HomeMy WebLinkAboutVariance (903) OUTH INDSOR NOF Application a
�LICATION FOR
Date
KING 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.
i0
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: Environmental Services, Inc.
2. Mailing Address: 90 Brookfield Street
South Windsor, CT 06074
3. Telephone#: 528-9500
Helen Knowles
4. Owner of record of property in question: John Mitchell, William Mitchell, Emma Dagon and
5. Location of property in question: 90 Brookfield Street
Assessor's Map # 123 Parcel# 7 Zone CSC
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners). Carolann Mitchell - President; Darryl D. Mitchell - Secretary
7. Please indicate if the applicant is owner, lessee, or prospective tenant: Lessee
8. Check one of the following: With full reservations of rights as a non-conforming use.
( x) Request Variance to Section 5-22 of the Zoning Regulations to allow a truck-to-truck
transfer facility
( ) 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? 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.
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.
See attached
] l
I hereby declare that the data& information contained herein is accurate to the best of my knowledge.
Dated this day of Year
Applicant
OWNER:
i ure)
SE
_. .z{�..�.:
Approved: Denied:
Revised 12/04/98
ENVIRONMENTAL SERVICES
The subject property is a non-conforming and continuous industrial use. It is zoned
General Commercial. The use restrictions imposed by the general commercial zone are not the
result of any acts of the applicant or of the property owners since the town adopted the zoning
rules and use regulations. The strict application of those zoning regulations produces unusual
and grave hardship upon this property because none of the uses to which it has been put are
permitted in the zone. The property history as a construction debris stockpiling site, fuel oil
supply site, school bus or transportation terminal and garage and trucking terminal and garage,
make it undesirable in today's environment for any other use. We know of no other property that
is so affected by the general commercial zoning regulations that all of its uses would be
prohibited if the rules were strictly applied. This hardship is further amplified by the property
status as a non-conforming use. Since prior to zoning this property has been used for trucking
along with various other industrial uses.
The applicant, Environmental Services, Inc., operates a trucking business dedicated to
performing its work as a state licensed spill contractor. As part of its trucking operation, from
time to time it is necessary or convenient to transfer a drum or drums of material from one truck
to another to consolidate shipments for delivery to out-of-state facilities. There are no in-state
facilities to which the reclaimed spilled material may be sent. Therefore, transfers of drums of
material from one truck to another are necessary and incidental to the business.
ESI has applied for a state permit to operate,a truck-to-truck transfer site. Part of that
application process requires a statement from the town zoning officials indicating that a truck-to-
truck transfer facility is a permitted use on the property. Since the use is not "permitted" under
the regulations, town officials cannot sign the statement. We have made this application for a use
variance rather than argue with town officials as to whether or not the transfer from truck to truck
is already permitted on this property by virtue of its status as a non-conforming trucking use. In
granting a use variance to specifically permit the truck-to-truck transfer facility, the ZBA may
include reasonable conditions. After the variance is granted, the operator is required to submit a
site plan to the TPZ for approval prior to constructing the improvements necessary to obtain the
state permit.
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Volume 601 Page N° 347
489
COMMITTEE DEED OF FORECLOSURE BY SALE
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETINGS
5` WHEREAS, by a Partial Judgment of Foreclosure by Sale rendered
on May 30, 1990, by the Superior Court for the Judicial District
of Tolland in a certain foreclosure action known as "No. CV 89-
"' i 0041927S THE BALF CO.V. BRUCE G» MACDERMID, EXECUTOR OF THE ESTATE
OF JOSEPH M. MITCHELL" ET AL, brought by complaint dated March 14,
R 1989, claiming foreclosure of a judgment lien on the land and
buildings and all other improvements thereon, hereinafter described
situated in the Town of South Windsor, County of Hartford and
State of Connecticut, the undersigned was duly appointed,
authorized and directed to sell an undivided 26% interest in land
0
and buildings and all other improvements thereon and convey the
S
x same to the purchaser, and
J WHEREAS, the undersigned has sold said undivided 26% interest
in land and buildings in all respects pursuant to said judgment to
JOHN JAMES MITCHELL AND JOSEPH PRESUTTI, TRUSTEE both of the Town
of South Windsor, County of Hartford and State of Connecticut, and
HELEN M. KNOWLES AND EMMA X. DAGON of the Town of East Hartford,
County of Hartford and State of Connecticut for the sum of Eighty
^' Thousand ($80,000.00) Dollars, and
k
WHEREAS, such sale has been ratified and confirmed by said
CONVEYANCETAXPEMMM k
SWES C�L LOS No '
- T0VMCL X0F60VrHW=W
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Volum 601 Page N" 349
Volume 601 Page N4 348
�'• 7 '�. rtMrly along the saebrly Ilr of land nov or tora.rly of Josaph
M.Kltohall.t al U9.89 Leat n.Pints CMnn iR9 w.awely
L _ _ 1.g the KOrtMrl it-of land
' 6up.rlor Court by°°°nd°r n°Y !n aid satloa N a.'f9 M1CeM11.t.1 306 t n the.cater,live o!B-okLLld 6tia.ei
' -.LouLD Charade LM rth.rly.long the t.rly 1L-of Brookfield
rE raced L..aid Stmt.40t.93 teat eo CM point of bplwlnq.
