Loading...
HomeMy WebLinkAbout08-31P DeGiacomo Major Home Occupat TOWN OF SOUTH WINDSOR PLANNING&ZONING COM I D o* st APPLICATION F 6 i P Application No: 0 Official Receipt Date: JUN 16 2008Al :x Receipt No: SOUTH WH�SOR PLANNIIG OEPT. ".- "-° " GCB9" APPLICANT: C.- t s t .jmt'7 �s PROJECT NAME: ADDRESS: OWNER OF RECORD ON LAND RECORDS: _ ©Jn.' ADDRESS: <--� C� - Gr,.udCS c..r 17f- COMPLETE LOCATION OF PROPERTY: S$ C: Sew.. jA —b ASSESSOR'S MAP# PARCEL# ZONE NAME,ADDRE--SSA,TEL&FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: SKP�0-n� NCR Estimated presentation time d Mtv%./ THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing required and Certified letter to abutters required) ❑ Subdivision/Resubdivision ❑ Open Space Subdivision (Public Hearing Required) ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision(Public Hearing-Required) ❑ Minor❑ Major ❑ Conditional Approval ❑ Special Exception to Article (Public Hearing, Certified letter to abutters required) ❑ Site Plan of Development ❑ General Plan of Development 0 Earth Filling(Sec. 15) and/or Earth Removal (Sec. 14.-Public Hearing Required) ❑ Regulation Amendment ❑ Zoning ❑ Subdivision (Attach proposed amendment) (Public Hearing Required) ❑ Temporary and Conditional Permit for(Public Hearing.Required) ❑ In Law apartment/Accessory Apartment(Public Hearing Required) Major Home Occupation for (Public Hearing Required) .44Li/h/ 1 C L ❑ Other (explain in detail) An Application Pending sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. Signature o ppl cant ature of Pr erty Owner 3 PO Box 1121 South Windsor,CT 06074 (860)712-1827 Invoice Number 1911 for the Period from 4/1/08 to 4130108 To: Bill Blowers 50 Edgewood Drive South Windsor, CT 06074 Date Service Amount 4/14/08 Clean-Up $75.00 4/21/08 Crabgrass Control $36.00 Subtotal $111.00 Sales Tax $6.66 Prior Balance $0.00 Total $117.66 Please make checks payable to GroundsKeeper,Thank you. -J 0 00 BOX 1121 South Windsor,CT 06074 (860)712-1827 Invoice Number 1971 For the Period from 611/08 to 6131/08 To: Bill Blowers 50 Edgewood Drive South Windsor, CT 06074 Date Service Amount 5/1/08 Cut $20.00 5/15/08 Tree Trimming $20.00 5/15/08 Cut $20.00 5/21/08 Edging $25.00 5/23/08 Cut $20.00 5/30/08 Cut $20.00 Subtotal $125.00 Sales Tax $7.50 Prior Balance $0.00 Total $132.50 Please make checks payable to GroundsKeeper,Thank you. HOME OCCUPATION FORM Minor ZEO Approval Date °� ti s ASSESSOR'S USE ONLY; Major PZC Approval Date Home Occupation Type Expiration Date Code Nam�q�Au L�Gi RCcr'L� . Address of proposed occupation:_ Telephone P ff-9-0 SZ-�d e---)'TO 4? Zone ,4 `off Description of Occupation: i is �,k' CC A. PROPOSED SIGN Please use the boxes or an attached sheet to provide the following: 1. Attach copy of plot plan if applicable. I Use box A-(or attach sketch)to draw'proposed signage . ' 3. Use box B (or attach sketch) to draw the floor plan of the home occupation area. 4. Architectural elevations for any proposed additions or modifications (� must be provided ' v B. FLOOR PLAN(__Basement 1st Floor 2nd Floor) Floor area of dwelling Floor area of home occupation % of floor area L 2 b )o CD b j,s'k nenz;>--s �= a n d@r5 dS i-F bCr:::>i�-5- I have read the regulations'regarding home occupations tend to comply with.said regulations. I understand I must notify the Planning Dep t g po tion of this occupation at this address. -- Signature of Apph n � e,. Date _ -Signature of Owner Date 2Z2 L;i— Q,5 White = Assessor Yellow = Applicant Pink = Street File F Appl #08-31P, DeGIACOMO MAJOR HOME OCCUPATION PH 7-8-08 1. Request for a 5 year maj or home occupation permit to operate a 1 k/n service at 58 Edgewood Drive, A-20 zone. 2. The applicant has been operating a"small lawn service" under a minor home occupation permit since February 2005. At that time, the business consisted of one pickup truck with no sign on it, and no trailer on the truck; the mower was hauled in the bed of the pickup truck. There were no employees and no additional storage of business-related equipment or material, according to the minor home occupation application filed by the applicant. The applicant has provided a narrative statement describing his business. 3. This application originated as a result of a zoning complaint in May indicating that Mr. DeGiacomo is running a landscaping contractor business with storage of goods and equipment outdoors and in the garage. The complaint also included excessive noise and traffic. 