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HomeMy WebLinkAboutApp13-54P Pleasant Valley Landscaping TOWN OF SOUTH WINDSOR �. PLANNING &ZONING COMMISSION APPLICATION FORM i3-51 Application Number: SQUTNW)Nt? 3# z CA Official Receipt Date. CAD Munis Application #: l 0 j 7U APPLICANT: a PROJECT NAME: P ^ COMPLETE LOCATION OF PROPERTY:' OWNER OF RECORD ON LAND RECORDS: e OWNER ADDRESS:' L GIs PIN # 007 �t ZONE_— 8s EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED NAME, ADDRESS, TELEPHONEn ik Estimated presentation time: e THIS APPLICATION IS FOR: (Check all that apply): Certificate of Mailing Required) (Public Hearing and Certif . ❑ Zone Change to and Certificate of Mailing Required) Subdivision/Re subdivision (Public Hearing ❑ Open Space - ❑ Minor ❑ Major ❑ Subdivision El,Major ❑ Re subdivision (Public Hearing Required) Minor ❑ Conditional Subdivision (Public Hearing and Certificate of Mailing Required) ) ❑ Special Exception to Table�--- Building(s) Sq Ft ❑ Site Plan of Development ❑ New ❑ Modification ❑ General Plan of Development per Section,l4-55 for ❑ Dept of Motor Vehicle License -'State Hearing p ❑ Earth Filling(Sec. 7.6) and/or Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required) Zoning `❑ Subdivision - Attach proposed amendment (Public Hearing Required) Regulation Amendment ❑ for Temporary and Conditional Permit (Public Hearing Required) Temporary and Conditional Permit Renewal for and Certificate of Mailing Required) ent or❑ Accessory Apartment(Publi ❑ Detached In Law Ap artm c Hearing f Mailing Required) for Major Home Occupation (Certificate o Other (explain in detail)_ ired o be *An Application Pending Sign is requ posted on the property for all applications ten (10) days ing heard by the Commission. prior to be Si atur gof P o rt Owner Revised 07/2013 Signat of PP c t Record and return to: William and Martha Aman 878 Strong Road South Windsor, CT 06074 LICENSE AGREEMENT THIS AGREEMENT is made and entered into by and between William E. Aman and Martha M. Aman, with an address of 878 Strong Road, South Windsor, Conn. (hereinafter referred to as "Aman") and Thomas M. Lovett, Jr. and Lisa S. Lovett, with an address of 44 West Road, South Windsor, Conn. (hereinafter referred to as "Lovett"). STATEMENT OF FACTS A. Lovett is the owner of property known as 44 West Road, South Windsor, Conn. ("Lovett Property"). B. Aman is the owner of property known as 878 Strong Road, South Windsor, Conn. adjoining the Lovett Property immediately South of Aman. C. Since approximately 2003, Lovett's driveway has encroached upon property of Aman and Aman has given permission for Lovett to maintain and to use a portion of Aman property for such driveway usage. D. Aman and Lovett acknowledge this permissive use and Lovett agrees to waive any claim of adverse possession or prescriptive rights over property of Aman. E. The parties desire to set forth their agreement regarding Lovett's continued use of the driveway. IT IS AGREED: 1. Lovett agrees and acknowledges that their prior use of the driveway has always been pursuant to the consent of Aman. 2. Lovett disclaims any interest in the property used by Lovett by operation of adverse possession, adverse use or otherwise. 3. Aman grants Lovett a revocable license to use the driveway for ingress and egress by foot or vehicle, for their own non-commercial use, and for their family, guests, business and social invitees as follows: The area of the license is from the northwest corner of 44 West Road, proceeding north along West Road for 50 feet, then heading east 125 feet to a point, then southerly 50 feet to a point, then westerly 125 feet to the northwest corner of 44 West Road. All dimensions are approximate and all angles are parallel with one another. 4. Lovett agrees not to cut any trees or make any permanent improvements or alterations to the driveway or adjacent property of Aman without written consent from Aman. 5. Lovett agrees to, and shall, indemnify, defend and hold Aman harmless for all liabilities, suits, actions, claims, expenses and costs including attorneys fees arising out of the use of the driveway by Lovett, their family, guests, business and social invitees. This indemnity shall survive any termination of the license. 6. Lovett, at their sole cost and expense, shall maintain general liability insurance which will provide coverage for Lovett's interest in and use of the driveway on Aman's property and, upon request, shall provide Aman with a certificate evidencing insurance. 7. The parties agree that this license can be revoked at any time upon SIXTY (60) days written notice for any reason at the sole discretion of Aman, or upon any transfer of the property by Aman, whichever is earlier. 