1991 all of which.PP" the re..liL rear sad•.
said 6uparlo[Court tO which-H-rasa L.
MreM 90 HAVE AND 90 HOID the above granted And bargained prealw.
}f� NOM RMENCtOBE, know y that I S099PM P.CAPOSSEi.il Of CM y v1N end appurt.°arcu eMno[,unto cA.N CM said Orantw•.their
CNnty Of'[oll.nd and a--OL ConwaclNi. -
j Town of Ellington. Ml-end-.igna t.—r,to that-aM their or Proper w..M
l pur.uant n the authority and directirn 91ven r a..ton.ald.t.°d ;2 beh-f. AM also.1,the said M59M P.CAPOB6W CfB0112'y99...
v afo-said. recalvad to 4
;.1 ail
in cow id rati,n of the • NILLSAM P.MISCM9IS•. t 9 above..t de hereby cr nant with the said Grantees,and their
r� satL&Jwtion of the said JOHN JAM K39CHBAt•.
1 grant'
� Mln .M sa•19w, that i have full paver and authority sa
.t AMp BMMA R.DACOa.dr hereby 9 ve. _ 11 Creelttee ef.-..Ld to grant and ea-" the aba na dn°rlbd
1 HBCEM K.BMOiH.ES said JOHN JAMS MIt'C CM, r
sail. trenstar and °°raver ant° CM i pewits In......
ow .M Lon afonsald.
u , o[.ELLE. H. R-L—S AND BMA
R. O.. —Jthei. - -
wILLIAM t. MIICHE44 i • Said prwt.sa. r°°t'•Y•° to the Grsatsa Meeln tm.M
an undivided 26%Lftmae C!n.eK-in elver r[ the
y 1 i E Mln.and a.eignI t known .90 .: lndge•nt live blaq tomlo.ad. .nd of all elalr
I i I6 CMmn. ;.
•f', . pl.c.or Paro.l o[land w1Cn cM blldln9• 1 buMM.M _ ub..qu.nc 11 light tMnn..a.Pc far..r..rnu.M rasa,twos
9 th Windsor.and eo-parcloul.r y y
8tooktl.ld 6CrsaC.Sou W the town of South M1M.ot.the holders Of Mleh a-bound by
•' `.� Natrlbed ae follows till. on,
at . pOlnt In the esauYly llhe of rBstooa.inln
I_ ii Coee.ncing rner oL P IN ML9K9aS MNEREOt. I Mv+M-rnto vet ry MM p°e.wnt to
Burt whits pOL.t garb end 6Nthw.tarlIiN iR f fi�t1,,
forearly E John Jar.MiteM11 t tnaaC°r° the authority and direction as.torasald. thl.7'f� d.y at 10+1�.
.brly dlrrtlon along the southerly t t of 11ndinthInce ov `running
t j j of JOM Jar.Mitchell at al 311he1ot land row c fo—.1y o[said 1991.
irorthe. along end u.ur1Y toil th.nhe running
i' 'Oh Jar.Mltch.11 at 1 13lllw feet to a land or[oxs•r]Y of Jean
9.s6M1yrd1759.57etweCMe.r�lnti f Iace Nheln9 ao berea. lan9
llhe of lend now oY foully of H.rvin Xrbern 977.15
f. CM w.nr1Y g w.cacly along land now or tOrrrly
Laet to a pOlntt thence--rain the--NnnL.g herto °lnti
t one Hrlst 497.93 Esat to a poalacNa.uu 106.llw of land now or
i[ land now oY fo w.cer]Y n9 the norctMOY.Y ° In
F 1 fid Nnn la. a.Ha.uce 303.51 E..t points CMnc.-ran 9
Y o
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Volume 601 Page ' NQ 350
Signed, Sealed and Delivered
in. the presence of
JOS H AFOS$ELA, COMMITTEE
QVD/t V
a
3
< g M
STATE OF CONNECTICUT) r
' ) as. Vernon
COUNTY OF TOLLAND ) '?�,
On this ) day of Fto , 1991, before me,gr(nL r*9A�L 6..AA94rfln
the undersigned officer personally appeared S:,stPH P-C.0o.�S1tA, -
known to me (or satisfactorily proven) to be the person whose name
is subscribed to the within instrument and acknowledged that he
W 6 executed the same in the capacity therein stated and for the
x x purpose therein contained. ..
y v e�Supe%i9p-Got1i� .
