HomeMy WebLinkAboutZoning Enforcement Letters (3) i
SpW N SE4
Y
Tio_� O-P s-o� ?d
1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
So c•c° TELEPHONE (860) 644 2511
NOTICE OF VIOLATION
April 26, 2017
CERTIFIED/FIRST CLASS MAIL
Alvarez Associates, LLC
223 Nutmeg Road
South Windsor, CT 06074
Location: 223 Nutmeg Road, South Windsor
Dear Mr. Alvarez:
AA Landscaping has been operating out of 223 Nutmeg Road for several
years, without previously obtaining a Certificate of Occupancy (CO), in
violation of Section 9.1 .3C of the Town of South Windsor Zoning
Regulations. A recent drive past your facility also shows that you are
operating in violation of your approved site plan.
You had applied for site plan approval for your landscaping business to
be located at 223 Nutmeg Road, South Windsor in 2011 . In granting the
approval, the Planning & Zoning Commission (PZC) required that an as-
built drawing be submitted prior to the issuance of the CO. A review of
our files does not find such a drawing was ever submitted.
The site plan submitted to the PZC indicated that vehicle storage would
occur in a single row along the front of the property, with storage bins
lining the rear of the site. It appears that your site is currently filled with
vehicles and equipment.
CORRECTIVE ACTION REQUIRED: Submit the required as-built plan and
bring the site into compliance with the approved site plan by May 12,
2017.
Your immediate cooperation in this matter is appreciated. If you have
any questions, please contact me at (860) 644-2511, ext. 251 .
Sincerely,
Pamela A. Oliva, CHO
Zoning Enforcement Officer
cc: Director of Planning
,,*N Sf4
a v
w� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
SOR-CO TELEPHONE (860) 644-2511
ENFORCEMENT ORDER
June 14, 2017 CERTIFIED/FIRST CLASS MAIL
Alvarez Associates, LLC
223 Nutmeg Road
South Windsor, CT 06074
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 the
violation and condition at the premises identified as:
PROPERTY ADDRESS: 223 Nutmeg Road, South Windsor, CT, owned and/or
maintained 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 condition presently exists:
1. Operating without a Certificate of Occupancy
This condition violates South Windsor Zoning Regulations Section
9.1.3C►ssuance of Zoning Permits and Zoning Certificates of Compliance,
which requires the submission of a certified as-built plan prior to obtaining
a Certificate of Occupancy.
2. Operating in violation of the approved site plan
This condition violates South Windsor Zoning Regulations Section 8.5D.2
Approval of Site Plans, which requires any substantial changes in facilities
obtain additional approval of the Commission.
You must submit a certified as-built plan of the facility and bring the site
into compliance with the originally approved site plan immediately.
Your immediate attention to this matter is hereby required 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.
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.
�, a �a
Pamela A. Oliva, CZEO
Zoning Enforcement Officer
cc: Director of Planning
SOWN st4
x Tlov� O-P S_ot� U&
C.{ U
S �
1540 SULLIVAN AVENUE a SOUTH WINDSOR, CT 06074
soa.co TELEPHONE (860) 644-2511
ENFORCEMENT ORDER
August 25, 2017
CERTIFIED/FIRST CLASS MAIL
Alvarez Associates, LLC
223 Nutmeg Road
South Windsor, CT 06074
PROPERTY ADDRESS: 223 Nutmeg Road
This Enforcement Order is in response to various correspondences
between you and Town Officials regarding the need for you to submit the
revised as-built plan required to obtain the Certificate of Occupancy for
your business as well as bringing your site into compliance with the
approved site plan.
South Windsor Zoning Regulation Section 9.1.3C requires the submission of
a certified as-built plan prior to obtaining a Certificate of Occupancy.
Section 8.5D.2 requires any substantial changes in facilities obtain
additional approval of the Commission.
As of the date of this Order, there has been no revised as-built received
by the Town of South Windsor, nor has the site been brought into
compliance with the approved site plan. This is a violation of the above
referenced zoning regulations, which are attached.
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 violations and conditions at the premises identified as 223
Nutmeg Road. 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.
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.
Pamela A. Oliva, CZEO
Zoning Enforcement Officer
cc: Director of Planning
ARTICLE 8—ZONE CHANGE,SPECIAL EXCEPTION,&SITE PLAN STANDARDS&PROCEDURES
Section 8.5 Site Plan Standards and Procedures
A. Applicability
Site Plan approval shall be required for the following:
1. All special exception uses(excluding Accessory Apartments);
2. All uses in non-residential zones;
3. Other uses as specified in these regulations.
B. Application Submission Requirements
1. Applications for Site Plan approval shall include the following:
a. A Key Map complying with Section 8.6.1 Standards for Key Maps;
b. A Site Development Plan complying with Section 8.6.2 Standards for Site Plans; and
c. Plan and Profile Drawings (when streets are proposed)complying with the requirements of
the Town of South Windsor Public Improvement Specifications Manual.
2. Individual sanitary sewage disposal systems shall be subject to the review and approval of the
town's Environmental Health Officer.
