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Home My WebLink AboutApp15-31P CrossFit Brickyard PLANNING & ZONING COMMISSION _ APPLICATION FORM Application Number: _ 3 ` P1-MEN ]OMEPK/ 5' co Official Receipt Date: 01 LMAY 19 2015 Munis Application #: c;-0 t j Ud:75 /�� / L INDSOR PLANNING APPLICANT: 61:rmg �- `u G/l�S' /l PROJECT NAME:_Vfws I e�. COMPLETE LOCATION OF PROPERTY: mffU-1 W (`J J, OWNER OF RECORD ON LAND RECORDS: O 5'-'v 4T � 'SCA C� OWNER ADDRESS: f� 7 �Q��%�n W4)/ . G 7 �UCEO y GIS PIN # ZONE Z NAME, ADDRESS, TELEPHONE & EMAIL ADDRESS/ OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED 71-1 (J-t Crv3s-�IT�Y`� •�?�► Estimated presentation time:�l+'► y1 . } THIS APPLICATION IS FOR: (Check all that apply): ~ ` L '1 2 '�6 ❑ Zone Change to (Public Hearing and Certificate of Mailing Required) ❑ Open Space Subdivision/Resubdivision (Public Hearing and Certificate of Mailing Required) ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Subdivision �1 cl. I.> Ti►L. "' Rfu"C �I' h—) Special Exception to Table l- 1� (Public Hearing and Certificate of Mailing Required) ❑ Site Plan of Development ❑ New ❑ Modification Building(s) Sq Ft ❑ General Plan of Development ❑ Dept of Motor Vehicle License - State Hearing per Section 14-55 for ❑ Earth Filling (Sec. 7.6) and/or Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required) ❑ Regulation Amendment ❑ Zoning ❑ Subdivision -Attach proposed amendment (Public Hearing Required) ❑ Temporary and Conditional Permit (Public Hearing Required) for ❑ Temporary and Conditional Permit Renewal for ❑ Detached In Law Apartment or ❑ Accessory Apartment (Public Hearing and Certificate of Mailing Required) ❑ Major Home Occupation (Certificate of Mailing Required) for ❑ 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. Lcb, AA k A fbt-)� kf p licant Signature of Property Owner "' Print Name of Applicant Print Name of Property Owner Revised 2/2014 Narrative for CrossFit BrickYard at 85 Nutmeg Rd South CrossFit BrickYard has been an existing business for almost 3 years at 1161 John Fitch Blvd.in South Windsor Ct. We are looking to move our location just 1.1 miles down the road to 85 Nutmeg Rd South. The move is important because the business is out growing the current location. We will move from 6,000 sgft to 16,000 sgft. This will give the availability to offer more programs that can help serve the community. 85 Nutmeg Rd South is large enough for us to grow to our full potential and never need to move again. The only zoning regulation that is not met at the new location is the number of parking spaces. All activity at CrossFit Brickyard is dictated by a schedule of 1 hour long classes. At maximum potential,we would have no more than 28 members (maximum members per class) and 3 coaches at one time. During the day (5:30 am to 5:00 pm) we are able to space the classes out enough that there is no overlap of people leaving one class and coming to another class so the 59 parking spaces that we would have are adequate. After 5:00 pm the classes are closer together because that is when most people get out of work and are available to come so there is a potential for the parking space need to double for the number of members (28+28+3=59 spaces). Our current class capacity is 22,with 2 coaches and our parking lot holds 21 cars but we are allowed to use some parking next door at South Windsor Garage. At our busiest point I have counted 35 cars and that was only for a few minutes as people were coming and going between classes. We will have no adverse effect on the property, environment,traffic, utilities, drainage or any other uses in the area. We are only moving from 1.1 miles down the road so our effect on the community will remain what it is,positive and growing. We have never had a complaint or conflict with our neighbors and plan to continue with this rapport. With this larger space,we plan to create more jobs for local community members. We have started to hire high school students to work the front desk and will have a higher demand for this as we grow into this larger space. We have also received a state grant that requires us to hire full time employee. This will give us the availability to offer more classes. `Y 0 0 wo C :G S E E Y O p DC p� 4-J 4-j -° Men's W men's 0 o ffic S owe s Sh wer Men's Women's P> Bathroom Bathroom f f�. Workout Room #3 Office Closet Office ` m m � information, —a For delivery information,visit our website at www.usps.comO. ti ru POP 3P612CIAL US mPostage $ $0.49 0174 m Postage $ $0.49 0174 m Certified Fee $3.30 10 m Certified Fee $3.30 10 Postmark t Fee Postmark Return Receipt Fee $0.N Here C3 (Endorsement e t ReReturn quired)ed $0.00 Here C3 (Endorsement Required) q ) C3 Restricted Delivery Fee ${�. 