The foregoing Committee Deed is � �6
9 9 approved this 7* day o��'/: .
1991.
.qN.a a
Judge o the Supe or Court
GWH\FOR.AGT
RECEIVED FOR.RECORD-
FEB 8 1991 p
DA 4'l�n�.p���e,�;
T I Up�y��%%Id RWINMM CT -f
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�SOy'N sf,t�
70- 0-ye
y ` 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
soe•co�'�w AREA CODE 860 / 644-2511
October 14, 1999
CERTIFIED #P462498028
Environmental Services, Inc.
90 Brookfield Street
South Windsor, CT 06074
Re: Appl. #2448-99—Environmental Services, Inc.,90 Brookfield Street, GC 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 use variance to section 5.2.2 to allow a truck-to-truck transfer facilty at 90
Brookfield Street, GC zone.
The Board concluded the hardship to be as follows:
1. The only uses to which this property have been used are industrial in nature.
2. Uses on this property have existed prior to adoption of the zoning regulations.
The Board also put the following conditions on this application:
1. Approval is subject to site plan approval by the Planning &Zoning Commission.
2. Property is subject to the industrial performance standards as identified in section 6.1.3.3 of the
zoning regulations.
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,
Mfi6oriekknthony, Chairperson
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: Environmental Services, Inc., a use
variance to section 5.2.2 to allow a truck-to-truck transfer facility, GC zone.
Conditions: 1. Approval is subject to site plan approval by the Planning &Zoning Commission.
2. Property is subject to the industrial performance standards as identified in section
6.1.3.3 of the zoning regulations.
on premises located: 90 Brookfield Street
and more particularly bounded and described as follows:
ICosmencinq at a point 1n the easterly line of Brookfield
Street which point sacks the Southwesterly corner of ptemises now
or formerly of John Janes Mitchell et all thence consinq is an
easterly direction alonq the southerly line of land now or formerly
of John Jars Mitchell at al 313.71 feet to a points thence rssainq
northerly along the easterly line of land name or formerly of said
John Jars Mitchell at al 121.63 feet to a points thence canning
easterly alonq the southerly line of land now or formerly of Jean
a. Shepard 739.37 fast to a points thence cvneinq southerly alonq
the weaterly line of land now or formerly of Marvin Whereas 977.13
feet to a points thence runniaq westerly alonq land now or formerly
of one Kriat 497.93 feet to a poantl thence runalaq northerly alonq
land now or focssely of scary R. Narita 306.21 feet to a points
thence running weeterly along the northerly Ilan of land now or
formerly of Mary A. Nasuta 202.51 foot to a points thence running
Inortherly alonq the easterly Use of land now or formerly of Joseph
M. Mitchell at al 149.99 feet to a points thence ruuninq westerly
alonq •ths Northerly line of land now or forserly of Joseph M.
Mitchell at a1 205 feet to the easterly line of Brookfield Strests
thence conninq northerly along the easterly line of Brookfield
Street, 409.93 feet to the point of heginninq.
OWNER OF RECORD: John James Mitchell
Dated at South Windsor, Connecticut this 12th day of October, 1999.
Marjorie thony, Chairperson
PUBLIC ACT #75-317
Received for Record this day of 1999
at
VOLUME
PAGE
TOWN CLERK
MEMORANDUM
TO: JEFF DOOLITTLE
FROM: MELVIN C. STEAD,
SUBJECT: 96 BROOKFIELD STREET �n
DATE: OCTOBER 17,2001
The plan shows the property as one owner. Has the portion as shown on
Willowbrook golf course plan been acquired by Mitchell?
There is no location shown for how roof runoff will be handled from
canopy.
Trailer parking run off toward Town property is intended to run parallel
to property line and then to Podunk.
Should be some consideration for a spill containment plan noted on the
plan.
Podunk River has a large water shed above the 46" CMP. Is this adequate
to ensure that it will not allow storm overflow into transfer area?
RECEIVED
OCT 17 2001
SOUTH wilyDSOR
NG'NEI�RiO DEFT.