4. The reasons for requiring PZC approval are to ensure that: ♦ the home occupation is clearly secondary to the use of the building for dwelling purposes, ♦ the home occupation is compatible with other permitted residential uses in the residential district, ♦ the residential character of the dwelling and the neighborhood are preserved, and ♦ all residents have freedom from excessive noise, excessive traffic, nuisances, fire hazards offensive odors and pollutants, and other possible effects of commercial uses being conducted in residential areas. 5. Performance criteria that must be met include: ♦ Maximum of 25% of the floor area can be used for the occupation; ♦ occupation cannot be visible from outside the dwelling unit; ♦ dwelling must maintain the character of a single family dwelling; ♦ no entrance or exit may be added solely for the occupation; i t ♦ no more than one non-resident employee allowed; ♦ the occupation can not create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street; all parking needs must be met on-site; and ` C� ♦ the Commission may require screening of additional parking from \off the street and from adjacent residential properties. 6. There are two questions regarding the MHO regulations that need Commission consideration for this application: • Is a lawn service considered a landscaping contractor? If yes, then it is expressly prohibited as a major home occupation. • Is this business actually functioning as a landscaping contractor based on its track record? If yes, then it should not be approved as a MHO. 7. Staff note that in mid-June, Mr. DeGiacomo deposited material cleared from his lot onto the Town-owned open space bordering his property to the rear. The damage inflicted included damage to Town trees. Karl Reichle, Director of Operations, sent a letter to Mr. DeGiacomo in mid-June outlining what Mr. DeGiacomo needs to do to return the open space to its previous undisturbed condition by July 30. Mr. Reichle indicated that Mr. DeGiacomo has begun addressing Mr. Reichle's concerns. 8. If this application is approved, the applicant will complete a home occupation form, which contains acknowledgment that the applicant will abide by criteria contained in the zoning regulations. The applicant would also be required to return to this Commission for renewal upon expiration of the 5-year permit period. Also, if approved, the Commission might consider adding as approval conditions: • Shorter approval length rather than the maximum 5 years so that any issues can be addressed expeditiously • Limitations on the amount of equipment and materials that can be stored on site; 2 • A ban on outdoor storage of equipment or materials; • Limitations on the number of times the vehicles can go in and out of the neighborhood (e.g., no returning for lunch breaks) u jk 4- 61"e- 0 �p0 - r�•hn.. 3 Home OCCUpadon 58 Edg►ewood DdVe. South Windsor, G"106Q74 I have been contacted by Mr. Paul DeGiacomo concerning his application for a Major Dome Occupation permit at 58 Edgewood Drive in S. Windsor. He has provided us with his performance criteria report or has discussed his current and on going plans. ❑ I support the home occupation ? .I have no feelings concerning the home occupation ❑ I oppose the home occupation Name V L'`6 6 Z��&e Ad s ro . Signature ❑ I support the home occupation l I have no feelings-concerning the home oMupation ❑ I oppose the home occupation Name �r%�,� c��.��T Address Signature XI support ome occupation ❑ I have no feelings concerning the home occupation ❑ I oppose the home n vC("d Name Address )CA?I(A/0 da/ Signs re I support the home occupation ❑ I have no feelings concerning the home occupatich ❑ I oppose the home occupation t Name LI t, h Address Signature, r LK I support the home occupation ❑ I have no feelings concerning the home occupation ❑ I op se the home T:A&6H ion Name4 /� Address "r 9 GR M4 ' Signature I support the home occupation ❑ I have no feelings concerning the home occupation ❑ I oppose the home occupation Name -FA , i 1 j Address 57 PD e,,5wa.