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HomeMy WebLinkAboutVariance (929) TOWN OF SOUTH WINDSOR Q� 3� Application # y .(�_q . APP4ICATION FOR Date ZONING BOARD OF APPEALS Receipt# IMPORTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. 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, dimension, 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 mortgage 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. 1. Applicant: 2. Mailing Address: 3. Telephone#: (d) C244 alq 4. Owner of record of property in question: R4 AAA 5. Location of property in question: 3 I y 3t414401 a S, ('J Assessor's Map #--t=�— Parcel #-- 43 Zone 20 k-9 6. Is applicant a corporation or co-partnership? �If corporation, submit a list of officers. If co-partnership, submit a list of owners). Sap 7. Please indicate if the applicant is owner, lessee, or prospective tenant: 0W X. 8. Check one of the following: (�Request Variance to Section 3. o,5"}of the Zoning Regulations to allow ` �A � VVCC.Y f0le�%w� iV /�i O Ptate hea ng{end Section of the General Statutes for ( ) An appeal from the Zoning Officer's decision involving 9. Are sign(s) involved? YES or If yes, submit complete sign information as outlined in sign information requirements. 0 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 the liquor outlets, their locations and distances from the property in question. 0 11. Is this property within 500 feet of another town line? O 12. 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. t . A. o MVQ S,rs �,,3 off, w-XV r -u,►.�lsr�, TIOH . .DATE : :.::..:::.::.:.:.:::::.::::.:.:.:.::...:::.::.::.:...: , NY. .:. .. . . ..:.:: :::._....:::.::::::::::.....:.::::::::::...::::::.:..::...:::::::::.:::...:.:::::::. ::::.....::..::::.::..... m. Dated this /3�� day of Year �S APPLICANT: K, (Signature) OWNER: (S gnature) ACTION OF THE BOARD Granted: Denied: Continued from Section H; #12 The hardship and exceptional difficulty would be if I were forced to relocate my business. I am looking to continue an existing operation that since 1970 has had zero complaints (that I am aware of) from my neighbors or anyone else_ In addition, my neighbors are also my customers. They view my operation as a convenience, when they need their ears repaired. I am an asset to the Town, for tax revenue, and am also a town vendor, repairing police cruisers, ambulances, and pickups. I don't feel I should he punished for trying to make a living, supporting my family (which -includes my wife, two children and my father). I have looked into other avenues to relocate my business. The only alternative, at this time, would be to purchase an additional property and build a new facility. That is not a practical solution for two reasons (1)I have an investment in the property now as my business and my residence; and (2) we cannot afford an additional property and the costs associated with a new building, etc. I was born in South Windsor, raised in the house on the property. After I got married, my wife and I lived in Manchester for eight years always knowing that someday, when we could afford it, we would move back to South Windsor, build the.house of our dreams and move onto the property again and be able to live and prosper here. nd�. �nolication f846 - Stella and Walter Nadeau •• j(r. Cohan said this would not Change what he has there now; he is tbj ready Parking two cars in the same area Wiere the garage will be. 1he neighbors on each side have signed the petition Fair. Nadeau do presented, and this would not be detrimental to the neighborhood. )(r• Clinton moved that we approve Appeal #846 for a specific exception 'under Section 3.5 to allow the construction of a two-car garage no closer to the west sideline than ten feet, as it is the only feasible place to put the garage. Nlr. Pierce seconded the motion. 'hoa All in favor, none opposed. It was a unanimous vote and so ordered. or EFFECTIYE DATE: May 199 1971 'ea ipplication #847 - Joseph R. Rom -to .. The Board discussed this application as it was not. clear how the property was recorded in the Town Clerk 's office, and what effect the change of zoning regulations had had on the size of the lot and the right of war. "r. Boucher said dividing the land`--this way would still sake the lot larger than others in the area. *hile there may be no pressure to do this right now, he is trying to establish the property n line to avoid difficulty in the future. Mr. rtarren moved to table Application #847 for review by the Chairman With the town records to determine the present status of the property lines. Nlr. -Pierce seconded the motion. All in favor, none opposed. It was a unanimous vote and so ordered. APplication i8_48 - *dilliaci H. Strong out Mr. Cohan said that the lanning and Zoning Commission had granted a .e• special exception which allows this use frith several restrictions. However, the board's approval is necessary in order to get a repairer'sis license. iie felt the nature of this operation is such that it could !pth become a junkyard and-possibly the i3oard should make some stipulation to prevent this. Xr• Boucher moved we approve Appeal #848 for a State Nearing for a General Repairer's License for William H. Strong, 394 Graham Road. •t1 Tne conduct of this business is to be in keeping with the stipulations set forth in the Planning and Zoning Commission's letter of October 30, 1970 with a further stipulation that storage of non-registered automobiles other than those allowed by A2 of the Planning and Zoning Of Commission letter and outside storage of auto parts are not permitted. hr• Clinton seconded the motion. tYN 411 in favor, none opposed. It was a unanimous vote and so ordered. . Y�_CTIV DATE": Mlay 19, 1971 i. . F"'p4- AA4`J-� 6 b7 YL7 re-t4�, I hereby sign below in support of Richard Strong and his business, Strong Auto Repair, located at 394 Graham Road, South Windsor, Connecticut. NAME ADDRESS PRONE SIGNATURE 2. 