Loading...
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 i r TRU sU -" 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 p, r N OENA ppU D j SNERirF. Z0WN SC4< r LUn. a J OK-lam/ L WLI-z dAV (. 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