-)> -P Signature ❑ I support the home occupation ❑ I have no feelings concerning the home occupation ❑ I oppose the home occupation Name Address Signature ❑ I support the home occupation ❑ I have no feelings concerning the home occupation ❑ I oppose the home occupation Name Address Signature ❑ I support the home occupation ❑ I have no feelings concerning the home occupation ❑ I oppose the home occupation Name Address Signature C)�70-31P, Home occupation Pafolmance ofteria 58 Edgewood Delve. South Windsor,CT 06074 Minor A. 25%ofdWafiing • The area of home used for office space is 36 square feet; a desk and chair, laptop and printer,fife cabinet. • The shed in back is 384 sq feet will be 90% business use. • The two car Garage will hold various tools associated with the business but will also house two cars. a outside visibility • There will be no large windows or doors—see attached figure 1. • Activity will be limited to taking the equipment needed for the day out of the shed and or garage loading the truck and or trailer and leaving for the day. C. Retail Sales • There will be no retails sales and parcel service is rare. A Business assodaW vehAmb • The Truck is parked in the garage and the trailers are stored at another location, picked up and returned daily. E. bYafe and 1 1 perw is • My state Tax registration Number is: 37293263 J 001 • My Federal employer identification Number is: 26-2110535 A Dwelling characteristic • There will be no change to the font of the Douse; see attached figure 1 • The only change to the back will be clearing of the wooded area and a residential shed; see attached figure 2 &3 G. Hazardous Materials • There will be no hazardous materials stored on premises • The only item stored in the garage and or shed are: gasoline and various cleaning supplies, detergents,thinner, hand cleaner etc. H. Entrance/Exits • No modifications are going to be done on the home. L Radio/ TV interfamce • No interference is anticipated or likely. 1of3 A. One Occtapatkv7 • There will be only one home occupation; GK Enterprises D. Awe ssorFbuildings • The shed is the only building used to store business equipment and it will look like a residential shed; see attached figure 3. C. Employ • There is only one employee. D. Swraw of&cods • The equipment will be stored in the shed and the two car garage; the garage will also house two vehicles. E. Commer6al&vff1c • There will be no Comffiercial traffic. The Only deliveries are UPS 3-4 times a year F. Parhingr • The only larking is by the one employee Who dries an sdV and parks in- the skr from 8:00 a.m. to 5:00/ 5:30 p.m. G. Bernal effects • There is minimal activity during the day other than the 5-10 minutes to load and unload the vehicle in the morning and evening. • Noise.is limited to lawnmowers starling in the morning 2-3 days%week for 5 minutes and a grinder for 10-20 minutes 2-3 times a week H. Retail,Sales • No retail stales are done on the premises.. 24 Intraduclron For the past 3 or so years,_I_have been operating a lawn service under a minor occupation approval. The business has been getting bigger and I have taken on an employee. With this development, I wish to apply for a Major home occupation. The equipment is currently stored in the garage and under a tarp behind the garage. I have obtaineda permit to build a 16 x 24 fbot shed in the back yard which will hold most of-the equipment and eliminate the tarp behind the garage. Some of the equipment will be stored in the garage but will not interfere with the ability to park both vehicles. External E,� The Shed is not inconsistent_ with sheds that are currently in the neighborhood and will be maintained as such; see attached figure 3. No equipment will be stored outside the shed with the exception of a ladder, and a water-filled roller that attaches Behind a riding lawn mower. Both items will be-behind the shed-and shielded-fmm view with evergreen shrubs and trees. Normal daily activity of the business starts at 8:00 a.m. If the trailer is needed, it is retrieved from storage and brought back to the house. Both truck and trailer are loaded and we leave for the day. Four out of"five days we return and eat lunch at the house for 30-45 minutes, change equipment if needed and leave for the second half of the day. When the day is over we return to the house, unload the truck and trailer, the trailer is returned to storage and the truck returned to the house. As I cut several lawns in the neighborhood,the day would start with the hutting of the lawns in the neighborhood then loading up and leaving for the day. Periodically when work is finished early, maintenance is performed on the machines i.e. oil changing and filter,replacement, blade sharpening. There is noise produced when sharpening the blades. A grinding