Loading...
HomeMy WebLinkAboutSpec Ex/Site Plan of Development (15) Ti TOWN OF SOUTH WINDSOR, CONNECTICUT D PLANNING & ZONING COMMISSION 3 APPLICATION FORM (9c? 5 Application No. : _ Date Received: �— Action/Public Hearing by: — South Windsor Receipt No. _ Planning & Zoning Commission APPLICANT: ADDRESS : OWNER OF RECORD ON LAND RECORDS 'car ADDRESS: = �'aj �►2R4y/f}v�► COMPLETE LOCATION OF PROPERTY: rSQn�� I Assessor' s Map #1 Parcel # 0►,e 2 s A II NAME, ADDRESS, & TELEPHONE # OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: &� 4ea S%Ppnl c v THIS APPLICATION IS FOR: (Check all ' that apply) : _1 . Zone Change to (Public Hearing required) _2. - Subdivision/Resubdivision a. _ Subdivision Minor Major b. _ Resubdivision Minor Major (Public Hearing Required) C. _ Conditional Approval d. _ Open Space Subdivision (Public Hearing Required) •/3. Special Exception to Article (Public Hearing Required) 14. Site Plan of Development _5 . General Plan of Development _6. Earth Filling (Sec. 101 and/or Earth Removal (Sec. 9] (Public Hearing Required) _7. Regulation Amendment: Zoning Subdivision _8. Amendment to Town Plan of Development _9 . Temporary and Conditional Permit _10. Other (explain in detail) : Ap 6, P "an Prop/ t � See reverse side for additional information) Hectric# _ ti1'1`LI%.M l wlvl 1 VK UVILL#1a4%.r 116KI lil i Plumbing# 3 9 4 GRAHAM ROAD WAC # �. 25565 Date: 300 Sprinkler# FINAL APPROVALS Estimated Cost $ 10100 U Building COMPLETE RED BOXED AREAS Permit Fee 1 z o Engineering TYPE OR PRINT ONLY Occupancy Fee $ Affidavit SIGN ON REVERSE SIDE Appr.for CO. Total Fee $ 12-(-3 TO BUILDING DEPARTMENT,TOWN OF SOUTH WINDSOR,CT Additional Cost) $ The undersigned hereby applies to do work according to the following specifications: 1o6 Location .3 Lot No. -39 Side of Street 4S Zone Applicant c)44 9-7 S�IRon!ci Tel.# Address .aJ'q y S 2"Am (LB Zip d�Lic.# Owner S,Av� .45 o t/e-- Address Architect a Address Sq. Ft.New Area: 1st FI. -& X,3(0 2nd Fl. 3rd Fl. Total New Area #Rooms I #Lavatories #Bathrooms #Garages Purpose of this permit: 6�,,,-f'i4�� 0iJk oAIS �& ' N Q - o aA ., 19 09 City Water ❑ Well Septic System Sewer ❑ Ins. H_O. V S�.P. A Cert. Area Basement Garage Approved by -3 Date i', 1 .Use Group 5- Construction Type Revised 1197 STRONG AUTO REPAIR PUBLIC HEARING l is 1. T ppli an, is reque in a m dific , ion to j e existing e al; ce do app al thrl't as anted i 197 . and s' p of ev p e t for isti burin s lo,, ed the e t l si o r a Ro d, or I rly of H yeti,` a R { k s c���.�_rcr+ A n s. he xi ing it i i exce s 5 c e an v h ark exis ' g side as w a e bus' ss o sit . (Zl.t�i,GL1. 2. The original special exception was granted on 10/27/70 with the following stipulations: a. The business be limited to the straightening of e� automobiles frames, front end alignment and body work including body refinishing;' r� b. no more than four cars shall be parked on the premises waiting to be worked on; ® �, �w t� � 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 re ulation that this special exception was granted under was as follows: ----READ SPECIAL EXCEPTION---- In January of 1990, the chairman of the Zoning Board of Appeals signed off on a transfer of the license from the father William Strong to his son, Richard Strong. At that time it was stated that the use of the property will not change. 3. Our regulations today do not have any provisions for this type of special exception to be granted in any residential zones. It l has been - y-aata er�'ctsor r_esn Uy that the applicant meeting all of the conditions of the original special exception approval, and we would ask the applicant to address thismis , at w/ Vie_ y�ry queions w h are: the-eL t nature of the s es ` c nduct�d on sit e umber o pare- t •' a 'dt %wh he oc pa. t-is th1 rperson ctin siness. Wto n mod11 tions requ sted incl de replac' g the ildi g with Brie -shaped uilding: he plan a di a urn roun dr�vew are -an arkin r ar Ith i ding, a d drai syst down d ay. 5. The zoning re U allow for 15% building coverage; less than 2% proposed. 1O% impervious coverage, 1Y 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 arage 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 e 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 additional modifications to request: k of t ai no s 9 vV D l PjP 1. Fire and police station or other similar municipal building; g public utility building or utility transformer station. 2 Park, playground, or recreational area operated by the Town of persons South Windsor. ducted. 3. Forest or wildlife reservation, park or playground not operated for profit. the rural zone districts, the Commission may pprmtt,<as special exoopti9p,.after public hearing, limited commercial arWbr.=all industrial op44ftons conducted only by the occupant o tt�e grope'rty where such uses f the Will not.A e detrimental to adjoining property. e abuts 2. Will not substantWly change the character of the neighborhood. 500 ine 3. Will not increase congest ci In the streets or create traffic treat hazards. r i, J. Accessory uses as limited in 4.1.4 above. k. Signs as limited in 4.1.5 above* s of 4.2 RESIDENCE AA ZONES - PERMITTED USES with 4.2.1 One family dwellings. 4.2.2 Places of worship, public and parochial schools. - 4.2.3 Uses providing essential community services, as a special exception by the line Planning and 'Zoning Commission, when, specif ically approved by the Commission after a public hearing, with due consideration to preservation of the character of the neighborhood, proposed site planning and landscaping, mess traffic safety, and to other standards established in these regulations, Wor limited to: a. Fire and police- station or other similar municipal building; public tagious, utility building or utility transformer station, Ls not tients b. Park, playground, or recreational area operated by the Town of ad South Windsor. c. Forest or wildlife reservation, park or playground not operated for ri six profit. sr camps, blic 4.2.4 Accessory uses incidental to a permitted use on the same premises, as limited by 4.1.4 to and including 4.1.4f above. Loris 4.2.5 Signs as limited in 4.1.5 above. hen n'to 4.2.6 Parking and storage of trailers and camping vehicles subject to Section to 7 of-these regulations. ds , -13- .t„rfq I1� PLICATION J847 - Joseph R. Roy, 3$$ Abby Road, South Windsor, requests a specific exception under Section 3.5 to allow a buildit lot with less than the required frontage on premises known as 416 ..f Abby Road. R Rural zone Mr= Roy said he Was requesting a specific exception to have a lot with 160 feet frontage rather than the 175 feet required in this zone* In 1959 all these lots were 1001 x 2001, but later it was i changed to an R-30 zone, which required 150 feet of frontage. He` purchased the land during this time, and subsequently, it was chah ,t to a Rural Residence zone, requiring 175 feet. If this lot is 16f- with 175 feet frontage, he does not have enough left to provide a' right .of way of 50 feet to the land in back for future development f This exception would allow a right of way ,of 54 feet and a lot �r1 160 feet frontage. r. Roy said he did not intend to hell this land a: present, but he wanted to take care of this matter now to avoid problems if it y , becomes necessary to sell the open land and the house separately. Mr. Roy said that as shown on the map, this lot would still hav i ac area and frontage than the other lots in the area. e it back is 12 acres of wooded land. It was not clear from the map, however,however, just how the property lines are presently recorded in the {y Town Clerk's office. i"T`' APPLICATION t$ $ - William H. Strong 394 Graham Road, So requests f requests a tate Hears fora f t �4 on premises known as Pprova of a General Repairers Lic s 394 Graham Road. R Rural zone (State Hearing} jai r. Strong said he would like to have approval of a General Repair* " License in order to use hisro more doing auto frame straightening,by k andevely. He would b od y alignment work. He said the abutting property owners have no objection. The builds ng he will use is 250 to 300 feet from the road and 150 feet from buildings on abutting land. This business will not create much traffic as it is a very ry slow turnover business. The auto business+!.1 in town have expressed a need for this type of work as they now hav# r> to go out of torn to have it done. Ei Air. Strong read a letter of October 30, 1970, from the Planning ante Zoning Commission giving approval for a special exception for this • ; use with stipulations limiting the operation. After receiving thit approval, he found that the approval of the Zoning Board of s Appeal(was also necessary before the State would issue a repairer' l cen t a It i .k' Richard Harding, 20 Herman Way, said he was opposed to this application because this area was one of the few in that area whit . is open for residential development and he felt it would be detrim to have a garage-type facility here which would be degrading to the future development of this area. 1 property also pointed out that there junk cars and farm equipment on the ;. whil readily visible now, it would become more rso ifwthande area se it was it were developed. ; iZ i� 1 r, Strong said that the Manning and Zoning Commission had approved i416ng is exception after a public hearing, and no opposition to his posal was voiced at the hearing. He said the outward 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 t another stipulation is that he must conduct the business himself, He was cannot employ outside help. Also} if the area were to become hap vsloped, he could not conduct the business any conger. He. said the c a han ilding he proposes to use is a stable, 40 x 25 in. size, this is back of the two-car garage. He has been doin this type work for de a years and formerly ran Strongts Alignment in last Hartford. proant* t with' g, Sandra Bender, 96 Greenfield Drive, asked if Mr. Strong would be ing painting which would involve the use of highly inflammable ints. He said there would be no painting of total cars. The but he ximum number of cars waiting for repairs is limited to four, and It ese will not be seen from the road, they will be behind the building. 'ely. Strong said he did- not intend to start a junkyard heres ave mo rty in IGATION 8 - Richard and Beatrice Grigorian, c/o Edwin A. Lassman, ap* earl t. , artford, request a variance of Section 4.3 to allow n the nversion of an existing building for general office use on premises own as 1169 Ellington Road. A-20 zone - dindso ty. Edwin A. Lassman represented the property owners. _ Mr. Cohan Licen inted out that the Beard had ruled in April 1970 on an application Bring) ich appears to be identical to this. He asked that :Mr. Lassman ow in what way this application is materially different than what .psire s presented a year ago, in some way connected with a change in the ild be rdship. He .ding Ldssmazi stated that when they appeared a year ago, r. Grigorian ,m any s a potential owner. Subsequent to the hearing, he did purchase the ,h operty, which is about 3/4 to 1 acre in size. He went on to say .nessee at there has been a change in the area surrounding the property which >w ha v s changed the character of the neighborhood. As a result of the tion of the Planning and Boning Commission, 1+0 acres of land within proximately 800 feet of this property- has been zoned for apartment .g and e. fhis is half of a parcel of land of 85 acres which abuts the this 8pert in tquesiton and this change will permit t►ie construction of this. apa tmen un s. ' Ar. Lassman said the courts have ruled that you peals ould not appear again before the board of appeals unless there iias icens ' en a change in the character of the area, and he felt this change to apartment zone constituted such a change in character. s which 15 application is for permiss- ion to convert a two-family residence trime r use as an office by the applicant in his insurance business. o the ' Lassman presented photos to show the present condition of the re we ructure, and a drawing; of the way the building TAould loop when was nverted to office use. The area of toe building 'would remain the undin 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- g and new windows. =sir. Lassman said it would not be economically PREAMBLE For the purposes of promoting the health, safety, morals and general welfare of the community; for the purpose of lessening congestion in the streets; for the purpose of securing safety from fire, panic and other dangers; for the purpose of preventing the overcrowding of land and avoiding undue concentration of population; for the purpose of conserving the value of buildings and en- couraging the most appropriate use of land throughout the town; for the purpose of providing for the health, comfort and general welfare in living and working conditions; and for the purpose of regulating and restricting the location and use of buildings, structures and land for trade, industry,-residence or other purposes; for the purpose of regulating and limiting the height and bulk of buildings hereafter erected, and for the purpose of regulating and determining the area of yards, courts and other open spaces for buildings hereafter erected; and in pursuance of authority conferred by Chapter 124 of the,General Statutes, Revision of 1958, as amended and supplemented, the Zoning Regulations of the Town of South Windsor are hereby amended and supplemented to read as follows: INTERPRETATION In their interpretation and application the provisions of these regulations shall be held to be the minimum requirements adopted for the promotion .of the public health, safety and welfare. It is not. intended by these regulations to repeal, abrogate, annul or in any way impair or interfere with existing provisions of other laws or ordinances, except those specifically repealed by these regulations, or with private res- trictioris placed upon property by covenant, deed or other private agreement, or with restrictive covenants running with the land to which the Town is a party. Where these regulations impose a greater restriction upon land, buildings or structures than is imposed or required by such existing provisions of law, ordinance, cbntraet or deed, the provisions of these regulations shall control. EFFECTIVE APRIL 28, 1969 These regulations are for convenience only. For official copy please refer to the copy on file in Office of Town Clerk. Interpretation of these regulations is obtainable at the Building Department or at the regular meeting of the Planning and Zoning Commission, the fourth (4th) Tuesday of the month at South Windsor Town Hall. I - TABLE OF CONTENTS PAGE SECTION 1 Definitions 1 SECTION 2 Districts 4 SECTION 3 General Requirements 5 SECTION 4 Use Regulations Rural Residential-RR Zones 10 Residence-AA Zones 13 Residence-A Zones 14 Restricted Commercial-RC Zones 14 _ General Commercial-GC Zones a 15 i Restricted Apartment RA Zones 16 Industrial-I Zones 18. Industrial Park-IP Zones 20 RestrictedOffice-RO Zones 22 Flood`1Plain-FP Zones 24 Site Development Plan 25 SECTION 5 Area, Yard and Height Requirements 27 SECTION 6 Minimum Floor Areas 28 SECTION 7 Trailers and Camping Vehicles 29 SECTION 8 Off-Street Parking and Loading 30 SECTION 9 Sand and Gravel 33 SECTION 10 Administration and Enforcement 34 SECTION 1 DEFINITIONS . 1.0 Def initions: For the purposes of these regulations, the following terms, phrases, words, and their derivations shall have the meaning given therein. When not inconsistent with the content, words used in the present tense in- elude the future, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory. l.la Accessory Use et Building: A subordinate use or building customarily incident to and located on the same lot with the main use or building. 1.2a Boarding House: A residence in which the resident owner or tenant rents rooms and furnishes meals for compensation to one or more persons, but not in excess of six persons. 1.2b Boarding House-Farm: A dormitory building, used as an accessory to farming for the seasonal use of farm labor. 1.2c Building: Any structure having a roof and intended for shelter, housing, or enclosure of persons, animals,,or materials. Any other structure more than eight feet high, excluding a',public utility pole or flagpole. 1.2d Building Area: The ground area enclosed by the walls of a building, together with the area of all covered porches and other roofed portions. 1.2e Building Height: The vertical distance from the average finished grade within ten feet of the walls of the building to the highest point of flat or mansard roofs including the .top of a parapet or to the mean level between the eaves and ridge for gable, hip, or gambrel roofs. 1.2f Building Tine: A line parallel to a street at a distance equal to the re- quired front-yard or at a greater distance when otherwise established by the Town of South Windsor or where established. by the owner and recorded in the land records of the Town of South Windsor. • 1.3a Camping Bus; A self-propelled recreational vehicle, a motorized camper. 1.3b` Camping Trailer: A vehicle other than a Camping Bus, not more than eight feet wide nor more than twenty-seven (27) feet long, designed_to be used only • as a temporary dwelling for travel, g campin , recreational .an3 vacation use. 1,30n Club: Means an organization of .persons incorporated pursuant to law, which is the •ownet lessee or occupant of an establishment operated solely for a. recreational, social, patriotic, benevolent or athletic purpose, but not for pecuniary gain, and includes the establishment so operated. A club shall cater only to its members of guests accompanying them. A "member of a Club"' is a person who, whether as a charter member or admitted in agreement with the by-laws of the club, has become. a bona-fide member thereof, who maintains his membership by the payment of his annual dues in a bona-fide manner in :accordance with such by-laws, and.whose name and address are entered on the list, af` membership. 1.3d Court: A .p94rt is an,unoccupied open space, other than a yard, on the same lot with 4-buidi lng which is bounded on three' 'or more sides by the walls-of--- ri;. such build�ng,.or wall„erected in extension with building walls. An outer court extends to a street line or opens upon` front, side or rear yard. An inner curt is enclosed on all sides by the walls of a building or by lot lines-. 1 ata- Dwellings: A. building designed or used as the-living quarters for. one or more families R. l04b Dwelling. Unit: One or more rooms providing c©mple,te living facilities for one family, including equipment for cooki#g or,provisions for the same ,_and including room or"rooms for living, sleeping,o . eating, bathing and sanitary facilities, . -1- 1.5a Educational Institution: A day care center or school properly licensed by the State of Connecticut. 1.6a Family: Is any number of persons related by blood or marriage living in • the same dwelling, or not more than 6 persons unrelated by blood or marriage living together as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, club, fraternity or hotel.- 1.6b Farm: A tract of land containing 2 acres or more, used in part or wholly for agricultural purposes, which may include the raising and keeping of domestic and other animals. 1.6c Family Unit: A dwelling or part of a dwelling occupied or intended to be occupied by one family. 1.7a Garage-Private: A building or part thereof accessory to a main building and providing for the storage of automobiles in which no occupation or business for profit is carried on. 1.7b Garage-Public or Storage: A building or part thereof other than a ;private garage for. the storage of motor vehicles in which major motor vehicle repair activities may be carried on. 1.8a Homemaking: Any service use intended and designed only for the- use, main- tenance or .operation of the property and residents. 1.8b Home Occupations-Professional Offices: The office of a doetory .dentist, attorney, engineer, or other professional person residing on the premises, and any home occupation which is customarily or may properly be carried on for compensation entirely within a dwelling, and operations offering a personal or. repair service, by the occupant thereof, which: 1. Is clearly secondary to the use of the building for dwelling purpesea. 2. Does not change the residential character of the dwelling in any visible manner. 3. Does not create objectionable noise, odor, vibrations, or unsightly conditions noticeable off the premises. - • 4, Does not create interference with radio and television reception in the vicinity. 5. Does-not create a health or safety hazard. The treatment of patients in professional, offices is a home occupation pro- vided that no patient shall be hospitalized or housed overnight. Such commercial operations as tea-rooms and antique shops are not considered home occupations. 1.8c Hotel-Inn: A building designed and used primarily for occupancy of transients which provides or offers accommodations for a consideration for seven or more persons exclusive of employees living on the premises, and which may provide .rooms for public assembly and may include serving of food. 1.10a Junk Yard: The use of more than 100 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping, on abandonment of junk. 1.12a Lot: A plot of parcel of land, all parts of which are in the same owner- ship, occupied or capable of being occupied by one principal building and the accessory buildings or uses customarily incident. to it, including such open spaces as are required by these regulations. In the ease .of multiple dwellings, row houses, public, institutional or commercial buildings, a group of buildings under the same ownership may be considered as occupying the same lot. 1.12b Lot Area: The lot-area is the actual area in square feet enclosed by the boundaries of the lot. 1.12c Lot Lines; Front: All lines dividing the lot from the street or streets. . 1.12d Lot Lines, Sides: All lines extending from a street which divide separate lots abutting the street. -2- 1.12e Lot, Corner: A lot having two adjacent sides facing a street or streets so that the interior angle of the intersection is not more than 120 degrees. 1.12f Lot, Minimum Frontage (Width): The distance between the side lot lines a straight line at right angles to the mean direction of such side measured in g me g g lot lines, which line of measurement shall touch, but not be in front of the building line. 1.13a Mobile Home: A movable dwelling built on a chassis designed without a per- manent foundation, connected to utilities, meant for year-round living and exceeding twenty feet in length. 1.13b Motel, Motor Court, Tourist Court: A building or group of buildings that provide accommodations, but do not permit cooking, primarily for transient motorists. 1.13c Motor Fuel Station: A building and required accessories needed to provide fuel, lubrication, and minor repair for motor vehicles. May include activities requiring limited but not general repairer's license. 1.13d Multi Family Dwelling: Any building or group of buildings erected -or used under one ownership or corporate ownership and designed and intended to be occupied by 3 or more families living independently of each other. 1.14a Non-conforming Use: A use of land, building, or premises which is not a use permitted by the provisions of these regulations for the district in which such land, building, or premises is situated. 1.15a Open Space Land: Any lands used for agriculture, parks, natural areas, forests, camping, fishing, wetland preservation, wildlife habitat, reservoirs, hunting, golfing, boating, historic and scenic preservation and other purposes as set forth in state and federal laws and regulations. 