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HomeMy WebLinkAboutVariance (900) TOWN OF SOUTH WINDSOR Application # ` q , APPLICATION FOR Date & °t ZONING BOARD OF APPEALS 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 pp p 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. _W-11 r`. 1. Applicant: t'�rL�- ,u► r,c �'�► I1G'��1 Sa�D c P o 6w 2. Mailing Address: ] uo 3��CYO �1VAS Y 3. Telephone#: RhQ-69,L--) t 32 / 876 0-Z&q 4. Owner of record of property in question: 13 t_ge�;p @,t�2 j1•a� � ,� jg �� _ 5. Location of property in question: 3 ilk jjo*� h)oy � L0_3, 'lt C;-506,bw Assessor's Map # -7- Parcel# 7 Zone 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). �4 ,� ,� � 7. Please indicate if the applicant is owner, lessee, or prospective tenant: l,1 t-):r 8. Check one of the following: (VjRequest Variance to Section �, of the Zoning Regulations to allow ,�,�,—� r � ��� e a�- a+,�n�a� ©►� A�� ou�D 1?fir=QrMZvrrc�� u ( ) 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 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. 11. Is this property within 500 feet of another town line? n 12. Is this property within the Connecticut Water Aquifer area? Yes o 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 �' " �''' day of r Year g Applicant: J17W' 1�. 1 t 1�9 r Q b -bclZ 1 3Z (Signature) OWNER: CLL `7�1 1ZCl� �Q-e :A10LvSC-4 �s�o-1✓q 53Z (Signature) Approved: Denied: -------------- Revised 12/04/98 ITEM 6 List of officers: Electro-Methods, Inc. President Randall Fries Vice President Dani Stephens Bill Soucy Peter Burhans Secretaty Paul Keller ITEM 13: Electro-Methods, Inc. has a heliport located on Electro-Methods' private property at 330 Governors Highway. This heliport is within 800 feet of the proposed 175 foot monopole installation directly in line with the East to West approach to the helipad. The height of this proposed installation will create a hazard to helicopter operations at night unless the structure is properly lighted. There are also other aircraft operations in the local South Windsor area which could be adversely affected by an unlighted 175 foot tower. Electro- Methods, Inc.building, located within 600 feet of the proposed tower, could be involved in the event of a collision between an aircraft and the proposed tower. Electro-Methods, Inc. proposed the following lighting be incorporated on the structure. This lighting configuration meets the Federal Aviation Administration requirements as outlined in the attached Advisory Circular. One (1) red flashing(L-864)beacon at the top of the structure Two (2) red steady-burning(L-810) lights installed on diagonally or diametrically opposite positions at 20 feet above the tree line. Omnipoint has reviewed and approved the lighting as proposed and will incorporate the same in its installation. (See Omnipoint letter dated September 14, 1999 attached) Because of the hazard imposed by an unlighted tower of this height the applicants respectfully request a variance to section 16.3.G to permit the installation of the proposed lights. STANDARD LEASE AGREEMENT Site Number: CT11279A This Standard Lease Agreement ("Agreement's is entered into this 23 day of cti� OMNIPOINT COMMUNICATIONS INC., a Delaware corporation, having a principal place of bus business at 360 Al 1 1999, between Newark-Pompton Turnpike, Wayne, NJ 07470-6641 RON CORPORATION, a Connecticut corporation, having a principal eplace of business ssee� and E at GovernorsOHlig Highway, South South Windsor, CT 06074 ("Lessor's. Whereas, Lessor is the owner of property having a street address of 300 Governors Highway, located in the Town of South Windsor, County of Hartford,4tate of Connecticut, and hereafter referred to as the "Property". Lessor agrees to lease to Lessee a 50ft. X 50ft. (2500 sq. ft.) area of land to house a radio equipment cabinet and space for a monopole tower and associated antenna, more fully described on Exhibit A and hereafter referred to as _the "Premises". 