HomeMy WebLinkAbout1395 John Fitch Boulevard (7)TOWN OF SOUTH WINDSOR, CONNECTICUT
PLANNING AND ZONING COMMISSION
APPLICATION FORM
App. No.
Date Received: /0 •/ • 011) IMPORTANT!
Action or Publ ' c Hearing By: Planning and Engineering Department sta_a
require 14 days to determine application
Receipt No. comoleteness. To ensure receipt of a
complete application by PZC, it is strongly
recommended that the application be submitted
J d, 14 days prior to the Regular Meeting at which
it will be received.
APPLICANT : Highlift, Inc (Jack Cuay- President-)
ADDRESS : 245 East Barber Street, Windsor, CT TELEPHONE: 247-0881
O;v?QER OF RECORD ON LAND RECORDS: Andre Charbonneau
ADDRESS : Felt Road, South Windsor
COMPLETE LOCATION OF PROPERTY: Parcel B located on John Fitch Boulevard anri
Strong Road ZONE:Industrial
N?'IE, ADDRESS & TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE
DIRECTED:
Michael J. Lanza, 1665 Ellington Road South Windsor, CT
TELEPHONE: 644-3473
THIS APPLICATION IS FOR: (Check one of the follow
1 . Zone Change to public hearin' equired)
2. Subdivision
LJk(.
3 . Open Space Subdivision (public hearing re5zfu reed) ,
4 . Resubdivision (public hearing requir njrkp Z, Mg CO3.,j !3SJC8
5 . Special Exception to Article public hearing required)
x 6 . Site Plan of Development
7 . Earth Filling (Section 10 ) and/or Earth Removal (Section 9 )
public hearing required)
8 . General Plan of Development
9 . Regulation Amendment: Zoning Subdivision
10 . Other (explain in detail )
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF THE PROPFRTI
AND SUBMITTED IN TRIPLICATE WITH SIX SETS OF THE MAPS (7 if public hearing
is required) AND OTHER DOCUMENTS (see page 2)
applicant Ow e
14 /87 see reverse side)
TOWN OF SOUTH WINDSOR, CONNECTICUT
PLANNING AND ZONING COMMISSION
APPLICATION FORM
This application is complete and ready for •Planning & Zoning Commission
receipt only upon submission of all required documentation, including,
but not necessarily limited to, the following items. -Not all items are
required with every application. See applicable sections of the South
Windsor zoning and subdivision regulations for specific requirements.
APPLICATION CHECKLIST
1. Key Map
2. Architectural Elevations/Floor Plans
3 . Completed application form (in triplicate)
4 . Required fees
5. Zone Change, Site Plan, Subdivision, Open Space Improve-
ment, and/or General Plan of Development maps, in accordance
with regulations. (Six sets - seven if public hearing requirzE
6 . Plans & Profiles/Drainage Calculations
7 . Conservation Plan
8. Landscaping Plan
9 . Traffic Engineering Report
10 . Narrative Statement
11. Sanitary Report
12 . Copy of agreement to purchase land (if not the owner)
13 . other
ALL 'PROSPECTIVE APPLICANTS ARE URGED TO CONFER WITH TOWN PLANNING
DEPARTMENT AND ENGINEERING BUREAU STAFF PRIOR TO SUBMISSION OF ANY
APPLICATION TO THE COMMISSION.
CONSULT PLANNING DEPARTMENT FOR FEE SCHEDULE.
1/14/87
PLANNING DEPARTMENT
IN-HOUSE REFERRAL FORM
TO: Karl Reichle, Mike Gantick, Mel Stead Fred Shaw
Date:
y
rslo
Richard J. Sartor, Gary Tyler, Fire
FROM: Marcia A. Banach, Director of Planning
The Planning & Engineering Departments have received plans for the
following project:_4 1,
Subdivision Site Plan
Residential Commercial
Industrial
Location:
Project Description:
Future Town-owned property involved? YES NO
a) new streets ( existing frontage also)
b) new open space/recreation area
active passive
c) new detention area
Planning Department comments :
Please let me know by / if you will have comments on
this application so that I can follow up with your department when I
do a Planning Department report.