1.16a Parking Area: An open space-used for parking motor vehicles exclusively, in which no gasoline or motor vehicle accessories are sold or no other business is conducted. . 1.16b Pickup Coach or Pickup Camper: A structure that mounts on a pickup or truck chassis and is equipped for use as a temporary dwelling while traveling. 1.16c Premises: That portion of a lot or structure or building actually in use for the specific purpose or use under consideration. 1.18a Rooming House: A residence in which the resident owner or tenant rents rooms for compensation to one or more persons but not in excess of six persons. 1.18b Restaurant: An eating place where food is prepared, served, and consumed at tables, within a building, and where consumption is not permitted out of doors. 1.19a Site Development Plans That part of a plan of development which clearly defines all buildings, parking areas, driveways and walkways, utilities, and proper water drainage. 1.19b Street: Shall mean, and include, streets, avenues, boulevards, roads, lanes, highways, places and any other thoroughfares which afford a principal means of access to abutting property, which are accepted by the Town or the State, and improved to a degree of traffic safety and which will handle storm water adequately. 1.19c Street, Line: The line separating a street right-of-way from adjoining prop- erty, not the paved or travelled roadway. 1.20 Tourist Home: A residence in which the resident owner or tenant rents rooms for compensation, primarily to one or more transients but not in excess of six persons. 1.25 Yard: A space- not occupied by a building, open to the sky on the same lot as the principal building. • -3- SECTION 2 DISTRICTS • 2.0 Districts 2.1 For the purpose of these regulations, the Town of South Windsor is hereby divided into zoning districts regulating the use of the land and buildings# the height and bulk of buildings, and the areas of lots, yatdd, courts and open spaces, as follows and as provided hereafter: DESIGNATION PRINCIPAL USE SECTION RR Rural Residential 4.1 AA-30 Limited Residential 4.2 A-401 A-302 A-20 Residential 4.3 RC , Restricted Commercial 4.4 GC General Commercial 4.5 RA Restricted Apartment 4.6 I Industrial 4.7 IP Industrial Park 4.8 RO Restricted Office 4.9 FP Flood Plain 4.10 292 Maps and Boundaries The boundaries of these districts are hereby detablished as shown on map entitled "'Zoning Map of the Town of South Windsor'15, dated April 28, 1969_ • and any revisions thereof, on file in the Office of the Town Clerk', which map with all explanatory matter therein is hereby declared to be a part of these regulations. 2.2.1 'Zoning Districts boundaries, unless otherwise indicated in figures on the zoning map, shall be construed as follows: a. Along property lines, center line of a street, highway, railroad, brook or stream. b. Where the property line does not designate -the boundary then such lines when set back from the street shall -be considered parallel thereto and at distances shown on the zoning map or, where distances are not shown, shall be 200 feet back for residential, rural, commercial and industrial zones. c. The water surface and land thereunder in any lake, pond, or stream shall be subject to the regulations of the applicable zone district in which they are located as far as the ownership thereof extends under other provisions of the law. d. Where the boundary line cannot be determined as aforesaid, then the Planning and Zoning Commission shall decide where the boundary line shall be. • SECTION 3 GENERAL REQUIREMENTS . • 3.0 General Requirements 3.1 Compliance with Provisions of the Regulations No building, structure, or premises shall be used or occupied, and no building or part thereof or other structure shall be erected, raised, moved, placed, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district, as shown on the official map, in which it is located. 3.1.1 No building, structure, or premises shall be erected, altered or used so as to produce greater heights, smaller yards or less unoccupied area, and no building shall be occupied by more families than prescribed for such building, structure or premises for the. district in which it is located. 3.1.2 No yard, court or open space, or part thereof, shall be included as a part of the yard; court or open space similarly required for any other building, structure or dwelling under these. regulations. 3.2 Reduction of Lot Area or Dimension No lot shall be diminished in area nor shall any yard, court or other open space be reduced except in conformity with the requirements of these regulations. 3.3- Lots .in More Than One District In the case of a lot lying in .more than one district, the provision of the ~less restrictive district may be applied for a distance of not over 25 feet into the more restrictive district, provided that such lot has frontage on a street in the less restrictive district. 3,4 Use of Land for Access and Parking The use of land for access to, or for parking in connection.with and adjacent to a use, -shall be considered to be accessory to and part of such use. 3.5 Building on Existing Lots Provided that safe 'and adequate disposal of sewage and a safe water supply can be provided without endangering the health and safety of adjoining residents, nothing in these regulations or in any pertinent amendments hereto, shall pre- vent the construction of a building or the establishment of a use permitted hereunder or under any pertinent amendment hereto on a lot containing less than the prescribed area, or less than the prescribed width or depth of front yard, if, immediately prior to the adoption hereof or of any pertinent amendment hereto, such building or use was permitted on said lot and said lot was then and has continued to be owned separately from any adjoining lot. Side yards, rear yards, and all other requirements of Section 5 must be maintained, but in the case of exceptional difficulties or unusual hardships resulting from any changes in any such requirements which affect such lot, the Zoning Board of Appeals may, pursuant to Section 10,4,lb hereof, grant a special exception to remove the hardship caused by such change. -5- 3.5.1 A group of adjacent lots of record under the same ownership at the time of adoption of these regulations may be re-divided, in accordance with the requirements of the Subdivision Regulations of the Town, into larger lots • having not less than 80% of the required lot area and 80% of the required lot width. All other yard requirements of Section 5 must be maintained. 3.6 Height Limitations The building height limit shall be applied separately for each wing or other distinct portion of the building, and may be increased for any building or distinct portion thereof by one foot for every two feet by which such building or such portion thereof lies inside the nearest limiting line of any required front, side or rear yard. Spires, cupolas, towers, chimneys, flagpoles, pent- houses, ventilators, tanks, and similar features which are an integral part of the main structure occupying in the aggregate not more than 10 percent of the building area and not used for human occupancy, may be erected to a reasonable and necessary height. 3.7 Projections Into Yards Nothing in these regulations shall prohibit the projection of not more than one foot into a required open space of pilasters, belt courses, sills, cornices, or similar architectural. features, nor the planting or landscaping of such open spaces. 3.8 Lots on Narrow Streets In the case of lots fronting on streets, with a right-of-way less than 50 feet wide, the front yard required by the applicable provisions of these • regulations shall be increased by one-half the difference between 501 and the actual width of the street. 3.9 Corner Visibility On a corner lot, no wall, fence, or other structure shall be erected, and no hedge, shrub, tree or other growth shall be maintained, between the building line and the street line, if the same creates, a traffic hazard by obstructing the view. On a corner lot in any residence district no fence, wall, hedge or other structure or planting more than 3 feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting .pavement lines and a straight line joining said pavement lines at points which are 50 feet distant from the point of intersection, measured along said pavement lines. 3,10 Non-Conforming Buildings and Uses 3.10.1 Any nonvoeonforming use of building lawfully existing at the time of the adoption of these regulations, or of any amendments thereto, may be continued, and any building so existing which was designed, arranged, intended for or devoted to a non-conforming use may be -reconstructed and structurally altered, and the non-conforming use therein changed subject to the following regulations. 3.10.2 Nothing in these regulations shall prevent the strengthening or restoring to a" safe condition of any portion of a building or structure dedlared • unsafe by a proper authority. -6- 3.10.3 'When the total cost of the work does not exceed the assessed valuation of the building or structure, such non-conforming building or structure may be: a. Altered or improved, but not enlarged or extended. b. Reconstructed, repaired, or rebuilt only to its previous floor area and cubicle content when damaged by f ire, collapse, explosion, or Act of God, subsequent to the date of these regulations, provided such reconstruction or rebuilding is commenced within 18 months of such damage. c. Repaired or reconstructed as made necessary by wear and tear., deterioration or depreciation. 3.10.4 Nothing herein contained shall require any change in plans, construction or designated use of a building or structure for which a building permit has been issued and the construction of which shall have been diligently prosecuted within 3 months of the date of such permit and ground story framework of which, including the second tier of beams, shall have been completed within 6 months of the date of the permit, and which entire building shall be completed according to such plans filed within 12 months from date of these regulations. 3.10.5 No non-conforming use may be changed except to a conforming use, or, with-the approval of the Zoning Board of Appeals, to another non- conforming use not more objectionable in character, provided that the area of such use shall not be extended or enlarged. 3.10.6 No part of a non-conforming use or building, if changed to conformance with these regulations subsequent to adoption, shall be changed back to • non-conformance. 3.10.7 A non-conforming use shall not be extended, but the extension of a lawful use to any portion of a non-conforming building or structure, which existed prior to the enactment of these regulations, shall not be deemed the extension of such non-conforming use. 3.10.8 No non-conforming use which has been discontinued for a period of six months shall be thereafter resumed. 3.10.9 A building containing a permitted use, but which does not conform to the requirements of these regulations regarding building height limit, floor area, width of lot, percentage of lot coverage and required yards and parking facilities, may not be enlarged or altered or rebuilt unless: a. Such enlargement provides for a permitted use containing no more family dwellings than now exist. b. Any additions are constructed within the applicable yard requirements. 3.10.10 Nothing in these regulations shall be interpreted as authorization for or approval of the continuance of the use of a structure or premises in violation of zoning regulations in effect at the time of the effective date of these regulations. 3.10.11 Whenever the boundaries of a district shall be changed so as to transfer an area from one district to another district of a different class- ification, the foregoing provisions shall also apply to any non- conforming use existing therein. -7- 3.11 Accessory Buildings 3.11.1 Except as provided for buildings accessory to a farming or agricultural • use, detached accessory buildings not more than 12 feet high and not used for human habitation may not be nearer to a rear lot line than the applicable side yard distance in that zone. Accessory buildings shall not occupy more than 20% of the required rear yard. 3.11.2 0n an interior lot with frontage on two streets, accessory buildings shall be located only in the fourth of the lot farthest removed from the street. 3.11.3 Excepting farm buildings, detached accessory buildings in residential zones more than 12 feet in height, and detached accessory buildings used for human habitation including permitted home occupations and offices, shall be located not nearer the street than 100 feet nor nearer to a side or rear lot line than the required side yard in the applicable zone. 3.11*4 No accessory building shall be erected prior to the erection of the main building on a lot, except that this shall not prohibit completion and occupancy of an accessory building before completion of the main building under construction on the same lot. 3.11.5 A building attached to a main building by any structural members except a fence or wall not over 6 feet above the ground shall be considered an integral part of the main building. 3.12 Alcoholic Liquors 3.12.1 No premises shall be used, and no building shall be designed, erected • or altered to be used, for the storage for the purpose of sale or exchange of spirituous and alcoholic liquirs, either at retail or wholesale, whether for consumption on the premises or otherwise, if any part of such building or premises is lovated: a. Within 500 feet of any part of a lot used, or reserved to be used for a college, church, school or other institution for children, hospital, library, or charitable institution, whether supported by public or private funds. b. In any residence or industrial zone. 3.12.2 Stores chiefly engaged in the sale of groceries which sell beer only under a grocery store permit shall not be regarded as package stores or selling alcoholic liquors for the purpose of these regulations. 3.12.3 The provisions of this section shall not be deemed to be retroactive except that any building or premises legally in use for the sale of alcoholic liquors in contravention of this section which is not used for such non-conforming use for a period of 60 days shall thereafter conform to these .regulations. 3.13 Garage and Filling Stations 3.13.1 A public storage or repair garage or motor fuel station shall be per- • mitted only if the 'Zoning Board of Appeals finds, after a public hearing, that such garage or motor fuel station: -8- • a. Will not be located within one half mile of another such garage. or public fuel station situated on the same side of the same street or on the same side of an intersecting street. b. Will not have a vehicular entrance or exit located within 500 feet measured along a public street from any entrance to: 1. Any school giving regular instructions at least five days a week eight months or more per year. 2. Any hospital maintaining at least fifteen beds for patients. 3. A church or theater with total legal capacity of at least 300 persons. 4. A public library or public playground or park. c. Will not increase or create a traffic or fire hazard, or depreciate the value of neighborhood property, or alter the neighborhood's essential character or be otherwise detrimental to the neighborhood. No premises on which such garage or filling station is located shall be used for residential purposes except by a caretaker or watchman who resides thereon; and no motor vehicle unregistered, or registered to the dealer, may be stored or parked nearer to the street than the building line, and all mechanical and repair operations shall be carried on within a .building. 3.14 Rear Dwellings Restricted • - 3.1"1 Except for accessory buildings, no building shall be erected or altered of used for residential purposes that does not have the required lot area and the required lot frontage on a street for each building. Permitted accessory buildings may be used for housing domestics and non-paying guests of the occupant of the principal building. 3.15 Commercial and Industrial Storage 3.15.1 Storage, display, dumping or disposal of any material outside of a building is prohibited if such storage, display, dumping or disposal is visible from any public way, street, or passage. Finished products for sale or rent are excluded. • -9- SECTION 4 USE REGULATIONS • 4.1 RURAL RESIDENTIAL ZONES - PERMITTED USES 4.1.1 Dwellings for one family, except as provided in Section 4.1.8. 4.1.2 Home Occupations - Professional Offices - as defined in-1.8.b above. Articles not made on the premises shall not be sold on the premises. Not more than one person not resident on the premises may be employed on the premises. 4.10 Agriculture, forestry, truck or nursery gardening, including greenhouses incidental thereto, but not including commercial kennels, veterinary kennels or animal boarding homes, livery or boarding stables or veterinary hospitals. Expressly prohibited is the keeping of swine and animals raised for pelts, except for domestic use. 4.1.4 Accessory uses and buildings customary with and' incidental to a permitted use, including buildings used for permitted home occupations. No accessory building shall be used for residence purposes except by persons employed on the premises or non-paying guests of the occupant of the.premises, .and when so used shall be used for no other purpose except the storage of non-commercial motor vehicles. a. Buildings used for the storing, processing and manufacture of agri- cultural products are permitted as an accessory use on the farm. b. Roadside stands on a farm of temporary and removable nature for the • sale and display of crops grown on the premises, provided that such stand is removed after not more than 110 days of use in each calendar year, provided not more than two signs aggregating not more than 12 sq. ft. in area advertising such produce are permitted not less than 1.0 feet from a street line and not less than 50 feet from any street intersection. c. The slaughtering of livestock and poultry raised on a farm, and as an accessory use to such farm is permitted, but the slaughtering of other livestock and poultry is prohibited. d. Buildings used for the storage on a farm of any number. of motor vehicles and equipment, when such vehicles and equipment are used in connection with the operation of such farm, are permitted as an accessory use. The repair of such vehicles only is permitted within a building on the farm upon which such vehicles are so used. e. Accessory buildings housing animals and poultry, or buildings used in conjunction with 4.1.4c and 4.1.4d are permitted not less than one . hundred feet from a street or lot line, and not less than one hundred fifty feet from the nearest existing residential building on land under separate ownership. • -lp- f. Accessory buildings may include private garages with space for not more than three non-commercial motor vehicles on one lot and for one add- itional such vehicle for each 10,000 sq. ft, by which the area of the lot exceeds one acre. Not more than one such space.may be occupied by a commercial motor vehicle provided such vehicle be of not more than three tons capacity. Space for not more than one-third of the per- mitted number of vehicles may be let to persons other than residents of the premises for the storage of non-commercial motor vehicles only. 4.1.5 Signs bearing the- name and occupation of the resident of the premises and directional signs, not larger than two sq, ft, in area, and signs adver- tising the sale, rental, construction and repair of the premises on which they are locateds not larger than four sq. ft. in area. Signs pertaining to a permitted non-residential use may not exceed 12 sq. ft. in area. Not more=than one each of the above signs shall be permitted on any single premises. Lamp bulbs, and tubes illuminating the sign and in outdoor lighting shall be hooded-to control objectionable and hazardous glare off the premises, and no such lighting or sign shall oscillate; flash, pulsate nor project a beam of light other than at a sign. 4,1.6 Parking and storage of trailers and camping vehicles subject to Section 7 of these regulations. 4.1.7 Required lot area, yards, coverage, height, frontage - refer to Section 5 of .these regulations. 4,1.8 Special Uses • The following uses may be permitted, as special exceptions after public hearing, by the Planning and Zoning Commission, subject to the specific provi.sions�noted hereafter and such additional conditions, including " provisions for adequate water and sewerage facilities. as said Commission shall require. a. Conversion of an existing dwelling into. a two-family dwelling provided: 1. The building shall have been constructed prior to 1940. 2. The lot has an area of not less than 30,000 sq, ft., and sufficient area to provide for sub-surface disposal of additional sewage. 3. The external appearance and general character- of the building as a single family dwelling shall be preserved. 4. Family dwelling units shall conform with the minimumrequirements listed in 6.3a. b. Philanthropic, educational, recreational, religious and eleemosynary use by a duly incorporated non-profit body or government unit, including cemeteries provided that no- activity shall be conducted which is hazardous or dangerous to persons or property outside of the lot on which the activity is conducted. c4 Educational institution operated for profit, and bona-fide clubs not i operated for profits, provided that no activity is carried on which results in objectionable noise audible off the premises and provided: -11- 1. The external appearance and general. character oP the building as a single family dwelling shall be preserved. • 2. No activity is conducted which is hazardous or dangerous to persons or property outside of the lot on which the activity is conducted, d. A telephone exchange, transformer sub-station,. bus or railroad waiting room or passenger station, or other utility installations provided: le There is no service yard or outside storage of, supplies. 2. Buildings and/or grounds conform to the general character of the. neighborhood. e. On land located at the corner of two streets, when one side line abuts. a side line in a business or industrial zone with not less than 500 feet of street frontage, and the other side lirie abuts a side line in a residential or rural zone with not less than 500 feet of street frontage, the Commission may permit, as a ppecial exception after public hearing, limited business or commercial use of such land, provided: 1. Such use will not be detrimental to the amenities or values of adjoining residential properties. 2. The building is of a styler character, and size compatible with the dwellings in the neighborhood. - • 3. Vehicular driveways do not connect to the residential street. 4. A landscaped buffer strip shall be provided along the side line abutting the land used for residential purposes. 5. Uses shall be limited to professional, commercial, and business offices, not including retail sales br storage-of-goods and/er merchandise on the premises. f. Hospitals, sanitariums, and convalescent homes, except for contagious, mental, alcoholic, and drug cases, provided that the Aot area is not less than 1/10 acre for each-person accommodated# including patients and employees, and that such uses are served by public sewer and water facilities. g. A hoarding or rooming house, or tourist nome, for not more than six boarders or roomers, but not including tourist.cabins or trailer camps, or mobile home parks, provided that such uses are-served by public sewer and water facilities. h. Uses providing essential community services, as special exceptions after public hearing, by the Planning and Zoning-Commission,; when specifically approved by the Commission, with due consideratiori'to preservation of the character of the neighborhood, proposed„'site" • planning and landscaping, traffic safety, and to other standards established in these regulations, limited to: -12 1. Fire and police station or other similar municipal building; public utility building or utility transformer station. • 2 Park, playground, or recreational area operated by the Town of South Windsor. 