3. 4. �� -�70,3 5. �r 6. AAZIAY'Arl � 8. to. 6z 12. 12. 13. i1 avr U, 14. al&ft sw X�?M 1�ef 4'd s e71 16.: Cl�� 9 'T� S �j in o n of �b�rh� � brie a uxk&; 6 & amd/ 18. 19. 20. Volume 611. Page N° . 359 STATUTORY FORM WARRANTY DEED e WILLIAM H. STRONG 0O356S Of the Town of South Windsor, County of Hartford and State of Connecticut, - For the coneideratioa of One - s ($1.00) Dollar and other good and valuable consideration, k grant(s) to RICHARD R. STRONG. r Of the Town of Manchester, Count of Hartford and y- said State'of Connecticut '• with WARRANTY COVENANTS •�}. ? (Description and Encumbrances, if any and Any additional provisions) See Schedule A attached hereto and made a part hereof . CONWYANCETAX MMVW y r STAT`E�`_jOCAI ;i TOWN CtERR OF SOUTH VWNDSOR r Signed this ae day of ' . Witnessed by: June, 19 9I. n } r Zn M s y William H. St Scott A. Andrusis ----------------- 9 STATE OF CONNECTICUT) I j ' COUNTY OF ) se. South Windsor HARTFORD ) June � 19 91 Personally appeared WILLIAM H.' RONG Signer(a) of the foregoing Instrument. and acknowledgedthe same to be his free act and deed, before me. Grantee(:) Mailing Address i 305 Oak Street Court Court t Co sioner f the Superior Jo ; n Cas Manchester, CT 01040 - Volume 611 Page N? 360 1 ! , SCHED_ULg Awl k ►' .4 certain piece or parcel of land, together with the buildin s and im ~4 ` menu thorSon and appurtenances thereto, located and situated prove• f ed on the easterly a . ; side of Graham Road, in t the Town of South Windsor . `s , County of Hartford and 1;r State of Connecticut, and being more particularly bounded and doecribod as s follows, to Wit.- Northerly, b land • , �`Y now or formerly of krnMa Sadonia and Elizabeth Patria, partly by each, Easterly, by Iaild now or formerly of Elizabeth Patria and t Novara Road, partly by oac}it ' f i Southerly, by land now or formerlyof Ku and pchunos Bros,, Inc.; }} Westerly,Y, by Graham Road. ii Poing promisee doecribod ao containing eight and s (8,6) acres as she on a ma ix tenths ; Ilp WILLIAM STRONG South Windsor, ConntltlScalo III ioyCof. t Sept. 1956 Cecil W, Brooks Land Survo or" j which map or plan IS on file In the Office of the Town Clark in Said Town t j of South Windsor, and reference thereto is hereby made for a .Itt Moro particular doocription of said prornloos. . EX HERI rROM A certain piece Town of land wltA all lmprovemmte tAsseen, situated in the Town state of Connecticut,b'elouth a .,:a" y of lbrefotd and r Count 9 the easterly portion of a certain 4 {! parcel located Gated f th easterly Old* of Graham Road and the wcaterl tiro jL NovQte Road, and shown on A ma PAOPOATY OP HILLIAH STRONG SOUTH HINOSOR 1 l SCPT, 1956 CCCIL N, P entitled 4 file !n the Olfleo oLRtAo Town BUAVCYOR►� CONN SCALD 1' • 300' f } U Hlndsor, to which reference mi Clark !n seldAlch map oe plan 1s on { bounded and doeorlbed as Y•bo had Tom O[South!e i4 folldwa, to Vitt more particularly 11ne of'MoversanoaE,teoidked by an iron pin set !n the westerly harem deecrlead parcelr •petne being the southeast he Th ar at the oc formerly of Rupahuno F ence proceeding H 7l0 19# 3 0• H a distance of 804.24' along land now s Stos„ to a paint,marked b i pint and Y!n Iron there* turning and runnln •H 200 L or less, along remaining 9 'S0 a A distance of 105,10� more t an iron pp!n bollq the iouthVast cotnat of landonoxPoc toierkly of E S1SIran g Pilria Thence turning and running s 920 00' Sand now Of formerly 2112abotA S a dlatence of g97,2S� along `' iron pin in the woaterl patrla to a point marked b an # Y ilno of Neveu Aoadl Y Thence turning9 and tunning S S10 fit t0a 1 Leer along me Neven Aar to the point and distance of 1SS.3a# RESERVING unto the Grantor the use of the premises for the term eof hiOf s natural 12fe. SUBJECT TO Taxes of the Town of South Windsor on the Grand List of October 1 becoming due and payable after the date hereof; and ALSO SUBJECT TO: a) A Sewer Caveat by the Town of South Windsor against William H. Strong dated t' July 25, 1972, and recorded in Volume" 164 Land Records; at page 81 of the South Windsor . i�F ' • f =f. Y — Cont'd. t � ' t f j � , _< Volume 611 . Page N° ' 361 4, SCHEDULE A-1. Statutory Warranty Deed from William H.. Strong to Richard R. Strong dated June 28■ 1991 - b) A Water Main Caveat by the Town of South Windsor against William H. Strong dated September 25■ 1964■ and recorded in Volume 104 at page 91 of.the " South Windsor Land Records. ` } c) Any state of facts which an accurate survey or personal inspection of the premises would disclose. } _y ,� 2a last f RECEIVED FOR RECORD-- 19 - AT 9:*0 RM, WINDSOR • RECORDED IN b' �� : ..•" LAND RECORDS VOL —PAGE ASSISTANT TOM MM t: _2_ i 1 s . O � / l \ 6S3 r 2`4.2� \ % NS32 aq.y$A �.< 3� 2s3 's \ 3/zg�s \ \ \ ZiS � Zi3 x8 \ 3 � \ Zog'rG z/ �Zx� � 4 J O 41P 9 i9s /97./D \ y /Fsr \ 8 F \� STAo �� �XGo... - 4 Town Hall, 1540 Sullivan Avenue, South Windsor, Connecticut 06074 October 30, 1970 Mr. William H. Strong 394 Graham Road South Windsor, Connecticut Dear Mr. Strong: During Executive Session of the Planning and Zoning Commission held on Tuesday, October 27, 19701 your application for a special exception was approved with the following stipulations: 1. That the business be limited to the straightening of automobile frames, front end alignment, and body work including body refinishing. 2. No more than four (4) cars shall be parked on the premises waiting to be worked on. 3. All work shall be done within the building. 4. This approval shall only be effective as long as the area remains un- developed. 