4-11memo from
TOWN OF SOUTH WINDSOR
TOWN HALL
SOUTH WINDSOR. CONN. 06074
F
TO Tom Murrin, Chairman, ZBA DATE December 9, 1987
FROM: Marcia Banach, Director of Planning
L
SUBJECT: Application of Highlift, Inc. , for use variance
FOLD-
The Planning and Zoning Commission recently denied an application for an amendment
to its regulations which would have allowed Highlift, Inc. , to operate its business
in an Industrial zone.
Attached is a copy of the minutes of the Public Hearing and decision on this
application.
cc: PZC members By
7'. \.utL+ Ai-, :EDC dCf'vc'L_vL .Ja i
ANTHONY J. SLUSARZ JUDICIAL DISTRICT OF HARTFORD/
vs.EN BRITAIN AT HARTFORD
ZONING DCARD OF APPEALS OF
SOUTH ;1INDSOR, ET. ALS. DECZ-24BER 31, 1987 ticF, V
JA"s 4 i988'
APDP-'kL - CaIPLAI IT
To the Superior Court for the Judicial District of Hartford/New
Britain to be held at Hartford on February 2, 1988 comes ANTHONY J.
SLUSAM of 1421 John Fitch Boulevard, South Windsor, Connecticut,
appealing from a decision of the Zoning Board of Appeals of the Town of
South Windsor, County of Hartford and State of Connecticut and complains
and says:
1. At all times mentioned herein, the plaintiff-appellant, ANTHONY
J. SLUSARZ, resident of South Windsor, was residing at 1421 John Fitch
Boulevard, South Windsor, Connecticut.
2. On or about November 13, 1987, Highlift, Inc. applied to the
Zoning Board of Appeals of the Town of South Windsor for a variance of the
South Windsor Zoning Regulations to permit the retail sale and rental of
construction equipment and service of same, on premises owned by Andre
Charboneau in said South Windsor located in an Industrial Zone.
3. At all times mentioned herein, the South Windsor Zoning
Regulations and/or requirements adopted by the South Windsor Planning and
Zoning Commission specifically prohibited and does specifically prohibit
the aforementioned uses in such zone.
2)
4. On December 14, 1987, the said Zoning Board of appeals, following
a public hearing on said apclication, voted to approve the application
thereby granting the reques=_a variance.
5. On December 21, 1937, notice of said approval was published in
the Journal Inquirer, a newspaper.
6. The plaintiff-apps_iant, ANMONY J. SLMRZ, was and is aggrieved
by such approval and actions of the Zoning Board of Appeals.
7. In granting or approving the application, the said Zoning Board
of Appeals acted illegally, arbitrarily and in abuse of its discretion in
one or mre of the following respects:
a) . The applican_s had shown no hardship and there was no
hardship and there was no hardship as to the applicants or the
subject property, and there was, therefore, no valid or legal
basis on which to anorove the application and grant the variance.
b) . The decision or the said Zoning Board of Appeals was made
without a f inding of subordinate facts necessary to support said
decision.
c) . The decision of the said Zoning Board of Appeals was contrary
to the evidence before it.
d) . The decision of the said Zoning Board of Appeals was based
upon an erroneous application of the facts and the law.
e) . The decision of the said Zoning Board of Appeals did not
state a reason for granting said variance as required by statute
and the South Windsor Zoning Regulations.
3)
WHEREFORE, the plaintiff-appellant appeals from the approval
of the application and prays that the Court sustain his appeal and
overrule and reverse the above-described actions of the Zoning
Board.
Dated at Hartford, Connecticut, this 31st day of December,
1987.
TILATNTIFF-APPELLANT: Anthony J.
Slusarz
BY
Gerald S. Sack '
Sack, Spector and Barrett
Juris No. 52276
I hereby enter my appearance for
the Plaintiff in the above action.
I
i
Gerald S. Sack
Sack, Spec':;or and Barrett
609 Farmington Avenue
Hartford, CT 06105
203-233-6251
ALtA `L IMRD C9UM' `.