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO: Matt Galligan, Fred Shaw, Michael Gantick, Thomas Field, Bill Lanning, Kris Lindstrom,
Ray Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula, Jerry Iazzetta
FROM: Marcia A. Banach, AICP, Director of Planning
The Planning & Engineering Departments have received plans for the following project:
0I- 3 1 P 2�n✓ yzhv, fe vtC,er / c - Le((
Location: 0 i} A t o"-et f-f--
Site Plan O Subdivision No. Acres Zone
C3 Industrial Commercial O Residential No. Lots/Units
Water: 0 Public O Private Well Sewerage: O Public O Septic system(s)
Project Description: Y/v6i_-- 4V - if -� - �f ,� Z� I Ad4 I aXj)
Future Town-owned property involved? O YesxNo
O new street(s) O new detention area
O new open space/recreation area O active O passive
Planning Department notes:
2tu ya'--�"C.P -6 &/(&) 1&i (Yt
Chu r►� PZC. d� 4 69 f.23
Please comment by and return to the Planning Department.
e / 0
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO: Matt Galligan, Fr+d ShaJ, Michael Gantick, Thomas Field, Bill Lanning, Kris Lindstrom,
Ray Favreau, Karl Reichle, Mel Stead, John Collins, Bob Deptula, Jerry Iazzetta
.FROM: Marcia A. Banach, AICP, Director of Planning
The Planning & Engineering Departments have received plans for the following project:
Location:
l�Site Plan 0 Subdivision No. Acres Zone
O Industrial Xcommercial 0 Residential No. Lots/Units
Water: 0 Public 0 Private Well Sewerage: O Public 0 Septic system(s)
Project Description: J'lVcL dv- C4.+Ka44n4,— f ��-� - M4-41 aYf
Future Town-owned property involved? 0 Yesx,No
0 new street(s) 0 new detention area
O new open space/recreation area 0 active 0 passive
Planning Department notes:
✓h r e� Zay� n PZC t � 69 /5-3
Please comment by U and return to the Planning Department.
14
®mod o LcJ � / /L-2f3 �-�- ✓�$K'f�'' �� .
C
LAW OFFICES OF
WAYNE CHRISTOPHER GERLT
485 BUCKLAND ROAD
P.O.BOX 559
SOUTH WINDSOR,CONN.06074-0559
TEL.(860)644-2565
FAX (860)644-2567
October 23,2001
RECEIVED
Mr. Walter Mealy OCT 2 3 2001
Chairman
Planning&Zoning Commission SOUTH WINDSOR PIANNiNG DEPT.
Town of South Windsor
1540 Sullivan Avenue
South Windsor CT 06074
Re: Application No. 01-39P,Environmental Services,Inc.
for Site Plan Modification at 90 Brookfield Street, GC Zone
Dear Chairman Mealy:
Please be advised that we are herewith withdrawing our Application for Site Plan
Approval without prejudice; we will be reapplying at a later date when our engineering work is
more complete.
Thank you.
V
ery
Gerlt
WCG:mt
10-ON Sf4
%Uoon are
m 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
C
f�oSolt-co e� AREA CODE 860/644-2511
October 29, 2001
Attorney Wayne Gerlt
435 Buckland Road
P.O. Box 559
South Windsor, CT 06074
RE: Appl#01-39P Environmental Services, Inc. for plan modification at 90 Brookfield
Street, C Zone
Dear Attorney Gerlt:
Pleased be advised that the Planning&Zoning Commission made a motion to accept
your request to withdraw the above referenced application at the October 23, 2001,
Planning &Zoning meeting.
Sincerely,
Walter J. Mea , Chairman 0 'V
Planning&Zoning Commission
WJM/kag
f
I
Memorandum
To: File
From: Jeffrey Doolittle, P.E. Town Engineer
Date: 10/31/01
Re: Environmental Services (90 Brookfield St) Site Plan Review
I have reviewed the plans for the Environmental Services dated 9/4/01 and
have the following comments.
1. Sheet 2 - Show the limits of the "New Compacted Gravel Surface"
2. Add more trees in the 50 foot buffer on the east side.
3. Sheet 3 - Show the drainage swale more clearly, (with spot elevations or
more contours)from the north east, along the eastern border of the site
and around toward the Podunk River to the south/center part of the site
4. What containment, treatment, BMP are proposed/required for stormwater
run-off from the new trailer parking areas?
5. Show current, updated 100-yr floodplain limits
6. Check grades and drainage on the proposed trailer parking areas
7. Should there be a security fence around this site?
8. The Proposed Truck-to-Truck Transfer Concrete Pad is shown on Sheets
4, 5, and 6
9. Sheet 4 — Extend the fence and gate around all the trucks parked at the
Transfer Area.
10.What is the slope and where is a sump for the interceptor trench that
borders two sides of the Transfer Area. Is a trench needed on the other
two sides of this Transfer Area?
11.The plans show curb on two sides of the Trailer Parking Area which
means one side will be driven over and damaged by the Trailers and
Tractors.
12.Sheet 5 —What is the detail for where the steel deck siding meets the
concrete piers at the corners?
13.Section 1/5 should show the middle concrete pier and steel column
centered on the Transfer Area Platform per the Foundation Plan.
14.Sheet 6 — How does this middle steel column pass through the floor
framing and concrete deck of the Transfer Area Platform?
S:\ENGINEER\doolit\EnvironmentalServicesSPReview.doc