5. The operation shall be conducted solely by the occupant of the property. 6. The driveway shall be the same driveway used for the house. Effective date of this approval is Wednesday, November 4, 1970. Very truly yours, 27TNING AND ONING COM USSION Joseph J. Carino Chairman JJC/bvz cc: Building Inspector McLaughlin 1� lication 6 - Stella and Walter N deau nd . 'Ap a . Cohan said this would not change what he has there now; he is the v,ready parking two cars in the same area *ere the garage will be. The neighbors on each side have signed the petition Mr. Nadeau :presented, and this would not be detrimental to the neighborhood. .d. Clinton moved that we approve Appeal #gbh for a specific exception under Section 3.5 to allow the construction of a two-car garage no closer to the west sideline than ten feet, as it is the only feasible place to put the Zarage. Nir. Pierce seconded the motion. hea All in favor, none opposed. It was a unanimous vote and so ordered. or EFFECTIVE DATL: May 199 1971 ea Application #847 - Joseph R. Roy t. The Board discussed this application as it was not clear how the property was recorded in the Town Clerk 's office, and what effect the change of zoning regulations had had on the size of the lot and the right of way. vir. Boucher said dividing the land this way would still wake the lot larger than others in the area. 4hile there may be no pressure to do this right now, he is trying to establish the property line to avoid difficulty in the future. Mr. rtarren moved to table Application #847 for review by the Chairman with the town records to determine the present status of the property • lines. i4r. 'fierce seconded the motion. All in favor, none opposed. It was a unanimous vote and so ordered. bplication j848 - ;iilliaci H. Strong ut 'Mr. Cohan said that the lanning and Zoning Commission had granted a Special exception which allows this use with several restrictions. However, the hoard's approval is *necessary in order to get a repairer's is license. He felt the nature of this operation is such that it could th become a junkyard and possibly the Board should make some stipulation to prevent this. Xr• Boucher moved we approve Appeal #848 for a State Hearing for a General Repairer's License for William H. Strong, 394 Graham Road. r me conduct of this business is to be in keeping with the stipulations Bet forth in the Planning and 'Zoning Commission's letter of October 30, 1970, with a further stipulation that storage of non-registered automobiles other than those allowed by #2 of the Planning and Zoning f Commission letter and outside storage of auto parts are not permitted. 14r• Clinton seconded the motion. All in favor, none o^posed. It was a unanimous vote and so ordered. br` Y,w:urIv:, DATE- : May 19, 1971 . v ,, III • APPLICATION #$ .7 - Joseph R. Roy $$ A + requests a specific exception under SectioaRoad, South '0findsor, lot with lean than the re wired frontage on 3,5 to allow a buildir q g Abby Road. R Rural zone Premises known as 416 Mrs Rol said he was requesting a specific exception to h with 160 feet frontage rather than the 175 feet required in thist zone. In 1 ,• 959 all these lots were 100, x 200 �w ir. .; changed to an R- ', but later it was 30 zone, which required 150 feet of frontage. He ? purchased the land during this time, and subsequently, it was Chan to a Rural Residence zone, requiring 175 feet. If this with 175 feet frontage, he does not have feet. lot is l . right of way of 50 feet to the land in back forfuture odevelopment den This exception would allow a right of way of 54 feet and a lo itl 160 feet frontage. r. Roy said he did not intend to sell this land wanted to take care of this matter now to avoid problems eif'itut hE becomes necessary to sell the open land and the h Mr. Roy said that as shown o Ouse separately. area and frontage than the other lotsin the is lar would still hav me back is 12 acres of wooded land. It was not clear The property � however, Just how the ar from the ma Town Clerk's office. Property lines are presently recorded in the APPLICATION William H. requests a at Henri Strong 394 Graham Road, South mind" Hearing for so on premises known as PProvaf of a General Repairers Licea 394 Graham Road. R Rural zone (State He oir.-.--Strong said he would like Go have License in order to use his approval of a General Repaire doing auto frame atrai�;htenip property more effectively. He would be said the abutting Property owners no objection.rk and alignment work. He he will use is 250 to 300 feet from the mad, and 150 feethe bfromi� buildings on abutting land his business will not any a traffic as it is a Verycreate much in town have expressed sneedtfcrothisbtsleeoas. The auto business*, + to go out of town to have it done. yP f work as they now have `'` ''`r• Strong read a letter of October 30, 1970 from toning Commission p�yi the ng approval for a special exception for Planning and s - use with stipulations limiting the operation. approval, he found that the After receiving thin was also necessary before approval of the Zoning Board of ,� the State would issue a repairer's license Richard Harding, 20 Hermatng ; +' application because this area was one said he was opposed to this is open for residential development a °f the few in that area which# " Phere and he felt it would be detrimet to have a garage-type g g type facility here which would be degrading to tho future development of this area. i-ie also Junk cars and farm equipment on the property now out that there readily visible now, it would become yore so ' and while it was it were developed, if the area surroundi �•: 'A l r, Strong said that the Planning and Zoning