0 Restricted Delivery Fee 0 (Endorsement Required) O (Endorsement Required) $0.44 ru nj rA Total Postage&Fees $ $3.79 ¢5/18/2415 rrq Total Postage&Fees $ $3.7`� 05/18/2015 rtirq ---- �_ I/U R� �� - Sent-- �� /�� CS/��/ /'/ ------ ------------------------------- C3 Street Apt.No., O Street&Apt.No., )� r%- --PO Box N-- �� or PO Box No. h I Ciry,S e,ZI--4 ` ------ City State,ZIP+4- -- ---A------- YYY��' SSS- ---------------- I�✓iN 6�y ate cT 676 PostalPS Form 3800,July 2014 See Reverse for Instructions U.S. Postal Service'm U.S. CERTIFIED MAILP RECEIPT CERTIFIED MAILP RECEIPT I. m Domestic . to Mail Only ru m m • MQEfiRF ru I E _ Fj 4031ALru (U Postage $ $0.49 4174 ru Postage $ $0.49 0174 � m m Certified Fee $3.30 10 m Certified Fee $3.30 10 m Postmark O Return Receipt Fee Postmark 0 Return Receipt Fee Here I= (Endorsement Required) $0.00 Here O (Endorsement Required) $0.00 Q p Restricted Delivery Fee Restricted Delivery Fee 0 (Endorsement Required) $a,�4 r (Endorsement Required) $Q.Qd rl.l ra Total Postage&Fees $ $3.79 05/18./2015 ru � Total Postage&Fees $ $3,7ti (}5/1$/ �15 N Sent To - - Sent To • • / Street&Apt.Na., /�l�Mo /-?u 1—----------------------------------- r� Q Street&Apt.No., /� or PO Box No. r --PO Box N-- /V __I✓GI r City State,2%P+4 l----------- ------------------------------------------- N ----O Bo - ---- r city tat,ZIP+4 � �,L � - y�3 „ _ cr. v 6 4-� Postal PostalCERTIFIED , o RECEIPT CERTIFIED ° o m Domestic Domesticonly m � T 7 ur website at wwwwsps.como. A I ritr-q •S8 W I 0 7r delivery information,visit• ru Postage $ $0.49 0174 'q $0.49 0174 m rtj Postage $ m certified Fee $3.30 10 Certified Fee $3.34 1 m Postmark Postmark C3 Return Receipt Fee 0 Return Receipt Fee $}.4Q Here O (Endorsement Required) $(},{}(j Here C3 (Endorsement Required) O Restricted Delivery Fee Restricted Delivery Fee ${}. r3 (Endorsement Required) $0.4a (Endorsement Required) ru t V i s r q Total Postage&Fees $ $+3.79 05/18/2015 rl Total Postage&Fees $ $3.7`' d�/18/.U � ru --- - ru Sent To�(��`r'��' �,tfP Sent oG lieJ t 1 (�..r.��ey------------ ------- Street&Apt.No., �(•tiJ� 1 {L r "SJY O or PO Box No. /(>� / '�,b __ir— Street&Apt.No., j✓t{� U ��// � or PO Box No. `� /Y�' ----------------------"' City,;Tate, IP+4 � ---------------- /', Ciry State P+ -� 6�lWb �/� t�(J7 May 18,2015 Dalene Hardwood flooring co 45 Nutmeg RD South Windsor CT, 06074 Dear Property Owner: 1315 J F Associates LLC Re: Zoning for 85 Nutmeg Road In accordance with Rules and Regulation of the Zoning Broad of Appeals,you are hereby notified that an application has been filed on the property abutting yours at 85 Nutmeg Road and is subject to a hearing by the Zoning Board of Appeals.The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments.You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 646-2511, ext.329. Sincerely, CrossFit BrickYard Gerry Matyschsyk 1161 John Fitch Blvd South Windsor, CT 06074 PAYMENT SUMMARY RECEIPT TOWN OF SOUTH WINDSOR 1540 SULLIVAN AVENUE SOUTH WINDSOR CT 06074 DATE: 05/19/15 CUSTOMER#: 000000000 TIME: 14:46 CLERK: laurenlz RECPT#: 20776413 PREV BAL: TP/YR: MS/2015 AMT PAID: 310.00 BILL: ADJSTMNT: EFF DT: 05/19/15 BAL DUE: PERMITS/INSP PAYMENT -----------------TOTALS----------------- PRINCIPAL PAID: 310.00 INTEREST PAID: .00 ADJUSTMENTS: .00 DISC TAKEN: .00 AMT TENDERED: 310.00 AMT APPLIED: 310.00 CHANGE: .00 PAID BY: MATYSCHSYK GERALD PAYMENT METH: CHECK PAYMENT REF: 1188 PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 5/20/15 TO: Matt Galligan, Fred Shaw, Michael Gantick, Rich Bond, Walter Summers, Jeff Doolittle Ray Favreau, Karl Reichle, 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 15-31P, CrossFit Brickyard Special Exception and Site Plan Location: 85 Nutmeg Road ® Site Plan ❑ Subdivision No. Acres 5 Zone I ❑ Industrial ® Commercial ❑ Residential No. Lots/Units Water: ® Public ❑ Private Well Sewerage: ® Public ❑ Septic System Project Description: Convert 16,000 sf use to as Personal Training Facility Future Town-owned property involved? ❑ Yes ® No ❑ new street(s) ❑ new detention area ❑ new