8. This license shall run with the land and shall be binding upon the parties hereto and their respective heirs, successors and assigns. Signed on this �day of November, 2013. Witnessed By: William E. Aman Martha M. Aman STATE OF CONNECTICUT) ) ss. % to wd-<QL COUNTY OF HARTFORD ) The foregoing instrument was acknowledged before me this q9' day of November, 2013 by William E. Aman and Martha, M. Aman, who acknowledged the same to be their free act and deed. Commissioner of the Superior Court Notary Public Witnessed By' f C� r( - T ma M. L v Lvru Lis ove STATE F CONNECTICUT) ) ss. COUNTY OF HARTFORD ) The foregoing instrument was acknowledged befo me thisJO day of November, 2013 by Thomas M. Lovett, Jr. and Lisa eft, who acknowledged the same be their free act an ee . lam7a (I f% ommis ' r of the Superior ou Notary Public LORIANN BOUCHARD NOTARY PUBLIC State of Connecticut My Commission Expires August 31,2018 1 " %, "I - '�,, '... �,, � , � ,,����, -'. -, �I,1�,'I;I -I ",,.;I��,-,.�,�.� �l,A I 1,, . ,�-, .I�,;,�,J���,::,�m,',���'�,,���,��", ;,,,.,o,-,1, 1 , ,:�� �,�.�,v,�V I,,�!-,... ,,�,, �r, , .: , 5,� `�,��� . , .., I. ��:� i*.� �,, "� �� ." , .� ,12,1�n,,��. �,�,,, ,��,�,,�,'��.�,� ,�.-, -,,�. ,, ,,, ,�,--,�,,,- , , ,��,���, 1,� . .,, .,. . ,�, , , - ,� ?,."-,,I'V'�."I��,�,Y�,'MAWWQI, ,.�,� '—. ..,,— - I " �t � 41 I� ; "I , � , , �;:-,;.��,�t,����"-�,,,,�l,,,-*,,����,Z,�", SUMMARY- RECEIPT .&�.,!E 6 .I - REC-E,-I�.�.;P'--''T ' ,„, �, �t6wk OF' SOUTHwl�Oi, 154V"� 1LLI :�VBNIA a w SO T4, I"A, C ,F06b 74 Y -X-i ;,.V . , , .�,,:�- 1 -�1 � ;- .:' DATE: ,11701/1 CUSTOMER#- lb0000060 ; �. 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I ..........,,,,,,,,,, � PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 11/25/13 TO: Matt Galligan, Fred Shaw, Michael Gantick, Rich Bond, Walter Summers, Jeff Doolittle Ray Favreau, Mark Owens, Chris Dougan, Sherry McGann, Ron Asselin, John Caldwell, Dennis Sheridan FROM: Michele Lipe, AICP, Town Planner The Planning&Engineering Departments have received plans for the following projects: Appl 13-54P, Lovett Major Home Occupation renewal dba Pleasant Valley Landscaping Location: 44 West Road ® Site Plan ❑ Subdivision No. Acres 2.3 ac Zone RR ❑ Industrial ❑ Commercial ® Residential No. Lots/Units Water: ❑ Public ® Private Well Sewerage: ® Public ❑ Septic System Project Description: Renewal of a 5 year MHO -landscaping business Future Town-owned property involved? ❑ Yes ®No ❑ new street(s) ❑ new detention area ❑ new open space/recreation area ❑ active ❑passive Planning Department notes: Please comment by 12/6/13 and return to the Planning Department. Town ap Soam V O C y � �c 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 f�Osox co�'� TELEPHONE (860) 644-2511 CERTIFIED MAIL 7011 1570 0000 6337 4373 January 15, 2014 Mr. Tom Lovett Pleasant Valley Landscaping 44 West Road South Windsor CT 06074 Dear Mr. Lovett: Re: Appl# 13-54P, Lovett dba Pleasant Valley Landscaping Major Home Occupation We are pleased to advise you that the Planning& Zoning Commission voted on January 14, 2014 to approve the above-referenced application for a 5-year Major Home Occupation permit for a landscaping business known as `Pleasant Valley Landscaping', on property located at 44 West Road, RR zone. This approval is subject to the following conditions: 1. The business must be operated by the homeowner. 2. The permit will expire on September 23, 2018, and will have to be renewed at that time. 3. Refuse from the business cannot be disposed of with residential refuse. Adequate arrangements must be made for business refuse disposal. 4. There is no outdoor storage of material nor disposal of material permitted on site. 5. A paved driveway apron must be constructed within the street right-of-way. A street cut permit is required prior to paving. Very truly yours, PLANNING&ZONING COMMISSION Bart Pacekonis, Chairman BP/llz cc: Zoning/Wetlands Enforcement Officer Superintendent of Pollution Control Chief Building Official Assessor Fire Marshal Town Engineer Lovett Home Occupation- Public Hearing 9/23/08 i. This is an application for a renewal of a 5-year major home occupation for a landscaping business, at 44 West Road, RR zone. The original permit was granted in 2003 and renewed in 2008 (expired in Septmeber). The lot size is about 2.3 acres. 2. The Commission should note that today a landscaping business cannot be proposed as a major home occupation, but this property is grandfathered. 3. The applicant's original narrative defined the scope of the business. He indicated that all landscaping equipment used in his business is stored in the barn to the rear of the property. The only activity on-site is the departure and arrival of the trucks at the beginning and end of the day. The hours of operation are generally 7:30 am— 5:00 pm, Monday through Friday and Saturday's on occasion. 4. The reasons for requiring PZC approval and subsequent renewals 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. s. We have not received any complaints regarding this business during the 5 years it has been in operation. The applicant has indicated that there is one other employee involved in the business. The regulations allow for a two square foot sign, however he does not have any signage. There is no outdoor storage of material, and all vehicles are stored in the barn. 6. If this application is approved, the planning department would like to see a paved driveway apron installed within the street right-of-way. The applicant would also be required to return to this Commission upon expiration of the 5-year permit period.