofproject site 1.86 Acres 5- Existing land use Commercial/Residential (A-20Zone) 6• Project description ZBA a lication Attached 7• Acreage of are to be disturbed including structur disturbance 16,463 S. F. + es>additions,paving 4-bay gar for the relocated house'and soil age drives garages, sidewalks 8- Type of sanitary system(circle one se tics ste ublic sewer/other/none 9- Number of"]sting orpmPosed floor drain sewer,holding tank,or ground or Floc d their oint of dischar e e_ Drains g g sanitary 10•Water accessed b If other, y(circle on please e)-Private well/publ specify ic water/other/none; Gallivan is on ublic 11.Distance of site disturb 1199 Sullivan is on water for the bus ance to nearest Waterco Weld for potable water Hess Watercourse or wetland 100 feet 1 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_ ni scharw of stormwater system is through underground piping, discharging to to southwest corner of the basinshave 2' sums with oil sorbent booms. All catch basins flows go through a oil-water separator before discharging to ^fhe off-�; wetlands to the west 13_Type of heat for facility0mi, He ina Oil / Kerosene I4.List of existing and proposed underground or above-ground storage tanks including age,capacity and contents See Sheet Attached. 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 flee TtPm no 14 In addition, Sevice trucks, when present on site, carry small supplies of lubricants and so ven s or servJlcing it i 16.Describe any wastes generated and their means of disposal White paper recycle-50 gal. bin for recycle, 4CY dumpster for card board recyc e, umps er for general waste, motor oil drainings/heating oil drainings into above ground to ga ons or u ni IT Date application will be heard by Planning and Zoning Commission No Application Pending 18_Date application will be heard by Zoning Board of Appeals 11/06/03 continued hearing to 12p/04/03. 19.Date application will be heard by Inland Wetlands Commission No Application Pending- 20_Name,address and telephone number of contact person for the project Richard L. Boston, RIA Design Professionals, Inca 860-291-8755 11 18 03 Name of person completing form Signature Date Attachment No. 1 14. A. Existing above-ground tanks include: 1. 1,000 gallon propane tank(age: 25) installed 1978. 2. 55 gallon Kerosene tank(age-unknown)—to be removed. 3. 275 gallon Kerosene tank(age:5)installed 1998. 4. 275 gallon heating oil tank(age-unknown)-to be removed. 5. 500 gallon used motor oil/heating oil tank(age:5). B. Existing below-ground tanks include. 1. 1,000 gallon gasoline storage tank(age:5)installed 1998—STIP 3 2. 2,000 gallon diesel fuel storage tank (age:5)installed 1998—STIP 3 3. 1,000 gallon heating oil storage tank for office(age: 25)installed 1978—steel. 4. 1,000 gallon heating oil storage tank for residence(age:30)installed 1973 approximately. C. One new tank proposed for relocated residential if all zoning approvals obtained(275 gallon). ' �cW9 e - , ��- MEMORANDUM To: Members and Alternates of the Zoning Board of Appeals From: Barry D. Guliano,Town Attorney Date: January 27,2004 Re: General Legal Principles Pertaining to Nonconforming Uses,Variances and the Jurisdiction of the ZBA In response to your numerous questions pertaining to the Mitchell application, I am putting together a written response in an attempt to address each question. In the meantime, I thought it would be helpful and useful for me to forward to you the following documentation from the Connecticut Practice Book Series on Land Use Law and Practice, which is the land use "Bible" in Connecticut. Enclosed in this packet for your"light"reading is the following: 1. Chapter regarding "nonconforming uses" and how that term is frequently misused when a "variance" or some other legal term is appropriate (Section 52.1 through 52.5). 2. Chapter regarding general requirements and considerations by a Zoning Board of Appeals under Connecticut law (Section 8.1 through 8.7). 3. Chapter specifically dealing with variances and the tests to be applied, including the hardship requirement(Section 9.1 through 9.8). 4. Section regarding the attachment of conditions in the approval of variances (Section 22.18). 5. Section discussing the attachment of conditions to variances (Section 50.1). 6. Sections pertaining to the issue of confiscation of property and its relation to the granting of zoning variances (Sections 54.1 and 54.8). I realize that there is a lot of information and a lot of reading involved in this packet of documents, but I believe it may be helpful for you in your deliberations on many applications, not just the Mitchell application. I will, however, be prepared to answer specific questions that you pose regarding the Mitchell application and will attempt to have a writing to you regarding those specific questions prior to the meeting. If you would like to speak with me regarding any of this documentation before the meeting,please feel free to give me a call at(860)644-2511,extension 279. BDG/mpg