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HomeMy WebLinkAbout2830-19 Eagle Auto DMV M 0 N srQ` TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS MOTOR VEHICLE LICENSE LOCATION APPLICATION SOR-C ZBA Application Number: -Q-630 -) j _ Munis Number: d©)ci 003)LA- New Car Dealer Used Car Dealer --Z— General Repairer Limited Repairer APPLICANT (please print): Name: L.+ 9 6 1 0� Address: Telephone: PROPERTY OWNER (please print): _ Name: 9; tz,�-4 C A M a Address: \j 0 i R-4 Telephone: U-0 -7 1. i 4b -2� SITE Name/Address: K>v `Sad+ \" �c�1 �?j1-�?` L-L ZONE: GIS PIN: LI77af.5a,5- South Windsor Planning & Zoning Commission site plan approval date: 3 �w *Attach a copy of the approval to this application. APPLICANT SIGNATURE: r DATE: PROPERTY OWNER SIGNATURE: DATE: g I ' Submission Requirements: Site Plan in accord`cnce showing the requirements for the Department of Motor Vehicle licensing. �ii Application Fee: $190.00 (Check to be made payable to the "Town of South Windsor") ACTION OF BOARD: Approved/Date Denied/Date Rev.119119 LEASE AGREEMENT THIS AGREEMENT is between JOHN PITCH 1505, LLC, a Connecticut limited liability company having a mailing address of 50 Volpi Road, Bolton, Connecticut ("Landlord") and EAGLE AUTO COLLISION CENTER, LLC, a Connecticut limited liability company having an office and place of business at 105 Edwin Road, Unit 16, South Windsor, Connecticut 06074 ("Tenant") . IT IS AGREED ARTICLE I Premises and. Term Section 1.1 - Description of Leased Premises. The premises leased by the Landlord to the Tenant (Leased Premises) are known as 1505 John Fitch Boulevard, South Windsor, Connecticut (described on �."Lb% � A) excluding the so--called Recovery Area in said Schedule A together with and subject to that certain utility & Access Easement and Reciprocal Sign Easement, a copy of which is annexed hereto as Schedule B. Section 1.2 - Term. The term of this Lease shall be for a period of five (5) years. It shall commence at 12:01 a.m, on the first day of March, 2019 and shall terminate on the last day of February, 2024 . ARTICLE II Rent Section 2.1 - Base Rent. The Tenant shall pay to the Landlord an annual Base Rent in the amount of Forty-Eight Thousand ($48, 000.00) Dollars which shall be payable in advance in equal monthly installments of Four Thousand ($4,000.00) Dollars due and payable on the Commencement Date and on the first day of each month thereafter. Section 2.2- Real Pro ert Taxes. In addition to the Base Rent payable under Section 2.1, the Tenant shall pay as additional rent (Additional Rent) all increases in real property taxes (including expenses directly incurred by Landlord in contesting the validity of, in seeking a reduction in or in seeking to prevent an increase in such taxes or assessments) levied or assessed on the'Leased Premises in excess of the annual amount of taxes based upon the October 1, 2018 Grand List, so-called, as determined by the Town of South Windsor. Tenant shall pay such Additional Rent to the Landlord on a monthly basis in an amount which is equal to 1/12ch of such increase together with the payment of Base Rent. Should any governmental taxing authority, acting under the present or future law, ordinance or regulations, levy, assess or impose a tax, excise or assessment (other than an income or franchise tax) upon or against or in any way relates to the Leased Premises referred to in this Section, either by way of substitution for or in addition to any existing tax on land and buildings or otherwise, the Tenant shall be responsible for and shall pay to the Landlord, as additional rent, such tax, excise or assessment. incurred for investigation, clean---up costs, remediation, losses relating to interruption or cessation of operations and expenses or fines relating to applicable environmental laws, filing fees, attorneys' fees and Licensed Environmental Professional fees. B. Tenant has full authority to enter into this Lease, and no other person, firm or corporation need join in the execution .of this Lease to make Tenant's execution complete or appropriate. Each party shall indemnify and hold the other harmless for and on account of any and all loss, damage, cost, expense and attorney fees arising out of or relating to any breach of any of the foregoing representations and warranties. Such loss, damage, cost, expense and attorneys' fees shall include but shall not be limited to those incurred for investigation, clean- up costs, remediation, losses relating to interruption or cessation of operations and expenses or fines relating to applicable environmental laws, filing fees, attorneys' fees and Licensed Environmental Professional fees . The representations, warranties, indemnifications and hold harmless contained in this Article shall survive the termination of this Lease. Section 18.13 - Successors. This Agreement shall be.binding upon the parties, their heirs, successors and assigns. Signed this day of February, 2019. WiTNES1ED;f / TENANT: iff • EAGLE AUTO COLLISION CENTER, LLC ��) 1 S i, r' ,Y �'t '1;...5..s.y 't�, .fie".—•t. 1.... _ �a Ana N. Rodriguez, Member LANDLORD: JOHN FITCH 1505, LLC - '' By ' A olu F ank Amodio, Member GUARANTY In consideration of the execution of the within Lease by the Landlord, at the request of the undersigned and in reliance of this Guaranty, the undersigned do hereby jointly and severally guarantee unto the Landlord, its 19 i 'towN 8 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 °soa•co�'� TELEPHONE(860)644-2511 CERTMED MAIL 7011 1570 0000 63371938 March 24,2016 John Fitch 1505, LLC c%Mark Peterson. Gardner&Peterson Associates,LLC 178 Hartford Turnpike Tolland, CT 06084 Dear Mr.Peterson: Re: Appl. 16-13P,John Fitch 1505,LLC Site Plan of Development We are pleased to advise you that the Planning & Zoning Commission voted on March 22, 2016 to approve with modifications the above referenced application for a Site Plan of Development. This approval is for a 8,200 sq ft building to be used for automotive repairs, on property located at 1505 John Fitch Boulevard (northerly of Kimberly,Drive), I zone, as shown on plans prepared by Gardner & Peterson Associates, LLC, project# 10600 dated January 25, 2016 as revised. This approval is subject to the following modifications: 1. Prior to commencement of any site work, a meeting must be held with Town Staff. 2. No building permit will be issued until the final mylars have been filed in the Town Clerk's office. 3. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission,including bonds in the amount of$5,000 to ensure proper placement and maintenance of erosion and sediment controls and$5,000 for the installation and maintenance of the stormwater structures. 4. A landscape bond in the amount of$5000 is required and must be submitted prior to the issuance of a certificate of occupancy if work is not completed. 5. All bonds must be in one of the forms described in the enclosed Bond Policy. 6. An as-built plan is required prior to issuance of a Certificate of Occupancy per Section 9.1.3 of the Zoning Regulations. 7. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 8. This approval does not constitute approval of the sanitary sewer,which can only be granted by the Water Pollution Control Authority. 9. The building street number must be included on the final plan. 10.Pavement markings must be maintained in good condition throughout the site drives and parking areas. 11.All free standing signs and/or building signs require the issuance of a sign permit before they are erected. 12.If a State Traffic Commission certificate is required,no building permits will be issued until the certificate has been issued(per CGS §14-311). 13.Engineering comments dated 3/16/16 must be incorporated into the final plans. Black and white transparent mylars of the Sheet #1 and 2 and Easement Plan Sheet 1 with the above modifications,together with three blueprint copies of the entire set of plans with live signatures and raised seals (including architectural elevations and landscaping plans) must be submitted to this Commission to be stamped and signed. The letters of approval of this Commission as well as the Inland Wetlands Agency/Conservation Commission and the Water Pollution Control Authority must be reproduced on the mylars. After the mylars have been signed by the Commission,they 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. Sincerely, Gary Bazzano,Chairman Planning and Zoning Commission GB/Ilz cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal 1505 JOIN F1TCH BLVD, LLC Francis J Amodio 50 Volpi Rd Bolton, Cr 860-716-4182 1 Att: Pamela Oliva,ZFO Town of South Windsor 1540 Sullivan Avenue South.Windsor, CT 06074-2786 860-644-2511 x203 Please withdraw the motor vehicle location application submitted for Ernesto and Steven Aulet,app # 2828 Mullis# 201900127. Issue an application for that location to: Eagle Auto Collision owner,Aiia Rodriguez. Thank you. Francis Amodio eznailed to:parnela.ohva@soutliwinclsor.org Thompson, Donna From: Cliff Thier <cliffthier@thierlaw.com> Sent: Wednesday, March 6, 2019 2:51 PM To: Oliva, Pamela Cc: Lipe, Michele;Thompson, Donna Subject: Motor Vehicle License Location Application Re: Motor Vehicle License Location Application Pamela A. Oliva, CZEO Zoning Enforcement Officer 1540 Sullivan Avenue South Windsor, CT 06074 Ms. Oliva: The South Windsor Planning Board of Appeals has before it an application from Ana Rodriguez/Eagle Auto Collision Center, LLC. This application, to be taken up at the Board's meeting tomorrow evening, identifies the site address as 1505 John Fitch Boulevard, LLC. I represent Recovery Auto Collision, LLC the rightful and sole tenant of all of the premises at 1505 John Fitch Boulevard, South Windsor, Connecticut. I have contacted the landlord/owner's attorney to resolve this confusion and am waiting to hear back. I request that the Board postpone its consideration of the application for 30 days so that the issue of rightful tenancy is resolved. Thank you for your consideration. Clifford Thier Attorney at Law Clifford S. Thier, Esq. Thier Law Offices, LLC 1007 Farmington Avenue West Hartford, CT 06107 860.236.2600 Telephone NSF ACK, L.L.C. #1519 JOHN FITCH BOULEVARD (VOL 1171 PC.288) 'ONE"GC" EXISTING BUILDING FF=72.05 at Xm KEY MAP 1"=1000' 7yrJII da \ .°'"�i' i Z\ .A "I'A NIF A G&R REAL ESTATE, LLC I . 44 KIMEERLY DRIVE�. ' ) I (VOL. 1727 PI ZONE "I" 17 zf—, IL 0 Iry 0 KIMBERLY DRIVE -114f I.NIG-1— ""C"'rxRovcx 2-11-211.1—ISM —.1,ll,­ cr Lou "=..'.I—KING..--...Cl C——,— C RC—C'C-1 1— RIRI—I- LEGEND 2. 1—ILAR.1.11.U— 11.5 E— OEVATgX CR—11...I,RR -- .—R MRRLNCL SA. IDGL PA UDn th, ­— !r a AR".[ �� h 1\ 1.xAA '11-7 LACATIM 3LI—V F—SID$17. —1—C —IG joHR_9 15o l5D5 D I ...D.I. "W, V CUR. L.OR— IMPROVEMENT LOCATION SURVEY .......... —ROASISWzuolE ——— fvL RECORD DRAWING _ERSM CCIAC-I 5 30RTR WI—M.MIRIEpnrz CTIM WMR 2ol I ar i.1 xD.—L— CLLIll—f 0 PREPARED FOR JOHN FITCH 1505, UC D IDI —­MMER Ic.—5— AC 1505 JOHN FITCH BOULEVARD(AKA)CONN.ROUTE 5 T.—KC. DI N F 11 1!,Rl ,'—T.A-1H. .R C— '" ..I' SOUTH WINDSOR, CONNECTICUT .—RE I -922-115S. APPLICANT; John Fitch 1505, LLC GARDNER do ASSOCIATES. LLC s NEVIBIONS 5�ORD — LC LEE AND50 Volpi IkQed ELLIEF, 3.1t.., CT 06C43 T 17OLLAND.CONNECTICUTTURNPIKE p ............ 48601636-3982 By ATE KEY MAP 1"=200' " N0.D_ _.,.I �.EET, ,', ate- \�����`��� k'�`� ', -`. she 7f,� .• �.. • } J e /tL�1 f- ,f VA -„ Ir 7 =1�. ) -'.1 • f- i r i-��'.t �r�t..x. �r ..� �f°;'i± 4 !. �'-x4°f ,•; ING elk /r(�yc(Y� ��: Yy T '-.�: 7 rZJ 'i/i;` A •,�^, r � �� .t )t f 41�- 192.23 '•C 1." r r' � nri mot,1 .i.. — � j' �- - I ;.r ;Za `1 p ' .0 y, ; :4 �v jy; �1''' �• ; 7 , " �,�... --r _ '' y.•' , • kk � ,t ,^�" •�., ,� ; ,�,.: � �` i ,�:.•' ,, 4 III f� ��,�._,��• :�;>o! ��'�, S!�C'. I.s•" F "�:?c�''lrr�fid y .� y� �. 5 ,,�y t ^:) I ? '.,�y� .r . 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G 1 S AO*N sFA U Tiov� ale S-0� V&U&Iat • �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 soe•co�� TELEPHONE (860) 644-2511 February 21, 2019 Eagle Auto Collision Center, LLC Attn: Ana Rodriguez 95 Sherwood Drive East Hartford, CT 06108 RE: Application #2830-19 - DMV Licensing 1505 John Fitch Blvd Dear Zoning Applicant: This is to notify you that the above named application to the South Windsor Zoning Board of Appeals will be heard on Thursday, March 7, 2019 at 7:30 p.m. in the Madden Room of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor. Someone must be at the hearing to present the application. If you have not already done so, two (2) signs should be obtained from the Planning Department at the South Windsor Town Hall and must be posted no later than Sunday, February 24, 2019 for at least 10 consecutive days, up to and including the day of the meeting. The signs must be placed in locations visible from John Fitch Blvd and Kimberly Drive. Very truly yours, �. mo`C-1hory Donna Thompson Recording Secretary .•1 ti 1.540 SULLIVAN AVENUE SOUTH WINDSOR, CT 06074 SO -cc�`` TELEPHONE (860) 644-251i CERTIFIED 970171450 00013280 6751 April 8,2019 Ana Rodriguez Eagle Auto Collision Center, LLC 95 Sherwood Drive East Hartford, CT 06108 RE: Appl. #2830-19—DMV License, 1505 John Fitch Blvd, I Zone Dear Ms. Rodriguez: At the meeting of the South Windsor Zoning Board of Appeals (ZBA)held on April 4, 2019,the Board approved your request for a Department of Motor Vehicle General Repairer License, on property located at 1505 John Fitch Blvd, Industrial zone. This approval is based on the Planning and Zoning Commission (PZC) site plan of development approval for this property dated March 24,2016. No other approval is needed as this is a permitted use in an industrial zone. Very truly yours, Erik Dabrowski Chairman Zoning Board of Appeals P. - CERTIFIED } o . r:i Domestic Mail Only Ln D- For delivery information,visit our website at www-usps-cotn`. ED/dt � Certified Mall Fee ru $ M Extra Services&Fees(check Cox,add lee as appropdate) 0 Return Receipt(hardcopy) $ cc: Buildm De artment r-1 ©Return Receipt(electronic) $ Postmark g p C3 ❑certilied Mail Restricted Delivery $ Here ©Aduit Signature Required $ C3 l []Adult 6lgnature Reelected Delivery$ {} O Postage Ln $ =I" Total Postage and Feesi/ � r4 $ l�-� Sent To rq --------- ,2..... .Q 1-�- - - p �tr a Apt o„31, ox- - - c�vc . -------------------------------------------- ty e , Ps Form :.r April 20 000-9047