open space/recreation area ❑ active ❑passive Planning Department notes: Narrative and floor plan available in the Planning Department Please comment by 6/2/15 and return to the Planning Department. Page 1 of 1 Lipe, Michele From: Lipe, Michele Sent: Friday, May 22, 2015 4:29 PM To: 'Karen Isherwood P.E' Subject: comments on 85 Nutmeg Road A couple things: Please address the adequacy of lighting on site, dumpster location and any upgrades being made to the site e.g. landscaping? ` The site is extremely sparse and would benefit from some new landscaping. Michele Michele R. Lipe, AICP Director of Planning Town of South Windsor South Windsor, CT 06074 (860) 644-2511, ext. 252 5/22/2015 Page 1 of 1 Zarambo, Lauren L. From: Buonanducci, Glenn Sent: Monday, May 25, 2015 12:43 PM To: Zarambo, Lauren L. Cc: Custer, Scott Subject: RE: Two In House Referral Forms No concerns for 15-30P. I will have LT. Custer reply to 15-31P. I do not expect any concerns. SGT. Buonanducci 156 This transmission is intended for the sole use of the individual or entity to whom it is addressed,and may contain information that is for official use only, law enforcement sensitive,privileged,confidential and/or exempt from disclosure under applicable law.You are hereby notified that any dissemination;distribution or duplication of this transmission by someone other than the intended addressee or its designated agent is strictly prohibited. If your receipt of this transmission is in error,please reply to the sender of this transmission. From: Zarambo, Lauren L. Sent: Thursday, May 21, 2015 4:21 PM To: Asselin, Ronald; Buonanducci, Glenn; Caldwell, John; Cofrancesco, Andrea; Doolittle, Jeffrey; Dougan, Christopher; Favreau, Raymond; Galligan, Matthew; Gantick, Michael; McGann, Sherry; Owens, Mark; Shaw, Fred; Summers, Walter Subject: Two In House Referral Forms Please find two attached In House Referral forms for: Appl. 15-30P, Julie's Barks & Bubbles Temporary & Conditional Permit Renewal, 1678 Ellington Road Appl. 15-31 P, Cross Fit Brickyard Special Exception Site Plan, 85 Nutmeg Road South Please forward any comments or questions to the Planning Department. Thank you, Lauren L Zarambo Planning Department Secretary Town of South Windsor 1540 Sullivan Avenue South Windsor, CT o6074 86o.644•25u ext 253 5/26/2015 C�WN Sfq t� Tov� o-P Sou.t�i V&U&C'3�lt 1540 SULLIVAN AVENUE SOUTH WINDSOR, CT 06074 f�Osoa•CO TELEPHONE(860) 644-2511 May 28, 2015 Gerry Matyschsyk CrossFit BrickYard 85 Nutmeg Road South South Windsor, CT 06074 Dear Mr. Matyschsyk: Re: Appl. 15-31P, Cross Fit Brickyard - request for a special exception to Section 7.13 and site plan of development to operate a personal training facility in approx. 16,000 sq ft of the existing facility, at 85 Nutmeg Road South, I zone Please be advised that the Public Hearing of the Planning & Zoning Commission in the above referenced matter has been scheduled for Tuesday, June 9, 2015 at 7:30 PM 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 meeting must be posted on the property for ten (10) consecutive days prior to the meeting and must be clearly visible from a town street. The sign must be posted on Nutmeg Road South by Saturday, May 30, 2015. Signs can be obtained in the Planning Department, Monday through Friday, 8:00 a.m. - 4:30 p.m. If you have any questions regarding this letter, please call 860-644- 2511, Ext 253. Sincerely, Lauren Zarambo Administrative Secretary Enclosure Page 1 of 1 Lipe, Michele From: Summers, Walter Sent: Friday, May 29, 2015 2:28 PM To: Lipe, Michele Cc: Dougan, Christopher; Mauldin, David Subject: 85 Nutmeg Road Michele, I inspected the building at 85 Nutmeg Road for the Crossfit zoning application. I have concerns about the condition of egress doors and sidewalks that serve those doors and the fire sprinkler system. Sidewalks and landings need to be improved and any handicap accessibility requirements for those egress points should be followed up with the Building Department. The fire sprinkler system is shut down and shall be made operational before occupancy. All other Fire Code issues will be addressed when stamped drawings are submitted for a building application and fire code review. Thanks Walter Summers, Fire.Marshal Mail: 1540 Sullivan Ave., South Windsor, CT., 06074 Office: 232 West Rd. 860-282-0669 Fxt I www.southwindsor.orb Please be advised that all emails to and from the Town of South Windsor are subject to FOI requests. This e-mail message is intended only for the named recipient(s) above. It may contain confidential information that is privileged or that constitutes official work product. If you are not the intended recipient, you are hereby notified that any use, dissemination, distribution or copying of this e-mail and any attachment(s) is strictly prohibited. 