3. Forest or wildlife reservation, park or playground not operated for profit. i. In undeveloped areas of the rural zone districts, the Commission may permit, as special exception after public hearing, limited commercial and/or small industrial operations conducted only by the occupant of the property where such uses: 1. Will not be detrimental to adjoining property. 2. Will not substantially change the character of the neighborhood. 3. Will not increase congestion in the streets or create traffic hazards. J. Accessory uses as limited in 4.1.4 above. . k. Signs as limited in 4.1.5 above. 4.2 RESIDENCE AA ZONES - PERMITTED USES 4.2.1 One family dwellings. • 4.2.2 Places of worship, public and parochial schools. 4.2.3• Uses providing essential community services, as a special exception by the Planning and 'Zoning Commission, when, specif ically approved by the Commission after a public hearing, with due consideration to preservation of the character of the neighborhood, proposed site planning and landscapingp traffic safety, and to ether standards established in these regulations# limited to: a. Fire and police station or other similar municipal building; public utility building or utility transformer station. b. Park, playground, or recreational area operated by the Town of South Windsor. c. Forest or wildlife reservation, park or playground not operated for profit. 4.2.4 Accessory uses incidental to a permitted use on the same premises, as limited by 4.1.4 to and including 4.1.4f above. 4.2.5 Signs as limited in 4.1.5 above. 4.2.6 Parking and storage of trailers and camping vehicles subject to Section 7 of'these regulations. • _13_ 4.3 RESIDENCE A ZONES PERMITTED USES 4.3.1 All uses permitted in Residence AA zones - 4.2 above. 4.3.2 Home occupations and professional offices as provided in 4.1.2 above. • 4.3.3 A boarding or rooming house for not more than three boarders or roomers, but not including tourist cabins or trailer camps. 4.3.4 Conversion of an existing dwelling into a two-family dwelling under the provisions of 4.1.8a above. 4.3.5 Accessory uses as limited in 4.1.4 above. 4.3.6 Signs as limited in 4.1.5 above. 4.3.7 Parking and storage of trailers and camping vehicles subject to Section 7 of these regulations. 4.4 RESTRICTED COMMERCIAL ZONES - RC - PERMITTED USES 4.4.1 Commercial and professional offices, financial institutions and agencies. 4.4.2 Retail stores, including sale of alcoholic liquors only as a part of a drug store or grocery store; repairing and fabricating incidental to a retail store are permitted as an accessory use, and package liquor stores. 4.4.3 Personal service shop. 4.4.4 Motor fuel stations including titre and battery service, as limited-in • 3.13.1 above. 4.4.5 Public parking areas, bus and taxi stand. 4.4.6 Restaurant, or tea room, exclusive of entertainment. 4.4.7 Hotel, exclusive of entertainment; motels, mortuary. 4.4.8 Accessory uses incidental to a permitted use on the-same premises. 4.4.9 Only one sign advertising business conducted or a product sold on the pre- mises is permitted. When affixed.flat to the building or not extending beyond the building or any integral part thereof, such a sign may contain not more than three sq. ft, for each linear foot of.building frontage. Such a sign not so affixed to the building shall not exceed 12 feet in area as measured by length multiplied by the width of such signs. A single sign advertising the sale, rental, construction and repair of the premises on which it is located shall be permitted not larger than 4 sq* ft, in area. Lamp bulbs, and tubes illuminating the sign and in outdoor lighting shall be hooded to control objectionable and hazardous glare off the premises, and no such lighting or sign shall oscillate, flash, pulsate nor project a beam of light other than at a sign. A temporary sign per- taining to the construction of a new building is permitted under the following restrictions: a. . Said sign shall not be erected until a building permit has been obtained. • b. Said sign shall not exceed 32 sq, ft, in area. -14- c. Said sign shall be placed not less than 15 feet from the street line and in no case will said sign be allowed to constitute a safety hazard to public. • d. Said sign shall be removed when construction on said building or buildings has been completed. 4.4.10 Any other use, building, or service as determined by the Commission to be similar to the uses permitted in 4.4.1 to 4.4.9 inclusive, as to the type of goods sold or manufactured, or services rendered, in the number of persons or cars to be attracted to the premises or in effect on adjacent areas. 4.5 GENERAL COMMERCIAL - GC ZONE 4.5.1 General - the following regulations shall apply to the use of land, buildings and other structures in any General Commercial zone. 4.5.2 Permitted Uses - the uses permitted may be any and all of these listed below. 4.5.2.1 All uses in, and as limited by, the Restricted Commercial zone. 4.5.2.2 Theater, moving picture houses, assembly hall, bowling alleys, billiard and pool rooms, and similar amusement enterprises, but expressly excluding shooting galleries, freak shows, and any type of mechanical ride, and similar enterprises. • 4.5.2.3 New and used salesrooms for passenger vehicles, and farming equipment, repair and public garages, as limited in 3.13.1 above. 4.5.2_.4 Retail and wholesale sales and storage. 4.5.2.5 Freezer lockers and incidental processing of food for human consumption. 4.5.2.6 Hotels and restaurants, taverns, grills and cafes, including entertainment and sale of alcoholic liquors for consumption on the premises as limited in 3.12.1. 4.5.2.7 Package stores for the sale of alcoholic liquors for consumption off the premises as limited in 3.12 above. 4.5.2.8 Laundry, cleaning and dyeing establishments, 4.5.2.9 Printing, publishing, and graphic arts processes, sign shop painting. 4.5.2.10 Radio and television studios and transmitters. 4.5.2.11 Building materials sales and storage, but excluding the storage or fabricating of structural steel and heavy concrete products. 4.5.2.12 Any other use, building, or service as determined by the Commission • to be similar to the uses permitted in 4.5.2.1 to 4.5.2.11 inclusive, as to the type of goods sold or manufactured, or services rendered, in the number of persons or cars to be attracted to the premises, or in effect on adjacent areas. -15- r . 4.5.3 Procedure - before a lot or parcel of land in a GC zone may be used or a building erected, the owner or his agent shall submit to the Town Planning and Zoning Commission a site development plan in accordance with Section 4.11 of these regulations. 4.5.4 General Requirements 4.5.4.1 Buffer Areas - except for driveways giving access to public streets, all buildings, driveways and parking areas shall, in addition to the required yards, provide for a landscaped buffer area along- any property line abutting any residential or- rural zone. This landscaped buffer area shall be not less than 25 feet in width and planted with evergreens in no fewer than two rows no further than 15 feet apart, with trees planted no more than 15 feet apart along each row staggered to provide- maximum screening, and using trees not less than five feet in height at time of planting, suitable existing tree cover may be substituted. The Commission may require additional buffer width or area or more mature planting if unusual conditions demand more extensive screening or noise abatement, to prevent the depreciation of adjoining residential or rural uses. The approved planting plan must be effectuated before a Certificate of Occupancy is issued. If construction is completed during a non-planting season a Bond or Certified Check for an amount covering planting costs shall be given to the Town Engineer to assure planting. 4.5.4.2 Parking and Loading - Off Street. These requirements are contained in Section 8 of these regulations. 4.5.4.3 Areas Yard and Height Requirements. These requirements are • contained in Section 5 of these regulations.. 4.5.4.4 Signs shall conform to Section 4.4.9 of these regulations, 4.6 RESTRICTED APARTMENT - RA ZONE 4.6.1 General - Restricted Apartment - RA Zone - shall be designated by the Planning and Zoning Commission only in accordance with due consideration to the following criteria: conservation of property values; the impact of traffic in the immediate neighborhood;the general -character of the neighborhood; the general welfare of the Town; and in consistency with the objectives and principles of the Comprehensive Plan of Development. 4.6.2 Permitted Uses 4.6.2.1 The principal permitted use is multi-family residence. 406.2,2 The only other uses to be permitted are parking recreation, and homemaking or service uses intended and designed only for the use, maintenance or operation of the property and residents. 4.6.3 Procedure - before a lot or parcel of land in an RA Zone may be used or a .building erected, the owner or his agent shall submit to the Town Planning and Zoning Commission a site development plan in accordance with.Section 4.3.1 of these regulations. 4.6.4 General, Requirements • -16- 4,6.4.1 Area Requirements a. A minimum size of 5 acres is required. b. At least 5,500 square feet of land area shall be provided for each dwelling unit, and not over 8 dwelling units shall be located on one acre of land. 4,6.4.2 Yard and Frontage Requirements a. Yards and Courts - minimum front yard, 50 feet in depth; minimum side yard, 25 feet in depth; minimum rear yard, 50 feet in depth. Courts shall be completely open on one side and with a width of not less than twice the height of the tallest opposite structure and depth not more than one and one-half the width. Spaces between structures - the distance between any two structures shall be more than the average height of both. Building coverage - structures may not occupy more than 30 per cent of the total land area. b. Frontage - at least 200 feet of frontage on an arterial or collector road. Such roads are defined in the Plan of Development. 4.6.4.3 Building Height - buildings shall not exceed two stories or 30 feet in height. Basements are not required but when provided • shall not be used for living areas, excepting that service facilities are permitted. 4 6.4*4 Building and Dwelling Sizes a. Buildings shall not contain in excess of 12 dwelling units. b. Each dwelling unit shall contain at least 800 sq, ft. of living space and at least 2 rooms exclusive of bathroom. For each additional room 125 sq. ft. of living area shall be provided. In no case shall more than 3 bedrooms be provided and when 3 bedrooms are provided, this type of dwelling unit shall not comprise more than 10 per cent of the dwelling units proposed. 4.6.4.5 Parking and Access a. At least two parking spaces shall be provided for each dwelling unit. The parking areas shall be hard surfaced and located on the site not more than 200 feet from the dwelling units to be serviced. b. Access ways shall be constructed to the street specifications contained in the South Windsor Subdivision Regulations. The location and arrangement of access and parking shall be con- sistent with public safety and shall provide no undue hin- drance to the safety of existing or proposed ways. 4.6.4.6 Sidewalks shall be provided on the, site from parking areas to dwelling units and wherever else pedestrian traffic warrants. -17- - 4.6.4.7 Recreation - at least 600 sq, fte of developed recreation areas for each dwelling unit shall be provided. Such space can • be centrally located on the site to provide convenient access to its residents. 4.6.4.8 Buffer Ireas - in cases when the site abuts a residential zone, other than an RA zone, a buffer area shall be provided. Such buffer shall not be less than 25 feet in width and planted with evergreens in no fewer than two rows no further than 15 feet apart along each row, staggered to provide maximum screening, and using trees not less than 5 feet in height at time of planting. The Commission may require additional buffer width or area or more mature plantings if unusual conditions demand more- extensive screening. Such buffer areas are not required for the frontage on a road. The approved planting plan must be effectuated before a Certificate of Occupancy is issued. If construction is com- pleted during a non-planting season a Bond or Certified .Check for an amount covering planting costs shall be given to the Town Engineer to assure planting. 4.6.4.9 Public sewer and public water must be provided for apartment uses in this zone. 4.6.4.10 Signs shall conform to Section 4.1.5 of these. regulations. 4.7 INDUSTRIAL - I ZONE 4.7.1 General - the following regulations shall apply to the use of land, buildings, and other structures in any Industrial zone. • 4.7.2 Permitted Uses - the uses permitted may be any and all of these listed_ below, provided that the performance standards in 4.7.4.1 are met. 4.7.2.1 Residential use is permitted when a single dwelling or apartment is occupied by a person, together with his family, who is the owner or the manager, caretaker or Janitor residing on the same ,lot occupied by the premises or plant of a permitted commercial or industrial use. 4.7.2.2, The manufacturing, processing, packaging, or ;assembling of components or goods. 4.7.2.3 Truck and freight terminals and warehouses together with the right to service, maintain and repair motor vehicles incidental to the aforesaid use. 4.7.2.4 Plumbing, heating, electrical, industrial, hardware and general contracting establishments which may include salesrooms; storage and maintenance of heavy construction equipment. 4.7.2.5 Yards for storage of and sales of lumber and building materials. 4.7.2.E Any use customarily accessory to a permitted use. • -18- 4.792.7 The following uses are declared to possess such special char- acteristics that each must be considered as a special exception. • They are permitted in any Industrial zone, after a public hearing by the Commission, subject to the following requirements: a. All buildings are to be not less than 1,000 feet from the boundary of a residence or rural district. b. Requirements of Section 4.7.4.1 shall be complied with. Uses a. Manufacture and/or storage of alcohol, plastics and chemicals, excluding sulphuric, nitric and hydrochloric acid. b. Manufacture of bricks, cement products, tile and terra-cotta. c. Bulk storage of petroleum products. d. Bulk storage of cement. e. Storage of fertilizer. f. Public utility power plants. 4.7.2.8 Accessory uses normally incidental to the principal use, in- cluding garages, storage buildings, and power plants, employees recreational, commissary and clinical facilities are permitted uses. • 4.7.2.9 Prohibited Uses - all other uses are prohibited, including but not limited to the following: a. Dwellings, except as provided in 4.7.1 above. b. Garbage and refuse incineration or the dumping of refuse matter not originating on the premises, except for a public dump authorized by the Planning and Zoning Commission and under the jurisdiction of the Town of South Windsor. c. The distillation of bones, of fat or reduction of animal matter. d. Oil refining. e. Slaughterhouses, stockyards or feeding pens. f. Storage or treatment of ash or other similar materials casting dust. g. Saw mills for cutting rough lumber. 4.7.3 Procedure - before a lot of parcel of land in an I zone .may be used or a building erected, the owner or his agent shall submit to the Town • Planning and Zoning Commission a site development plan in accordance with Section 4.11 of these regulations. -19- 4.7.4 General Requirements 4.7.4.1 Performance Standards • a. No dust, dirt, fly ash or offensive smoke shall be emitted into the air. b. No offensive odors or noxious, toxic, corrosive fumes or gases shall be emitted into the air. c. No noise which is objectionable due to volume, intermittence, beat frequence or shrillness shall be transmitted outside the property where it originates. d. No offensive or harmful wastes shall be discharged into any stream or water course or onto any adjoining property. e. No activity shall be conducted which is hazardous or dangerous to persons or property outside of the lot on which the activity is conducted. 4.7.4.2 Buffer Areas - except for driveways giving access to public streets, all building, driveways, and parking areas shall, in addition to the required yards, provide for a landscaped buffer area along any property line abutting any residential or rural zone. This landscaped buffer area shall be not less than 25 feet in width and planted with evergreens in no fewer than two rows no further than 15 feet apart, with trees planted no more than 15 feet apart, along each row, staggered to provide maximum screening)- and using trees • not less than five feet in height at time of planting; suitable existing tree cover may be substituted. The Commission may require additional buffer width or area or more mature plantings if unusual conditions demand more extensive screening or noise abatement to prevent the depreciation of adjoining residential or rural area. The approved planting plan must be effectuated before a Certificate of Occupancy is issued. If construction is com- pleted during a non-planting season a Bond or Certified Check for an amount covering planting costs shall be given to the Town Engineer to assure planting. 4.7.4.3 Signs shall conform to Section 4.4.9 of these regulations. 4.8 INDUSTRIAL PARK - IP ZONE 4.8.1 General - Industrial Park - IP Zone - shall be designated by the Planning and Zoning Commission only in accordance with due consideration to the following criteria! conservation of property values; the impact of traffic in the immediate neighborhood; the; general character of the neighborhood; the general welfare of the Town; and in consistency with the objectives and principles of the Comprehensive Plan of Development. 4.8.2 Permitted Uses - the uses permitted may be any and all of these below, provided that' performance standards are met as provided in Section 4.8.4 below. -20- 4.8.2.1 Residential uses as limited by 4.7.21 above. • 4.8.2.2 Office buildings and financial institutions. 4.8..2.3 Research laboratories. 4.8.2.4 Warehouses, and the manufacture, processing, packaging, or assembly of components or goods. 4.8.2.5 Any other industry or business, except those prohibited in Section 4.7.2.9, which is not hazardous or offensive or detrimental to the neighborhood because of odors, fumes, dust, smoke, noise, vibration or other objectionable characteristics, when authorized by the Commission. In determining the appropriateness of the usP, the Commission shall consider, among other things, the size of the plant, the number of employees, the relationship of business use to the function of the development or process employed, and shall grant all permits subject to such conditions and safeguards as will carry out the expressed purpose of these regulations. 4.8.3 Procedure - before a lot or parcel of land in an IP zone may be used or a building erected, the owner or his agent shall submit to the Town Planning and Zoning Commission a site development plan in accordance with Section 4.11 of these regulations. 4.8.4 General Requirements • 4.8.4.1 Performance Standards a. No dust, dirt, fly ash or offensive smoke shall be emitted into the air. b. No offensive odors or noxious, toxic, corrosive fumes or gases shall be emitted into the air. c. No noise which is objectionable due to volume, intermittence, beat frequence or shrillness shall be transmitted outside the property where it originates. d. No offensive or harmful wastes shall be discharged into any stream or water course or onto any adjoining property. e. No activity shall be conducted which is hazardous or dangerous to persons or property outside of the lot on which the activity is conducted. 4.8.4.2 Storage of Material - storage, display, dumping or disposal of any material outside a building is prohibited if such storage, display, dumping or disposal is visible off the individually developed site. • -21- 4.8.4.3 Buffer Area - except for driveways giving access to public streets, • all buildings, driveways, and parking areas shall, in addition to the required yards, provide for a landscaped buffer area along any property lines abutting any residential or rural zone. This landscaped buffer area shall be not less than 25 feet in width and planted with evergreens in no fewer than two rows no further than 15 feet apart along each row, staggered to provide maximum screening, and using trees not less than five feet in height at time of planting. The Commission may require additional buffer width or area or more mature plantings if unusual conditions demand more extensive screening or noise abatement to prevent the depreciation of adjoining residential or rural uses. The side and rear yards shall be maintained as landscaped buffer strips from a point 30 feet behind the Town right-of-way line to the rear property corner. This buffer strip shall be maintained as lawn with a row of evergreens planted parallel to and five feet from the property line. The evergreens shall be placed no further than 20 feet apart and placed so that they stagger the evergreens on the abutting lot: These trees shall be no less than three feet tall at time of planting. The Developer may present an alternate planting and/or fencing plan to the' Town Planning and Zoning _Commission for approval. The approved planting plan must be. eff-ctuated before a Certificate of Occupancy is issued.. If construction is completed during a non-planting season, a Bond or Certified Check for an amount covering planting costs shall be -given to the Town Engineer to assure planting. • 4.8.4.4 Land included in an IP zone shall, comprise at least twenty-five (25) acres. 4.8.4.5 Parking and Loading - Off Street., These requirements are contained in Section 8 of these regulations. 4.8.4.6 Area, 'Yard and Height Requirements - these requirements are contained in Section 5 of these regulations. 4.8.4.7 Signs shall conform to Section 4.4.9 of these regulations. 4.9 RESTRICTED OFFICE - RO ZONE 4.9.1 General - Restricted Office RO Zone shall be designated by. the Planning and Zoning Commission only in accordance with -due consideration to the following criteria: conservation of property values; the impact of traffic in the immediate neighborhood; the general character of the neighborhood; the general welfare of the Town; and in consistency with the objectives and principles of the Comprehensive Plan of Development. 4.9.2 Permitted Uses - the uses permitted may be any and all of these listed below. 4.90291 The principal permitted use is office type uses. • -22- 4.9.2.2 Up to 10 per cent of each building, leased or rented area, or • other subdivision of floor area may be used for non-,office use provided it is directly accessory to the principal office use of such area or sub-area. a. Business, professional or financial offices. b. Corporate offices. c. Other office uses which. are similar in operation and function to the above when authorized by the Commission. 4.9.3 Procedure - before a lot or parcel of land in an RO zone may be used or a building erected, the owner or his agent shall submit to the Town Planning and 'Zoning Commission a site development plan in accordance with Section 4.11 of these regulations. 