ilding is exception Commission had approved after a public heari 416 osition to his posal was voiced at the hearing. Heasaido the poutward appearance the building will not change at all, all work is to be done inside. lot felt if he could conduct his business here, and was on the premises his 1 the time, he would be able to keep it up better. He pointed out "as t another stipulation is that he must conduct the business himself,HQ cannot employ outside help. Also, if the area were to become Chan veloped, he could not conduct the business any longer. He said the ilding he proposes to use is a stable� le back of the two-car garage. � 40' x 25' in size, this is le a 6 g He has been doingthis type work for xuento rears and formerly ran Strong's Alignment in Nast Hartford. ' with s. Sandra Render, 96 Greenfield Drive, asked if :Mir. Strong would be ing painting which would involve the use of highly inflammable ut he ants. He said there would be no painting of total care. The ximum number of cars waiting for repairs is limited to four, and ese will not be seen from the road the will be behind the building. ve . Strong said he did not intend to a ve mo Junkyard here. y in PLI(;A*170N $ - Richard and Beatrice Grigorian, c% Edwin A. Laasman, pthe °�1 t. , artford, request a variance of Section 4.3 to allow eversion of an existing building for general office use on premises own as 1169 Ellington Road. A-20 zone ndao ty. 3dwin A. Lassman represented the property owners. Mr. Cohan icen inted out that Che Board had ruled in April 1970 on an application ng) ich appears to be identical to this. He asked that :sir. Lassman ow in what way this application is materially different than what sire s_presented a.. year_ ago, in some way connected with a change in the d be rdsaip. He ing Lassman stated that when they appeared a earGrigorian any s a potential owner. Subsequent to the hearing, aheldid14r�purchase the operty, which is about 3/4 to 1 acre in size. He eases at there has been a change in the area surroundingwthe ent on to say ha v s changed the character of the neighborhood. Property which tion of the Planningand �oninT g As a result of the g Gommisaion, 1+0 acres of land within proximately 800 feet of this Property has been zoned for apartment and e. this is half of a parcel of land of is 8pert in ues on and this change will`5 acres 'which abuts the his apa tined un s. ' permit the construction of Pttld nit a •ir• Lassman said the courts have ruled that you als appear again before the board of appeals unless there alas ens en a change in the character of the area, and he felt this change to apartment zone constituted such a change in character. ich is us pascanion offis for Permission to convert a two-family residence ime Y applicant in his insurance business. the ' Lassman presented photos to show the present condition of the we ructure, and a drawing of the way the building %o uld look when as everted to office Ise. The area of t:Ze building would remain the in Me there would be no addition to the exterior. A parking area uld be ;provided at the rear. Inside, two floors would be used as fices; changes would include a complete new furnace, air condition- 9 and new windows. .sir. Lassman said it would not be economically CASEY & GRACE ATTORNEYS AT LAW 479 BUCKLANO ROAD SOUTH WINOSOR.CONNECTICUT 06074 (2031 644-1526 JOHN M.CASEY TELECORIER(2031 6"-1520 WILLIAM E.GRACE January 24, 1990 Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 ATTN: Mr. Richard Eriksson, Chairman Zoning Board of Appeals RE: Strong Auto Repair 394 Graham Road Dear Mr. Eriksson: The above-mentioned business continues operation under a special exception granted in. 1970 by the. Town of South___ ___,. Windsor. The Owner of the business, William Strong, wishes to retire and transfer the State license with the Motor Vehicle Department to his son, Richard Strong. The use of the business will not change, nor will anything else. In order for the license to be updated a signature of the Chairman of the South Windsor Zoning Board of Appeals is required on the Motor Vehicle application as to the suitability of the site. Will you please advise whether you are willing to sign and we will get the State application to you. Sincerely, Jo M. C sey JMC/att . cc: R. Strong 'a M. Lipe R. rik Erik R. (Residence) 2d G�a�� ,O VI N S f, y C-1 U m 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 v SOR-CO'4 AREA CODE 860/644-2511 /January 11, 1996 CERTIFIED MAIL Richard K. Strong 394 Graham Road South Windsor, CT 06074 Dear Mr. Strong: Re: Appl #95-42P, Modification to Special Exception Please be advised that the Planning and Zoning Commission voted on January 9, 1996, to deny the above-referenced application for modifications to the existing special exception, and for site plan of development approval. The reasons for denial are: 1. The site is currently not operating in conformance with the existing special exception approval; and, 2. the_application involves expansion of a nonconforming use for which zoning regulations no longer exist. Very truly yours, PLANNING & ZONING COMMISSION Frank A. Castro, Vice Chairm FAC/pmm cc: Town Engineer Chief Building Official TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION Minutes - 6 - November 28 1995 Replies to the above comments and concerns: - building lots in Partridge Lane are 250' in depth, most of the homes are constructed 50' from the street; at least 60' of trees will be maintained between those homes and the proposed one - there will be no impact to the properties on Partridge Lane due to drainage - the elevations of the land are such that water would not flow uphill to Partridge Lane - the intent is to retain ten acres for the original house, stable, riding ring, and horses - the applicant has never expressed any interest in anything else except for the creation of two building lots and to retain the ten acres . - the plans do not-show the fixed location of the proposed houses,it is possible to move the house on Lot #1 to the south and rotate the angle slightly Levack closed the public hearing at 8:35 p.m. Montana returned to the meeting. 