wheel is used to sharpen 6-9 blades normally taking approximately 15- 20 minutes to sharpen blades. The air compressor is on for 5 minutes or so at the same time as the grinding wheel and then shuts off automatically. The blade sharpening is dome normally twice a week around 4 or 5 o'clock. The oil changing is done once a month at best at the same time. 2"TAIIinq GharaORdEMOF The characteristics of the house and neighborhood will not be changed. There will be minimal visible signs of a business. The back yard will be greatly unproved as the lawn area will be increased; more ornamental flowers and shrubs will be planted to compensate for the loss of wooded greens that grew untamed in the back. Con�merria/_Trat�c Traffic in the neighborhood will not be increased as it is rare that I have deliveries for items needed to run the business. I normally pick up all items needed for the day the same day and return an extra. Pagel livery is limited to once or twice a year as replacement parts are only replaced when .something breaks and I need to repair item as soon as.possible, thus visiting a local power equipment store to acquire said item. 3 of 3 Sri' z i ��� __ � �• `,. �t-..i� t.� ���.��� 7� � �'€"'4g� fir.--� _ ��' AW < Kf- iv2 Rc�c�l �� �'.'� N S :��. .ice 4� - C S•`'�+�°`... Before 9 '' Figure 2 After NO O �x -� � * - � � �'-"1y�'• r� �F"� sir as�` i WNW " ar .- f% r } .a r TQ ELM , I MM mw �.. ON WININ i.+ — -1f $ ME MM Before Figure 1 After aS � Y.�sd+y k gY F� 0 Miss mm F Y Page 1 of 1 Banach, Marcia From: Reichle, Karl Sent: Friday, July 11, 2008 12:02 PM To: Banach, Marcia Cc: Lipe, Michele Subject: RE: Marcia, we spoke about a week ago and he sent me his insurance certificate and has begun to do what I had asked him to in my letter. I believe he will do what I have asked him to clean up the problem he caused and restore the area to my satisfaction. Karl From: Banach, Marcia Sent: Friday, July 11, 2008 9:23 AM To: Reichle, Karl Cc: Lipe, Michele Subject: Karl—Any response from Paul DeGiacomo re the destruction of open space behind 58 Edgewood? His application for a lawn care service will be heard by PZC Tuesday night. If we should hold open the public hearing & not take action on the application,we need to know before Tuesday night, ok?Thanks. Marcia A ganach,])irector of Planning Town of South Winclsor 1 540 Sullivan Avenue,South Windsor,CT 06074 860-644-25 1 1 ext 255 marcia.banachl-southwindsor.org 7/14/2008 Page 1 of 1 Banach, Marcia From: Reichle, Karl Sent: Wednesday, June 18, 2008 11:36 AM To: Banach, Marcia Subject: FW: Open Space on Cody Circle, Case Number P200801746 Marcia , Please see e-mail from PD to me Dated May 24. Michele had taken a call from one of the neighbors about this also. I will talk to you later in regards to this. Karl From: Cleverdon, Mark Sent: Saturday, May 24, 2008 7:31 PM To: Reichle, Karl Cc: Riggs, Richard Subject: Open Space on Cody Circle, Case Number P200801746 Director Reichle, I was dispatched to a complaint at Cody Circle regarding the open space in the corner of the neighborhood. We received a phone call from a neighbor stating that there was a small bull dozer that was moving dirt back and forth on the land. I spoke with the man, identified as Paul DeGiacomo, of 58 Edgewood Drive. Degiacomo was clearing out his land (which borders the open space)and moving the dirt onto an area in the rear of the open space. I spoke with DeGiacomo, who stated that he would move the dirt back onto his property. The case number is P200801746. Please advise if there is any further action that needs to be taken. Ofc Mark Cleverdon, 179 6/18/2008 Page 1 of 1 Banach, Marcia From: Banach, Marcia Sent: Wednesday, June 18, 2008 9:27 AM To: Reichle, Karl Subject: DeGiacomo,58 Edgewood Dr Hi Karl, In response to the in-house referral form for the above application for a major home occupation (which will come your way shortly), can you send me a brief report about what occurred in our open space that Mr. DeGiacomo is now being required to do restoration. PZC can help get what you need since we have an application. Marcia A banach,Director of Planning Town of`jouth Windsor 1 540 `juliivan Avenue,jouth Windsor,CT 0607+ 860-644-25 1 1 ext 253 marcia.banach(a southwindsor.org 6/18/2008 June 16, 2008 Mr. Paul DeGiacomo P. O. Box 1121 South Windsor, CT 06074 Dear Mr. DeGiacomo: In order to restore the Town of South Windsor's open space behind 58 Edgewood Drive you are require you to do the following: 1. Provide an insurance certificate as previously discussed naming the Town as additionally insured. 