6/1/2015 ,74 1-)�) Narrative for CrossFit BrickYard at 85 Nutmeg Rd South CrossFit BrickYard has been an existing business for almost 3 years at 1161 John Fitch blvd.in South Windsor Ct. We are looking to move our location just 1.1 miles down the road to 85 Nutmeg Rd South. The move is important because the business is out growing the current location. We will move from 6,000 sqft to 16,000 sgft. This will give the availability to offer more programs that can help serve the community. 85 Nutmeg Rd South is large enough for us to grow to our full potential and never need to move again. The only zoning regulation that is not met at the new location is the lighting in the parking lot. There are currently 5 lights mounted on the building to illuminate the parking lot but only one of them is working. The other 4 will be replaced and light measurements retaken. If the lighting is still inadequate,there will be additional lighting added to meet the requirement. We will have no adverse effect on the property,environment,traffic,utilities, drainage or any other uses in the area. We are only moving from 1.1 miles down the road so our effect on the community will remain what it is,positive and growing. We have never had a complaint or conflict with our neighbors and plan to continue with this rapport. With this larger space,we plan to create more jobs for local community members. We have started to hire high school students to work the front desk and will have a higher demand for this as we grow into this larger space. We have also received a state grant that requires us to hire full time employee. This will give us the availability to offer more classes. RECEIVE ,�+��J 0 9"15 SOUTH WINDSOR PLANNING DEPT. t04 14 Qz X] 7 7 7 7 KA M U1 vwowna Ilk" 37A1.9-3917OH3YVA1 �Ad i1n, C/ IWO VE-CE1 V E D JUN 0 92015 WffH MNDSOR PLANNMG DEPT. Page 1 of 1 aru n 7 ,, r• " n SCHEDULE A A certain piece or parcel of land,with all the buildings and improvements thereon,situated within said Town,County and State known as No.85 Nutmeg Road, and being more particularly bounded and described as follows: A certain piece, parcel or tract of land,together with buildings and improvements thereon,situated in the Town of South Windsor, County of Hartford and State of Connecticut, on the east side of the highway known as route#5,being the southerly most five hundred (600)feet described on a certain survey entitled "Property to be conveyed to Hartwood, Inc. Nutmeg Road, South Windsor, Conn. Scale 1" -100' December 1960 F.Perry Close, Civil Engineer",which survey is on file in the office of the Town Clerk of South Windsor,as the map numbered 446A, reference thereto being had. Said premises are further bounded and described as follows: Beginning at a point in the west line of Nutmeg Road,which point is the northeast corner of land now or formerly of Hartmor, Inc.; thence running westerly in a line at right angles to Nutmeg Road,Three Hundred Fifty(350)feet to land now or formerly of the New York, New Haven &Hartford Railroad Company; thence running northerly along the east boundary of land now or formerly of said Railroad a distance of Five hundred (500)feet; running thence easterly in a line at right angles to the said east boundary of land now or formerly of said Railroad a distance of Three Hundred Fifty(350)feet; thence running southerly along the westerly line of Nutmeg Road,a distance of Five Hundred (500)feet to the place of beginning. Together with all right,title and interest, if any in and to the land now or formerly of The New York,New Haven and Hartford Railroad Company adjoining the premises on the westerly side thereof RECEIVED FOR Rf-CORD_ B��UI 3 AT l :p .s ,-n :lECOEP-D IN SO N CT 8Y `` TOWN CLERK Volume: 2345 Page: 284 File Number: 03720 Seq: 2 A 115-31P, CrossFit Brickyard J+A C PP Y PH 6-9-15 Planning Department Report 1. Request for Special Exception to Article 7.13 of the zoning regulations and site plan to allow a personal training facility in the existing building at 85 Nutmeg Road South, I zone. The business will occupy 16,000 sf. of the existing facility. 