3. Anpl #95-42P. Richard K. Strong. dba Strong; Auto Repair-Modifications of existing Special Exception and Site Plan of Development for property located on the easterly side of Graham Road and northerly of Haves Road. RR and A-20 zones (continued from 11/14/95) Attorney Richard Kinney, representing the applicant, stated that the existing buildings have deteriorated to the point.of rebuilding, renovation, and removal. This operation has been in existence since 1970 with a special exception granted to Strong's father. There is an existing water drainage problem onto Graham Road that the Town is addressing. The building is proposed to be increased in size by approximately 1200 - 1300 sq ft.. The building is proposed to be lower in - height that what is there presently. Kinney invited the Commission to listen to the neighbors who are going to be most affected by this situation. Strong bought the premises from his father 3 1/2 years ago and intends to live on the premises. This is a family run business. Kinney requested the opportunity for one neighbor to speak on behalf of Strong because the neighbor had to be at work. Levack granted this request. D. Rezende, of 385 Graham Road, stated that he has lived at this address since 1975 and he was in favor of this application. Rezende said that Strong is a good neighbor and very considerate to his neighbors in the conduct of his business. Ozzie Torres, Engineer for the applicant, said that he prepared the site plans for this project. He stated that the parcel is 5 3/4 acres in size and is surrounded by agriculture use. There is an existing residential building plus the workshop for this use and two greenhouses. There are also two large barns and numerous sheds where the work is carried on. The total area of the shop area is approximately 2800 sf. Half of the parcel slopes to the west and the other half slopes back towards the east and north. The portion that slopes towards the west ultimately drains out to Graham Road. There are existing low areas in front of the buildings which also drain out onto Graham Road. There is a mature tree growth and screening along the northerly and southerly borders of the property. The existing operation presently has automobiles parked in the rear gravelled area which enter into the existing shed in the rear. TOWN OF SOUTH WINDSOR PLANNING & ZONING CON MISSION Minutes - 7 - November 28 1995 The proposal is to raze the existing sheds and the two smaller sheds and in their place install a larger building with approximately 4200 sf. The building will be much lower and tucked into the hillside so that the grades will tend to soften the height of 19'. The building will feature a metal exterior with brown tone colors. The architecturals of the proposed building were presented to and accepted by the Architectural Design Review Committee. The existing angled driveway drains out to Graham Road. A turn in the driveway is proposed in conformance with requests by the Engineering Department. Parking for the vehicles will be in the rear of the building. It is proposed to have a small parking area in the front of the L-shape building which will be screened by evergreens. Landscaping will be planted along the foundation of the building. A heavy evergreen screen will be provided along the north side of the building where there will be a paved area used for maneuvering the vehicles inside the shop. No vehicles will be parked there. The proposed site will be lighted with splash down type of lighting, typically a wall pack unit with a screen over it. This will not impact the neighbors. The main issue with this application is the drainage problem which comes out onto Graham Road. Soil testing has been accomplished on both sides of the driveway to determine which area was best suited for recharge. A system of underground infiltrators will be installed to assist the water to the recharge basin which will be located on the-northerly side of the driveway. With this type of system a catch basin will be provided just before the road with a trench drain across the driveway to catch sheet flow coming down the driveway. This catch basin will deliver the sheet flow to the recharge basin. Banach provided the following Planning Department comments and submitted several items for the record, including a copy of the original approval letter and meeting minutes: (Exhibit C) 1. The applicant is requesting a modification to the existing special exception approval that was granted in 1970 and a site plan of development for a existing business located on the easterly side of Graham Road, northerly of Hayes Road, RR and A-20 zones. The existing site is in excess of 5 acres and has an existing residence as well as the business on site. 2. The original special exception was granted on 10/27/70 with the following stipulations: a. The business be limited to the straightening of automobiles frames, front end alignment and body work including body refinishing;' b. no more than four cars shall be parked on the premises waiting to be worked on; C. All work shall be done within the building; d. This approval shall remain effective as long as the area remains undeveloped; e. The operation shall be conducted solely by the occupant of the property; f. the driveway shall be the same driveway used for the house. The original zoning regulation that this special exception was granted under was as follows: TOWN OF SOUTH WINDSOR PLANNING & ZONING CONB41SSION Minutes - 8 - November 28 1995 ed off on a fer In January from m the the chairman of the father William Strong o hiss on,d of RichardStrong.als At that time it waswas of the license from the will not change. stated that the use of the property 3. Our regulations today do not have any provisions for this type of special exception to be granted in any residential zones. It has been reported to us by another South Windsor resident that the applicant is not meeting all of the conditions of the original special exception approval, and we would ask the applicant to address this issue. 