1. Use of Premises (a)Lessee agrees to use the Premises for the installation, operation and maintenance of Personal Communications Service related equipment ("PCS's and associated antenna ("Installation's- All of Lessee's equipment or other property attached to or otherwise brought onto the Premises shall at all times remain personal property and are not considered fixtures, and at Lessee's option may be removed by Lessee at any time during the term hereof or any renewal terms. Upon expiration or termination of this Agreement, Lessee agrees to repair any damage to the Premises caused by Lessee during the term of the Agreement, ordinary wear and tear and damage from the elements excepted. In connection therewith, Lessee shall, at its sole cost and expense, obtain electrical and telephone service from the servicing utility company, including the installation of a separate meter and main breaker, where required. Lessee shall be responsible for the electricity it consumes for its operations at the normal rate charged by the servicing utility company. Lessee and Lessor agree that if an easement is required to obtain electrical power, an acceptable location will be agreed to by Lessor and the servicing utility company. (b)Lessee shall have the right to use reasonable and appropriate measures to install its equipment, including running transmission lines from the equipment area to the antenna. Installation shall be Monday through Friday from 8:00 am to 5:00 P.M. with reasonable notice to Lessor. Said installation shall be in compliance with all applicable laws and regulations, subject to other provisions of this Agreement. Lessee shall have the right to replace or modify the equipment installation, subject to Lessor's approval. Lessee agrees to perform the installation of the equipment and all improvements thereto in a good and workmanlike manner and shall n ot 0-disturb any tenants peaceful use and enjoyment of the premises. Lessor agrees to cooperate with Lessee, at Lessee's ex erase, in ma III aC.2lication for and obtaining ant local, state and federal licenses, ermits and any ! other a royals which may be required to allow Lessee use of the Premises Lessee shall employ due diligence to obtain said approvals within a timely manner. If, however, Lessee is denied a required approval, or is unable to f obtain approvals thus making the Premises unsuitable and renders Lessee unable to utilize the Premises Lessee shall have the exclusive right to terminate this Agreement within its sole discretion, and no further liabilities under this Agreement shall remain in force or effect, including but not limited to the payment of rent. (c)Lessor agrees to provide unlimited access to the external portion of the property. Lessor will grant access to the utility closet to Omnipoint employees, subcontractors or agents with proper identification Monday to Friday from 8 am to 5 P.M. with reasonable notice. Lessor acknowledges that Lessee has such access which shall remain unimpeded throughout the initial term and any renewal term of this Agreement. Lessor shall have the responsibility to inform all respective parties of Lessee's requirement for access to the Premises. Should Lessee's access to the Premises be denied, resulting in Lessee's inability to install or maintain its PCS installation, then in that instance, Lessee shall be entitled to a rent abatement until such time as Lessor can resolve situation. If access cannot be resolved, Lessee shall have the right o terminate not limited to Lessee's obligation to pay rent. Further Lessor shall be equied withinofifte bn' the access (15) days fdrom the date of termination to reimburse Lessee for any rent monies previously paid to Lessor, including if applicable, any security deposit monies. 1 ; in accordance with any security documents granted in favor of Lender, provided, however, that Lender shall promptly repair, at Lender's expense, any physical damage to the Property directly caused by said removal. 13. Indemnity. Lessee shall defend, indemnify and hold Lessor harmless from and against any and all claims, actions, losses, damages, costs and expenses, including, but not limited to, reasonable attorney's fees arising out of or in connections with (or claimed to arise out of or in connection with) any negligent acts or omissions directly relating to-the installation, operation, maintenance or removal of Lessee's equipment and installations on the Premises pursuant to this agreement, except to the extent arising from Lessor's negligence or willful misconduct, provided Lessor shall have given Lessee prompt written notice of any event giving rise to an obligation to indemnify Lessor and shall have granted Lessee the right to defend and settle any such claims. 14. Notices - Unless otherwise provided herein, any notice or demand required to be given herein shall be given by certified or registered mail, return receipt requested or reliable overnight courier to the address of Lessee and Lessor as set forth below: Lessor. Lessee: Electron Technologies Corporation Omnipoint Communications Inc. P.O. Box 316, 300 Governors Highway'- 360 Newark-Pompton Turnpike South Windsor, CT 06074 Wayne, NJ 07470-6641 With copies to: Senior Director Legal & Regulatory Affairs Omnipoint Communications Services, LLC 16 Wing Drive Cedar Knolls, NJ 07927 And General Manager New York Region Omnipoint Communications Services, LLC 11 High Point Drive Wayne, NJ 07470 Lessee and Lessor may designate a change of notice address by giving written notice to the other party. i 15. Lease Provisions (a) This Agreement shall be governed by the laws of the State of Connecticut. (b) All Riders and Exhibits attached hereto are made a material part of this Agreement. 