D£PU X soERir* 1AR
RETURN DATE: February 2 , 1988
ANTHONY J. SLUSARZ SUPERIOR COURT
VS.JD OF HARTFORD/NEW BR17AIN AT
HARTFORD
ZONING BOARD OF APPEALS OF
SOUTH WINDSOR, ET AL DECEMBER 31, 1987
I
CITATION
i
i
TO ANY PROPER OFFICER: i
By authority of the State of Connecticut, you are hereby
commanded to summon the Zoning Board of Appeals of the Town of
South Windsor, County of Hartford and State of Connecticut; j
Marilyn Burger, Town Clerk of South Windsor, Connecticut; and
Highlift, Inc. of 45 East Barber Street, Windsor, Connecticut, to
I
appear before the Superior Court within and for the Judicial
District of Hartford/New Britain at Hartford on February 2 , 1988 ,
then and there to answer unto the foregoing complaint of
Anthony J. Slusarz, of 1421 John Fitch Boulevard, South Windsor,
Connecticut, by leaving a true and attested copy of the complaint,
I bond and tis citation w_th or at the usual place of abode of
i
Thomas Murrin of 170 Orchard Hill Drive, South Windsor,
Connecticut, the Chairman of said Zoning Board of Appeals, and by
serving a true and attested copy of the complaint, bond and this
I
I I
I
I
SACK. SPErTOR AND BARRETT ATTORNEYS AT LAW
609 FARMINGTON AVE • HARTFORD rT 06105 (203) 233-6251 • JURIS NO 52776
i
citation upon Marilyn Burger, to mown Clerk of South Windsor, and
by sewing upon Highlift, Inc. , a true and attested copy of the
complaint, bond and this citation, all at least twelve (12) days
before the return date.
Hereof, fail not, but of this writ with your doings thereon
make due service and return.
Dated at Hartford, Connecticut this 31st day of December, 1987 .
I
Gerald S. Sack
Commissioner of the Superior Court
Juris No. 52776
I
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Cal
aN Oa1- E'zo
1A ) COUN L
CrU{i N•
K
SACK. SPECTOR AND BARRETT ATTORNEYS AT LAW
609 FARMINGTON AVE HARTFORD T 06105 f203i 233.8251 • JURIS NC 52776
RETURN LATE: February 2, 1988 SUPERIOR COURT
ANTHONY J. SLUSARZ JUDICIAL DISTRICT OF HA RTFORD/
VS. NEW BRITAIN AT HARTFORD
ZONING BOARD OF APPEALS OF
SOUTH WINDSOR, ET. ALS. DECEMBER 31, 1987
BOND
KNOW ALL MEN BY THESE PRESMUS:
That, Anthony J. Slusarz of 1421 John Fitch Boulevard, South Windsor,
Connecticut as principal, and Victoria Albrizio of West Hartford,
Connecticut as surety, are holden and firmly bound, jointly and severally
unto the Zoning Board of Appeals of the Town of South Windsor, Marilyn
Burger, Town Clerk of South Windsor, and Highlift, Inc. , in the penal sum
of two hundred and fifty dollars ($250.00) to which payment we do bind
ourselves, our successors, heirs, executors, administrators, firmly by
these presents.
The condition of this obligation is such that, whereas, the Plaintiff
has appealed to the Superior Court in and for the Judicial District of
Hartford/New Britain at Har:ford, from actions of the Zoning Board of
Appeals in the Town of Sough Windsor in granting the application of
Highlift, Inc. , as more pa=icularly set forth in the citation and appeal
to which this bond is annexed;
NOW THEREFORE, if the principal shall prosecute this appeal to effect
and shall pay all costs in case he fails to sustain such appeals, then
this bowl shall be void, otherwise to remain in full force and effect.
2)
Dated at Hartford, Connecticut this 31st day of December, 1987.
rig.
By: Anthonv J. 'Slusarz, Principal'
V.
By: Victoria Albrizio, Surety
Taken and acknowledged before me at Hartford, Connecticut, this 31st
day of December, 1987.
2
36rald S. Sack
Commissioner of the Superior Court
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y4 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
AREA CODE 203/644-2511
NM DELIVERED
January 14, 1988
Mr. Ralph Alexander, Esq.
South Windsor Town Attorney
303 Burnside Avenue
East Hartford, CT 06108
RE: High Lift Site Plan Application
Dear Attorney Alexander:
On January 12, 1988 the South Windsor Planning and Zoning Commission
discussed legal issues and questions that members of the Commission had
with respect to future deliberations and actions by the Commission on the
pending High Lift site plan application.
As you know, the Planning and Zoning Commission on November 17, 1987
unanimously rejected High Lift's proposed amendment to permit the sale and
rental of heavy industrial equipment in an industrial zone. I enclose a
copy the Commission's minutes of that meeting. On December 14, 1987 the
South Windsor Zoning Board of Appeals granted High Lift a use variance and
now High Lift has filed a site plan application concerning said use. In
the meantime, the Zoning Board of Appeals variance approval has been
appealed to the Superior Court and your office is representing the Zoning
Board of Appeals in that action.
I have a series of questions that I request your advice and guidance on
before I feel that I can properly act or deliberate on the High Lift site
plan application. They are as follows:
1. Can or should the Planning and Zoning Commission act on a site plan
when an appeal is pending in Superior Court concerning the use that
the site plan contemplates?
2. If the Commission approves the site plan, what condition can be put on
it concerning use, etc?
3. In that your office represents the Zoning Board of Appeals in the
Superior Court lawsuit, can you render a legal opinion to the Planning
and Zoning Commission?
Mr. Alexander
January 14, 1988
Page 2
4. Can the Town Attorney represent both the Planning and Zoning
Commission and the Zoning Board of Appeals when the two bodies have
taken conflicting actions on the same application?
5. Should the Planning and Zoning Ca mission vote to intervene in the
Slusarz appeal, whom would you recommend to serve as our attorney?
6. If the Zoning Board of Appeals use variance is overturned by the
Superior Court, what role does the Planning and Zoning Commission have
with respect to the enforcement if the applicant has built and used
the premises in accordance with the approved site plan. I am
concerned that an argument will be made that the Commission approved
the site plan and thus approved the use and that future enforcement
actions will thus be undermined. If we approve the site plan, will the
Commission prejudice - itself or the town in a future enforcement
action?
You may have one or some of the above questions posed to you by my
colleague, Raymond Hallowell. I am unclear as to his focus as a
consequence of the ambiguous way that this subject was left at our last
meeting. Please note that this matter is one where time is of the essence
in that we have a February 18, 1988 action date. Thus, your prompt
response to the foregoing questions is greatly appreciated. If you would
like to discuss this further, please do not hesitate to contact me.
Sincerely yours,
Carla C. Woodcock
Ca missioner,
South Windsor Planning and Zoning Commission
Enclosure
cc: South Windsor Planning and Zoning Commission
South Windsor Zoning Board of Appeals
Mayor Edward Havens
Richard J. Sartor, Town Manager
Please respond to: 30 Oxbow Lane
South Windsor, CT 06074
289-3545)
LAW OFFICES
BRADY, WILLARD &ALEXANDER
303 13URNSIDE AVENUE
GERALD M' BRADY
EAST HARTFORD,CONNECTICUT 06108
RICHARD C WILLARD 203)289-5477
RALPH J ALEXANDER
MICHAEL E WOLF
January 20. 1988
Ms. Carla C. Woodcock
30 Oxbow Lane
South Windsor. CT 06074
Re: High Lift Site Plan Application
Dear Ms. Woodcock:
I am in receipt of your letter of January 12. 1988. As the letter is
in the form of a request for a legal opinion it is necessary that the
request emanate from the Commission in order for me to respond to it.
As I understand it from talking with Mr. Hallowell the issue in question
is in fact set to be discussed at a regular meeting of the Planning and
Zoning Commission in the near future.
Very truly yours.
Ralph J. Alexander
RJA/sc
pc: South Windsor Planning and Zoning Commission
South Windsor Zoning Board of Appeals.
Mayor Edward Havens
Richard J. Sartor, Town Manager
LAW OFFICES
KUEHN, CAVANAUGH AND CUMMINGS, P. C.
1665 ELLINGTON ROAD
SOUTH WINDSOR, CONN, 06074
203) 644-3473
DANIEL P. CAVANAUGH
OF COUNSEL
EDWARD R. KUEHN
WEST HARTFORD OFFICE:
HAROLD R . CUMMINGS
FRAZIER G. SCOTT 968 FARMINGTON AVENUE
LORRAINE R. PAULHUS WEST HARTFORD, CONN. 06107
RONA C. LYNCH
M ICHAEL J. LANZA 203) 236-2973
January 22, 1988
PLEASE REPLY TO: SOUTH WINDSOR
South Windsor Planning and Zoning Commission
Town of South Windsor
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Highlift, Inc.
Site plan Application
Attn:
Raymond F. Hallowell, Jr. , Chairman
Dear Mr. Hallowell:
Please accept this letter requesting that the above referenced application
be withdrawn without prejudice. ,
Wae yours,
Lanza
MJL/sl