4. The site plan modifications requested include replacing the two existing buildings with one L-shaped building. The plan will also be adding a turnaround driveway area and parking area to the rear of the building, and drainage system down into the roadway. 5. The zoning requirements allow for 15% building coverage; less than 2% proposed. We allow 10% impervious coverage; we have requested the applicant to provide this information. We have also requested the square footage of the building be added to the zoning table as well as the parking formula. The applicant is showing 20 parking spaces. 6. Public water and sewer are being proposed to service the site. WPCA approval has been granted subject to the applicant receiving Planning & Zoning approval. Building garage drains to be connected to grease/oil separator and commercial sewer assessment rates apply. It should be noted that the owner will need to obtain a General Permit through DEP for a vehicle service floor drain discharge to a sanitary sewer. 7. The Police Department has reviewed the site plan and has requested verification that there is adequate site line at the driveway entrance. 8. There are no regulated wetlands on-site; however the applicant will be disturbing over 1/2 acre and subject to Conservation approval. This approval was granted by the IWA/CC on 9/6/95 with the recommendation of a$2,500 bond and no other unusual approval conditions. 9. The applicant appeared before the Architecture and Design Review Committee. The Committee was generally satisfied the design layout and proposed building materials and colors for the new building. They did have two comments: they suggested the applicant consider adding landscaping with color to the front entrance coming up the drive; and secondly when a spray booth exhaust pipe is added to the building that it not be on the building side which faces Graham Road. 10. The landscaping proposed includes about 10 yews proposed at the top of the driveway and a row of 22 hemlocks surrounding the northern section of the driveway. We have requested that some other evergreen planting be interplanted in this area so they have more of a variety in this area. Landscaping is also proposed around the perimeter the proposed dumpster. The dumpster is shown to be placed on a concrete pad and screened. 11. The applicant is not proposing any new signage at this time. He would be allowed 2 sf under our current zoning regulations. If this application is approved, the planning department has the following additional modifications to request: key map must be drawn in conformance with Sec. 8.1.2.1 of the zoning regulations TOWN OF SOUTH WINDSOR PLANNING & ZONING COMIVIISSION Minutes - 9 - November 28 1995 Strong said that he purchased the business from his father and has lived on the property all of his life. His life has been in this business because he has always worked with his father. The buildings are deteriorated and it is not feasible to rebuild the existing building. His neighbors are in favor of this proposal. This is not a high traffic business because most of his jobs are left there for a day's work and some for a week. He and his family do not live on ence Development - Proposed Zon total number of units allowed under this regulation from 70 to 115 units Evans made a motion to approve the proposed zoning amendment as presented above. Parrott seconded the motion. The motion carried and the vote was unanimous. ITEM: Minutes The minutes of October 30, 1995 were carried over to the next agenda. ITEM: Other Business Vulcan Radiator- Addition Vulcan Radiator had approached Banach with a plan showing an addition to the existing building located on John Fitch Boulevard. They will be appearing before the Architectural Design & Review Committee. Concerns of the Commission centered around landscaping and less pavement. The Commission indicated that this could be done in-house with attention to the Commission's concerns. Friedman's Property on Cha 1 Road Ronald Friedman also approached Banach about his property on Chapel Road. He is thinking about using the existing building for an industrial auction house. In doing this'he requires more parking. Banach asked the Commission if they would require a standard site plan. The Commission indicated that Friedman would have to come before the Commission with a site plan. ITEM: Applications Accepted for November 28, 1995 1. A l #95-49PX Vulcan Radia tor ator- Site Plan of Development for an 6,270 sf addition on property located at 515 John Fitch Boulevard, I zone I1EM: Adjournment Evans made a motion to adjourn the meeting at 10:25 p.m. Mealy seconded the motion. The motion carried and the vote was unanimous. Date Approved Respectfully submitted, Phyllis M. Mann Recording Secretary TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION Minutes - 1 - Januga 9 1996 MEMBERS PRESENT: Vice Chairman Frank Castro, Louise Evans, Thomas March, Walter Mealy, and Montana arrived at the