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HomeMy WebLinkAboutAppeal (3) -TOWN OFSOUTH WINDSOR Application# a APPLICATION FOR Date `1—k —(-5 ZONING BOARD OFAPPEALS Receipt 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. 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. 1. Applicant: DBB Management, LLC 2. Mailing Address: 111 Farm Brook Lane, South Windsor, CT 06074 with copy to Harold R. Cummings, Cummings, Lanza and Purnhagen, LLC P. 0. Box 667, South Windsor, CT 06074 3. Telephone#: DBB Management (Patrick Brannon): (860)290-9516 Attorney Harold R. Cummings: (860)644-3473 4. Owner of record of property in question: DBB Management, LLC 5. Location of property in question: 59, 67 McGuire Road Assessor's Map# 5 Parcels#'s 14, 15 Zone GC 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). Limited liability company. Owners: Patrick Brannon and Lynn Brannon Ili 7. Please indicate if the applicant is owner, lessee, or prospective tenant: owner 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 (x)An appeal from the Zoning Officer's decision involving use of property, outside storage. See letter dated June 17, 2005 attached. 9. Is this a request for a sign 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. N/A 11. Is this property within 500 feet of another town line? NO 12. Is this property within the Connecticut Water Aquifer area? Yes or No. If yes, application must be filed with the Connecticut Water Company by the applicant. NO 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. N/A I hereby declare that the data& information contained herein is accurate to the best of my knowledge. Dated this 13th day of July Year 2005 Applicant: DBB Management, LLC (Signature) By Harold Cummings, Its Attorney OWNER: DBB Management, LLC (Signat re) By Harol . Cummings, Its Attorney Approved: Denied: • 08/2&2002 14:57 8602909519 HARTFORDTRUCKEG PAGE 03 Ic sov& W&U&iat 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 =g 4� AREA CODE 203/644-2511 �asap,�pfi Novembez• 10, 1994 CERTIFIED #P389189016 Mr. Patrick 3. Brannon d/b/a Hartford Truck Equipment 165 Old Colchester Road Salem, CT 06420 - RE: Application #2219-94 Patrik J. Brannon d/b/acHartford Truck Equipment 67 McGuire Road Dear Mr. Brannon: This is to notify you that at the November 3, 1994 meeting of the Zoning Board of Appeals you were approved with conditions for a general repairer's license under section 14-55 for property located at 67 McGuire Road, GC Zone. The condition placed on this approval was that there will be no more than four vehicles parked outside overnight. Very truly yours, Robert W. Warren, Chairman Zoning Board of Appeals Patrick Bran 67 McGuire �C)o S.Windsor. ar a. Tel: 860-29M516 0 Fax: 860-290'� • O8120/2O02 14:57 8602909519 HARTFORDTRUCKEQ PAGE 01 155.00 - B2 0130 p 96-19-38 6 Z xz-02-02 4. Cn � f0 Q PARTS �? !STY. OV". zx eATHS �0 3rOFf/CES O n O 2 a ! T. ►T% n ~ 100-39 20 97-58-30 104.00° CfIRpB� VI � AD his Site Drawing is certified to the accuracy of a Class A-2 Survey s defined in the "Reemmended Standards for Surveys and Maps in the tate of Connecticut", as prepared and adopted by the Connecticut asociation of Land Surveyors, Inc_ an September 3, 1984. t� ichard M. Walton c }nnectiiut Licenced band Surveyor No. 16103 ibiel Associates f ticut 06108 Connecticut Boulevard, East Hartford, Cflrsnec Ism`' L--08/20? HARTFORDTRUCKEO PAGE 022002 14:57 8602909519 - MOR Ayrr"Vve"A TOWN 2F STITH 1'11 jewed and generally aw,n7 of this location has beers 'rev The Site Dr represents the approved location-atefc Name Ir-- Tit e / z/ Z-5-1—J_gnatuature AFFLICANT CERTIFICATION This Site Drawing is a"' accurate representation Of the PTOPOsed licensed area. ateeol Name igna e MA? RF-FERE14CE c6u-4r-80R inire o "Property of Ronald Demeo & Dom k0 Revise67t 14Gi ad Sol Windsor, Corm- Scale 1'?-20' Date 4-16-8 - Emil W Lucek Associates ." are currently located within a G-C Zme. ZGNE: The premises shown AREA: 26,700 square feet- gallon tank to be instal NOTE: Waste Oil is to be stored in a 275 9 suede the southeast corner of the building_ S TE DRA wllvG FOR TRUCK E-WIPA M N rp INC. 67 MadPWREMMAID SMM *YAVSM COMMECMUT 6 j9.94 SCAj.E--1"-40' SURVEY No. 94-50132 DUBIEL ASSOCIATES 1OwN a A T1911An Ole SlOtdA 604qd4i0t 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 �NosoR.co TELEPHONE (860) 644 2511 May 14, 2002 WARNING NOTICE Certified Mail DBB Management, LLC 7001 25�0 0003 1937 11.1 Farm Brook Lane ----__ 0Q72 South Windsor, CT 06074 - ----- ----- ----- LOCATION: 67 McGuire