3. Phasing: Insofar as the development of some sites may be best undertaken in phases, applications
may be submitted for each individual phase or for the development in its entirety. Every phase
shall be capable of independent existence without the completion of additional phases.
C. Public Hearing
The Commission may hold a public hearing regarding any site proposal if, in its judgment, the specific
circumstances require such action. Notice of public hearings and procedures shall be as prescribed by
statute.
D. Approval of Site Plans
The Commission may approve, approve with modifications, or deny a site plan. Upon approval, the fol-
lowing procedures shall be followed:
1. The applicant shall file, at his expense, in the Office of the Town Clerk,one set of the plot plans
which have been approved by the Commission. No plan may be recorded or filed by the Town
Clerk until approval has been endorsed thereon by the Commission;and the filing or recording of
a plan without such approval shall be void.
2. Any substantial changes in facilities or uses to that approved in the Site Development Plan appli-
cation shall require additional approval of the Commission.
E. Minor Modifications to Site Plans
Technical and minor revisions to an approved site plan, which do not substantially alter the approved
plan, at the direction of the PZC Chair, may be approved by the Director of Planning, with consultation
of other relevant Town staff,when proposed changes are limited to landscaping;parking;drainage;grad-
ing; erosion and sedimentation controls; signage; or building additions or additional structures that are
less than 25 percent of the floor area of the principal building not to exceed 5,000 square feet.
Page 8-4
r ARTICLE 9—ADMINISTRATION AND ENFORCEMENT
? 9.1.3 Issuance of Zoning Permits and Zoning Certificates of Compliance
The following procedures are to be followed relative to the issuance of Zoning Permits and Certificates
of Zoning Compliance for applications which have been granted site/subdivision plan approval:
A. Prior to the building of any structure on an approved site or lot,the developer shall provide a topog-
raphic map, drawn to a scale of 1" = 40', showing proposed contours and either basement floor or
slab floor elevation, as well as demonstrate compliance with these regulations. No Zoning Permit
shall be issued until the proposed contours and floor elevations have been approved by the Town En-
gineer.
B. No Certificates of Zoning Compliance shall be issued until grading plans have been complied with
and accepted by the Town Engineer. If, for any reason, finished grading and other site work is not
completed, the Town Engineer shall determine the amount of a cash bond to ensure final grading and
site work. This cash bond shall be submitted prior to issuance of a Certificate of Zoning Compli-
ance.
C. Upon completion of construction, the developer shall submit as-built drawings. Certificates of Zon-
ing Compliance will not be issued until such as-built drawings have been submitted. These plans
shall contain all of the information required for site plan approval, as well as the following informa-
tion:
1. Utility Locations: The location of all sanitary sewer lines and manholes, water gates, gas gates,
hydrants, utility poles,underground utilities, sidewalks, storm sewers, signs, etc., shall be given.
The size of water mains,gas mains,sanitary sewers and storm sewers shall be indicated.
2. Agreement with Approved Plans: All of the information shown on the final plans shall be recon-
firmed as to location and elevation.This information shall be re-plotted on the as-built drawings.
3. Certification by Professional Engineer and Land Surveyor: These plans shall carry the following
statement, signed by a registered Professional Engineer, and a registered Land Surveyor when
appropriate:
"The information shown on this plan has been verified in the field as to location, elevation, and
completeness. The following listed items are the only deviations from the original plans ap-
proved by the Planning and Zoning Commission:
■ (List)
■ (Signed&Stamped)"
D. The as-built plans shall be submitted as 2 sets of blueprints. Plans are to be submitted to the Town
Engineer.
Section 9.2 Recording of Variances and Special Exceptions
No variance or special exception granted according to these regulations shall be effective until a copy of
the variance, special permit, or special exception, certified by the Planning and Zoning Commission, or
Zoning Board of Appeals,whichever is applicable,is filed in the Town Clerk's Office in accordance with
State Statutes.
1
Page 9-2
SOW N Sf4
F I�C)��t/I .. ��C7►Z�C�2 �Ll/
C-1 ti
1540 SULLIVAN AVENUE SOUTH WINDSOR, CT 06074
f�OSOR-CO TELEPHONE (860) 644-2511
CEASE AND DESIST
September 29, 2017
CERTIFIED/FIRST CLASS MAIL
Alvarez Associates, LLC
223 Nutmeg Road
South Windsor, CT 06074
LOCATION: 223 Nutmeg Road
Please be advised that the following zoning violations have been witnessed on
the above referenced property.
TYPE OF VIOLATIONS: Operating a business without obtaining Certificate of
Occupancy in violation of Section 9.1.3C Issuance of Zoning Permits and Zoning
Certificates of Compliance, and operating in violation of an approved site plan in
violation of Section 8.5D.2 Approval of Site Plans.
CORRECTIVE ACTION REQUIRED: Immediately bring the site into
compliance with the approved site plan and obtain a Certificate of
Occupancy or cease operations on the site.
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.
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.
Sincerely,
Pamela A. Oliva, CZEO
Zoning Enforcement Officer
cc: Director of Planning
Town Attorney
SpW N Sfq
719u� O-P site(./G ? .