meeting at 7:45 p.m. ALTERNATES PRESENT:Roger Cottle arrived at the meeting at 8:00 p.m. and sat for Russell Levack STAFF PRESENT: Marcia A. Banach, AICP, Director of Planning Castro called the meeting to order at 7:45 p.m. ITEM: Public Hearing 1. A12121 #95-51P. Amelia Blozie - Resubdivision of one lot on property located on the eastern side of Avery Street and northerly of Beelzebub Road A-20 zone It was noted that the applicant requested this hearing be rescheduled to January 23, 1996. ITEM: New Business" 1. AV121 #95 42P Richard K. Strop dba- ,—trong Auto Repair-Modifications of existing S cial 9xception and Site Plan of Development for p=qy located on the easterly side of Graham koad and northerly of Hayes Rbad. RR and A-20 zones Banach reviewed this a ' or the Commission_ Discussion ensued among the Commission with the following comments and concerns: - number of employees exceeding original special exception - special exception granted only for Strong or his father - operation more than intended in original approval (body work only); body shop permit is a full blown auto repair facility - changing character of neighborhood by replacing barn with metal building - site is located on a large piece of property - neighbors do not have a problem with the proposal - would present operation be undesirable in the future because of the residential nature of the area? Cottle arrived at the meeting at 8:00 p.m. - commercial uses should be in a commercial zone - if existing barn burned down, could it be replaced with a metal building? - the existing barn is deteriorated - new building will be built on present footprint - possibility of a zone change - neighborhood may not be favor of a zone change Y g - expansion of this business is not desired because it is a commercial use in a residential zone - PZC does not have the ability to approve an expansion of a nonconforming use even if it has an existing special exception approval - Strong's good work effort accelerated this problem - oil changes and other motor repairs should be stopped, because they are not in conformance with the original approval Evans made a motion to deny application #95-42P. The reasons for denial are: TOWN OF SOUTH WINDSOR PLANNING & ZONING COMN=ION Minutes - 2 - January 9 1996 1. The site is currently not operating in conformance with the existing special exception approval; and, 2. the application involves expansion of a nonconforming use for which zoning regulations no longer exist. March seconded the motion. The motion carried with Castro abstaining. 2. A12121 #95=48P. Bridget Vogelsang - Special Exception to Article 5.7 of the Zoning Regulations and Site Plan of Approval for the creation for a tea room and residence on property located at 1700 Ellington Road. RC zone There was not enough members present for a quorum who could vote on this application. It was rescheduled for January 23, 1996. 3. Chase Associates - Preliminary discussion re:_ proposed open space subdivision on property located on the easterly side of Ellington Road and westerly of Niederwerfer Road RR zone John Doran, of Chase Associates and Jim Dutton, Engineer with Luch's Associates were present for this discussion. Mr. Harris, executer of the estate for the property in discussion was also present. It is proposed to develop an open space subdivision of approximately.27 lots on 3.1.39 acres -- - located on the westerly side of Ellington Road and Niederwerfer Road. Utilities will be provided from Ellington Road. The present sewers are higher than some of the proposed lots therefore pumps will be required for sewerage disposal for some lots. The building lots will be approximately 25,000 sf with a 100' frontage. Twelve acres of open space will be provided. The wetlands have been delineated by a Soil Scientist. Two detention basins located on the westerly side of the site are being proposed. Three lots will be accessed from Niederwerfer or Ellington Road. Lot 1 and 2 will share a common driveway. Services for lots 3 -24 will be from the new road. Two cul-de-sacs are proposed. The design being discussed at this meeting is in conformance with the regulations. The open space area is located on high and dry land which drains to a large wetland area located on the west side of the property. The access to the open space could be located at the storm drainage site. Mealy left the meeting at 8:35 p.m. Discussion ensued among the Commission with the following comments and concerns: - presence of a ledge within the site - the possibility of a wildlife corridor through the proposed open space area - linear open space for this area might be desirable because of the wildlife corridor - number of lots on southerly cul-de-sac - not enough room for four driveways on a cul-de-sac - houses will be comparable to the JMJ houses located in Dart Hill Estates - two cul-de-sacs; one 408' and one 1000' - Town Council prefers privately owned open space under some circumstances - proposed open space could possibly be connected up with other open space that would be proposed in the future? ITEM: Bonds TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION Minutes - 3 - Januaa 9 1996 1. Aonl #95-15P. Lawrence Estates: Present bond amount is $496 000• recommended bond reduction is $374,000: remaining bond balance is $122 000 Evans made a motion to approve the reduction of the bond as stated above. Montana seconded the motion. The motion carried and the vote was unanimous. ITEM: Minutes The minutes of November 21, 1995 and December 12, 1995 were approved by consensus of the Commission. ITEM: Correspondence/Reports Banach informed the Commission that Filene's Warehouse, on Governor's Highway, had received variance approval from the Zoning Board of Appeals for the placement of a heated box for a double back load valve which is approximately 7 1/2' high and 12' long. This box is facing the road. The Design Review Board had input into the placement of the box. The concerns of the Commissions centered around the height of the box and the landscaping. rW*M: Applicatiom To Be Officially P."oiv*d 1. Appl #96-02P, Between Rounds - Site Plan of Development for expansion of an existing facility on property located at 19 John Fitch Boulevard,,GC zone DIEM: Adjournment Evans made a motion to adjourn the meeting at 9:00 p.m. Montana seconded the motion. The motion carried and the vote was unanimous. Date Approved Respectfully submitted Phyllis M. Mann Recording Secretary ec ric _ ti %.. 