4.9.4 General Requirements. 4.9.4.1 Area Requirements - a minimum size of 5 acres of land is required. 4.9.4.2 Yard and Frontage Requirements a. Yards and Courts - minimum front yard, 50 feet in depth; minimum side yard, 25 feet in depth. Courts shall be completely open on one side and with a width of not less than twice the height of the tallest opposite structure and depth not more • than one and one-half the width. Spaces between structures- the distance between any two structures shall be more than the average height of both. Building coverage-structures may not occupy more than 30 per cent of the total land area. b. Frontage - at least 200 feet of frontage on an arterial or collector road. Such roads are defined in the Plan of Developmerit. 4.9.4.3 Building Height - buildings shall not. exceed two stories or 30 feet in height. - 4.9.4.4 Parking and Access a. Off-street parking shall be provided and at least one car space, for each 150 feet of gross office area shall be con- structed. b. Access ways shall be constructed-to the street specifications contained in the South Windsor Subdivision Regulations. The location and arrangement of access and parking shall be consistent with public safety and shall provide no undue hindrance to the safety of existing or proposed ways. 4.9.4.5 Buffer Areas - in cases when the site abuts a residential zone, a buffer area shall be provided. Such buffer area shall not be • less than 25 feet in width and planted with evergreens in no fewer -23- than two rows no further than 15 feet apart along each row, staggered to provide maximum screening, and using trees not less than five • feet in height at time of planting. The Commission may require additional buffer width or area or more mature plantings if unusual conditions demand more extensive screening. Such buffer areas are not required for the frontage on a road. The approved planting plan must be effectuated before a Certif icate of Occupancy is issued. If construction is completed during a non-planting season, a Bond or Certified Check for an amount covering planting costs shall be given to the Town Engineer to assure planting. 4.9.4.6 Public sewer and public water must be provided. 4.9.4.7 Signs shall conform to Section 4.1.5 of these regulations. 4.10 FLOOD PLAIN - FP ZONE 4.10.1 General - for the purpose of securing safety from flood, prevention of property damage and loss and all other related dangers, and of pro- moting health and general welfare by regulation and restriction of areas in the flood plan of rivers, streams and water bodies which have or tend to have overflowed their banks, the following regulations shall apply to the use of land, buildings and other structures in any Flood Plain zone. 4.10.2 Permitted Uses 4.10.2.1 Farming and agricultural uses. • 4.10.2.2 Public or non-profit parks and recreation areas. 4.10,2 0 Wildlife sanctuaries or preserves when owned by non profit entities. 4.10.2.4 Special exceptions for the following uses may be granted subject to a public hearing and the following conditions: a. Uses 1. Bathing places. 2. Picnic areas. 3. Golf, tennis and country clubs. 4. Boat landing areas. 5. Horse stables and trails for recreational use. 6. Rifle ranges constructed and operated to meet all applicable local and "national standards. 7. Buildings and parking areas accessory to such uses but limited to daytime occupancy. • -24— b. Conditions . A petition for a special exception for uses listed above may be submitted to the Commission by the owner of the land involved or an authorized agent of the owner. This petition shall be accompanied by four (4) copies of a site development plan which shall show: 1. Topography of the land. 2. Proposed fill and grading. 3. The extent, location and type of proposed structures. 4. Water supply, drainage and sewerage disposal system. 5. Streets, access ways, passable at all times for emergency vehicles. After a public hearing, the Commission shall act on the application with particular consideration to the following: 1. No development plan or exception shall be approved which is inconsistent with the public welfare or safety or which does not fully safeguard occupants against the dangers of flooding. 2. Such plan shall not encroach upon the river bed so as to endanger other areas upstream, downstream or across the river or stream by reason of flood or pollution. ' 4.10.3 Signs shall conform to Section 4.1.5 of these regulations. 4.11 SITE DEVELOPMENT PIAN 4.11.1 A site development plan shall be submitted in four (4) copies and in accordance with the zoning and subdivision regulations of the Town of South Windsor which shall include the following information: a. Existing and proposed topography of the site. b. Location of drainage and other utility installations. c. Location and extent of proposed structures. d. Location and extent of parking, roads and access areas including railroad siding. e. Proper provisions for pedestrian traffic, including sidewalks where required. f. A general location map showing the surrounding property within 500 feet and including the structures, roads, water courses and other • physical features which relate to the proposed site development plan. -25- 4.11.2 No site development plan will be approved which is inconsistent with the • public welfare or which impairs the integrity of these regulations or which does not fully safeguard the appropriate use of the land in the immediate neighborhood. The Commission may require a public hearing on a site development plan if it feels that the public welfare will be better served by so doing. 4.11.3 No building or use permit may be issued in a GCS RA, I, IPA or RO zone except in accordance with the site development plan as approved or subsequently amended by the procedures outlined in this section. 4.11.4 ,Approved development plans shall be filed in the Office of the Town Clerk and such map shall contain the signature of the Chairman and the approval date. The Commission shall approve, modify or dis- approve such site development plan within 60 days of application. • -26- SECTION 5 • AREA, YARD, AND HEIGHT REQUIREMENTS 5.1 Except as provided for existing lots in 3.5 above, no building shall hereafter be erected, enlarged, altered, or re-built, or premises used except in conformity with these regulations, and as prescribed in the Schedule which is a part of this section and is labeled "Schedule of .Areas, Yards, and Height Requirements". 5.2 Schedule of Areas, Yards, and Height Requirements ZONE MIN. LOT MIN. IOT MIN.IDT MAXIM. HEIGHT MAX. % MINIMUM YARDS AREA WIDTH DEPTH STORIES FEET LOT COVER- FRONT SIDES REAR AGE MIN. AGGREGATE RR 40,Ooo 175 200 2t 30 10% 50 20-40 50 A-40 40,00O 150 200 2 30 10% 50 20-40 50 aA-30 30,000 150 150 2 30 15% 50 20-40 50 A-20 20;000 o0 150 2 30 15% 40 10-20 40 RC 30,000 150 150 3 45 25% 65 10-20 25 GC 15,000 100 150 2 40 30% 50 10-20 15 I 20,000 100 150 2 40 5C% 35 10-20 25 IP 200000 100 150 2 40 40% 50 10-20 25 RA 5 acres 200 200. 2 30 30% 50 25-50 50 RO 5 acres 200 200 2 30 30 50 25-50 50 FP 40,000 150 200 22 30 10% 50 20-40 50 • 5.2.1 No structure, or accessory building shall be erected, or altered, except in .accordance with these regulations, on .any lot nearer to the street than the building line, except that where a building line is now legally established at a greater distance - such greater dimension shall apply, nor shall anything in these regulations prohibit the erection or alteration of a dwelling which has the required minimum floor area, lot area, and lot frontage upon a street. 5.2.2 In the case of the subdivision, or re-subdivision, of a parcel of land containing a minimum of 10 lots, where the shape of the parcel, the topography or other natural features prevent the best subdivision in strict conformance to the lot sizes and areas required in Section 5.2, such requirements may be modified by the Town Planning and Zoning Com- mission in not over 10% of the lots in such subdivisions so long as the purpose and the intent of Section 5.2 is carried out for the subdivision as a whole. 5.2.3 Each lot in future subdivisions of land shall have the frontage required in the applicable zone upon a public street, or upon a proposed public street shown on a map which has been approved by the South Windsor _Town Planning and Zoning Commission in accordance with the Subdivision Regulations of the Town. • -27- SECTION 6 MINIMUM FLOOR AREAS • 6.1 No building shall be built or structurally altered hereafter for residential purposes unless it shall provide finished living quarters with a minimum floor area per family as follows. 6.2 Minimum Floor Area - Single Family Dwellings One and one-half Single,, Single Story Story Dwelling Split Colonial Zone Story No Basement Ground Floor Total Area Level First Floor Total RR 1200 1450 1000 1300 1200 760 1520 A-20 1350 1600 1100 1400 1350 800 1600 A-30 1400 1650 1200 1500 1400 850 1700 A-40 1400 1650 12Qo' 1500 1400 850 1700 AA-30 1600 1850 1400 1800 1600 950 1900 Each single family dwelling shall have a building (private garage) or part thereof as an accessory to the building for the storage of one or more auto- mobiles. 6.3 Dwellings For More Than One Family a. Two family dwellings as provided in Section 4.1.8a shall have living quarters with`a minimum floor area of 650 square feet per dwelling unit containing one bedroom. A unit containing more than one bedroom shall provide 125 . square feet for each additional bedroom. b. Each multi-family dwelling unit shall contain at least 800 square feet of living space and at least 2 rooms exclusive of bathroom. For each add- itional room, 125 square feet of living area shall be provided. In no case shall more than 3 bedrooms be provided, 'and when 3 bedrooms are provided, this type of dwelling unit shall not comprise more than 10% of the dwelling units proposed. 6.4 Living quarters may include customary rooms, halls, and closets but shall not include stairways and public halls, rooms for heating equipment, garages, open or closed outside vestibules or porches or verandas or breezeways. Basement space will not qualify for required living quarters. Floor areas for living quarters shall be computed from the inside of the finished walls. • -28- SECTION 7 • TRAILERS AND CAMPING VEHICLES 7.1 The parking or storing for more than twenty-four hours in any one week of any boat trailer, camping trailer, utility trailer, camping bus, pickup coach or pickup camper, or similar type. recreational. vehicle,except when parked or stored in a garage or otherwise completely-enclosed structure, shall not be permitted in :any residence zone, except under the following conditions: a. The parking or storage of such vehicles is permitted only on that part of the lot which is circumscribed by the front and side building lines and by a line across the rear of the lot not closer than ten feet back from the rear property line. b. Such parking and storage is permitted only to a person residing on the premises and is limited to vehicles owned or leased by him and used. solely by members of his household and not for business purposes. c. Not more than one of each type of vehicle is permitted. d. No such vehicle shall be occupied or used, and no utilities shall be connected to such vehicle while it is on the premises. e. No such vehicle. shall exceed an overall length of twenty-seven (27) feet. f. Expressly prohibited are mobile homes. • -29- SECTION 8 • OFF STREET PARKING AND LOADING 8.0 The following schedule of parking and loading requirements shall apply to all zone districts in the Town of South Windsor. 8.1 Parking facilities off the street or highway right-of-way shall be provided to serve all buildings erected, moved, altered or enlarged in excess of 25% of present floor area or dwelling units, and all premises otherwise developed after the adoption of these regulations. Such facilities shall be sufficient to accommodate the motor and other vehicles of all occupants, employees, customers, and other persons normally visiting any building or premises at any one time. 8.2 Required parking facilities may be provided on the same lot as the building they serve or on a lot within 600 feet from such building. Two or more parking facilities on adjoining lots, if designed for use as a single parking area, may use the same means of access. Except in the case of dwellings, roof top, or indoor parking, exclusive of access ramps, may be included in the required area, 8.3 A required parking space shall not be less than 10 feet by 20 feet in the case of a parking lot, and not less than 160 square feet in the case of garage parking. Each space shall be usable shape, and exclusive of driveways and access areas. No area shall be credited as a parking space which is in any part also credited or used as a loading space. 8.4 In all zone districts, the minimum number of parking spaces shall be pro- • vided in accordance with the following schedule: USE MINIMUM REQUIRED PARKING SPACES One and two family dwellings 1 for each dwelling unit Multi-family dwellings 2 per dwelling unit Home occupations, office 1 for each 160 sq. ft. or fraction thereof of in residence building floor area devoted to such use Industrial and manufacturing 1 for each two employees based on the numerically largest shift Housing for elderly 1 for each 2 living units Hotel, Mote., Tourist Home 1 for every guest room plus 1 for every 2 employees Boarding and Rooming House, 1 for each 2 guests or persons residing on Dormitory premises Hospital, Sanitarium, Con- 1 for each 3 beds plus 1 for every 2 employees valescent or Nursing Home Medical and Dental Offices 3 for each 1,000 square feet of area • -30- • Undertaking Establishments 1 space for each 250 square feet of gross floor area Theater, Places of Assembly 1 space for each 250 sq. ft. of gross floor Amusement, Recreation and area Education Business Offices, Financial 1 for each 150 square feet of gross office area Institutions Eating Establishments, Taverns 1 space for each 50 square feet of gross floor Cocktail Lounges area Retail Stores, Personal Floor area 0-10,000 sq. ft. - 10 for each 1,000 Service Shops sq. ft. Floor area 10,001-50,000 sq. ft. - 8 for each 1,000 sq, ft., no less than 100. Floor area over 50,000 sq. ft. - 6 for each 1,000 sq. ft., no less than 400. Upper floor and basement - 3 for each 1,000 sq. ft. Roadside Stands 3 minimum plus dwelling lot requirements Each Use Not Listed Above One space for each 250 sq. ft. of gross, floor area but the Planning and Zoning Commission may vary this requirement on application to it and for good cause shown. • 8.5 ' In the case of more than one use of a building or lot, required parking facilities shall be construed to be the sum of the rgqurements for all uses computed separately according to the above schedule except as provided in 8.5.1 hereafter. 8.5.1 Parking facilities for a predominantly evening use may be considered as part of the facilities 1for a daytime use where: a. Written agreement to such mutual use is recorded in the Office of the Town Clerk. b. The Planning and Zoning Commission after public hearing shall approve such mutual use and establish such safeguards as will carry out the purpose of this section. 8.5.2 Whenever after the date of these regulations, .there is a change in the number of employees or business visitors or in the lawful use of the premises or any other unit of measurement specified in any of the fore- going paragraphs of this section, and whenever such change creates a need for an increase or decrease of more than fifteen (15) percent of the number of off-street automobile parking spaces as determined by the requirements of'this section, more or less off-street parking facilities shall be provided within a reasonable time on the basis of the adjusted needs, as determined by this section. In case of unusual hardship arising.out of the. requirements of this paragraph, recourse may be • had to the Board of Appeals, in the manner provided by law. -31- 8.6 Off-Street Loading Requirements • On the same premises with every building devoted to retail trade, retail and wholesale food markets, warehouses, supply houses, wholesale or manufacturing trade, hotels, hospitals, laundry, dry cleaning establishments or other buildings where large amounts of goods are received or shipped, erected in any district after the date of the adoption of these regulations shall provide loading and unloading space as follows: a. Loading space shall be not less than 10 feet wide, 25 feet long, and 14 feet high. b. Every building or block of buildings containing more than 5,000 sq. ft. gross floor space - one loading space. c. Every building or block of buildings containing more than 20,000 sq, ft, gross floor area - one loading space for each 20,000 sq. ft. or fraction thereof. d. No such space shall be located closer than 50 feet to any other lot in any residence zone, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or opaque fence not less than six feet in height. 8.7 All off-street automobile parking facilities shall be designea with appropriate means of vehicular access to a street or alley as well as maneuvering areas. • The Planning and Zoning Commission shall determine the appropriate curb cut when the Plan of Development is submitted and detailed plans of driveway and curb cuts shall be submitted to the Town Manager or State Highway Department as appropriate, for approval for all curb cuts or driveway opening before a permit may be obtained therefore. 8.7.1 Parking spaces and loading facilities, and access roadways shall have adequate all-weather surfacing, treated to inhibit dust, with proper drainage, and shall be capable of allowing free and safe movement of all vehicles customarily using the facility. 8.7.2 Any parking area designed or intended for use by three or more vehicles, which is located and adjacent to any public sidewalk or the planned location of a public sidewalk, shall be separated from such sidewalk by a suitable barrier so placed as to prevent the encroachment or parking of automobiles on such public sidewalk or planned location thereof. 8.7.3 Lighting of parking areas and access driveways shall have the light source shaded from residential districts and public streets. • -32- SECTION 9 SAND AND GRAVEL . 9.0 The purpose of .this section is to preserve a cover-crop on the land to prevent erosion, and to control any excavation operations that may create a safety or health hazard to the public or the adjacent property owners, or be detrimental to the immediate neighborhood or the Town of South Windsor. 9.1 Unless otherwise provided in this section, there shall be no removal from the premises in any district of earth, sand, gravel, clay or quarry stone except surplus material resulting from a bona-fide construction, landscape or agri- cultural operation being executed on the premises, and provided that a permit for such work is obtained from the Building Inspector, and provided further that no permanent damage is done to the landscape. 9.2 In any district top soil or loam, earth, gravel, sand, .clay may be removed from the area to be covered by a building or other construction operation, and from any other area provided that not less than 4 inches of top soil or loam remains, and provided that the entire area disturbed is seeded with a suitable cover crop or is put to cultivation. 9.3 The Commission may, after public hearing, permit the removal of sand, gravel, clay or quarry stone, and ore, under the following conditions: a. The applicant shall submit a plan showing existing grades in the area from which the above material is to be removed together with finished grades at the conclusion of the operation. • b. The plan shall provide for proper drainage of the area of the operation after completion, and no bank shall exceed a. slope of one foot of vertical rise in two feet or horizontal distance. c. At the conclusion of the operation, or of any substantial portion thereof, the whole area where removal takes place shall be covered with not less than four inches of top soil and seeded with suitable cover crop. d. Except in an industrial district, no stone crusher or other machinery not required for actual removal of the material shall be used. e. Before a permit is granted under this section, the applicant shall post a bond with the Town Treasurer in an amount approved by the Town Planning and Zoning Commission after consultation with the Town Engineer as sufficient to guarantee conformity with the provisions of the permit issued hereunder. f. In passing on such applications, the Commission shall consider the effect of such removal on surrounding property and the future usefulness of the premises when the operation is completed. In the case of removal of quarry stone, and mining operations the Commission may modify the foregoing re- quirements where such operations will not endanger public health and safety or be detrimental to the neighboring properties. g. Such`permits shall be issued for a period not exceeding two years beyond the date of Commission approval except as permitted in Item h below. • h. Extensions of time, or modification of the scope of work originally approved may be granted by the Commission with or without a public hearing as determined by the Commission. Bond requirements under Item a above may be altered as required under this Section. -33- SECTION 10 ,ADMINISTRATION AND ENFORCEMNT 10.1 Enforcement and Penalties 10.1.1 It shall be. the duty of the Building Inspector to enforce the provisions of these regulations and to make such orders and decisions as may be necessary to carry out the intent thereof. 10.1.2 The Building Inspector shall institute any appropriate action or pro- ceeding to prevent the unlawful erection, construction, alteration, repair or conversion of any building or structure, or the unlawful use of land; to restrain, correct or abate such violations; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. Whenever such acts shall be in contradiction to the provisions of these regulations, penalties shall be as provided by General Statutes, 10.2 Application and Permits 10.2.1 It shall be unlawful to commence, for any purpose, the construction or alteration of any building or excavation for any building or structure, or to commence any use of land or buildings until the application and plans thereof shall have been approved by the Building Inspector and a written permit issued by him. 10.2.2 The Building Inspector shall require that the application for the building permit and the accompanying plot plan or land use shall contain all the information necessary to enable him to ascertain whether the proposed building and land use complies with the provisions • of these regulations. No building permit or land use permit shall be issued until the Building Inspector has certified that the proposed building or alteration or land use complies with all provisions of these regulations. 10.3 Certificate of Occupancy 10.3.1 No occupation or .use of land for purposes permitted shall be started, and no building hereafter erected or altered in any -zone shall be occupied or used in whole or in part, for any purposes until a certificate of occupancy shall have been issued by the Building In- spector stating that the premises or building complies with all the provisions of these regulations. A certificate of occupancy shall be applied for at the same time that the building permit or land use permit is applied for and if approved by the Building Inspector shall be issued within ten days after notification by the permittee that the premises are ready for occupancy. 