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TOWN OF MONTVILLE
Zoning Board of Appeals Staff Report DATE: June 1, 2022 TO: Montville Zoning Board of Appeals FROM: Tiffany E Williams, Zoning Enforcement Officer RE: Application# 22 ZBA 1 – 2040 Route 32 (M/B/L 103-001-00A) Location Approval for DMV License per C.G.S. § 14-321 ________________________________________________________________________
APPLICANT: Hassan/Hussain, LLC PROPERTY OWNER: Hassan/Hussain, LLC ATTORNEY: Harry B. Heller, Esq., Heller, Heller & McCoy SITE ADDRESS: 2040 Route 32 (M/L/B 103-001-00A), Uncasville, CT ZONING DISTRICT: C-2 Zone (Commercial) PROPOSAL: Location Approval for a Motor Vehicle Fueling Facility (Gas Station/Convenience Store) per CGS § 14-321. STAFF COMMENTS: The Zoning Board of Appeals is acting in its capacity as an Agent for the State of CT in reviewing this application is for a Certificate of Location Approval for a Motor Vehicle Fueling Facility (Gas Station/Convenience Store) per CT General Statues (CGS) §14-321 (copy attached). A public hearing is being held for this application, but there is no
requirement for a hearing in either the CGS or the Montville Zoning Regulations (ZR). The property is located at the southwesterly intersection of CT Route 32 & Podurgiel Lane in a C-2 (commercial) zoning distirct on about 2.68-acres with about 453’ of
frontage on Norwich-New London Turnpike (CT Route 32) & about 256’of frontage on
Podurgiel Lane and contains regulated wetlands and upland areas. Staff recommends the Board consider the following in making its decision on the application:
- The subject property is located in the C-2 (Commercial) Zoning District in a
commercial corridor and the proposed use of a convenience/gasoline sales establishment is permitted per ZR Section 11.2.11 (C-2 Permitted Uses), in accordance with ZR Section 4.11.10 (Gasoline Filling Stations and Convenience/Gasoline Sales Establishments).
- The proposed use will be required to obtain approval for regulated activities from
the Montville Inland Wetlands Commission and site plan approval from the Montville Planning & Zoning Commission and any other required local, state or federal permits/approvals.
If the Board is inclined to approve the request in this application, the following language
is suggested:
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M O T I O N (A Motion to Approve) I move to approve Application # 22 ZBA 1 of Applicant/Property Owner, Hassan Hussain, LLC, for Location Approval pursuant to §14-321 of the Connecticut General Statutes to allow the operation of a motor vehicle fueling facility (gas station/convenience store) at 2040 Route 32 (M/B/L 103-001-00A), Uncasville, CT in accordance with a plan
set entitled “Concept 3 of 2040 New London Turnpike (AKA CT Rt 32), Uncasville, CT, Prepared for Amer Choudrey, dated March 7, 2022, Revised April 7, 2022” with a finding that the subject property is suitable for the business intended.
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“Attachment 1”
22 ZBA 1 Staff Report
May 31, 2022 Sec. 14-321. Approval of gasoline station location by local authorities. Any person
who desires to obtain a license for the sale of gasoline or any other product, under the
provisions of section 14-319, shall first obtain and present to the commissioner a certificate of approval of the location for which such license is desired. The certificate of approval shall be obtained from the zoning commission, planning and zoning commission or local authority of the town, city or borough where the station or pump is located or is
proposed to be located. A certificate of approval shall not be required in the case of the
transfer of the last issued license from one person to another provided no more than one year has elapsed since the expiration of such license, or in the case of a renewal of a license by the holder of the license, or in the case of the addition or discontinuance of pumps. If adjoining physical properties are altered or changed, the applicant shall
conform to the provisions of this section. The commissioner shall not issue any license
under the provisions of section 14-319 for which a certificate of approval is a prerequisite unless the certificate is presented to him within three years after the date on which it was issued.