1*-#IV I VK NVILU11144a 1'�.1CItl111 Plumbing# 394 GRAHAM iAM ROAD HVAC # 25565 Date: (J 3 0P Sprinkler# No- FINAL APPROVALS Estimated Cost 10100 U Building COMPLETE RED BOXED AREAS Permit Fee 3 1 Ze> Engineering TYPE OR PRINT ONLY Occupancy Fee $ Affidavit Appr.for CO. SIGN ON REVERSE SIDE: J, Total Fee $ 12-0 TO BUILDING DEPARTMENT,TOWN OF SOUTH WMSOR,CT (Additional Cost) The undersigned hereby applies to do work according to the following specifications: Job Location 3 QY q 9-&f14xj Lot No. 33_Side of Street 14-S Zone Applicant Qjth Q-2►7 5 rK0AJ Tel# (Yq-2,?V2, Address 3q 2,a-rAMA (L-q Zip a�Lic.# Owner �Awe— AS A oYl-- Address Architect Address Sq. Ft.New Area: 1st FI. f6�x3t2 2nd FL 3rd FL Total New Area #Rooms_ I #Lavatories #Bathrooms #Garages Purpose of this permit: A-�� p V 'pO VS GA City Water ❑ Well Septic System Sewer ❑ Ins. H.O. V S.P. A Cert. Area Approved by Basement Garage Date 1 Use Group Construction Type J� Reve*d 1197 r �4oviN jet p ~ ��y�rw/ L V/ a 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074-2786 0A.co�'` AREA CODE 860/644-2511 FAX 860/644-3781 R EC E IV E November 19, 1998 NOV 20 1998 VIOLATION NOTICE Certified Mail SOUTH WINDSOR PLANNiNG DEPT. Richard K. Strong 305 Oak Street Manchester, CT 06044 LOCATION: 394 Graham Road Dear Mr. Strong: Please be advised that zoning violations have occurred at the above property. ZONE: Residential A-20 SOUTH WINDSOR REGULATION SECTION: Section 8-3f of the CGS, Section 8.1 Site Development Plan(See enclosed). TYPE OF VIOLATION: An addition is being but on the south end of the existing repair facility building. A review of the building file shows that a building permit was issued for the construction of an addition with out zoning approval. Site plans on file show two small strictures present where the current structure is being erected. Any change in the footprint of the building requires zoning approval as well as building approval. CORRECTIVE ACTION REQUIRED: Immediately cease constriction of the present addition and apply for zoning approval. Failure to comply with the terms of this notice will result in the issuance of a cease and desist order and referral of the violation to the Town Attorney. If you have any questions regarding this matter, feel free to contact me at 644-2511, ext. 229. Sincerely, J Jeffrey H. Folger Zoning/Wetland Enforcement Officer CC: Planning/Zoning Commission Director of Planning Town Attorney CA s ti 0-/e soa� 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074.2786 .co�'` AREA CODE 860/644-2511 FAX 860/644-3781 December 1, 1998 CEASAND DESIST Certified Mail Richard K. Strong 394 Graham Road South Windsor, CT 06074 LOCATION: 394 Graham Road Dear Mr. Strong: Please be advised that zoning violations have occurred at the above property. ZONE: Residential A-20 SOUTH WINDSOR REGULATION SECTION: Section 8-3f of the CGS, Section 8.1 Site Development Plan, Section 3.10.7 Extension of a non-conforming use. TYPE OF VIOLATION: An addition is being built on the south end of the existing repair facility building. A review of the building file shows that a building permit was issued for the construction of an addition with out zoning approval. Site plans on file show two small structures present where the current structure is being erected. Any change in the footprint of the building requires zoning approval as well as vi building approval. You were issued a olation order and a Sim Work order on Noy ember 19. 1998 tillcted that no =her work is to be done lentil the cta riAit,on +c resolved athermore yQU stated that the p=osed use o9= a dition iq to presently This is not allowed wl hrn�t arm�val b e and he non-cnnh=ing business on he site, y the Plannin C the Zoning Board of Appals g-�niIIg o mtcc�on anri CORRECTIVE ACTION REQUIRED: Immediately cease construction of the present addition and apply for zoning approval. This matter is being referred to the Town Attorney for legal action. If you have any questions regarding this matt er feel free. . to contact me at 644-2511, ext. 229. Sincerely, Jeffrey H. Folger Zoning/Wetland Enforcement Officer '0*N SE4 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 S(M-CO AREA CODE 860/644-2511 February 9, 1999 CERTIFIED #P462497983 Mr. Richard Strong d/b/a Strong Auto Repair 394 Graham Road South Windsor, CT 06074 Re: Appl. #2426-99—Richard Strong, d/b/a Strong Auto Repair, 394 Graham Road, A-20 and RR Zone. Dear Mr. Strong: At the meeting of the South Windsor Zoning Board of Appeals held on February 4, 1999, the Board denied your request for a variance to Sections 3.10.1 &3.10.5 for the expansion of an existing non- conforming commercial use, for property located at 394 Graham Road, A-20 and RR Zone. The reasons for a denial are as follows: 1. No hardship was demonstrated on the property. 2. There are existing zoning violations on the property. Very truly yours, Robert Warren, Vice Chairman Zoning Board of Appeals RW:dr cc: Building Department