Road - Equipment Storage Zoned General Commercial Dear Sir or Madam: It appears, as a result of a field review, that truck parts and other equipment are present on the site without the appropriate approvals. Please be advised that this is a zoning violation. SOUTH WINDSOR REGULATION SECTION: Section 3.15 Commercial and Industrial Storage; Section 8.1 Site Development Plan CORRECTIVE ACTION REQUIRED: The equipment being stored outside should be removed from the site or stored inside the building. (Outdoor storage other than what is specifically approved is not allowed.) We have been unable to locate an approved site plan for this property. A request for allowing outdoor storage can be done through an application to the Planningand Zoning Commission. This 9 would Involve a site plan of development, showing the proposed equipment storage area etc., in compliance with the regulations. A Site Plan Checklist is enclosed as a guide. Failure to comply with the terms of this notice by June 10, 2002 will result in the issuance of a notice of violation and further enforcement actions. Feel free to contact me at 644-2511, ext. 251 if there are any questions. ncerely, L. 'Connor Zoning Enforcement OfficerREC CC: Planning/Zoning Commission Director of Planning,.Fi`' MAY 1 4 ?fgif Town Attorney SOUTH WNIDSOR P!:,JNN'1',' r �0-$N aFq cl 719a� 0 Ci • t'i 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786 ��Osoa-cc a�'`� AREA CODE 860/6442511 FAX 860/644-3781 August 15, 2002 SECOND WARNING NOTICE Certified Mail DBB Management, LLC 111 Farm Brook Lane South Windsor, CT 06074 LOCATION: 67 McGuire Road - Equipment Storage Zoned General Commercial Dear Sir: This is in reference to our initial letter of May 14, 2002 concerning the truck parts and other equipment existing on the site without the appropriate approvals. A recent field review revealed that the equipment is still present on the property and that this continues to be a zoning violation. SOUTH WINDSOR REGULATION SECTION: Section 3.15 Commercial and Industrial Storage; Section 8.1 Site Development Plan It is understood that you have applied to the Planning and Zoning Commission for a zone change on the property that you bought from the State of Connecticut, across from your present site. Please be aware that although the zone change application is pending, you are still required to conform to the Town's regulations. As stated in our May letter, the equipment being stored outside should be removed from the site or stored inside the building. (Outdoor storage other than what is specifically approved is not allowed.) Feel free to contact me at 644-2511, ext. 251 if there are any questions. Your cooperation in this matter is greatly appreciated. Failure to comply with the- terms of this notice by September 11, 2002 will result in the issuance of a notice of violation and further enforcement actions. S'ncerely, (�' J L b'Connor Zoning Enforcement Officer CC: Director of Planning Town Attorney �0%qN Sf4 F 7-owf O-P S-OiudA :.7 m & 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 :. �4, r��sox•C0 AREA CODE 860/644-2511 July 16, 2003 Certified Mail DBB Management, LLC 111 Farm Brook Lane South Windsor, CT 06074 LOCATION: Hartford Truck Equipment Inc. 67 McGuire Road (General Commercial Zone) Dear Sir: Truck parts and other equipment continue to be stored on the property, visible from McGuire Road and John Fitch Boulevard, without the appropriate approvals. This is a violation of SOUTH WINDSOR ZONING REGULATION: Section 3.15 Commercial and Industrial Storage which states that storage/display of any material outside of a building is prohibited if it is visible from any public way. It is understood that you had applied for a zone change on the property that you bought from the State of Connecticut, across from your present site. As you know, the Planning and Zoning Commission denied the zone change. It is felt that we have given you adequate time to correct the violation. Please remove the equipment being stored outside, from the site or relocate it to the inside the building, as soon as possible, so that no further enforcement action need be taken. Outdoor storage other than what is specifically approved is not allowed. Your cooperation in this matter is greatly appreciated. Feel free to contact me at 644-2511, ext. 251 if there are any questions. Mnnor Zoning Enforcement Officer CC: Director of Planning Town Attorney Hal Cummings Hartford Truck Equipment �4owN af, O Z• . • 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786 ~OsoR•c°�' AREA CODE 860/644-2511 FAX 860/644-3781 August 15, 2002 SECOND WARNING NOTICE Certified Mail DBB Management, LLC , 111 Farm Brook Lane South Windsor, CT 06074 LOCATION: 67 McGuire Road - Equipment Storage _ Zoned General Commercial Dear Sir: This is in reference to our initial letter of May 14, 2002 concerning the truck parts and other equipment existing on the site without the appropriate approvals. A recent field review revealed that the equipment is still present on the property and that this continues to be a zoning violation. SOUTH WINDSOR REGULATION SECTION: Section 3.15 Commercial and Industrial Storage; Section 8.1 Site Development Plan It is understood that you have applied to the Planning and Zoning Commission for a zone change on the property that you bought from the State of Connecticut, across from your present site. Please be aware that although the zone change application is pending, you are still required to conform to the Town's regulations. As stated in our May letter, the equipment being stored outside should be removed from the site or stored inside the building. (Outdoor storage other than what is specifically approved is not allowed.) Feel free to contact me at 644-2511, ext. 251 if there are any questions. Your cooperation in this matter is greatly appreciated. Failure to comply with the- r terms of this notice by September 11, 2002 will result in the issuance of a notice of violation and further enforcement actions. S'ncerely, J L. 'Connor Zoning Enforcement Officer CC: Director of Planning Town Attorney SSW N SEA a • � ���r���!"L CW • 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 OR•CO AREA CODE 860/644-2511 July 16, 2003 Certified Mail DBB Management, LLC 111 Farm Brook Lane South Windsor, CT 06074 LOCATION: Hartford Truck Equipment Inc. 67 McGuire Road (General Commercial Zone) Dear Sir: Truck parts and other equipment continue to be stored on the property, visible from McGuire Road and John Fitch Boulevard, without the appropriate approvals. This is a violation of SOUTH WINDSOR ZONING REGULATION: Section 3.15 Commercial and Industrial Storage which states that storage/display of any material,outside of a building is prohibited if it is visible from any public way. It is understood that you had applied for a zone change on the property that you bought from the State of Connecticut, across from your present site. As you know, the Planning and Zoning Commission denied the zone change. It is felt that we have given you adequate time to correct the violation. Please remove the equipment being stored outside, from the site or relocate it to the inside the building, as soon as possible, so that no further enforcement action need be taken. Outdoor storage other than what is specifically approved is not allowed. Your cooperation in this matter is greatly appreciated. Feel free to contact me at 644-2511, ext. 251 if there are any questions. nnnor Zoning Enforcement Officer CC: Director of Planning Town Attorney Hal Cummings Hartford Truck Equipment i �4owM aft 0 �i u •. c Tov� O-P 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 �NOsoR'c°�' TELEPHONE (860) 644-2511 December 8, 2003 Certified Mail Patrick Bannon DBB.Management, LLC 111 Farm Brook Lane South Windsor, CT 06074 LOCATION: Hartford Truck Equipment Inc. 67 McGuire Road (General Commercial Zone) Dear Mr. Bannon: This letter is in response to the truck parts and equipment which continue to be stored on the property, visible from McGuire Road and John Fitch Boulevard, without the appropriate approvals. You had met with the Assistant Director of Planning, Michele Lipe, back in August of this year. It was our understanding that you would be applying for outdoor storage as well as approval for an off-site parking facility across the street from Hartford Truck Equipment Inc.. SOUTH WINDSOR ZONING REGULATION: Section 3.15 Commercial and Industrial Storage and Section 13.2 Off-Street Parking and Loading are enclosed. As you have been made aware, all outdoor storage and off-site parking requires approvals from the Planning &Zoning Commission. Please submit an application to Planning & Zoning Commission as soon as possible so that no further enforcement action would be required. If there are any questions regarding this matter, feel free to contact me at 644-2511, ext. 251. Si cerely, J Connor s y Zoning Enforcement Officer CC: Director of Planning Town Attorney Hal Cummings Hartford Truck Equipment tpwN tfA O ' C.1 • U -0-wn O-P ls-lloab� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 '�OSOR. 0 TELEPHONE(860) 644-2511 April 6, 2005 Certified/First-Class Mail Patrick Bannon DBB Management, LLC 111 Farm Brook Lane South Windsor, CT 06074 LOCATION: Hartford Truck Equipment Inc. 67 McGuire Road (GC Zone) Dear Mr. Bannon: .Truck parts and other equipment continue to be stored on the property, visible from McGuire Road and John Fitch.Boulevard, without the appropriate approvals. The.Planning and Zoning Commission (PZC) had approved the zone change for the property adjacent to your present site on January 4, 2005. It was represented at the PZC hearing that you would be applying to the Planning and Zoning Commission for site plan approval, but we have not seen anything from you. It is felt that we have given you more than enough time to accomplish this. Please submit the application for site plan approval as soon as possible, so that no further enforcement action need be taken. Outdoor storage other than what is specifically approved by the PZC is not allowed. Your cooperation in this matter is greatly appreciated. Feel free to contact me at 644-2511, ext. 251 if there are any questions. Nere �Connor Zoning Enforcement Officer CC: Director of Planning Town Attorney Design Professionals SSW N Sfq C� C x F town aps-VUYA C.j U S � G 1540-SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 SOR'c° TELEPHONE(860) 644-2511 ENFORCEMENT ORDER (Certified/First-Class Mail) June 17, 2005 To: Patrick Brannon DBB Management, LLC Ili Farm Brook Lane South Windsor, CT 06074 Pursuant to the authority vested in me by the Zoning Regulations of the Town of South Windsor, Connecticut, you are hereby ordered and directed within ten (10) days of the date hereof, to discontinue and/or remedy the violation and condition at premises identified as: PROPERTY ADDRESS: 59 McGuire Road (Asses Map #5, Parcel#14)and 67 McGuire Road (Asses. Map #5, Parce/#15)owned and/or occupied by you, which is in violation of the said South Windsor Zoning Regulations. An investigation of the subject premises by this office discloses that the following conditions presently exist: I. Use ofproperties without site plan approvals 2. Outdoor storage of equipment which includes truck parts and other equipment, visible from McGuire Road and John Fitch Boulevard. This condition violates Section 315 Commercial and Industrial Storage and Section 8.1 Site Development Plan of the South Windsor Zoning.Regulations (attached). Your immediate attention to this matter is hereby advised and directed. If you fail to comply with this order, you may be subject to further enforcement proceedings and penalties in accordance with Connecticut General Statutes 8-12, .a copy of which is attached. You have the right to appeal this action to the South Windsor Zoning Board of Appeals within 30 days after the service of this order on you, in accordance with Connecticut General Statutes 8-12. �I 'Connor CC: Director of Planning Town Attorney Zoning Enforcement Officer Hartford Truck Equipment Inc. — Design Professionals OCT. 3.2005 1:03PM CUMMINGS & LANZR NO.374 P.2i2 r Wv orrlccs CUMMINGS,LANZA AND�IJMHAGEN,L.I.,C, 1610 ELLINGTON ROAD POST OFFICE BON 667 SOUTH WINDSOR,C6NN.06014-0667 HAROLD P.Cth►micas (8(0)6444473 MICHAEL J.LANZA FAX(840)644-3347 Or COUNSEL VINCEVT J.PURNHAMN ED�VARD Ti.>£11CNN Eb1II�Y OLSON October 3,2005 Via Facsimile and First Class Mail ' Fax Number: 644-3781 i Barry D. Guliano,Esquire Town Attorney Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 i RE: Zoning$oard of Appeals Application#2d54-05—DBB Management,LLC Dear Attorney Guliano: In accord'u M my letter to you of September 6,20d; ,please be advised that, on behalf of my client,DBE Management,LLC, it hereby withdrawn its appeal to the Zoning Board of Appeals. Based upon my discussion with Mr. Peter DeMallie; of Design Professionals,Inc,, earlier today, I am advised that the requested site plan application will be filed with the Planning Department prior to the Z13A meeting on Thursday. ' J- dy yours,R. Cummings HRC:es cc: Patrick 13rannon,DBB Management,LLC I Peter DeMallie,Design Professionals,Inc. Marcia Banaeh, Town Planner i cG�lR� 5a.:s M s226 �' G(/jRF 60 x 62.6 r � 32 • o 0 50.4 0 x " �o /64. ° ce's J 56.9 X56.9 x 1 I 60 ce. 0 211. --- — '� • c e's 179 95 54.5 53.z �`�' 55 / o• 53.4 �55.2 x o x 54.9 Q 53.0 x � . 53,4 Ce Town of South Windsor General Map IN Connecticut CONDOS Fok 57 and 69 McGuire Road 0 PARCELS Date Printed: August 22,2005 100 Feet ROAD NAMES 0 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.