10.3.2 The Building Department shall maintain a record of all certificates, and copies shall be furnished, upon request, to any person having a proprietary br tenancy interest in the building affected. • -34- _ 10*4 Zoning Board of Appeals 1004*1 The Zoning Board nf Appeals sha11 have the following powers and , duties a. To hear and decide appeals where -it is alleged that there is an error in any order, requirement or decision made by the Building Inspector or his assistants. b. To hear and decide all matters including special exceptions upon which it is regQeed to pass by the specific terms of the pro- visions hereunder and the amendments thereto. Subject to appropriate conditions and -safeguards, the Board may grant a special exception as provided herein when in its judgment the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be sub- stantially or permanently. injured. c. To determine and vary the application of the zoning laws and regulations in harmony with their general purpose and intent and with due consideration for conserving the public health, safety, convenience,. welfare and property value solely with respect to a parcel of land where owing to conditions especially affecting such parcel but not affecting generally the district in which it •is situated, a literal enforcement of such zoning laws and regulations would result in exceptional difficulty or unusual hardship. • d. To grant temporary and conditional permits for not more than two years for a non-permitted use when in its judgment the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured. 10.4.2 Procedure a. The Board of Appeals shall hold a-public hearing on all applications and appeals and.shall publish a notice of said hearing in a news- paper of general circulation within the Town at least seven (7) days prior to the hearing date. b. The Board shall elect a chairman from among its members and all meetings of such Board shall be held at the call of the chairman and at such other times as the Board determines. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. The Board„gball keep . minutes of its proceedings showing the vote of each member upon. each question. c. Whenever the Board grants any special exceptions or variance in the zoning regulations or reverses wholly or partly an order or decision appealed from, it shall state on its records the reason why such variance or exception was granted or such reversal made.. -35- d. Any exception, variance or reversal shall become effective at such time as is fixed by the Board provided a copy thereof shall be filed in the Office of the Town Clerk, and notice of such filing shall have been published in a newspaper having a sub- stantial circulation in. the Town of South Windsor before such effective date. e. Whenever the Zoning Board of Appeals grants a temporary and conditional permit. it shall state exactly what sections of the regulations it is acting, upon. The Zoning Board of Appeals can waive requirements only where such waiver has been specifically requested under the application relating to Section 10.4.1, .Item d. 10.5 Amendments 10.05.1 These regulations may from time to time be amended, changed, or repealed, in accordance with the provisions of Chapter 124, Revision of 1958, of the General Statutes of the State of Connecticut. 10.6 Validity 10.6.1 The invalidity of any section or provision of these regulations shall not invalidate any other section or provision thereof. 10.7 Repeal 10.7.1 All ordinances or regulations hereto passed, inconsistent herewith, • are hereby repealed. 10.8 Effective Date 10.8.1 The effective date of these regulations shall be April 28, 1969. • -36- PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM TO: Town Man Karl Michael Gantick, Mel Stead, Fred Sh w, Sgt. Gerald Lewis, Fire Marshal Lanning, Ray Favreau FROM: Marcia A. Banach, AICP, Director of Planning The Planning & Engineering Departments have received plans for the following project : C� Zone 2- / Acreage s 0--c Commercial Subdiv Site Plan _ Residential # of Lots/Units Industrial Location: � 6- Project Description: � Future Town-owned property involved? Yes � No (a) new streets (existing frontage also) (b) new open space/recreation area active passive (c) new sleten-tion-area Pi thninjgDeZpartment comments : Please let me know by r( if you will have comments on this application so th ' I can follow up with your department when I do a Planning Department report. Thank you. STRONG AUTOMOTIVE SPECIAL EXCEPTION AND SITE PLAN PLANNING DEPARTMENT Key Map 1. Key map must be drawn in conformance with Sec. 8.1.2.1 of the zoning regulations 2. Roads should be labelled to help locate the property Zoning Table 1. Impervious coverage should be given 2. Building size should be shown and parking calculations based on the square footage General Note: Previous special exception letter should be referenced and conditions of that special exception listed. t1 f • �tl 1.=��l-".'t ��,-��,1 1`;'t {/ �G���Cal�. - -- -- - __ _ ,f i / N t - -+` r— � —`---- ----� .emu------ . — f i • - � 1, • , PLANNING DEPARTMENT IN-HOUSE REFERRAL FORM TO: Town Manager, Karl Reichle, Michael Gantick, Mel Stead, red Sha Sgt. Gerald Lewis, Fire Marshal Lanning, Ray Favreau FROM: Marcia A. Banach, AICP, Director of Planning The Planning & Engineering Departments have received plans for the following project: L •5 q_ � v f j J Zone AZ- Jq i2 Acreage _4.� Commercial Subdiv Site Plan _ Residential # of Lots/Units Industrial Location: J V _ Project Description: Future Town-owned property involved? Yes No (a) new streets (existing frontage also) (b) new open space/recreation area active passive (c) new detention area Planning Department comments : Ll � AL, 11 Please lit me know by Jf7 �M t � if you will have comments on this application so that I can follow up with your department when I do a Planning Department report. Thank you. JJ --,t ^-_ W. � G�/�, G�a��r_n.v-�r--r,—e- Lam— �y�.-'''`�.c�.a Cam,-4�;::r;W��; c�y O �..4..r Gam•1 �—� '�-`3, �f��'D-�A-'.`__ !/ CASEY & GRACE j ATTORNEYS AT LAW 479 6UCKLANO ROAD SOUTH WINOSOR,CONNECTICUT 06074 (203)644-152e JOHN M.CASEY TELECORIER(203)644-1520 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 ZM. C sey . JMC/att cc: R. Strong M. Lipe R. Eriksson (Residence) 2 A 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, 1970, 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.. 2ae?4-b -I at�n a NING .AND ONING COMMISSION Joseph J. Carino Chairman JJC/bvz cc: Building Inspector McLaughlin 1� lication Nadeau 6 - Stella and Walter nd;, �cD - 4 .a `or, Cohan said this would not change what he has there now; he is tb� r81ready parking two cars in the same area mere the garage will be. 1he neighbors on each side have signed the petition Mr. Nadeau presented, and this would not be detrimental to. the neighborhood. -d. war. Clinton moved that we approve Appeal 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. N;r. Pierce seconded the motion. +hsa All in favor, none opposed. It was a unanimous vote and so ordered. EFFECTIVZ DATL: May 19, 1971 or .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. 1.1r. Boucher said dividing the land this way would still sake the lot larger than others in the area. while there may be no pressure to do this right now, he is trying to establish the property to 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 1. lines. jar. 'Pierce seconded the motion. Ill in favor, none opposed. It was a unanimous vote and so ordered. Application ic'48 - +Iilliam H. Strong bout fir. Cohan said that the Planning and Zoning Commission had granted a de, special exception which allows this use with several restrictions. However, the board's approval is necessary in order to get a repairer's e it license. He felt the nature of this operation is such that it could spth become a junkyard and possibly the Board should make some stipulation to prevent this. Kr. Boucher moved we approve Appeal #848 for a State nearing for a General Repairers s License for William H. Strong, 394 Graham Road. ltY 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 #2 of the Planning and Zoning Of Commission letter and outside storage of auto parts are not permitted. thO Mr. Clinton seconded the motion. Ill in favor, none opposed. It was a unanimous vote and so ordered. tbo DATE: ;flay 19, 1971 .de Y APPLICATION847 - J oseph R. Roy, 388 Abby Road, South Windsor, requests a specific exception under Section lot with less than the re wired franca a on 3.5 to allow a buildir Abby Road. R Rural zone q g premises known as 416 Mro ROY said he was requesting a specific exception to have With frontage rather than the 175 feet required in thist zone. In 1959 all these lots were 1001 x 20010 but later it was changed to an R-30 zone, which required 150 feet of frontage. purchased the land during this time, and subsequentlyitas ehe to a Rural Residence zone requiring 175 feet.with 175 feet frontage, he does not haveenoughIf this lot is le right of way of 50 feet to the land in back f futu todevelopment Provide a This exception would allow a right of way of 54 feet and a of wit !I:1( 160 feet frontage. wit"l. Q IN,r• R©Y said he did not intend to sell this land at re wanted to take care of this matter now to avoid present, but hE becomes necessary to sell the open land and the houseese sepms if arately. Roy said that as shown on the ma P aly. t area and frontage than the other lots in the lot' et property have me back is 12 acres of wooded land. It was not clear from t P rty however, Just how the property lines are he map, Town Clerk s office. presently recorded in the a APPLICATION #g_4g - William H. Strong 394 Graham Road, South Windso on premises known as approval of a General Repairer's Licec =� t 394 Graham goad. R Rural zone (State Hearing) r. Strong said he would like to have g approval of a General Re a License in order to use his property more effectively. He would ire do i o ng auto frame straightening, body work and alignment Id be ` said the abuttinggnment work. He ' he will use is 2Op property owners have noobjection. The building road and 150 feet from any .4 buildin,a on abutting land. This business will not create much ., traffic as it is a very slow turnover business. in town have expressed a need for this t The auto y now a r + to go out of town to have it done, type of work as they now hair .�; `�� ��r• Strong read a letter of October 30 19701 Zoning Cori , from the Planning ssion giving approval for a special exceptiono this - use and j with stipulations limiting the operation. approval, ha found that the After receiving this- was also necessary b� approval of the Zoning Board of ,�a �'Y before the S t PPeal*. ate would issue a repairer's liceno =r. Richard Harding, 20 Herman hay, said he was Opposed application because this area was one of the few in thattareaiwhie '., . is open for residential development and he felt it would be detrim to have a garage-type facility here whic:i would be degrading to the es future development of this area. rie also Junk cars and farm equipment on the Pointed out that therle it e ' readily visible now, it would becomePc�orerso was i ! . it were developed. MEMORANDUM TO: Marcia A. Banach, Director of Planning FROM: Jerry C. Iazzetta, Town Engineer DATE: September 8, 1995 RE: STRONG AUTO REPAIR SITE PLAN 95-28P We have reviewed the drawings dated August 8, 1995 for the proposed Strong Auto Repair Site Plan and have the following comments : Sheet 1 1 . The street line for Graham Road should be established along / frontage of this property. Monuments should be placed and coordinates shown. 2 . Property corners and angle points should be pinned. / 3 . The new driveway should be placed at 90mto Graham Road. 4. Note indicates "Relocate Exist. Quonset Hut" but does not indicate new location. Sheet 2 1 . Erosion & Sediment Control Notes a. Note indicates "During construction, expose as small an area as possible for as short a time as possible" . This is too vague - it should state a maximum square footage of area to expose. b. Note 5 addresses erosion measures around catch basins . There are no catch basins shown - only leak offs . C. A note should be added to indicate that detention basins shall be stabilized prior to discharging any stormwater into them. 2 . There is a proposed 15" CMP shown on the adjacent property. a. What is this for? b. CMP is not acceptable - use either RCP or ADSN-12 (or equal) C. Easement will be required from N/F C.C.A.A.H. for the installation of this pipe. Marcia A. Banach Re: Strong Auto Repair Page 2. 3 . The proposed 15" RCP detention basin outlet pipe is proposed to be connected to a catch basin on the south side of Graham Road. What is not shown is a ditch which brings stormwater ✓ from the Catholic Cemetery field to the catch basin. The proposed installation will interfere with this existing system. a. Drawing should show ditch. b. Detention outlet pipe should be redesigned to cross Graham Road, to a new catch basin on the north side then piped to the existing basin on the north side. ./4. The detention basin outlet structure should not be placed within the Town Right of Way. 5 . An existing sanitary manhole is shown with TF of 194r04 and Inv. of 187 . 94. Our as—built drawings indicate that the invert should be 184. 18 . This would change the invert of the proposed connection from the proposed building to 185 . 52 at the main. 6. Apparently the proposed sanitary lateral to the proposed building is a new connection to the existing sanitary main. / If this is so, then the existing lateral to the property should be shown. _ a. How can the existing house connect to the existing lateral in the future. The connection would apparently be thru the proposed detention basin and this is unacceptable. Please have applicant provide for this future connection and have this shown on the drawing. b. A manhole is required on the new 6" lateral to the proposed building. This manhole is to be placed within the Town Right of Way. C. Cleanouts are required for every 100 ' of lateral. d. The slope of the new 6" lateral is shown as 12%, however, the inverts shown conflict with this . Which is correct? 7 . A pipe with culvert ends is shown between the two detention basins . What are size, type, slope and inverts of this pipe? 8. Riprap should be placed on detention basin bottoms at bottom of the two leakoffs and at each flared end. 9 . Elevations on proposed driveway at the building indicate that there is a 20% slope. Please have applicant verify the accuracy of this data. Marcia A. Banach Re: Strong Auto Repair Page 3 . 10 . There are two locations where the contours and spot elevations apparently conflict. These are located at the north east corner of the building and the new pavement. 11 . A foundation drain is not shown - does this building have a basement? 12 . Disposition of roof drainage not indicated. 13 . Notes should state that no stump burial will be allowed on site. ,/14. A note should indicate that the existing building and fuel tanks will be removed from site. ,/15 . Applicant should provide a detail of how the oil separator and the sanitary sewage piping are interconnected. Sheet 3 1 . Details required for sanitary sewer trench, sanitary manhole, retaining wall and outlet structure. 2 . Detail labeled "Bit. Conc. Road Pavement" - what road is this for? We- have- attached a marked up copy of sheet 2 to help clarify the comments indicated above. We have enough concerns that need to be addressed that we cannot recommend approval of this site plan at this time. JCl/jsv 1XIMVIEWS95/smov-0 .SOWN Spq C a 70alin aide�� �•m � 1540 SULLIVAN AVENUE . SOUTH WINDSOR. CONN. 06074 SOR•CO� AREA CODE 203/644-2511 October 5, 1995 Mr. Ozzie Torres Torres Engineering, Inc . 137 Seymour Avenue West Hartford, CT 06119 RE: STRONG AUTO REPAIR 394 GRAHAM ROAD SOUTH WINDSOR, CT Dear Mr. Torres : The South Windsor Water Pollution Control Authority, at its regular meeting of September 5, 1995, gave approval for the connection to the Town's sewerage system of a commercial building at 394 Graham Road as more specifically shown on plans entitled "Strong Auto Repair Richard K. Strong, Owner 394 Graham Road South Windsor, Connecticut" as prepared by Torres Engineering, Inc. dated 8/8/95, and subject to the following conditions : 1 . Town Engineering technical approval. 2 . Final Authority approval and acceptance of the sanitary sewerage connection will be given once the sewer line has been installed and inspected by the Town staff, and based upon the written verification of the Town staff that said sanitary sewer line was installed in substantial conformance with the design plans previously approved by the Authority, and meeting all Town regulations and appropriate technical specifications relating to sanitary sewer construction. 3 . Planning and Zoning approval. 4 . The applicant will pay all appropriate commercial sewer connection/assessment charges . 5 . The applicant will obtain a General Permit from DEP for the installation and maintenance of the oil/water separator, and that a copy of said permit be provided to the Town. LETTER OF TRANSMITTAL PLANNING DEPARTMENT TOWN OF SOUTH WINDSOR 1540 SULLIVAN AVENUE SOUTH WINDSOR CT 06074 ( 203 ) 644-2511 DATE TO: / J ENV\ t WE ARE SENDING YOU: AL P & Z initial plans Drainage comps P & Z final plans Bond estimate requests Inland Wetlands plans Bond reduction requests Final plans for filing Change order form Other Correspondence . Copies A 1 .. No . Protect THESE ARE TRANSMITTED as checked below: For review and comment For your file For your use Return evisions As requested Other n PLEASE RETURN/COMMENT BY: J`� RECEIVED ,`� OCT 3 0 1995 COMMENTS : SnUTH RiINDSOCi j u.DEFT. � Copy to: From: y�C�.t� ,�- Wig Thy'ryubiu�- � /V46 MEMORANDUM TO: Marcia A. Banach, Director of Planning FROM: Jerry C. Iazzetta, Town Engineer DATE: November 28, 1995 RE: STRONG AUTO SITE PLAN - #95-42P We have reviewed the revised drawings dated 11-8-95 for the proposed Strong Auto Site Plan and have the following comment: 1 . Sight distances should be shown for the proposed driveway. JCl/JSV /vallezUC/REV/EWS95/strongauto /� � �Q�� � � �,� � �� ��� � .��� �o�.�M� �G, �m a Eo�p M E M O R A N D U M DATE: January 9, 1996 TO: Planning & Zoning Commission FROM: Marcia Banach, Director of Planning RE: Application # 95-42P, Strong Auto Repair The two big issues that need to be sorted out for this application are as follows: 1. Is the current operation in conformance with the original special exception approval? ■ If PZC thinks not, and the Commission approves the application, the approval should reference the new work uses approved. ■ Note that, since there is no current special exception provision in the zoning regulations for this use, any special exception modifications granted by the Commission need to be in conformance with the previously existing special exception criteria in the zoning regulations: "In undeveloped areas of the rural zone districts, the Commission may permit, as special exception after public hearing, limited commercial and/or small industrial operations conducted only by the occupant of the property where such uses: a. Will not be detrimental to adjoining property. b. Will not susbstantially change the character of the neighborhood. c. Will not increase congestion in the streets or create traffic hazards." 2. Does this application need new approval from the ZBA under Section 3.13, garages and filling stations? ■ ZBA Chairman signed off on license transfer in 1990; at that time it was stated that the use of the property would not change. SDy1N St C V ti 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 soR�or� 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 .C,,¢OMMISSION e4zlix �� Frank A. Castro, Vice Chairm4lf/ FAC/pmm cc: Town Engineer Chief Building Official STATE OF CONNECTICUT} } ss. SOUTH WINDSOR COUNTY OF HARTFORD } I, Dawn M. Samsel, hereby certify that I typed an accurate transcript of the November 28, 1995 South Windsor Planning & Zoning Commission Public Hearing Session re: Richard K. Strom dba Strong's Auto's Body application # 95-42P. that a true copy of said transcript is attached hereto, and it is accurate to the best of my knowledge, ability and belief and further certify that I have this date filed said transcript in the office of the Planning & Zoning Commission. 4 L ba can STATE OF CONNECTICUT} } ss. SOUTH WINDSOR COUNTY OF HARTFORD } Personally appeared =)u W ��M S C! , signer and sealer of the foregoing instrument and acknowledged the samp to be her free act and deed, before me. Notary Public My Commission Expires �- 3 ........ ....: ........... ............................................................................... ........... ..................... .......................... ....................................... ................ . ... ..... -.J D k J., i J..11-. ... ........ ... ....C ..... ..... ..... ................... i J..I... v,tv..' ii g-1 ........ .... 4 ............. 4-.......... .. ..... ... ......1. S. .......... ..... ...... U J.kJ LA ........ ....... . . . t=l .......... ..... .. kN .............. ..j A L.1 j ....... ... LA J..I.- ........ C Ci K": v% ..... .... .... .... ............... i . ............. .......... .... ....... D j ... ........ ......... ...... F.c f J .. ...... ... i A7, ... ...... I H: is ........ ... ......... .......... iA! .......... A t. ......... ... cl. Planning and Zoning Commissior-i Verbatim - November 28, 1995 .. .... /I be a much lower type building . Presently the sheds are tallp regular type barn type buildings, with high peaks . And they are also located on tha higher ground per Ee, a little further back . The proposed building will be tucked into the ground , into the hillside, basically . So that the grades Will tend to Soften the height of the building . Th.:.::..., building will only be 19 feet in height, with metal type eXteriOr all brown tones , or natural shades of colors� nothing bright of course. Uh, again tones which have b220 � and colors which have been accepted by the building review committeR; As we had said the existing driveway drains out to Graham Road , and presently it comes in on an angle . WE have provided a turn in the driveway so that it will be a muO better Entrance and Mit type Of driveway, Uh 90 d2greeS to the roadway in conformance with requests by the engineering department :. The Proposal is to have a parking Of Vehicles, again , in the rear of the building so that it will be screened from view frzwn in front of the building . There will be a small parking a7ea in front of the L-shape ( h2re) , which will be Rc-eenad by some evergreen screening On an island that off the corn2r of the building . We will also have some landscaping . if you look at sheet two 1 think YOU can S2m that a little better. WE will have SOM2 landscaping along the foundation of the hu±lding at the front of the shop area. And then WE are PrOPOSing to install very good , heavy Evergreen screen along the north side of the building it there will be a PaV2d area primarily to Maneuver Vehicles into the shop. No vehicles Will be parked there, it' s to ManEUVOr' them in . Um, that is the north side is where the doors will be to the building . Again , the rear portion of the building will be left just for parking the vehicles which will waiting to be repaired . We also Show SOM2 entrance landscaping along the curbs of the entrance up to the paved area. And we want to emphasiz.....,., that there Will be very little, if any, tree removed from the site during this construction so that the bordering tree buffers which arm there along both nnrth and the South border will remain and will still act as a very good buffer to abutting propertiesa The proposed site will be !it off the building with splash. down type of lighting . Typically a wall-pack type of unit with a Mr2en Over it so that the light will reach out to the paved areas, but not be spread out to the neighbors,, The building is far enough from all the Property lines, that these lights should not be a problem at all for any abUtMrSm leads uq aDUUqn U aAeq Aaqq ja4ju SUOT4sanil:-z WMOA Aamsus Alp,15 uen 1 uaqq pue wn leads puw noA ajojac:j awon pinons luaqq jo awos 11 q; aqTj p T Wn " UOTHSTWwon aseald pinom qT IT "Wn awT; jo qTq T a4Tnb awaq uaaq aAW..j sion.w8yau Aw jo juwaAas -auTu jo ua4 s , ;T AllenTseq jaseald pjno:::-.� am IT dnow5 aqq ssawppe 01 all! p1nom 5uowqS -jW juTqq ]: juoTqvquEsawd jnoA qeqq sl -qmnw AjaA noA queq..i,. suoj4sanh jnoA wamsue oq ajqUITUAe aq 11 , 1 qn puU -waqq aas oq qsTm noA !Y "sbUTPjTnq aq4 a sUoj4eAata cy p T -Aus o4 aAOq I W jeqM SWaAOn qnnw Aj4awd qwqq nuTqj - paquawajdwT waaq seq ueld sTqq Aaqlv ou pinoqs STUI juaA v anuo " uTew jawwns jEwwDE weln%A uo isjeaA AAU-jOl 50TAW uaaq 0 , noA qeqq alppnd 4e.,.44 j. , LAOM noA qeq4 Aes p1nom I puV -Aa4em ajj4Tj AjaA "0144M: AjaA aaS Oq BuyoB aj .,am awn4nj aqq al puoj aqq oluo aqj-.:�� aq4 110 BUIWO:3 ja4ym awos BuTaas aj ,am Alquasaid IT qeq4 " Wswq 4uq4 m4uT jDeq 4vq4 4nd pue 4eqq ynqun euuoB aj ,aM , AeMaATOp qeqq UMop SUTeAp SqaaqS qeqq jaqeM aq4 UaAa UaA.-D 4eqq jaqem aqq qnqwv pEnom qT qeqq us AeMaATAP awTqua aq-.1. ssojne uTewp qDuajq u qqTm " peoi aq4 oq qno 4a5 noA ajolaq qsn; uTseq qmqen u 5UTPIAOid aA , am "waqsAs jo adQ sTqq qjTM -aqenbape aq oq waqq punoi pue waW..i. pajDaqn B ,aq awns w , j pue 1waauT5uB umol aqq aq suoTqejnmje:::1 asaqq paqqTwqns aA ,aM -eaje u1seq B5jeqDaj aqq aq eawe Assewb e oq pa5ueqn aq jjTm yaAe qeq4 In uoTqjod jjuw.�i� u os pue uo us pue squeTd oqewoq "qn s5ul4ueld aWOS aAe!1 am ajaqm Alquasaid eawe ue sT 4eqj - AemaATwp aq; jo uoTijoci qqAOU aqq UO UTseq aq! oq pa4nanTp aq jjTm jaqum aqq 10 4TY4 UeW "Wo ino - uoTqdAosqu jTos aq4 jo AqTnedeD paeOX0 PlnOqS jaAa qT IT dn alqqnq w jaqum aqq A01 qT aAOqT UaWW Ue aAeal np am awaq qno ja4em Aue aas 4 , apjnoqq wjo4s Aue qsowle BuTwnp qn qeq� mcn4s EaRMeMnInD AM os QaAej AjjaAej5, P005 AWaA qeq4 4Tq pau ol padTd aq IIT,,%.--! waqem aqq ajaqm " punowboapun sjoqejjjT,uT qqTm aAaq waqsAs PaPTAOMA am OB - punow5 aqq ojuT Ineq vaqem aqq qa5 pue AA-.-.,. oq eaju qeaw5 v aq p1nom sum qT quqq punoy pue "seaju 1TO-H:--- aq4 jo qnua uo s4sa4Inoqu uej am - sqsaq A;TlTqeawja.-..::! PTP Bm -qT pa4saq am ajojawaq4 pue ITos.qns AjjaAej5,, AjaA AjaA e Seq qOj aqq jo uoTqjod qqoou aqq quqq puno:!- am - a5weqDaA Vol paqyns qsaq sum seaje asaqq 10 qnTqm ol AeMaATAP 5wT4sTxa aqq jo sapTs q4oq uo ITos aqq paqsa----.--- am - 5UTqSa4 ITOS aATSUaqXa aWOS allOP aAnq am "qn - UTse(::! a5neqnan a5jej e oquT ja4eM aq4 Ile paqlallOO aA , am sT auoj�:.-, aAeq am 4eqm - peoy Weqeja oquo 4no SaWOD UnTqm 1Wajqcjc! a5euruip aq4 sem puno; am qnTqm 'awaq ayrnsT uTew aM aLiq mcq--.i a 5 1 -01010-4 Q:Z jaqwaAON . wTqeqjan UojssTWWoq 5UTUM7 pue 5UTU""Q::1 Planning and Zoning Commission Verbatim - November 23, 1995 Page Okay, first 1 will go to the Town Planner and then ! ' U take comments from the audience . Okay.; marEia ,; Yeah, i ' d like to preface this one by saying that this one41; a little complicated . it' s probably gonna need some sorting out by the commission . And 1 have provided for you information and for the public hearing record , a package. which includes a copy of the old zoning regulation that was in effect when this application was first approved as a Speaial ... A copy of the original approval letter from the Planning and Zoning Commission . And a copy of the original Zoning Board of Appeals minutes um that was for the application for the dealers and repairers licencc.... for this facility. So you do have all of that information before you !. The original Special Exception was granted in October of 1970 with the following stipulations;! a The business be limited to the straightening of frames, front end alignment and body work including body refinishingi; to. No more than four cars should he parked on the premise-.i�'.. waiting to he worked on �� C . All work should toe done within the building -, d . This approval shall remain effective as long as the area remains undevel0p2Q .... Operation shall be conducted solely by the occupant of the PrOp2rty�� f . The driveway shall be the same driveway used for the house,. The Original Zoning Regulation that this special exception was grant2d under reads as follows�; in undeveloped areas Of the rural zone districts the Commission May permit as Special exception after public hearing , limited commercial and/or small industrial Operations conducted only by the occupant of the QrOp2PQ�j where such use is�� Planning and Zoning Commission Verbatim - November 28, 1995 ' Page 7 1 . Will not be detrimental to adjourning property . 2. Will not substantially change the character of the neighborhood . 3 . Will not increase congestion in the streets, or create traffic hazards. In January of 1990 , the chairman of the Zoning Board of Appeals signed off on a transfer of the license from the father William Strong , to his son , Richard . At that time ' i di ted that the use of the property would not � it was n ca change' Our regulations today , do not have any provisions for this type of special exception to be granted in any residentia� zone It has been brought to our attention that the appl �cation might not be meeting all of the conditions ofk the -riginal special exception approval . And we wou�� as ~ i t to address any differences the applicant at some po n d h the business between the original conditions an ow actually operates today for your benefit in making your decision . The zoning regulations allow for 15% building coverage and ` less than 2% is proposed . We also allow 15% impervious coverage and we have requested the applicant to provide the p i� ervious coverage information . We' ve also requested the ~ f +h bui]ding to be added to the zon�ng square footage o - e ` p blic water and sewer are table and the parking formu-a. u being proposed . Water Pollution and Control Authority approva` has been granted , subject to the applicant - ' val The building garage receiving this commission s appro . drains to be connected to the grease and oil separator and commercial and sewer assessment rates would apply . It should be noted that the owner will need to obtain a General Permit through the Department of Protection for a vehicle service floor drain discharge to a sanitary sewer . The Police Department has reviewed the site plan and has requested verification that there is adequate site line at the driveway entrance. There are no re§ulated wetlands on site, however , the applicant will be disturbing over one-half acre and this application is subject to conservation approval . That approval was granted by the Inland/Wetland ' s agency in . Planning and Zoning Commission Verbatim - November 28, 1995 Page 8 September of 1995 with the recommendation for a $2 500 bond no other unusual approval or conditions . ' ' The applicant also appeared before the Architecture and Design Review Committee. The committee was generally satisfied with t�e design layout and the proposed building ma�erials and colors for the new building . They did have two comments : 1 ) they suggested the applicant consider adding landscaping with color coming up the drive and 2) when a spray booth exhaust pipe is added to the b 'ilding that it not be on the building side which faces G~aham Road . Thetlandscaping proposed includes about ten yews at the top eway and a row of 22 hemlocks surrounding the northern sectio: of the driveway . We' ve requested that some other evergreen plantings be planted in this area so that there is more of a variety Landscaping is also proposed around the perimeter of th` � proposed dumpster. Which is shown to be placed in a = concrete, pad and screened per your regulations. T�e applicant is not proposing any new signage at this time _ He would be allowed two square feet under your current ^ zoning regulations . And if this application is approved the planning department has no additional modifications �o request. Engineering Department has requested that site ` distances be shown for the proposed driveway. Thank you. Thank you Marcia. Mr. Strong would you like to address any comments before I go to the public? Yeah, I just quickly would like to tell you a little bit who I am. My name is Richard Strong ' I bought the property rrom my father three and a half years ago. I um he started the business in 1970 there. Um, I ' ve been there since the beginning . I grew up as a garage rat, um I uh started working there when I was in high school part time That was 15 years ago . Continued full time after I gradua�ed from high school . Um, I put my my life to this point, `I ' m 34 years old , be soon 35, I put my life into this business Uh, the building is deteriorated . The property is ^ deteriorated to the Cm: that it' s not feasible to rebuild the existing building that we have to tear it down My proposal , whichspent a great deal of time an � money on �ere, I ' ve got input from all my neighbors, uh tha� I have Planning arid Zoning Commission Verbatim - November 28, 1995 P a g e 1-'") My name is Bob Brown . T live at 395 Graham, which is also directly across from the Property, And T ' ve been there Years and probably the first two Years 1 didn ' t even know what Went On there because of the way that the building sat back and the doors are behind and uh, it' s pretty mucl "--Ih2 same way now, only 1 think the buildings are gonna be much nicer to look at, And when 1 look out my Front door now and See hit, (old barn and what not. Bu t RicharTl ' s a good man ., and he wants to move his family over there, and 1 look forward to having him for a neighbor. An.--.::! uh., 1 See no Problems whatSOeV2r, Haven ' t had any yet. An-.-.::! 1 see none in the future. And 1 urge you to approve itt, Thank you Sir . 1 there anybody else that would like tf.�:.- speak in favor . Pm Gail sadonis . 1 live at 472 Graham Road , right MOST to R00aril Etxon(.J . And T am in favor of it. 1 t, 11 Make a big improvement Of the property, And uh, TV just all for it. A think it' d be really great uh, 1 bring my VeRCTe OVPr there and they do a great job and 1 have no complaint. T just 1 hope he gets it, and Vm all for it, Thank You,, Thank you ma' am. Ma' am would you . . . Ma' am would You please sign the Meet . Vm sorry. is there anybody else that would like to Speak in favor''.''' Carl Barrone. 1 live on Graham Road . Uve been in souti., Windsor for ovan 25 years. And FvR known Rich and his father for that long . And uh it' s ricE to go to a place that ' s friendly, honest and truthful . And i ' m all for M proposal . Thank You.: Thank you Sir. is there anybody else that would like to Speak in favor'*.."' 1 have one letter that T ' d like to read Lot let me uh . . , . . � it' s within that category, That' s why Okay, ! M accept it then ,: All righU 04 BNTE PIPOM ToW asla ApoqAue aoaqq s! - jTv noA Aueq..I.. -noA jueqj "4uawdnjsAap aArjn:,.. Aw ol ju4uawTwjap aq IlTm qT jaa; I pue "os aq o4 anuTjuc:::� 111m puu "auTj aqTs Aw wT alqTsTA Alleqoq sT sTqj � pAvAqvn.:l ano UT lssauTsnq abeneb papuudxa uu aq jjTm qT lea; op �1: pue ' papuedxa ue qqTm "quawdolaAap aWOq Oq BATOnPUOM aq 4UM 4uqm lea? 4 , UOP 1 "S"ol 5UTPITnq m4uapTsaw awDe 'auoz OZ.V e UT aw ,am -srArpril aLIq uT Aqjadoid umo Aw ju4uBwTj4ap Bq TTTM issauTonq sTqq oq uoTsuedxa ue se MIA I PUe 4UOTSUUdXa a qeY4 laal I "51enpTATPUT aq? qou 1uoyjvDTldde aqq oq uoTqTsuddo uT 5uTluads we I " Waumf.:) Aqjadond BuTqqnqe jTaw aqq we I - pe0y SAaAaN 909 - jOSPUTM WnOS " PUOY SjaAaN WOM W . 1 -uTw4e6 pTAea sT aweu Al.....! -aTs SaA - 4T paau q , uop am Mods Apeawle aq layods a:-.: "Poomaj Bqq aol qT paau am (4105 AAaA) - ! ;am se oaqqal aqq jo AMD aq PUV "ja4ja'l� aqq aqOjM IL aAWO WaLjq jo ann quqq saTdon jaqqo omq qo5 s ,al-I - UoTqeDTjddu sTqq jsuTv5e Aeads o4 ajTj p1nom qeqq anuaTpne aq; ul ApoqAue aoaqq wl: -KoA jaEeald 6qeqq jo AdoD u aAeq am ( 5uTAadFTqm) -noA Auuq_;.. ,noA nueqj - qnDT40auug.:�) IAMSPUTPI L4qYIQ; " PeOg weqejg T9t -nvajqey auTalapew �SKI "AlawanuTS -ssauTsnq sTq nol snsa5equeApV - pooqWoqq5Tai_! aq4 ol uuTqnvw4qT ue qou AluTeqjan qnq 1swawoqsn:::. STLI PIUVI WIL4 A01 jeapj - u=4 aq4 oq qasse 4naliad V - ue!:-.::! uolsuedxa STq jo aneme we 1 -woqqhTau aadns u uaaq su�..I aq WTI sTq 1TV - sjeaA V2 WTq umoul aAWq 1 " 8uoj4s oq amuaialai uT sAes qT puV -9661 "BI aaqwaAON Pa;uP s .W: tsmolloj su ua4qTnM ST jaq4al aqq UewjTeq3 "jlAj T T a 5 T z:::! 9661 "SZ jaqwaAON - wMvqja;,�--.i UOTSSTWWOO 5UTUCZ Pue 5UTUUUR::i Planning arid Zoning Commission Verbatim - November 2% 1995 Page 12 YeB Sir . My name is Paul Giansanti . Good evening ladies and gentleman . 1 also live on 493 Sraham Road . 1 Teal as this gentleman . 1 feel it would be a detriment to the neighborhood . it is a residential neighborhood . it' s not commercial . Nowy 1 think that if Mr . Strong wants commercial business he should he on Sullivan Avenue or another commercial area. And uh, 1 would like to say thisy everybody here is making this fellow a choirboy. 1 want to Make a i F"i 7: My daughter is taking his her car to him , just a couple years ago, for brakes . Which evidently he ' s not supposed to be doing . HR' s supposed to be doing frnwit-ery! aliqnments. And body work , only. From tha 197--:) permissior that friom Tc)wn * of South Windsor. He' ��i. been doing other work and and dissatisfactory work to othai­ People that 1 know , including a few cousin ' s of mine in I I i2 his work done, my daughter b rough the car hoate . Not crnly he gave her e bill for $457 for two front brakes, and um uh 1 think it was a tie-rod end or WhateV2r , and two UMS, that she didn ' t need . The tires were like new when she brouqht that car there. He gave h2F_ two brand new tires . At her cost. So, 1 1 definitely OPPOU2 Of any plans that he wants to do . Because T don ' t tbink lie' s worthy of them. To be honest with you . Tha&.. yom ladies and gentlemen for listening ., Thark you for your comments. (whispering ) is there anybody else that would like to speak against this application? Now Um going to ask for anybody that' s neutral Or general Comments, Yes joa�� My name is Carino. i ' m not going to speak in favor of or against this application . What T ' d like to do, is to address the commission with information that either thE public or you, may not be aware of . Now some of the information that 1 have, that 1 Was prepared to give you has already been sited by your planner. But, the meeting in 1970 i the a pproval was given to Mr. William Strong . That was this gentleman ' s father. The whole pUrPOS2 at that time Was for a Special eXC2ptiOn . Because we didn ' t have t2MPOrary and conditional permits. 1 can guarantee you that at that time had we had t2MPOrary and conditional permits :; have given Mr . Strong thaU Planning and Zoning Commission Verbatim - November 28, 1995 Page K]�� Mr. Strong i:--�'..�,.,..-,'.-,-.:.*..i---.........-:--.::I his business on Silver Lane in East Hartford . And 1: Was Chairman of the Planning and Commission at that time and he came to mn and he said he would like to take some of his equipment with him. Put it in hit, barii . As a part time job in his retirement, to do body work , frame straightening and the like. And those are tKe conditions. The Conditions that Marcia has written ,, okay. Were the conditions. Because we knew that the was a rasidential section . And we wanted to be very , very restrictive ir anything that we granted this gentleman . We didn ' t want this commercial creep that apparently is starting to go. This iS What We Were afraid Of . These six MSUUtiOnS that we put on there Were pretty tight �� 1\1 ;::-.! Okay , limited to straightening the automobile frames, front and aligrmeqt and body work ;! The gentleman here who opposed Said they did engine wcrk . Wasn ' t PwrMitt2d ,, !I says that no more than four Ears shall be parked on th- premises waiting to be worked on :: D &WI ' t know Whether there have Or have not been . Anymore . But those were on, of the provisions . We didn ' t want a Major COMMPrCial Operation at that time. All work should be done at the building . 1 Pr2SUM2 and 1 hope it all has been done in the buildingo: The approval shall be 21feCtiV2 as long as the area remains undeveloped ,. Should by a key . That Whole area Was rural , and as one of the objectiveR said he lives on , 1 guess he said ort. NEvers Road or . . 1 whore there has 52en substantia�!- residential dMe!OpMent . So one of the conditions that we imposed was that providing no deV21OPMOnt Misted . it ha�,�-.- existed now? so 1 think this commission should be taking of that into consideration . Okay:, 70e operation shall be conducted solely by the Occupant the premises.. Planning and Zoning Commission Verbatim - November 28, 1995 Page 01, Nows ladies and gentleman 1 have a letter , another l2ttrQ but 1 have a COPY of the minutes from the Water Pollutioi Control Authority, dated September 5, 1995, and 1 pulled part of the record . Okay. He described an Ozzie Torresi, from Torres Engineering represented the applicant Richard R. Strong for his project . He described the project for the authority , an& explained that on Mr. Strong ' s propevty there is a barn . To the rear Of the PFOp2rty Where he Works. Mrz: Strywig wx3uld like to expand . And do automotive repair,, He' s already been doing automotive repair.. There are two employees who currently work for him. Ladies and gentleman 1 go back to the letter and it says:, that the Special Exception allowed only the occupant of the Premises tm work there. BUt as Of September fifth this year, the applicant has admitted that he ' s got workers working for him there�; Another violation of the Special EXC2PUOn Of Uh that Was gr7anted . Okay�: Noy, in 11790 whe! 1 believe it' s Attorney Casey!: Came tC, the Zoning Board of Appeals and asked the Chairman to sign off on the State Permit , because nothing chang2d �; just sign off . Ladies and gentleman , 1 think that is a very poor policy . 1 do not beKOV2V that a Chairman of the ZBA�z on the strength of a letter , such as that was issued ii i 1990, nothing ' s changed , just sign off on a quarter of the application . Thi7gs did change. 1 believe that should have gone back to the Zoning Board of Appeals for full Consideration . 1 Mentioned before, and as one of the people who spoke against it, they do automobile 2nyinE repair work . And that' s not permittad , either. Okay . it was the intent Mi.: the permit, to let Mr. Strong 00 a one-man Operation in his retirement. Now Louise Evans, YOU know YOU Were On the Commission at that time, you know all the background . not gonna mention that . You can talk about that when you discuss the application . But you know what we said . YOU know what W2 did . YOU know what the purpose was behind that limited permit that we get Mr . William Strong . in conclusion , 1 believe that the present the present Special Exception has been violated in many ways . And I Planning and Zoning Commission Verbatim - November 28, 1995 Page 15 sited soma of the ways that it had . 1 believe the OpEratiOl is far beyond that whiEh was permitted by the original. Special Exception . That bEinc the Ease, 1 fail to see how the lull -fledged auto operation that they ' re proposing heros is really a modification of what we granted . Ladies and gentleman it' s a whole new ballgame. The man is coming and asking for a full -fledged auto repair business. Okay,, Let ' s not kAd oursall . it' s. not a modification of what we gave in 1970 . Okay ;, 1*.I--,.-- to you people, Met review the original. intent of the special exception given to Mr . William Strong ,, Consider the six stipulations in the letter of approval on October 30, 1970, two: if you determine that a special exception for a general repairer' s business to the extent anticipated and shown here tonight is appropriate, than l: recommend t1wat ycni first send the application to the Zoning Board of Appeals, okay, to see if they will approve a location permit, which is required by them state , for this operation that' s beer presented tonight. 1 think that' s a legal requirement . 1 don ' t believe that you could pass oi­. this without going to the ZDA, okay, for this application ., That ' s my opinion ., 1,%.! 1 1 h 2 r 1 ' m r i g h t o r w r o n g , 1 d o n ' t knqw. 2ut yDu think you ought to look at that to See 01' it' s required . And rust 2ust InAve the Chairman sign off ., But go to the full ZBA to determine if this is a Suitable'...! lite., to State r2qUir2MertS, Okay :: 1 also Strongly WCOMMend that YOU get a Written report from the D2pSrtM2nt Of Motor Vehicles. The gent!2Man Said he had problems . Okay. it is my understanding that there have been complaints in the Motor Vehicle D2partment . T thin!..--. YOU UK)uld have that data in front of you. You' re gonna approve an application you like to know what has happened there in the past , What is likely to happen in the future :: And 1 think this historical data is Of ValUE to YOU;: ThW*RfOre, 1 recommend that you do that before you make a final decision . Okay;; And then after YOU ' V2, the above you determined that a full SiZE alltO repair business is appropriate is for thi:_---.� location , -cough-, excuse me, 1 recommend that in your Special Exception , that what you do is say, or indicate thai.... the property on which this facility is gonna be builts cannot be resubdivided fo7 any other purpose . And if the applicant chooses to resubdivide, then a Special Exceptioi should he null and void , You knows this is a type Of Commercial creep, that we have.-.---. to careful of in the Town of Sout.h Windsor . Tt' s okay for this Quelay, nobody follows it. Nobody polices it;; Nothing ' s enforced . And before it keeps moving further and further and further over . Okay. You have protect from that .; ^ euT�ue AnoA uo 5uTloom eq p ' I esnezeq lTo wnoA e5ueqz q . uez l ^ ou Ass euu" 40u m ' I ^ lTo ATeW e5ueqz o4 em Ise Aeqq par "wen jTaq; uo quemu5TIe us buTop m ' I pue em oq semoz euoamos 11 ' esTjjedxe jo eewe Am qou s 'qe4q ^qD ' !Aow uoTssTmsuejq moul noA mn op qou op I - loom suoTssTme op qou op I ^qe= op 4ou op I ^oN ^sauTbue BuTop Pus meqq 5uTpITnqej pus qno seuQue 5urqeq se we, se �qO ^om4 aq! e4ewedes q ' uez noA j ' uez no� qn vou sT 4eq; "mO ^quepTzze us UT sIM jez e ueqm 10 eyTI in to qze; e snem ^qO ^ sjTede� IezTueqzem no auT%e BuTop eje Aeqq pus doqs Apoq Aue uT ob noA Aue euuW jou m ' I ^ pe5emep sqeb suT5ua eqq ^Aepoq wen e on jTedev Apoq op noA ueqm spiom nei4yo uI ^jaxoss02z emos axeq noA qn sT aweql Iliom Apoq op qsnF noA op jo sauT5ue jTede_� noA oO ^weATede, Iewaueb e 4T sI IsseuTsnq eqj sT ��qM ' Ae�O (jeaq q ' uez) semT! Iejexes pee_i se suoT4eIndTjs eqq ^moN ^ pewapTsuoz eq W sum uoTIezTldde sTq 10 Iexo,dde �T 1uoTssTmmo3 5uTuoZ pue 5uTuueI6 Will _W Kywo; !es suoTqeIndT4s eqq Aq pelIoiquoz eq ping� uoTqejedo sTq 4eqq uoTssTmmo3 eqq 04 4ueme4els aq! apem eH ` Planning and Zoning Commission Verbatim - November 28, 1995 Page 17 1 am set up to do oil changes. Fm not advertising pushing for oil changes like a quick lube. That' s not my intent. My intent is to please my customer by providing that- service. They' ve gone tc the quick lobe places , they ' ve had a bat enperienc&. They ' ve asked me to do it while T ' m doing something Rise on their car. T have a waste oil tank , which is stipulated by Motor Vwh2cles, no matter what typo of uh motor vehic!E operation you ' re doing . 1 have that. A have a dumpster that ' s specifically designed for oil filters . have a WaGQ oil contract. Um, so T ' ve taken care of thk.-..-, environmental issue. 1 Mean , it' s my property 7 don ' t to dump oil or do anything wrong , as far as that goes,, Your getting off the poinU Yeah, as 1 saim i ' m not talking about (can ' t understand ) Okay, but as far as the the mechanical repairs. Yeah, 1 Some associated mechanical rapairs., 1 did not add body work necessary. 1 to not mean that. Okay, then your (cut off ) Will do they go into anyway, for Other tyP2 Of repair, Other work? Without body work . in the alignment type business, which is stipulated (cut off ) Realiq!Pl2nt. Oil changes. Anything 1 may associate with m,-z local repair shop. Not including body work . Do you have customers like thaU 1 have wheel alignment . And it is stated in the in the acceptable US2 : Flow bout ply Ot4yr (can ' t hear ) . Engine. Will you do an will you work on it . Other than body work? Will you do Oil changes Without having SOM2On2 Come in for b0dy7 Wells if 1 did your oil change when you had an alignment done, and YOU needed just an oil change, you know, three months from now. 1 can ' t how am 1 gonna tell you no . I can , you just said well you just changed it. So i ' m gonn..-.-.-� i ' m gonna Planning arid Zoning Commission VErbatim - November 28, 190-..`- Page So 1 can assume that you are doing work on cars, which has nothing to tic with body repair at that time that you do the work on that car,. i ' d say th2rWs probably an instance where that happen :: There' s anoth2r point that, going back to more than four cars will W parked on the premises, waiting to be worked on . Noun, in your application you have 22 parking SPW2S ShOWn ,t Yes. That' s because 2ig jump from four to 227 That' s as Marcia can tell you, that' s what is uh, it goes square footage and that ' s what the Town asked us to shnw,� And that ' s why we showed thaV All right . Excepting where our Town 1too soft) plus the fact stipulation��]-, Do you !W2 no the premises''..''' Temporarily right �ow, 1 don ' t. UM doing SOM2 WWM-.--� working on the planning for the reducing LHE house righ,'.-. F1-CD!,.-"--:; fathOr is is WSiding in the house, and uh I plan on being in there by the Epring . Seems that uh four of the five Stipulations for the SiX Pardon me., 1 didn ' t . . i Four of the six stipulations aren ' t being mot right now�, Lim, one CDT the qU2StiOnS, this is just a little siqn . U i:,� y 0 u r a a 1 i z ( too soft) I you have this wheel alignment sign along with youz Strong Auto Body sign . That wheel alignment sign is not allowed It ' s a banner 1 put �p TVS a sign As every one other business in Town has, 1 didn ' t � no but T didn ' t understand that that another use . � Planning arid Zoning CommissiDi----! Verbatim -- November 2S, P a g e Thank you. Las u i se`�`-, UM, What is it that YOU would have to get from the State that you don ' t an in way of a license that you don ' t have now? Would YOU need a location permit for this building ;: 1 would need From the ZBA for examplm,. Yeah. Anytime YOU YOU move location of a building on th.: property, the uh, they come out an reinspect uh. They want to know when you move your oil , your oil storage tank . want to know where that' s located . Um, they want to kno�� the area your working in ;. Do they come out and inspect now? 1 mean on a regular bas0�i-.- at all? Have they ever been 1 . recommendations. 1 usually see an inspector Once a year . They do spot inspections, it' s not announced 1--(J i . --. Okay, and the General Mpairer ' s License which you have, We it yourself right now . As opposed to the one your father had ;. it' s still in my father' s name. Um, 1 wanted to get this cleared ap before, ' CaUK2 1 Want thEM tO EOM2 out and do do iL at once. A don ' t ;want to have this done . :: SON Were We grant this, you would need to go to the ZDA and get a new General Repairer ' s LMMS2 'MrMit Or Would YOU be asking for transfer in some other wayi: Pm not sure work . if it would be a transfer or it would he Okay. Okay. Thank you. That' s all ,, R o g e K." 1 guess 1 have a a question here. in that October 304 197,:�) lEtter. item five Say' s the operation shall be conducted solely by the occupant of the property . Uh, 1 heard Mr, Carino' s comments do you do you have other people working f or you"." Platxiing and Zoning Commissioj,� Verbatim - November 28, 1995 Page 0).- Yes , 1 do,, How many 1 have One full time and one high school hsipar who Cl2an-,i�-, Up. MY wife also helps out in the officez. okay. UM . ;7 When 1 read that as the occupant, Our 4miderstanding of that�j is that joe Smith is not running the business there, ii-, other words, that i ' m the one that' s running the business,, you know William Strong is the one that ' s runnimg the businn;ss. blot ics Smith and hiring vou know others to the work . Okay, it' s a family run business . it' s not you person running it. if it doesn ' t the Sole occupant has to do all the work , it' s not khat" s not whz .'., the wordinq is in the uh on th2re :z Okay, that' s all 1 (SOM2one coughing ) thank you,I Thank youi; Turryi I have One question for Staff , The exception that was given in 1970', that was given tu the property'" So that it was permissible for the occupaRt at the time, for the Occupant at the time to Sell that �ioht, You win the award for the question of the night, Terry. Uh�j Special Exception , and this is ore of the complications 0.': this one, a Special EncRption generally runs with the land :: in this caue, un Planning and Zoning put an approval connditjAwn , clearly PUL in approval condition that this Special Exception is Only good as lung an the area around undeveloped . Which prevails that' s an excellent question ,; (Tape change) T n,mi":" What what special Umn PrObleMS dOeS UM arise when you have one half thR property A-20, and the Other RR . is there any uniqueneGs with that Planning and Zoning Commission,- Verbatim - November 2S, 19?5 Page M. Normally none , LIM, and this falls outside of any of that:, Since it' s not a business that was um allowed as of " or in RR` it falls outside of our nc,rmaj considerations wit!----. thp split zone;. F'or the a 2 policant, did you have drawings, or architectural. drawings P the Y'jildinq? Or anything , elevations''..'', (Paper shuffling ) Mfc2s in background - too soft to hear) ( No microphone being used - too soft ) Um, T didn ' t, on the architectural drawinQs 1 didn ' t notice any um building Plantings or anything . DO any architect (No microphone) And your on the on both sides of the driveway,, Scre2ning . Yeah, there' s none around Me building , the foundation Aselfit Flundation on this side. And . The other side this side of the building , the east side of the building is built into the hill . The overall height of the building � ( too soft) May , Mank you:: Anybody Rise , y2S MarLiai; is there any nMSP that emanates from the building while your doing your autc body straightening or ,: There iS SOMP MMS21 the Hay the you look , the way tM building is set up now, the existing building the doors on the 2ast side, okay . Which laces my Uphill like , Uphill , yeah. Away from Maham Road . Okay. We took that into consideration . That was one reason Why We' re putting the Proposed building is in the same L-shape as the existing _ Planning and Zoning Commission Verbatim - November 28, 1995 ' Page 22 buildings are. We' re trying to have as as least impact you know, aesthetic change and doors will be going north and south, to the south of me is over a 35 acre field ' Well there presently is a 35 acre field . Presently, but still , all right between that field and mine is large uh trees, existing tree line, heavy tree line, this side. You can also see the distance between this tree line and where the building is. Okay. On the other side where the doors are, the north side we have a closed fence, shrubs and again the distance between the north side , there' s another trees here approximately 50 feet tall , in the area here, and as Gail Sadonis stated before, there ' s never been a noise problem, don ' t anticipate one. Neighbors across the street never never had a noise complaint. I don ' t see that changing because of the noise. My office is proposed in the front here. The noise would be going sideways. Uh, north and south. And as scaeening and distance . It ' s not a it' s a not a high noise, I mean there is intermittent noise, hitting with hammers that type of thing ' . . � All right. � . . . it ' s not a constant noise . Is is your present building where your doing this work , is it is it a metal building also. No it' s a wood structure . Um, is the building that your building now is a metal structure I assume. Yes. Does this enhance the noise in any way by it' s being a metal structure as opposed to the wooden one which tends to more so . . . It' s gonna be it' s gonna be well insulated so I don ' t I ' m not my brother happens to be a sound engineer so. I mean I ' m certainly take his take his comments into effect, but uh 1 don ' t see where that would have uh . . . Planning arid Zoning Commissioi Verbatim - November 28, Page 2�!: WEH , if it was just a You know just a she! ! without any insulation 1 would certainly think it would the sound could reverberate,; You need it . 1 mean it' s going to heavily insulated floors 1 mean with the walls and C2iliMg . Because otherwise ! 41-,- not going to he ahle to afford to heat it . Ckay :. So that will definitely ahsorh the the insulation will absorb the noise as well :. Okay. This might be something uh that you might want to keep in mind , 1 don ' t know if there' s any, anything else you can put inside of the walls . But it certainly be, 1 would be Concerned about the metal building as compared to the wooden om2 that yuur using right now�, Yes sirt; UA just like Go ahead nUMMariZ2 ;; Mr . Chairman . Commission Members . 1 would just in response to some of the comments that Were Made . T ' ve also looked a�. the letter Of August October 3C , 1990, the Town Planner g(::.u(::! 1 i LA t 0 V e a d i n i n t 0 t h 2 r e C 0 r d . 1 think there' s go`_ to be and 1 certainly appreciate Mr, Carino S Comments think that there' s got to be a Certain Spirit read AnU:) those 2XCeptiOnS as to What' s going on , You knows Wh2the��­ it' E the Town of South Windsor that brings their cars to Mr:: Strong to Me worked On or whether it' s somebody else, and they' re going there an a front-end alignment, and some inCidWtal work is being done, 1 mean that at times could he the PrOdUCt Of a family run business , Of a family operating within a town , that your not gonna turn the Person , and Sa'.--' Lute ard get the reEt of this done.: So, 1 think that aqain , the question is is there chaos being created . is there traffiC problems being Created . will there 52 noise Created . And 1 think in the spirit of all that you' ve heard from that riHighborhood toniQht., that most certainly addresses that issue., Tolanninq arid zoninQ commission Verbatim - NOV2mbe- r 29, 1795 P a g a 2 The only other comment 1 NOUld Make concerns the OM concerning the Op2ratiOq Of the bMiMSSP and the qMStiOn Of Aorkers on the preMiSeS. And 1 think as you read thV.'-' Particular 2XC2ptiOM , T think Mr. Strong himself , ad&-2SSSi*.J that. The operatinn should be conducted V the OCCUPant Of the Property , in other words, that doesn ' t say that you cannot have Somebody working there. What it says is that the person who is Op2ratiMU the business should be livinQ on the Premises. 1 think Mr . Strong ' s addressed that issue as well tOniqht. 1 don ' t think it says that you cannot hire one or twO Or three P20PI2 to do office Nork and maybe hall::, you with SOM2 Work that You ' re doing on the prEmisws ,, Certainly that again wouidni ' t be in tha spirit of , nor the intent 1 thinks of that 2XCeptiOn .: Ands finally 1 would simply say that, you know with reSP20'. tC the COMMMtS Of GiaMSanti , that that yon know those are W211 taksm , except that 1 do not believe that we should making a decision based UPOM this, and VAR 271COU'--ging YOU Mit &I On UM iSlUe ON WhEU-r Or not SOM2body likes SOMebO&Y Or they dOn ' t like Somebody , 1 think the issue realAy here has to do with the operation of what' s going on Cal the premises . And 1 would 2000Urage YOU to MnSide� that . Thank YOU very much:: Thank you sir:; At this tdm8 PH ElOS2 this portion of the public hearing and before WE get On to item 04 We ' ll take a ten minute recess. Seven MinUt2S �, STATE OF CONNECTICUT} } ss. SOUTH WINDSOR COUNTY OF HARTFORD } I, Dawn M. Samsel, hereby certify that I typed an accurate transcript of the January 9. 1996 South Windsor Planning & Zoning Commission Work Session re: Richard K. Strong dba Strong's Auto's Body application # 95-42P. that a true copy of said transcript is attached hereto, and it is accurate to the best of my knowledge, ability and belief and further certify that I have this date filed said transcript in the office of the PI g & Zoning Commission. STATE OF CONNECTICUT} } ss. SOUTH WINDSOR COUNTY OF HARTFORD } Personally appeared lQwn M • e' , signer and sealer of the foregoing instrument and acknowledged the same to be her free act and deed, before me. Notary Public My Commission Expires ► 131 R TOWN OF SOUTH WINDSOR Planning and Zoning Commission January 9, 1996 Verbatim Application #95-42P Richard K. Strong , d/b/a Strong Auto Repair Application 95-42P Richard K . Strong , d/b/a Strong Auto Repair modifications of existing Special Exception exception of site plan development for property located on the easterly side of Graham Road and northerly of Hayes Road . RR and A-20 zones and the action is by February 1 , 1996 first item. This is the one that needs some sorting out. And I did give n you each a memo to with the issues that you know if you have it in from of you I think , with the issues that remain to be sorted out. But I ' ll do a brief review for public hearing . This is a modification to an existing Special Exception that was granted in 1970 and a site plan and development for an existing business on the easterly side of Graham Road and northerly of Hayes Road . The existing site is in excess of five acres and has an existing house as well as the business on the site. This following conditions were granted with the original Special Exception : The business be limited to the straightening of automobile frames; front--end alignment; body wort; including body refinishing . No more than four cars to be parked on the premises waiting to be worked on . All work to be done within the building . Approval shall remain effective as long as the area remains undeveloped . The operation shall be conducted solely by the occupant of the property. The driveway should be the same driveway used for the house. The original zoning regulation , that this was granted under, and its and I got it echoed in the memo, um in undeveloped areas of the Rural Zoned districts, the commission may Planning and Zoning Commission Verbatim - January 9, 1996 Page 2 permit as a special exception after public hearing , limited commercial and/or small industrial operations conducted only by the occupant of the property, where such uses will not be detrimental to adjoining property . Will not substantially change the character of the neighborhood . Will not increase congestion in the streets, or create traffic hazards . In January of 1990, the Chairman of ZBA signed off on a transfer of the Department of Motor Vehicles License from the father , William Strong to his son Richard . At the time it was stated the use of the property would not change. Now, today your regulations don ' t have any provisions for the type of special exception , in any residential zones . It was brought out at the public hearing , that um their applicant may not be meeting all the conditions of the original special exception approval . And , um that' s one of the things that are gonna sort out . The site plan modifications requested include replacing two existing buildings with one L-shaped building . Adding a turnaround driveway area, and parking area to the rear of the building plus a drainage system down to the road . Um, there twenty parking spaces proposed . It' s my understanding from talking to various staff members , that there' s probably an average of about ten vehicles parked on the site . So , the twenty parking spaces are required by our regulations, but may actually be in excess of what the applicant needs. Um, public water and sewer being proposed . Police department just wants verification that there' s adequate site line of the driveway entrance. Inland/Wetlands approved this application with a twenty-five hundred dollar bond with no unusual approval conditions . Design, and review committee was generally satisfied with the building layout and the proposed materials and colors . They had two comments . One that the applicant consider adding landscaping with color to the front entrance and second that when a spray booth exhaust pipe is added to the building , that not be on the side which faces Graham Road . Um, let' s see, no new signage proposed at this time . Only two square feet is allowed under the current zoning regulations. Um, at your public hearing Joe Carino appeared and suggested that this applicant needed to go back to Zoning Board of Appeals for full license approval . That' s the other issue that your gonna need to sort out. Whether or not you agree that it does need all of your regulations does need to go back to ZBA for a garage . Can I ask a question? Why was Joe Car who' s he representing? Planning and Zoning Commission Verbatim - January 9, 1996 Page 3 Himself . He was He was neither for or against . No. He was just he was bringing to your attention the way the site is operating today. He didn ' t he didn ' t for or against it. Okay the two issues the two big issues that need to be sorted out, one is the current operation in conformance with the original Special Exception approval? If you think: , no, and you approve the application and your approval should reference the new work that you' re approving . And I would note that since there' s apparent Special Exception approval provision in your regulations, any modifications you make should be in conformance with the previously existing special exception conditions . In your own regulations. And , two is ( too much interference) ZBA approval on exception 3 . 13 garages and filling stations . Which is location approval . Okay, I have a question Marcia. Concerning her memo. Marcia you said that in the memo and you just repeated orally, that we felt that if we approved this, that we ►V should do so in accordance with the previously existing special exception regulations. How can that be, I mean just in general terms when a regulation is no longer in the regulations . Can we I didn ' t know that there was any provision for us . To modify? . , to modify something that was, especially when that modification is is changing it to more. Even when it' s n1 � changing is to less. I mean you know under the regulation , I don ' t understand that. I mean even regardless of this regulation , of these, I can ' t think of another time for any other regulation , that that ' s a permitted thing to do. &4&(3LJ�, The, once again you' re gonna need to sort it out, um 6,V-UU0 For example I mean like DA-15 you gotta know what you have. 60,4aJi- Right. Right. If somebody wants to modify something in DA-15 don ' t they have to come in under DIZ? ��VV Right. Planning. and Zoning Commission Verbatim - January 9, 1996 Page 4 Yeah, um when this and the reason one of the reasons you need to sort this out when this came through as an application it it appeared at first that it was replacement, it was a fairly straight forward replacement . In which case there' s no, you know it ' s a straight forward replacement, there aren ' t any issues . Then during the course of the application that there is people who' ve come forward that perhaps it' s a little bit different than was originally approved . In which case you, you know, it is a modification of the original special exception . Oh, it seems to me like the applicant may have modified it already by the number of employees, you know. I mean his �-j interpretation of what the regulation at that time said . As to the number of employees ( paper ' s shuffling ) , and the permission that was granted , I feel is in error. I mean the idea that um, Frank that he that he does have other employees, and that the special exception was granted for him for his father, you know. I could understand it' s been transferred and all that , and that' s a concern to me. Oh, special . . I ' m just gonna say that it' s apparent that the applicant, himself , is a hardworking young man . He has entrepreneurial material in himself . He' s built this business I imagine from what we heard at the public hearing , from when his dad took off . The type of person we usually like to have in town , uh running a business. However, I have a lot of problem with the applicant, the application rather. Since the original special exception was granted with all those stipulations , now I read the stipulations, I read the minutes. I feel that the only reason this applicant was here was as he knows, is because the residential zoning . If it wasn ' t residential zoned we would welcome him with open arms in any of our commercial establishments. Especially based on what he seems to be, is a hardworking individual . But, at the public hearing I think he was less than candid about what he' s doing inside that shop. It was originally to be used for straightening out fenders and so forth, what we call bodywork . And I think it ' s obvious that it' s gone on to more than uh, and since it is in a residential zone, it the uh he has not followed the special exception that was originally granted , and the way it was laid out to his father, was given it to him for body work only . And since it in a residential zone, and since since it has grown , or it intends to grow in this manner of four cars to twenty and so forth, and we don ' t know how many cars are there now, I Planning i and Zoning Commission Verbatim - January 9, 1996 Page 5 can ' t I can ' t see around as a special exemption . This, i number one there is none available, and it' s not continuing that business in the manner that the original exemption was given to his father. Not at all . It really wouldn ' t make sense for him to do that because you know . . . - Sigh - Can I ask a question on that . . . If Walt is done you can . I was gonna say it um, we stayed in our rurals in undeveloped areas, rural zones, we may permit a special exemption , limited commercial so forth and so on . Now, this doesn ' t it doesn ' t seem, from what I heard at the public . hearing , that -coughing- intends to limit it at all . Not to bodywork , but to oil changes, and brake jobs and motor overhauls, and you know everything else related to uh a regular garage type establishment. Not at all what his father was given exemption for which was bodywork . So, what you' re saying is that we have a bodyshop permit . Turning into a full commercial garage. Yeah. � s ?� How is it licensed right now : General . . general dealers uh general repairers license. OAA-VAb It does say that? Yeah. 61AO-41v Yeah, that was ZBA. It' s been for a while. And if you read the letter from ( interference) to the ZBA ( � chairman that says that it will not, the use will not change when he asked for the ZBA chairman to sign that letter. Uh, sign the form rather. The use will not change from . . . That' s the question , from what? Yes . Planning and Zoning Cominission Verbatim - January 9, 1996 Page 6 The use may already have you know Been changed . Right. Yes. Yes. Exactly. �--y-� What time passed the year' s later was the signed and brought l to the ZBA. Many year ' s later . Many years. S o . Until recently. So, theoretically they could be saying you wouldn ' t change from what it was at that point, not from when it was originally . . . Yes, right . The way it was written . Yeah. Okay. So. And then ZBA chairman did not . . . confirm. There' s one provision that special exception as it was granted that says about talks about how the effect on the neighborhood I mean , I know that the resident' s were all in favor of this appear to be all the one' s that we heard from. But, is it or is it not built up. I think that' s another question . Nearby. But that maybe that' s an auxiliary question . (Group talking at once) No. Because area back then when it was uh . . . Oh yeah, but it says its a . rural . . . . . and I think you know. But it' s still not very, I would say built up to a large part at that spot. Right. but not at that spot . Planning and Zoning Commission Verbatim - January 9, 1996 Page 7 There' s a lot of um. . . Well , when they originally put when they originally came in year' s ago, did they build any new building , did they just �{ Q go into an existing building . No . No. The father the father, the original applicant had retired from a shop in East Hartford . �. Yeah, but did they change, they didn ' t build any new building . They . . . No, they used an existing barn . He said I ' ll use my barn . So, now they ' ve gotten to the stage twenty-five years later, and they the barn that they ' re using is no longer adequate, and they want to build a new building . Correct . Yep. New building . More parking . And it' s larger . And it ' s a larger building . Than what was . So Yeah, 3,900 square feet and it went from four cars to twenty. As compared to what . It' s not large, it' s not a lot larger . Then the barn . Which will be torn down . And the rationale for that was is that the cost the expense of building this larger facility would have to be offset somehow in the form of more business and so forth. Right . Um, it looks like a barn right now there, right? Yes . i I p Right . Oh, they are barns . Yep . Well � 1�— Yeah, they look like barns. Planning and Zoning Commission Verbatim - January 9, 1996 Page 8 Would it be any kind of a saving grave to have the new building look like a barn , also, even if it ' s modern inside, �L& and would this be any kind of an amenity to the neighborhood . You ' re talking to change the character of the neighborhood? No, I ' m just saying the if it ' s an existing farm barn now, I mean , if one of the things that we' re concerned about is changing the, I mean aside from the change in the nature of UU the business with changing the character of the neighborhood, uh I certainly think that there ' s a Possibility exists with putting a modern building up there, I mean it could look like a barn . Would that be more in keeping with what ' s there. That would be okay if what we decide to do is to approve the application . Well , I just wanted the interference) . . consider ( too much current operations special exceptions. But, it hasn ' t been for some years apparently. &LOA Yep. But, the other things, there is some things that are in violation , if you don ' t find out about until so c happens. mething Uh huh. All we have the plot plan , we don ' t have any pictures. Pictures are underne ath. (Shuffling papers) permitted . special exception for something that ' s not Well , since I sat on the commission back when this was originally granted . . . When dirt was young . `des right : , ight . Lm, let me tell you the reason for this Particular or I think I did at the public hearing ( papers shuffling ) the reason for the exceptions being in the regulations was because so much of the land in South Windsor Planning and Zoning Commission Verbatim - January 9, 1996 Page 9 was undeveloped , and so much was an RR zone that we had with a no good handle in fact um you know we barely had planned um you know to know where the commercial go. And zones were going to where industrialzones went on we eliminated or changed�1eomere g�ommercing oial .anAs time industrial zones. Things that were called CX and IX , at the time. Some . a lot of rural residential zone became um A zones or double A zones. I ' m sure some of it became um commercial zones. This was almost though this was like Pre-zoned . �2U4tJL But., when we when we had Spot zoning the way it ended up being . Yes. Well see, a lot of things, not a lot of things, but several things in town were developed in that fashion and another area that was developed , probably wasn ' t completely but on 19= Strong Road and Route S, there was some um, there were a lot of houses that were allowed to build into what was an industrial zone. Because nobody really knew were they ever gonna develop industrial A, and it was were allowed . , some of these things It . . The question is that it was removed from the zoning regulations when it it was obvious to the commission that a lot of land in South Windsor was getting rapidly developed . We had um plans done, you know we had that this was approved again? 1970? what year was it 1970. 1970. We had just you know it was in ' 67 that we had our first big plan approved . But, um in following that a lot of things were, I mean attempt to go back and take a look at that ' 67 plan to see what we planned for this particular area, but I suspect it was still rural residential . Um, probably that I would imagine that that ' s hard if there wasn ' t a lot of the housing that existed across the street . AQ_,V w Well , no none of the stuff across the street . . Yeah, I was just saying zoning by itself . i='la.nning and Zoning CGmiTiisSion Verbatim - January 9, 1996 Page 10 ,lk-AAta- And it ' s on a very large piece of property. The Strong property in itself is a large piece of property. And it seemed appropriate and apparently the Strong piece of property is still large enough that the, fact I don ' t know that it ' s changed , that the neighbors Particular problem with the whole thing . The athing ve yis the size of the property could change. I mean and when do you allow a new building to be built, and then someday pull the special exception? Well , I think just looking at this thing for the metal building , I think it' s gonna people are going to find it has a very different configuration . once it ' s CAUAU-J It ' s way down from the road? L//1�✓� Yeah, I know . . . ley Right. And the question is could a circumstance occur in the future that would make it undesirable to have that? I mean, that' s one of the questions . And I could see some of the land being , you know because there is such a large piec lnd it ' s not all needed for this. I could see some ofeitfgoing , residential at some point, and I can us ( Papers shuffling ) or something . I mean I ' d be willing to sit with it as it is now, let it continue. I guess because . . . My only is that correct? Yes. Uh huh. Is the are the greenhouses, are they being used now. Is that gonna continue, or is it just uh, is this the only business that ' s gonna be on here gonna be the the auto business? � ( 6L Does anyone know that? Well , they exist on the property, I don ' t think. . . . AUAC4-- It ' s a ?? Yeah, but it was a farm. 4k94 -a- WE'11 , Let' s me the existing building , anybody , Planning and Zoning Commission Verbatim - January 9, 1996 Page 11 existing building? Cc14__� I , uh I wasn ' t there. The existing building , it says the building area the shop is 1 ,600 square feet and proposed is 4, 272. Say that again? That doesn ' t sound right . No. No . 0,4WL That sounds right. Demolish the old and put up this . j/ /yV1 Yeah, that is the idea. 1ALto Metal building . (Paper shuffling ) Twenty-one spaces, so that ' s twenty-one for each 200 square feet. This is what it looks like. . . . (Couldn ' t make out - pauses ) Mt What ' s your thought, Tom. Quite honestly I think it ' s uh with so many spots that are _� wanted , you know or being filled and so forth, uh so much 1_4 available out there I , I sort of have a philosophical Problem with uh with the application , personally. I think it ' s gonna you know effect on the neighborhood , you know. The character of the neighborhood . The just the expansion , you know . Uh huh. What it' s gonna develop into is, is you know, I have no problem with that. I mean , but in that location ( papers shuffling ) is where I have a problem. y 1 al l tii iy ct`iLi U(-i is� i_f jmiiii=mil c;n Verbatim - January 9, 1996 Page 12 Well , you know but sometimes we we concern ourselves with tQ4tIld whether or not commercial uses should be in commercial zones. You ' re often a very big proponent of that. Um. To the idea, I mean you know Of what? �J"Atj_ Making sure that commercial uses are in commercial zones . Whether commercial uses are not in residential . Yeah. I mean you know you come to home occupation types of things you . e Is the because they want to expand this, right? Otherwise they would just stay as they are. Yes. I have a question . Explaining the original , I ' m sorry Frank didn ' t mean to step on you . Explaining the original idea of the father, I think is one thing . I think expanding the the nature of the business, is something altogether different. We have two things here. If we look at item one of the memo is the current operation in conformance with the original special exception approval . I say the answer to that is no. I ' m sorry but the truth is it' s not . (Someone saying something - can ' t make out) Will will not substantially change the character of the neighborhood . I think a new building of this sort will change the ( too much interference) . I would like to get you know, we got other applicant ' s too. I ' d like to get these people who have all this, you know, the hard work ethic , and so forth, and get them in the commercial zone. Where according to planning and zoning they belong . To do that type of work there spots. I think it ' s dangerous to start putting commercial establishments, which this absolutely is, in a residential zone. No matter how big , no matter how big they are. J -1ann�ng a-{{t 7rni:.'-t g C-ommc=3on Verbatim - January 9, 1996 Page 13 My question was, if the place burned down , wouldn ' t they be D able to build there , Exactly. Within six months . cubicle contents , rb Footprints. Same footprints . Same um same everything . Built to . . , Insurance company probably wouldn ' t let you when you,� if( your house burns down , it' s supposed to look like it was . Made all the same materials . Have to do that within six months, or is there , No, that ' s only with non-conforming . Well , . . . My question was if he if the building were condemned for some reason , it was structurally unsafe, he has the approval to do business there. He could build on the same footprint. Substantially the same building . And it could be an old metal building . The metal building is , cause that ' s doesn ' t work real well with your zoning regulations in a residential zone. ti We ' d send them back to get a metal building that' s in back of the same Process. �{L Same process. To rebuild a barn . Not that we want to not that we want to encourage this uh, . ( laughter) Don ' t forget who initiated this . 1 Oh boy. %, {J�Lt Q, , . (Laughter ) You can tell him that. V"(J Marcia what about some of these issues that you' ve raised in your memorandum. Maybe we should go into some of these a little bit more. As to um the the no current special Planning and icii�lilg Commis—ion Verbatim - January 9, 1996 Page 14 exception provision , I mean we don ' t want to have all of a sudden , as we' ve had in a commercial zone, with approving something that wasn ' t mentioned in a specific way and then all of a sudden everybody comes and does this. Uh and we have the application so we think there ' s only going to be one and . . . ( j,JW t/3 Absolutely . now all of a sudden we have um someone people on Ellington back , and . . . Yep. Right. Absolutely oh yeah. I mean . Oh yeah. That' s a great question . I mean you got 6AA" to think in terms of more than just this particular application . After you Marshall this one is since is existing ones operating under- the old um special exception , where this one gets tricky where you got to kind of read a little bit that what' s not in here is the fact that there, and Louise brought out so clearly , there is no existing provision for new special exception on this . Any special exception you approve now has to be that your finding that he' s conformance with the originally granted special exception and that there really minor modifications to it . /L�}1 Honestly . Another unwritten um thing to keep in mind here, and that I ' m gonna need an answer to, you know, in the end , if you come to a conclusion that it ' s not in conformance with the original special exception , and you don ' t approve a new application , um we' re gonna need zoning enforcement. Because if you decide it ' s not in conformance, um we have to enforce the the original approval . I have a possible solution . Ha ha. Cleverly . . . No. No. No. It' s not very clever. I don ' t think Aka4-, everybody ' s gonna like it. But , how about request for a zone change? To commercial . Well that certainly is See, the residents were so thrilled with whole thing . Uh hum. That would be a solution . Planninq • Verbatim - January 9, 1996 Page 15 Would they still be thrilled changing it to commercial zone? Because . Because of this large piece. It' s a large piece and even if , I mean I don ' t know I mean , ."AA I would not be one hundred percent opposed to doing that by any means. I mean , um . . Louise let me point something out . I ' d like to see it . . . While you do that, okay you say that there' s a piece of property south of there, big piece of property . . . Yep. Okay, now let ' s say we grant a zoning change there, and this fellow comes in , whoever owns this this lot here. shoddy land , actually. t2 That' s if they too. That' s a lot of land . t-vx 4-J And they said hey, if that' s commercial . . . Well , that' s what I mean , we would have to look I ' m not giving this as advice, but we would have to look. at our plan of development, and see if this could possibly work in . Uh, I haven ' t done that, I mean to really look and see, I know . If you think of the entrance on the other side of the hill , IM�GC which is on Nevers Road , and I don ' t we' d want that whole hill to go. No, oh you wouldn ' t I don ' t think the whole thing . The question is we do have few, well we did have a few very �l��Vy1/l small commercial areas in town , fewer of those now, we' ve combined them. But I think the town could tolerate can tolerate certain small uses of land . Who owns that auto place down on Long Hill Road? Well , of course that predates all sorts of things too. But, because it stays so much the same people don ' t object. MOTaMA Also, all right . Planning and Toning Commi scion Verbatim - January 9, 1996 Page 16 One of the things that bothers,� frankly that bothers me--a about this, is that the look of it as far as a residential neighborhood is gonna change substantially. I agree. I mean right now you go by there and there' s like there ' s a bunch of farm barns and things and it ' s really hard to see that anything except some kind of a farming operation is going on there. That is going to be very very different. And it ' s going to be a big metal building sitting there. It would be as if , I don ' t know if your familiar with Kasheta ' s landscaping operation down on Main Street, you know. Pact that he has a whole lot of barns . If those know all of a sudden turn into metal barns. , you Well , some of them I think are. But, okay anyway ( laughter) . But, I mean some farms do have metal barns. That ' s but they do. I feel very uncomfortable, in fact I will not allow myself to vote for expansion of a commercial use in a residential zone. But, we no longer have those regulations in our regulations . Um, as to whether or not it' s conforming now, and so on , seem' s to me it ' s not conforming now, but not trying to eliminate it either , I mean you know. It ' s so hard . . You know, you brought up a valid point Louise. I ' m just wondering why was this thought of early on before the application came before us. Maybe a possibility of a zone change? Or along those lines . &4UA,4- I don ' t whether it' s a good Possibility or not. Normally no Tom, we wouldn ' t. Normally in a case like this when at the time it seemed a fairly straight forward substitution . But , our normal advice to people, um this one however , could be thought of a little different . Our normal advice is that the commission won ' t just rezone one isolated Piece of property . Aggravating circumstances in this case, is that use is already there and it' s been there for a long time. And I can understand the reasoning behind that. �/l -ef Ye s . Planning and Zoning Commission Verbatim - January 9, 1996 Page 18 No. I thought you that we said no. Nothing inherent in the land that would make it a variance. (� It' s a repairer license that he needed to do some of the things. Okay . Even though he has the general repairer' s license it doesn ' t mean he does everything under a general repairer' s license. Although bodywork , I mean , he probably needed it for that . Well if you sign off on a general repairer' s license and you t-d_ have an approval for using one, can it be approved by us or the ZBA for only specific things under- that general repairer' s license? Yeah, there are four different categories . They went for the highest. That notwithstanding . You you still have the power to condition your own items . Yeah. Absolutely . The State dealers repairer' s license doesn ' t take that away from you. Are you saying that we could approve the thing for his building , but restrict them what went in what went on in that building? Oh, I don ' t know. Could be tough. Somewhere along . . . Unfortunately very difficult . Somewhere along the line the applicant himself made a decision , can I continue this business under the rules of my dad had on the original application? Can I do that? Somewhere he made a decision to expand that. —r'pLsaA-r_k O h. To go beyond to go beyond what the original application allowed . t� Okay. Planning and Zoning Commission Verbatim - January 9, 1996 Page 19 q Well , I think it' s just something that happens as a natural l� tV}L� consequence of repairing cars . That you go from one thing into another thing , into another thing . It ' s the danger of having businesses in residential areas . Well . But then however, another thing you can go to other body shops, which are body shops and stuff , and find that that ' s all they do. Spray booths. Spray paint. They don ' t do oil changes, and brakes and I can take you to two of them. They don ' t do oil . They don ' t do that stuff . So, saying it ' s a natural expansion is not necessarily true. Okay . In itself . I think it was the good work ethic of the young man who applied that had , I could do this I could do that. 7 / Not realizing what the legal perimeters were on that piece of property . I think it was his own good work ethic that got him into this problem. Right. Like to have him work for me . �QO So, what. . . Maybe that' s the solution . (Laughter) Mr . Mealy can I ask you a question . `�IQEta No. You can ' t. �JJ No, sir. No. Public hearing is over, sir . Actually your not supposed to comment about anything at this point . (Can ' t make out) Well , does anybody have a suggestion? Solution . eaffEt Or a solution'' No. I don ' t . All right. Well . Plani':�1n!g an d Lonlni� %omm ssioni Verbatim - January 9, 1996 Page 20 He can operate under the condition that if this were to be denied he could still operate on the provision he' s • operating on now. 1J �C Yes . All right so this doesn ' t put him out of business. No . Okay. ( Could he could he repair the existing building? Oh yeah. I would assume so. �p N.e✓iti/� Sure. Based on what kind of building it is. Perhaps . Because of the nature of the building , and it ' s age and so forth, he can ' t. You know I mean . Hm. Yeah that' s . He could . . . He could probably take down what ' s there and build something more substantially solid , looks the same. Yeah. Oh sure. I don ' t think there ' d be any problem with him doing that . However, what everyone is talking and pussyfooting around , is there saying actually could do the same building again . But he is doing things in there now for which he does not have a permit and are we going to say you can no longer do these things? I don ' t see what option we have. If he' s a if his general repairer' s license only allows him to do certain things, perhaps what was granted , that ' s what he should be doing . I move the question . Order of the room. /Iit�/YtdL If there' s no motion on the floor. �`� No, I ' m not , I ' m just saying . . . a Planning and Zoning Commission Verbatim - January 9, 1996 Page 21 0 h. 1L1 /�tJ� Well , I ' l l make a motion to deny the application . I ' ll make a motion to deny the application . I guess I ' ll have to second that. Do you need reasons? Uh, . . Okay, I can give you some reasons. Sure. Please . Um, the existing business um exceeds the authority of the original um special exception provisions. Um, and we no longer have those provisions. To me that' s the major one. There' s more. �7�(Q It' s not in conformance with the original special . Right. Tom, did you second that? ` l�t Yeah. You did . Is there any further discussion . Hope he stays and finds the correct place in: South Windsor and decides to stay in town . Hearing no other discussion , I ' ll call the question , all in favor of denying signify by saying aye? Aye . Opposed? Zed I will abstain , I wasn ' t at the public hearing . tow M •�' t� C ~ 70� 0-ye sau� 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786 R'co�'` AREA CODE 860/644-2511 FAX 860/644-3781 RE C E I VE 1) 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 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 building approval. CORRECTIVE ACTION REQUIRED: Immediately cease construction 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, ; - 4 Jeffrey H. Folger Zoning/Wetland Enforcement Officer CC: PlanninglZoning Commission Director of Planning Town Attorney �40.0 coo y" aie R 1540 SULLIVAN AVENUE•SOUTH WINDSOR, CT 06074,2786 ��OsoR.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 building approval. You were issued a violation orrlP.• and op Work Order on Nov m}wr o 1998 ted that no irther work is to he done until the status of the addition is „esoly d Futhermore YOU sMted that the 1)1M*RQamLmen the addition is t e end the non nnfnrm,presently On the site ng h ne the Zoning B°= . a�� lis not allowed w* " Aval by the and Zoning Commission and 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 matter, feel free to contact me at 644-2511, ext. 229. Sincerely, CA,P Jeffrey H. Folger Zoning/Wetland Enforcement Officer A_ f� Get Ready for Winter', Dear Valued Customer: Winter is right around the corner, and, we want to make sure you get to your destinations safe and sound without any breakdowns because we can detect and prevent most of your automotive problems. Our business has grown over the years because of good customers like you. To show our appreciation, we are offering you a one-month special. This special offer includes: • Oil & filter service(up to five(5) quarts); • Tire rotation, as needed; • Complete brake inspection; • Check antifreeze& all fluids; • Inspect belts & hoses; • Test battery& charging system; and • Consultation on problems you may be having with your car. A $75.00 value for only $19,95. CALL (860) 644-2842__TODAY To set up your appointment. If you have any friends or family who could also benefit from this special, have them give us a call and mention this flyer and we will extend this offer to them as well. I look forward to seeing you soon. Sincerely, 1�6k �" Richard K. Strong, Owner Strong Auto Repair 394 Graham Road 175: eeaber on:Frid�- his offer expires South Windsor, CT 06074 y,Febr ary 26, 1999