2. Remove all material deposited on Town owned open space and dispose at an approved facility. Provide me with the name of the facility and the weight slips after disposal. 3. Secure the services of a licensed arborist to repair the damage done to the Town owned trees. 4. Have the Arborist contact me before they perform any work with a plan and an insurance certificate. 5. In the wooded area that was disturbed plant(20) 1 gallon Ostrich ferns (Matteuccia struthiopteris) &(20) 1 gallon Color Flash Astilbies on the Town's property. 6. Rake/mix 1-2"of leaf compost into existing soil to be planted. 7. Seed the open area with 5 lbs. perennial rye grass seed& 51bs of Chewings fescue grass seed per 1000 sq. ft. 8. Water and maintain until all plantings and seeding until they are established. 9. All work will be completed no later than July 30, 2008. 10. The Town of South Windsor will inspect the work upon completion. 11. The Town of South Windsor will re-inspect the site May of 2009 and any dead plant material will be replaced. Sincerely, Karl Reichle Superintendent of Operations CC: Michael Gantick,P.E. Director of Public Works Marcia Banach, Director of Planning Mathew Galligan, Town Manager Stephan Lavigueur, Manager of Parks and Grounds Lt. Richard Riggs Officer Mark Cieverdon S010 N SE-4 D Cl) op S-0�a � 1540 SULLIVAN AVENUE.SOUTH WINDSOR, CT 06074 TELEPHONE(860) 644-2511 CERTIFIED MAIL 7007 1490 0000 3753 3043 JUIy 8, 2008 Mr. Paul DeGiacomo 58 Edgewood Drive South Windsor Ct 06074 Dear Mr. DeGiacomol: Re: Appl # 08-31 P, DeGiacomo Major Home Occupation Please be advised that the public Hearing of the Planning & Zoning Commission in the above referenced matter has been scheduled for Tuesday, Jul in the Council Chambers of the South Windsor Town Hall, y 22, 2008 at Avenue. application. Someone must be present at the hearing to represent the1540 Sullivan Avenue. One' sign advertising the hearing must be posted on the property for ten (10) consecutive days prior to the hearin Please have one si gand must be clearly visible from a town street.. gn posted on 58 Ed ewood Drive by June 27, 2008. Signs can be obtained in the Planning Department. Sincerely, Maria D. Acevedo Administrative Secretary COPY I S� qC �.- /o� apsiou.t� ?()&U&ot C,� ■ V �f w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 �OSoa•CO TELEPHONE(860) 644-2511 CERTIFIED MAIL 7007 1490 0000 3753 3029 June 26, 2008 Mr. Paul DeGiacomo 58 Edgewood Drive South Windsor Ct 06074 Dear Mr. DeGiacomo]: Re: Appl # 08-31P, DeGiacomo Major Home Occupation Please be advised that the Public Hearing of the Planning 8v Zoning Commission in the above referenced matter has been scheduled for Tuesday, July 8, 2008 at 7:30 in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue. Someone must be present at the hearing to represent the application. One sign advertising the hearing must be posted on the property for ten (10) consecutive days prior to the hearing and must be clearly visible from a town street. Please have one sign posted on 58 Edgewood Drive by June 27, 2008. Signs can be obtained in the Planning Department. Sincerely, -1 ," Maria D. Acevedo Administrative Secretary �pW N Sfq C • w� so� ap 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 SOR•c� TELEPHONE(860) 644-2511 Certified Mail 70071490 0000 3753 3210 July 31,2008 Paul DeGiacomo 58 Edgewood Dr. South Windsor CT 06074 Dear Madam/Sir: Re: Appl#08-31P,DeGiacomo Major Home Occupation We regret to advise you that on July 22, 2008 the Planning and Zoning Commission voted to deny the above referenced application for a permit to operate a lawn service at 58 Edgewood Drive. The Commission denied the application because the following performance criteria in section 7.11.3.B of the Zoning Regulations were not being met. 1. The occupation cannot create a volume of passenger or commercial traffic that is inconsistent with the normal level of traffic on the street. 2. All parking needs must be met on-site. 3. Businesses.that are prohibited include landscaping contractor businesses. 4. No external effects that are incompatible with the character of residential zones are allowed. Very truly yours, Patrick Kennedy, Chairman Planning and Zoning Commission PK/ma cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal