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Home My WebLink AboutBolduc ZEO Appeal Oz/20/2007 TUE 12:47 FAX860 644 7280 South Windsor Town Hall 0002/006 Leh C�irU C�i'1 TOWN OFSOUTH WINDSOR Application# 0��09 3 fO q APPLICATIONFOR Date We (� ZONING BOARD OFAPPEALS Receipt# IMPORTANT- This application must be submitted to the Planning Department by the second Thursday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED, 1. The application and supplements must be filed in duplicate, typed or printed in ink. 2. A Class D or better survey of the property in question must be submitted with the application showing streets, lot lines, building lines, zone boundary lines, dimensions, and buildings present or proposed and buildings on adjacent properties and distance from subject property. 3. If a variance is being requested, a legal description and deed of the property must be submitted with the application. This description can be obtained from the land records. 4. The sign from the Planning Department must be displayed on the property at least 10 days prior to the public hearing in a location visible from all abutting streets. • The applicant, or a representative must be present for the public hearing. The time, date and place of the hearing will be advised by mail, • Inquiries on this application maybe directed to the Plamting Department at the South Wmdsor Town Hall. 5. No application shall be a complete application unless it shall be in such form and contain such information as necessary for a fair detemvnation of the issues. Incomplete applications may be denied. -may 1. Applicant: Norman Bolduc 2. Mailing Address: c/o Lewis K. Wise, Esq. Rogin Nassau, CityPlace I, 22nd Floor-, Hartford, CT 06103-3460 3. Telephone#: 860-278-7480 4. Owner of record of property in question: Norman Bolduc 5. Location of property in question: 297 Pleasant Valley Road Assessor's Map# 33 Parcel# 35 zone Industrial 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). No- MINI, 02/20/2007 TUE 12:48 FAX 860 644 7280 South Windsor Town Hall U003/006 7. Please indicate if the applicant is owner,lessee, or prospective tenant: Owner 8. Check one of the following: Request Variance to Section of the Zoning Regulations to allow State hearing under Section of the General Statutes for An appeal from the Zoning Officer's decision involving See attached. 9. IS this a request for a sign variance? If yes, complete and submit the sign checklist information. 10. If application is for a variance to Section 3.12, are there any liquor outlets within the restricted area, (500 feet)? YES or NO If yes, submit a list of liquor outlets, their locations and distances from the property in question. 11. Is this property within 500 feet of another town line? No. 12. Is this property within the Connecticut Water Aquifer area? Yes or No. If yes, application must be tiled with the Connecticut Water Company by the applicant. 13. If requesting a variance state clearly the unusual hardship or exceptional difficulty on the property that prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if necessary. N/A I hereby declare thatthe data&information contained herein is accurate to the best of my knowledge. Dated this / of Al)t/S ( Year -,Zog , Applicant: _ nx tgnature) OWNER: � ✓II.L, (Signature) Approved: Denied: Revised 12/04/98 ATTACHMENT TO TOWN OF SOUTH WINDSOR APPLICATION FOR ZONING BOARD OF APPEALS This is an appeal by Norman Bolduc from an Enforcement Order of the Zoning Enforcement Officer, Joy O'Connor, dated July 11, 2007 ("Order"). The Order demands the removal of certain trucks bearing the name "Kay's Trucking, Inc., East Hartford, CT" on their sides from a parking area visible from a public roadway. The Order is attached hereto as Exhibit A. As explained in the attached letter from counsel for the respondents, attached hereto as Exhibit B, the Order is without any legal merit. As a consequence, the Zoning Board of Appeals should reverse the Order. IZO G I N NAS SAU City Place I,22nd Floor 185 Asylum Street Hartford,Connecticut 06103-3460 Attorneys at Law T& 860.278.7480 Fax: 860.278.2179 ROGIN,NASSAU,CAPLAN,LASSMAN&HIRTLE,LLC www.roginlaw.com LEWIS K. WISE RECEIVED Iwise@roginlaw.com October 22, 2007 OCT,2 4 ZOU7 SOUTH WINDSOR P(A NNING DEPT. Zoning Board of Appeals Town of South Windsor ATTENTION: Joy L. O'Connor,ZEO 1540 Sullivan Avenue South Windsor, CT 06074 Re: Kay's Trucking, 297 Pleasant Valley Road,Enforcement Order dated July 12, 2007 Dear Ms. O'Connor: By this letter, my client,Norman Bolduc of Kay's Trucking, Inc., hereby withdraws the appeal of your July 12, 2007 Enforcement Order currently pending before the Zoning Board of Appeals. My client is withdrawing this appeal in light of the settlement we have reached regarding the issues raised by the Enforcement Order. Thank you for your cooperation in resolving this matter. 1wis truly, ise LKW:pgl cc: Norman Bolduc W.T.blicTWis .y's Tmeking=7 South Windsor Zoning\Correspondence\O'Connor 10-22-2007.doc SpµN SF9 I V� V/ si VAN ✓ S � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 soR-cod= TELEPHONE (860) 644-2511 July 11, 2007 Certified/First-Class Mail Lewis K. Wise Rogin, Nassau, Caplan, Lassman & Hirtle, LLC City Place I, 22"d Floor 185 Asylum Street Harfford, CT 06103-3460 LOCATION: Town of South Windsor - 297 Pleasant Valley Road Box Truck Parking Dear Attorney Wise: This letter is in reference to my Enforcement Order, dated January 25, 2007, which made reference to box trucks, with "Kay's Trucking Inc. East Hartford, Cr written on the sides, visible from Route 5. I hereby withdraw this Enforcement Order and re-issue it effective July 12. The additional time is to give your client, Mr. Norman Bolduc, time to work with staff to resolve the zoning violation. Please inform your client. Your cooperation in this matter is appreciated. If you have any questions regarding this, I can be contacted at 644-2511, ext. 251. incerely, tln'Connor Zoning Enforcement Officer cc: Director of Planning Town Attorney ' S OWE S" �^ TTou o-pS-ou V&U/&;;c s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 f�OSoe.CO TELEPHONE (860) 644-2511 ENFORCEMENT ORDER To:Norman Bolduc July 12, 2007 233 Carter Street Manchester, CT 06040 Pursuant to the authority vested in me by the Zoning Regulations of the Town of South Windsor, Connecticut, you are hereby ordered and directed within ten (10) days of the date hereof, to discontinue and/or remedy the violation and condition at premises identified as: PROPERTY ADDRESS: Town of South Windsor-297Pleasant ValleyRoad (Asses. Map #33, Block#35)owned and/or occupied by you, which is in violation of the said South Windsor Zoning Regulations. An investigation of the subject premises by this office discloses that the following conditions presently exist: 1. Existence of box trucks on the property, with "Kays Trucking Inc. East Hartford, CT"written on the sides, visible from Route 5. The box trucks with advertising on the sides, visible from a public roadway, are considered portable signs and are not allowed under our regulations In addition, there does not appear to be an approved site plan on file for the property showing this area as a truck parking/storage area. These conditions violate Section 17.8.8 Signs in Industrial Zone;3.15 Commercial and Industrial Storage and Section 8.1 Site Development Plan of the South Windsor Zoning Regulations (attached). Your immediate attention to this matter is hereby advised and directed. If you fail to comply with this order, you may be subject to further enforcement proceedings and penalties in accordance with Connecticut General Statutes 8-12, a copy of which is attached. You have the right to appeal this action to the South Windsor Zoning Board of Appeals within 30 days after the service of this order on you, in accordance with Connecticut General Statutes 8-12. oy ;J onnor Zoning Enforcement Officer CC: Director of Planning Town Attorney 06/01/07 12:19 FAX ROGIN,NASSAU [a002 R )GIN NAS SAU 185 As I,22nd Floor 185 Asylum Sueec Hartford,Connecacur 06103-3460 Attorneys at Law TeL 86o.278.7480 Fax:860.278.2179 ROGIN,NASSAU,CAPLAN,LASSMAN&HIATLF,LLC www_rogiiilaw.com Lewis K.Wise lwise@roginlaw.com June 1, 2007 VIA FACSIMILE AND REGULAR MAIL Zoning Board of Appeals Town of South Windsor ATTENTION: Joy L.O'Connor, ZEO 1540 Sullivan Avenue South Windsor, CT 06074 Re. Kay's Trucking/Norman Bolduc/297PIeasant Valley Road Dear Ms. O'Connor: My client is still in the process of retaining a landscape architect with respect to the above-referenced matter. As we have discussed,hopefully a landscape plan may form the basis for settling this appeal. Since under C.G.S. § 8-7d. the hearing cannot be postponed until the ZBA's next meeting on July 12, 2007, we request that, instead,the hearing be opened on June 7 h and immediately continued to the July 121h meeting. Thank you for your cooperation. /;L truly, Wise LKW:pgl cc: Norman Bolduc w.v.maou.w�+K-r.T.,,1* 1007S.thwindwr de, Ro City I,22nd Ploor 185 Asylum Street G I N NAS SAU RECEIVED T-Iartford,Connecticut I 06103-3460 Attorneys at Law Tel: 860.278.7480 1ax;-860.278.2179 APR z 5 2007 ROGIN,NASSAU,CAPLAN,LASSMAN&HIRTLE,LLC www.roginlaw.com SOUTH WINDSOR PLANNING DEPT. LEWIS K. WISE IWISe@roginlaW.com April 23, 2007 VIA FACSIMILE AND REGULAR MAIL Zoning Board of Appeals Town of South Windsor ATTENTION: Joy L. O'Connor, ZEO 1540 Sullivan Avenue South Windsor, CT 06074 Re: Kay's Trucking/Norman Bolduc/297Pleasant Palley Road Dear Ms. O'Connor: As I informed you today, my client is in the process of retaining a landscape architect with respect to the above-referenced matter. We hope to be able to provide you with a landscape plan which hopefully will form the basis of a settlement of this appeal. By this letter, my client hereby consents to a thirty-day extension of the time within which the ZBA hearing must commence pursuant to the provisions of C.G.S. § 8-7d. Thank you for your cooperation. Yours e ly, is K. Wise LKW:pgl cc: Norman Bolduc WTublic\LWise\Kay's Tmcking@007 South Windsor ZoningNCoo pondenceNO'Connor 0423-2007Auc RNCityPla I,2 etFl oorU 1mor" H nnecucut 06103-3460 Attorneys at Law Td: 860.278.7480 Fax:860.278.2179 ROGIN,NASSAU,CAPLAN,LASSMAN&HIRTLE,LLC www.roginlawxom LEwis K.WISE (wise@roginlaw.com February 8, 2007 VIA FACSIMILE AND REGULAR MAIL Ms. Joy L. O'Connor Zoning Enforcement Officer Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re. Enforcement Order, 297Pleasant Valley Road Dear Ms. O'Connor: As you know, I represent Kay's Trucking, Inc. and its owner,Norman Bolduc. This is in response to your Enforcement Order dated January 25, 2007 ("Order"). 1. The Order states that the box trucks with the name "Kay's Trucking, Inc." written on the sides which are parked in an area visible from Route 5 constitute portable signs which are not allowed under the zoning regulations. The trucks in question are all registered vehicles which are used in my client's business. As such, they are expressly permitted under Section 17.8.8(g)which prohibits signs painted on vehicles parked and visible from the public right-of-way"unless said vehicle is used in the normal day-to- day operations of the business." 2. The Order states that the parking of the box trailers violates Section 3.15 of the zoning regulations which prohibits the "storage, displaying, dumping or disposal of any material outside of a building . . . if visible from any public way street . . . " The parking of a company's trucks does not constitute the outside storage of"material" or else numerous parking areas visible to the street would be in violation of this section. 3. The Order states that the parking of the box trailers violates Section 8.1 because there is no approved site plan on file showing the area as a truck parking area. Section 8.1 states that: No building permits shall be issued in any zone for any use other than for single- family dwellings in an approved subdivision or on an approved building lot, unless site development plans, prepared in accordance with these regulations, have been approved by the Planning and Zoning Commission and have been filed in the Office of the Town Clerk. No Certificates of Occupancy shall be issued unless the requirements of these plans have been fulfilled. W\PublicV.WiseVCay's TmckingM07 South Windsor Zoning\Correspondence\O'Connor 02-0 -20W doc ROGIN,NASSAU,CAPLAN,LASSMAN&HIRTLE,LLC Page 2 February 8, 2007 We believe that this area has been used for the parking of trucks since the late 1950s/early 1960s when the first buildings were erected on the property for the Seaboard Lumber business which predated Kay's Trucking. These buildings were all constructed pursuant to validly issued building permits. As a consequence, the parking area in question is a nonconforming use which is protected by C.G.S. § 8-2. In reviewing this situation, it is important to remember that when the parking use was established,the parking area was screened from the road by a dense row of trees. However, in the late 1990s, these trees were cut down by either the town or the state, rendering the area visible from the street. As I explained to you on the phone, the town filed an enforcement action against my client in 2000 with respect to the same issues. After discussing the matter with me, the town attorney decided not to pursue the case which was then dismissed. As explained above, I do not believe the Order has any merit. If you decide to pursue the matter, my client intends to appeal the Order to the Zoning Board of Appeals. I look forward to your response. Thank you for your consideration. Yours v y truly, / ,Lewis K. Wise LKW:pgl cc: Norman Bolduc W Nubli.EWkeW.y-s T.eking\2007 Sourh Windsor Zoning\Comspondence\O'Connor 02-06-2007 doe JFV-29-2007 12:0e FROM:KAY'S TRUCKING,INC• 860+291.+2622 T0:860 278 2179 P.2/5 W z � (.Jy- s"di 1540SULLIVAN AVENUE. SOUTH WINDSOR, CT 06074 TELEPHONE(860) 644-2511 s ENFORCEMENT ORDER (Certified Mail/First Class Mail) TO.'Norman Bolduc 233 Carter street January25, 2007 Manchester, CT 06040 Pursuant to the authority vested in me by the Zoning Regulations of the Town of South Windsor,Connecticut, YOU are hereby ordered and directed within ten (10) days of the date hereof,to discontinue and/or remedy the violation and condition at premises identified as: PROPERTY ADDRESS: Town of Southwlndsor-297P/easantva//eyRoad (Asses Map#33, Black#35)owned and/or occupied by you, which is in violation of the said South Windsor Zoning Regulations. An investigation of the subject premises by this office discloses that the following conditions presently exist: 1. Existence of,or trucks on the property, with 'Kay'& Trucking Inc East h'artfOrd, C'multen on the sides, visible from Route S. The box trucks with advenrs/ng on the sides, visible from a public roadway, are rnnsldera?d portable signs andare not allowed under our regulations In addition, there does not appear to be an approved site plan on file for the propertysho hem this area as a truck parking/storage area. These conditions violate Section 17&8 Signs inlndustnalZone;3.15- Commercial and Industri71Stor79e and Section 8.1 1Site Development plan of the South Windsor Zoning Regulations (attached). Your immediate attention to this matter is hereby advised and directed, If you fail to comply with this order, you may be subject to further enforcement Proceedings and penalties in accordance with Connecticut General Statutes 8-12, a copy of which is attached. You have the right to appeal this action to the South Windsor Zoning Board of Appeals within 30 days after the service of this order on you, in accordance with Connecticut General Statutes 8-12. Y :9 onnor CC: Director of Planning - Town Attorney zoning Enforcement Officer 297 Pleasant Valley Rd Kay's Trucking, Inc--East Hartford EXHISITA Pam>K ` � i ��4rf rum*'^. ��•��r��,"� ��a �{"r"�i� �'t'��r r'"� {1 /y r � t 5' sR' Z > �', 3 e r r {� 4� ! l r s i 2 . ♦ t+G" b.. a�� r 1 , u r 1 1. 10 l Lt ri f i � 'p Syi ,ye F Y.. lY ONION ms � Awn ,._,_,h� �� x � � All AI \^g < l 06/13/2007 �y A x3 L FFl1 ��n { $ r h i 06/13/2007 N, PROPERTY OF ANDERSON BROS. REALTY CO., INC. d' PLEASANT VALLEY ROAD �L! SOUTH WINDSOR, CONN. SCALE: I INCH 40 FEET DEC., 1976 PETERSEN 6 HOFFMAN q r LAND SURVEYORS a SUCCESSORS TO SPENCER 8 WASMBU RH, INC. � � �•J�(J-�/�" �' L 11� PLEASgNT hl �o 91 � qL V LEY IW �r O �I J .,,o ROAD oa Vl A c J eUll01HC UNE 1 Q , ❑ z Q J Q 0 U Q r F cc N J YI z ^ Q e w W 0 h U I 0 z z Eo z 0 0: la w z z L`L Q 15 / 1 HEREBY CERTIFY THAT THIS MAP 15 • �' I SUBSTANTIALLY CORRECT, AND CONFORMS TO CLASS A•2 OF THE CONN, TECHNICAL COUNCIL CODE. p oe qe . . 22J.42- ��• N/F '%. 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