2. This site was the subject of a town foreclosure and the current owner has been making improvements to the property. The northern portion of the building had previously occupied, however the southern portion (referenced as Phase II) was approved in 1993, built however never inspected or given a Certificate of Occupancy. The site plan approval has since lapsed, so the owner will need to address that prior to its occupancy. 3. There are no significant exterior site improvements proposed with this application other than replacing non-functional lights, some additional line striping of parking spaces for handicap spaces and the addition of three street trees along Nutmeg Road frontage. 4. The applicant is proposing to be open daily and will begin at 5:30 AM and will run sporadically all day. How late will the facility stay open? 9 00_ ,ak rsu.-\� Y-A ) 5. Special exception criteria for indoor recreational use include: • The proposal is consistent with the goals and objectives of the Plan of Conservation and Development. • The application has met the requirements of the zoning regulations. • The land is physically suited to the proposed use. • Minimal, if any, adverse environmental impacts are created. • No traffic or other hazards will be created. • The impacts on the capacity of the present and proposed utilities, street, drainage systems, sidewalks, and other elements of the infrastructure will be minimal. • There will be minimal or no adverse effects on existing uses in the area. • Surrounding property values will be conserved. • The character of the neighborhood will be maintained or minimally disrupted. • The general welfare of the community will be served. • There is a balance between neighborhood acceptance and community needs. • Historic factors are adequately protected; or due consideration to preservation of historic factors has been demonstrated. 1 • The overall physical appearance of the proposed development is compatible with surrounding development and the Commission's goals for the neighborhood/corridor. • The architectural design is aesthetically pleasing and blends well into the surrounding area. The Commission may impose additional conditions in accordance with these regulations in order to ensure that all applicable criteria enumerated above are satisfied. 6. The indoor facility will have workout equipment in the large open area and a small office area, lounge changing area, handicap bathroom. Floor plans have been provided showing the layout of the space. 7. The parking requirement based on uses in the building for phase 1 is a total of 105 spaces. The parking requirement for this use is 60 spaces; 60 spaces have been provided. 8. The site is lit by building mounted lights. The applicant provided staff with current lighting levels that exists on the site, five mounted lights are present with four being non-functional. The applicant has agreed to replace the non-functional lights and evaluate the light coverage. He has agreed to upgrade the lighting as necessary. 9. The applicant should consult the Fire Marshal and Building Official regarding the proposed changes to the facility. A building permit will be required for the change of use. The fire marshal has indicated that the sprinkler system must be active before the space can be occupied. IO.The site is served by public water and public sewers. WPCA approval is required. 11.Any new sign would require a sign permit. If this application is approved, the Planning Dept has no additional modifications to request. 2 �Dy�N 8 4 a • �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 JYOsox•co TELEPHONE (860) 644-2511 CERTIFIED MAIL 70111570 0000 63371372 June 15, 2015 Gerald Matyschsyk CrossFit Brickyard 85 Nutmeg Road South South Windsor, CT 06074 Dear Mr. Matyschsyk: Re: Appl. 15-31P, CrossFit Brickyard request for a special exception to Section 7.13 and site plan of development to operate a personal-training facility in approx. 16,000 sq ft of the existing facility, at 85 Nutmeg Road South, I zone We are pleased to advise you that the Planning & Zoning Commission voted on June 9, 2015 to approve with modifications the above referenced application for a special exception to Section 7.13 and a site plan of development. This approval is for CrossFit Brickyard to operate a personal training facility in the existing building at 85 Nutmeg Road South, I zone, as shown on plans prepared by Isherwood Civil Engineering, dated 4/24/15 as revised. This approval is subject to the following modifications: 1. This approval is for a Cross Fit Brickyard Training to be located in the northern section of the existing building at 85 Nutmeg Road North as shown on the approved site plan. There is an as-built required and there may be additional approval needed prior to the use of the southern portion(the 1994 addition) can be utilized as industrial space. 2. Hours of operation of this CrossFit facility will be: Monday—Sunday 5:30 a.m. —8:00 p.m., Saturday and Sunday 8:00 a.m. — 1:00 p.m. 3. Pavement markings must be maintained in good condition throughout the site drives and parking areas. 4. All free standing signs and/or building signs require the issuance of a sign permit before they are erected. 5. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 6. A landscape bond in the amount of$1000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed. 7. All bonds must be in one of the forms described in the enclosed Bond Policy. 8. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority. 9. A building permit is required for the change of use. The fire marshal's office and building department must consulted regarding changes to the interior of the building and the specific building codes that must be to. The sprinkler system must be active prior to the use of the space. 10. The existing exterior lights must be repaired and in working order and lighting levels submitted to staff for review. In the event the levels are insufficient, additional lighting shall be added within parking areas and must be full cut-off, dark sky compliant. 11. The southern portion(referenced as Phase II) is not approved for occupancy. Since the site plan approval has since lapsed, a new approval is required prior to its use. A black and white transparent mylar of Sheet # 1 with the above modifications, together with three blueprint copies of the entire set of plans as revised must be submitted to this Commission within 30 days to be stamped and signed. The letter of approval of this Commission must be reproduced on the mylar. After the mylar has been signed by the Commission, it will be returned to you for filing in the Office of the Town Clerk. After filing these plans, a copy of the receipt must be submitted to the Planning Department. The attached Special Exception form must be completed and filed in the Town Clerk's office. The special exception will take effect upon filing. Sincerely, Bart Pacekonis, Chairman Planning and Zoning Commission BP/llz cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Health Department The Special Exception will take effect upon filing of this form. I, Bart Pacekonis, Chairman of the South Windsor Planning & Zoning Commission, hereby certify that on June 9, 2015 the Planning and Zoning Commission granted to Gerald Matyschsyk a Special Exception to Section 7.13 of the Zoning Regulations to operate a personal training facility in the existing building at 85 Nutmeg Road South, I zone, as shown on plans prepared by Isherwood Civil Engineering,Project 1084, dated 4/24/15 as revised. This approval is subject to the following conditions: 1. This approval is for a Cross Fit Brickyard Training to be located in the northern section of the existing building at 85 Nutmeg Road North as shown on the approved site plan. There is an as-built required and there may be additional approval needed prior to the use of the southern portion(the 1994 addition)can be utilized as industrial space. 2. Hours of operation of this CrossFit facility will be: Monday—Sunday 5:30 a.m. —8:00 p.m., Saturday and Sunday 8:00 a.m. — 1:00 p.m. 3. Pavement markings must be maintained in good condition throughout the site drives and parking areas. 4. All free standing signs and/or building signs require the issuance of a sign permit before they are erected. 5. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 6. A landscape bond in the amount of$1000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed. 7. All bonds must be in one of the forms described in the enclosed Bond Policy. 8. This approval does not constitute approval of the sanitary sewer, which can only be granted by the Water Pollution Control Authority. 9. A building permit is required for the change of use. The fire marshal's office and building department must consulted regarding changes to the interior of the building and the specific building codes that must be to. The sprinkler system must be active prior to the use of the space. 10. The existing exterior lights must be repaired and in working order and lighting levels submitted to staff for review. In the event the levels are insufficient, additional lighting shall be added within parking areas and must be full cut-off, dark sky compliant. 11. The southern portion(referenced as Phase II) is not approved for occupancy. Since the site plan approval has since lapsed, a new approval is required prior to its use. GIS Pin 65100085 Property Description: A certain piece or parcel of land, with all the buildings and improvements thereon, situated within said Town, County and State known as No. 85 Nutmeg Road, and being more particularly bounded and described as follows: A curtain piece, parcel or tract of land, together with buildings and improvements thereon, situated in the Town of South Windsor, County of Hartford and State of Connecticut, on the east side of the highway known as route #5, being the southerly most five hundred (600) feet described on a certain survey entitled "Property to be conveyed to Hartwood, Inc. Nutmeg Road, South Windsor, Conti. Scale 1" - 100' December 1960 F. Perry Close, Civil Engineer",which survey is on file in the office of the Town Clerk of South Windsor, as the map numbered 446A, reference thereto being had. ' Said premises are further bounded and described as follows: Beginning at a point in the west line of Nutmeg Road, which point is the northeast Corner of land now or formerly of Hartmor, Inc.; thence running westerly in a line at right angles to Nutmeg Road, Three Hundred Fifty (350) feet to land now or formerly of the New York, New Haven & Hartford Railroad Company; thence running northerly along the east boundary of land now or formerly of said Railroad a distance of Five hundred (500) feet; running thence easterly in a line at right angles to the said east boundary of land now or formerly of said Railroad a distance of Three Hundred Fifty (360) feet; thence running southerly along the westerly line of Nutmeg Road, a distance~ of Five Hundred (500) feet to the place of beginning. Together with all right, title and interest, if any in and to the land now or formerly of The New York, New Haven and Hartford Railroad Company adjoining the premises on the westerly side thereof OWNER OF RECORD: 85 Nutmeg Road South LLC Dated at South Windsor, Connecticut this 15`h day of June, 2015. In accordancewith CGS Section 8-3d Chairman Bart Pacekonis Planning&Zoning Commission Received for record this day of , 200 at South Windsor, Connecticut ATTEST: eel_ , CD (�9, 0 o2Z 0 TO BE PUBLISHED IN THE JOURNAL INQUIRER ----- - - -_ - --- - ------ --- ------- -SATURDAY,_JUNE_13,_ZO15 ------ --_ ---- --- -_ ---- - ----.-_ SOUTH WINDSOR PLANNING & ZONING COMMSSION At its June 9, 2015 Regular Meeting, the Planning and Zoning Commission voted to take the following actions: 1. Approved with modifications Appl. 15-31P, CrossFit Brickyard for a special exception to Section 7.13 and site plan of development to operate a personal training facility in approx. 16,000 sq ft of the existing facility, at 85 Nutmeg Road South, I zone 2. Approved with conditions Appl. 15-30P,Julie's Barks &Bubbles LLC for renewal of a two-year temporary and conditional permit to operate a doggie daycare and grooming business on property located at 1678 Ellington Road,RC zone 3. Approved release of certain bonds Bart Pacekonis, Chairman S�yJ N SE4 Town aps-oadt ?d&&'40t • w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 SOR•CO TELEPHONE(860) 644-2511 July 8, 2015 CEASE AND DESIST CERTIFIED/FIRST CLASS MAIL Eighty-Five Nutmeg Road South LLC 64 Amanda Way Tolland, CT 06084 Mr. Gerald Matyschsyk CrossFit Brickyard 85 Nutmeg Road South Windsor, CT 06074 LOCATION: 85 Nutmeg Road, South Windsor Please be advised that the following zoning violation has been witnessed on the above referenced property. TYPE OF VIOLATION: Operation of personal training facility in violation of the special exception approval. The facility is being operated without a building permit and without the fire marshal's approval and non-compliance with the zoning approval. Until the special exception form and mylar are filed in the Town Clerk's