O
1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
f�OSOR-CO TELEPHONE (860) 644-2511
CERTIFIED/FIRST CLASS MAIL
November 29, 2017
Alvarez Associates, LLC
223 Nutmeg Road
South Windsor, CT 06074
Re: 223 Nutmeg Road
Dear Mr. Alvarez;
Beginning in April of this year, there have been numerous attempts to
have you bring your site into compliance with the Town zoning
regulations. On September 29, 2017 you were issued a cease and desist
order, requiring immediate action.
To date, nothing has been submitted to this office. If this site does not
have a Certificate of Occupancy and is not operating in compliance with
an approved site plan by December 15, 2017, a caveat will be placed on
the land records. In addition, the file will be given to the Town Attorney for
legal action.
Sincerely,
Pamela A. Oliva; CZEO
Zoning Enforcement Officer
cc: Director of Planning
SAWN Sf4
C�
Tio� C-! S_a� ?d&U&Ot
G D
a
s �
w� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
�l�OSOR•Co TELEPHONE (860) 644-2511
February 28, 2018
Alvarez Associates, LLC
223 Nutmeg Road
South Windsor, CT 06074
Re: 223 Nutmeg Road
Dear Mr. Alvarez:
The Engineering department and Planning department have reviewed the as-built site plan
you submitted on January 16, 2018. The plan you submitted has addressed several of the
Engineering department's concerns, but it still is inaccurate and shows operations in violation
of the approved site plan.
The following items still need to be addressed on a site plan:
l . Produce easement right to drain onto 255 Nutmeg Road;
2. Add green space to the site in accordance with approved site plan;
3. Correct impervious coverage on site-it appears to exceed the maximum allowed
65% (highly compacted soil is not considered pervious);
4. Remove material and equipment currently stored over the property line,
5. Bring equipment storage and product storage into compliance with the approved site
plan.
These items must be addressed by March 16, 2018, or a caveat will be placed on the land
records and the file will be forwarded to the Town Attorney for legal action. Call me at (860)
644-2511, extension 251 if you have any questions.
Sincerely,
r
Pamela A. Oliva, CHO
Zoning Enforcement Officer
cc: Director of Planning
S0\4N Sf4
M U Sou. ?&U,&�It
M. 1540 SULLIVAN AVENUE SOUTH WINDSOR, CT 06074
Aprl 0 0 2018 TELEPHONE (860) 644-2511
Certified/First Class Mail
Alvarez Associates, LLC
223 Nutmeg Road
South Windsor, CT 06074
Re: Continuing zoning violation
Dear Mr. Alvarez:
This letter is in reference to the Cease and Desist Order issued on
September 29, 2017, an Enforcement Order issued on August 25, 2017 and
a Notice of Violation issued on April 26, 2017 regarding the operation of a
business in violation of the approved site plan and without obtaining a
Certificate of Occupancy. Please be advised that this continues to be a
zoning violation.
The South Windsor Planning Department has placed a Caveat in the land
records stating that a zoning violation exists on this property (see attached
document). This has been issued due to the failure to come into
compliance with the Zoning Regulations.
This Caveat will remain in place until the zoning violation has been
satisfactorily resolved. Once the violations have been corrected, you will
be responsible for picking up the Caveat Release form from this office and
filing it with the Town Clerk's Office. Please be aware there is a fee
associated with filing the Release form.
The site history has been forwarded to the Town Attorney for possible legal
action.
Sincerely,
Pamela A. Oliva, CZEO
Zoning Enforcement Officer
cc: Director of Planning
Town Attorney
r
NOTICE OF ZONING REGULATIONS CODE VIOLATIONS
The Town of South Windsor hereby gives notice to all persons of Zoning
Regulations violations on property owned by: Alvarez Associates I.I.C.
Which property is located at: 223 Nutmeg Road, South Windsor, CT 06074
Said property being more particularly bounded and described in an
instrument recorded in Volume 2189 at Page 85 of the Town of South
Windsor Land Records, reference to which is hereby made.
The violations pertain to the following sections of the Regulations:
1. Section 8.5D..2 Approval of Site Plans, which requires any substantial
changes in facilities or uses to previously approved site plans to
obtain additional approval from the Commission.
2. Section 9. 1.3C Issuance of Zoning Permits and Zoning Certificates of
Compliance, which requires a business to obtain a Certificate of
Occupancy prior to operation of the business.
The particulars of said violations are more specifically as follows:
1. Operating in violation of an approved site plan, and
2. Operating a business without obtaining a Certificate of
Occupancy.
Dated at South Windsor, Connecticut this 11 th day of April, 2018.
TOWN OFSOUTH WINDSOR
By: (�-�� Q�� G/. a�el
Pamela A. Oliva, CZEO
Zoning Enforcement Officer
r
I
The foregoing was acknowledged this 11 th day of April, 2018 at South
Windsor, Connecticut, before me:
C
C-4
Public
My Commission Expires:
BOijN,1E L.; STRONG
FF,tl X�QtJ I.C•$��1 I S FEO.28,2023
¢ r
US L
`F