4 (c) If any provision of this Agreement is deemed invalid or nonenforceable, the remainder of this Agreement shall remain in force and to the fullest extent as permitted by law. (d) No amendment or modification to any provision of this Agreement shall be valid unless made in writing and agreed to and signed by the appropriate parties who have attested and executed this Agreement. (e) Lease is contingent on Lessor's approval of construction drawings. In Witness Whereof,the parties have executed this Agreement as of the date first above written. LESSOR LESSEE - ELECTRON TECHNOLOGIES OMNIPOI C `M UNICATIONS INC., CORPORATION, A Connecticut orpora ion�4 a Delaware rp a 'o By: By; Name: Richard Plank Name: Micha \"i \j \� Fulton Title: President and CEO Title: Technical Director Date: /ECG Date: MAR 301999 Tax ID No.: 06-1084062 TOP OF PROPOSED OCS ANTENNA 175'-0" %_��PROPOSED FLASHING ' AB VE GRADE LEVEL -T; �j� RED BEACON (SEE DETAILS ON NEXT PAGE) PROPOSED OCS DAPA ANTENNAS (3) MOUNTED TO PLATFORM PROPOSED 12'-0" TOP PLATFORM PROPOSED OCS 150'-011 MONOPOLE I I I I��,�TWO RED OBSTRUCTION LIGHTS 2O FEET FROM TOP OF TREE LINE (SEE DETAILS ON NEXT PAGE) PROPOSED OCS BTS EQUIPMENT EXISTING TREES CABINET EQUIPMENT CABINET (TYPICAL) MOUNTED ON CONCRETE SLAB p o 0 0 PROPOSED OCS 50'-0" x 50'-0" x Cow b �a 8'-0" HIGH CHAIN LINK FENCE v a t ELEVATION LE-2 . SCALE:NOT TO SCALE NOTE: EXHIBITS SUBMITTED ARE A CONCEPTUAL REPRESENTATION OF THE LEASE AGREEMENT ONLY. ACTUAL CONSTRUCTION DOCUMENTATION MAY VARY TO COMPLY WITH ALL APPLICABLE CODES. E M((�� ELECTRON TECHNOLOGIES ono ARCHRU ELEVATION Ad*-300 GOVERNOR'S HIGHWAY A R c H i r E c T S. I H C. owv SOUTH WINDSOR CT 1 0 C S �""'er. 0 North Beers Street, Building 2, Holmdel, NJ 07733 PROD. br. pgTE; REV/1 KK 5/18l99 i_732.739.3200 Fax: 732.739.0440 R.F. ENCR: DATE: R.H.ra N. oa e vAr h ►.G �.G CTki FED ARCXGT Ro»e�Ns rKK]��[�.«SOUTH WINDSOR/RT. 5a w.CT-n-279A JDi A99.506,823A SAC. DATE LE 2 OWNER: DATE -opyright 1999 byARC�f4Architects, Inc. vuumm 6Ci uln bysiem •Flashing 300mm red beacon and obstruction lights used to light ' aviation obstruction between 151 ft. AGL and 350 ft.AGL • Meets or exceeds all FAA - specifications as found in AC 150/5345-43E"Specification for Obstruction Lighting Equipment," Type L-864 and ne L-810 •System includes beacon with bulbs three obstruction lights with bulbs, controller,photocell,junction boxes, and required wire and conduit �OLL-fOEE OODERING Double Obstruction Light k. Monday- Friday 8 a.m. - 5 p.m. EST 1-888-84-POLES •For use as obstruction light on (1-888-847-6537) towers,buildings and other structures up to 150 ft.AGL 1'+ • Meets or exceeds all FAA specifications as found in AC 150/5345-43E"Specification for Obstruction Lighting Equipment," Type L-810 •Bottom 3/4"hub for mounting • 1"and 1 t/4"hubs available as options • Utilize as steady burning or flashing • Durable,high-temperature,red Fresnellens _ • Utilizes two 116W,120V bulbs •Stainless steel latches and hardware for corrosion protection • Neoprene gaskets for weatherproofing •Bulbs sold separately •Attaches to platform tophat with obstruction light mount—see Monopole Mounts section I i F � The FCC may regyire nonstandard lighting at a specific site. x}. Licensees with questions about specific lighting requirements should check their FCC licenses to determine their specific obligations. 0111yIC vualr WAIL1111 LignT — Side Hub 1 , , •For use as obstruction light on •Utilize as steady flashing or burning towers,buildings and other +Durable,high structures g -temperature,red •Meets or exceeds all FAA Fresnel lens specifications as found in AC •Utilizes 116W, 120V bulb 150/5345-43E,Type L-810 •Stainless steel latches and •Side 3/4"hub allows for straight run hardware for corrosion protection of conduit from junction box •Neoprene gaskets for • 1"and 11/41,hubs available as weatherproofing options • Bulbs sold separately Lighting Bulbs 116W, 120V Obstruction Light Bulb •116W,120V obstruction light bulb 1 � 1 i 620W, 120V Beacon Bulb •620W, 120V beacon bulb for 300mm beacon ILL-FREE ORDERING Oki 4 Monday— Friday a.m. - 5 p.m. EST -888-84-POLES (1-e888-84 7-653 7) Strobe Flash Tube •Stro be flash -intensity tube for metllum white strobe light 3 r.. Dual Obstruction Beacon Flash Tube •Strobe flash tube for dual obstruction j strobe beacon ! •Specify red or white flash tube �. t The FCC may require nonstandard lighting at a specific site. Licensees with questions about specific lighting requirements should check their FCC licenses to determine their specific obligations. i i i 15 I • I I � �'A�X � •; • /.;,�.;' ' • ,..',.tub; ♦ � � • 1I I • ♦ ,�`♦ • • • • p • • • AD i .