office, the special exception approval is not valid. The special exception approval required certain approval conditions to be met including obtaining all permits and approvals prior to operating the facility. CORRECTIVE ACTION REQUIRED: Immediately cease all personal training e t the Planning Department, all activities until final zoning plans are submitted o e a g p , building permits are received, the fire marshal determines that the facility meets the Fire Code, and a Certificate of Zoning Compliance and Certificate of Occupancy are issued. Your immediate attention to this matter is hereby required and directed. If you fail to comply, you may be subject to further enforcement proceedings and penalties in accordance with Connecticut General Statutes 8-12. You have the right to appeal this action to the South Windsor Zoning Board of Appeals within 30 days after service of this order on you, in accordance with Connecticut General Statutes 8-12. If you have any questions regarding this matter, contact me at 860-644-2511, ext. 251. Failure to comply with the terms of this notice immediately will result in the violation being entered onto the land records and referral to the Town Attorney for legal action. Sincerely, /t MM ..J �G-..(!I r G Pamela A. Oliva, CZEO Zoning Enforcement Officer cc: Director of Planning Fire Marshal Chief Building Official Town Attorney BOND TRANSMITTAL DATE: July 9, 2015 APPLICANT NAME Constantinos Constantinou 85 Nutmeg Road South LLC ADDRESS 64 Amanda Way Tolland, CT 06084 PROJECT LOCATION/ADDRESS LOT 85 Nutmeg Road South SUBDIVISION/PROJECT CrosSFit Brickyard P&Z OR IWA/CC APPLICATION NUMBER 15-31P AMOUNT OF BOND _$_1,000 Landscape CHECK NUMBER 1514 DEPARTMENT PLANNING SUBMITTED BY Lauren Zarambo _7/9/15 NAME Q DATE PROCESSED BY FINANCE 7//0/ /S NAME DATE SUB ACCOUNT NUMBER Soo o 0-1/ L/ MUNIS APPLICATION 201500552 WAPlanning Admin\PZC\Bonds\2015 Bonds\15-31P CrossFit Brickyard BondTrans.doc PERMITS/INSP PAYMENT RECPT#: 20783807 TOWN OF SOUTH WINDSOR 1540 SULLIVAN AVENUE SOUTH WINDSOR CT 06074 DATE: 07/09/15 TIME: 13:28 CLERK: laurenlza DEPT: CUSTOMER#: 0 PARCEL: CHG: BONDPL BOND FEE - PLAN 1000.00 AMOUNT PAID: 1000.00 PAID BY: CROSSFIT BRICKYARD PAYMENT METH: CHECK 1514 REFERENCE: AMT TENDERED: 1000.00 AMT APPLIED: 1000.00 CHANGE: .00 SOW N SFco 70� 01P S-0� ?d&U&Ot w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 t�48OR•CO TELEPHONE (860) 644-2511 July 14, 2015 Gerald Matyschsyk CrossFit Brickyard 85 Nutmeg Road South South Windsor, CT 06074 RE: WPCA Approval CrossFit Brickyard- Appl. #15-31P, 85 Nutmeg Road South, South Windsor, CT Dear Mr. Matyschsyk: The South Windsor Water Pollution Control Authority, at its regular meeting of July 7, 2015, approved the change in the use of the property to operate a personal training facility in approximately 16,000 sq. ft. of the existing facility, at 85 Nutmeg Road South, South Windsor, CT; and as more specifically shown on plans entitled"Site Plan,Prepared for Crossfit Brickyard, 1325 John Fitch Boulevard, South Windsor, Connecticut"; Prepared by Isherwood Civil Engineering, South Windsor, CT; Project No: 1084, Dated: April 24, 2015, Sheet C-1. Sincerely yours, Ric rd Aries, Chairman Water Pollution Control Authority RA:ead cc: Michael J. Gantick, Director of Public Works Jeff Doolittle, Town Engineer ✓Michelle Lipe, Town Planner Chris Dougan, Chief Building Inspector Page I o Lipe, Michele From: Gerald Matyschsyk[gerry.matyschsyk@gmail.com] Sent: Tuesday, July 14, 2015 11:35 AM To: Lipe, Michele Subject: CrossFit BrickYard parking lot usage request Michele, I would like to request the use of 85 Nutmeg rd South parking lot for CrossFit BrickYard until the CO is obtained. This request is for 7/15/15 though no later than 8/3/15. During this time, all classes will be held between sunrise and sunset. The fire marshal has approved usage of the bathrooms until the CO is finished. The excersise area will be roped off with caution tape to be separate from the area used for parking. I have talked with our neighbors (Capewell) and they have to objection to us using the parking lot as long as we are not on their property. I have submitted a drawing to show how the area would be configured. Gerry Matyschsyk CrossFit BrickYard Owner and Head Coach Address: 85 Nutmeg Rd. South (Parking lot) South Windsor, Ct. 06074 Phone#: (646)784-6430 Email: gerry�a.crossfitbrickyard.com 7/14/2015