• 4 •�• © AAWFI • (V r • `V /�� •• o / . o •11• • • o o OA r r• •' • • • •00 O • ry / fPpq fY y ; �^ Y 8/O•j u Ar _,G0R s i 1 IYO ac> 0, ` t R � / O sour J O ' 01 O,q r / C� /' r ryORT i• / EIDON / t: / - if —: 01 R t / If J 'r / /.7 � J ' / / J J /r Os i / ; J / ! i x C^r11J LINK C:,.-- ' JFR 5'.0' MON.,FOLE <tz�_ , ref •�:. _•a .... .�. ;- A I , -1 \\ �/ r..:� C IK:r �'.• llt ilMt.����Ty-rla.P"T �I ' ....��'�� �.r'..__.. .... --� ` l � � ��'.'•�r•--J �J '�� i�5, a��(._. .tom EXIS i 1Nv °U:� NG Note: role Is located QQ feet from the side and rear crccerty lines and 390 feet frorrn the front property lire. r Town os ?40& 9 G 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 OR•CO��`c AREA CODE 860 /644-2511 October 12, 1999 CERTIFIED #P462498029 Omnipoint Communications Services 100 Filley Street Bloomfield, CT 06002 Re: Appl. #2449-99—Omnipoint Communications Service and Electro-Methods, Inc.,300 Governors Highway,I zone. To Whom It May Concern: At the meeting of the South Windsor Zoning Board of Appeals held on October 7, 1999, the Board approved your request for a variance to section 16.3.g to allow installation of aircraft warning lights on an approved 175' monopole, at 300 Governors Highway, I zone. The Board concluded the hardship to be as follows: 1. A light is necessary to provide safety to all surrounding buildings and pedestrians in that area. The Board also put the following condition on this application: 1. Approval is subject to the lights being placed on the monopole as described in the application and the use of the type of lighting that was submitted as a part of the application. 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, QnA - X1 (I ath M, a lol Y-- MITI MaiJoA Anthony, Chairpers Zoning Board of Appeals MA:dr cc: Building Department ' I,Marjorie Anthony, Chairperson of the South Windsor Zoning Board of Appeals hereby certify that on October 7, 1999, the Zoning Board of Appeals granted to: Electro-Methods, Inc., a variance to section 16.3.g to allow installation of aircraft warning lights on an approved 175' monopole,I zone. Condition: Approval is subject to the lights being placed on the monopole as described in the application and the use of the type of lighting that was submitted as a part of the . application. on premises located: 300 Governors Highway and more particularly bounded and described as follows: a certain piece or parcel of land, together with the buildings thereon situated In the '!oven of South Windsor, County of Hartford and State of Connecticut located an the northerly side of Governor's Highway and shown an a step entitled, "Property Hqved for Rycon. Inc. Governor's Highway, South Windsor, form. Scale 1%100' June 20, 1967 Hayden L. Griswold C.E.•, which map is on file in the Town Clerk's Office in said Zbwn of South Windsor to which reference may be had. Said premises are more particularly bounded and described as follows to wits Beginning at a point in the northerly line of Governor's Highway at its Intersection with the easterly line of land now, or formerly of the New York, New Haven a Hartford Railroad Ccm;W; thence northerly along the easterly line of lard of said New York, Never Haven i Hartford Railroad as shown on said map, a distance of 409.23 feet to a point, which point is marked by a merestonet thence easterly along the southerly line of land now formerly of Harry Goldberg and With Goldberg as shown an said map, a 62 feet to a point, which point is the northwesterly corner of Parcel shown an said map, thence southerly along the westerly line of said Par "8" as shown on said map, a distance of 480.60 feet to a point, which point is located in the northerly line of Governors Highways thence westerly along the northerly line of Governor's beginning a distance of 511.47 feet to a merestone, the point and place of OWNER OF RECORD: Electron Technologies Inc. Dated at South Windsor, Connecticut this 12th day of October, 1999. A h I'm 1 4 E,GLij2gMa r• Marjoricknthony, Chairperson PUBLIC ACT#75-317 Received for Record this day of 1999 at VOLUME PAGE TOWN CLERK