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HomeMy WebLinkAboutSUBDIVISION (22) APPLICATION TO TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALL BE RECEIVED APPLICATION NO. __SS t� BY THE PLANNING AND ZONING COMMIS- SION AT THE REGULARLY SCHEDULED RECEIVED DATE &0/27 MEETING ON THE FOURTH TUESDAY OF PREL. APPROVAL DATE THE MONTH AT TOWN HALL. FINAL APPROVAL DATE REJECTED DATE RECEIPT NO. APPLICANT Charles & Walter jurgela.s ADDRESS 334 Chapel Road South Windsor. Connecticut OWNER Same ADDRESS Same LOCATION OF PROPERTY Nbrth Side Chapel Road ZONE Industrial CHECK ONE OF THE FOLLOWING: 1. Zone Change (Public Hearing) 3C 2. Filing for Subdivision (See "Subdivision Check List") 3. Filing for Re-Subdivision (Public Hearing) 4. Special Exception Article 4.1.8 (Public Hearing) Article 4.2.3 (Public Hearing) Article 4.7.2.7 (Public Hearing) Article 4.10.2.4 (Public Hearing) 5. Parking—Article 8.5.16 (Public Hearing) 6. Site Development Plan—Article 4.11 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (Public Hearing) 8. Other STATE CLEARLY AND BRIEFLY THE REASONS FOR APPLICATION Applicant wishes to sell house and house lotp thereby creatiDZ 3 (tom lots. 1. Application and supplements must be filed in triplicate. 2. Application must be typewritten or printed in ink. 3. The applicant or his representative must be present at the Commission Meeting. 4. Application Fee of $25.00 required for filing Items 1, 2, 3, 4, 5, and 7 to defray expenses. Applications, other than for subdivisions, shall be accompanied with three copies of a map, minimum size 81/2 x 11 inches, drawn to scale showing the land, buildings present and proposed, plot depths and measurements, street and building lines, also a measured distance to nearest street corner, names of abutting property owners, and a sufficient portion of surrounding area to make such a map readily intelligible, and the subject property either shaded or cross-hatched. If approved, the Zoning Commission reserves the right to request and the applicant hereby consents to furnish, within sixty days following approval, three maps prepared by a qualified civil engineer or surveyor showing the items above. c . SIGNE 7 C NT OW L L ,%ow" 8 &2d 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 4. mac, OR-CO / AREA CODE 203 644-2511 RESOLUTION WHEREAS, the Planning and Zoning Commission of the Town of South Windsor approved with conditions the application of Charles and Walter Jurgelas for a one-lot subdivision on property located on the north side of Chapel Road, in an Industrial zone; and WHEREAS, the following members of the Commission who are present this evening were present at the time of the approval of said subdivision, and voted in favor of said approval: Louise Evans, C. W. Gay, Marshall Montana, John Norman and David Sorenson; and E WHEREAS, a survey of said subdivision prepared by Emil W. Lucek Associates, dated November 25, 1977, was filed in the Town Clerk's office on January 3, 1978; and WHEREAS, said survey does not show a barn on said premises, located on the property line; and WHEREAS, this Commission at no time would approve a subdivision with a barn remaining located on the property line since it is in direct violation of the Zoning Regulations of this Town. NOW, THEREFORE, BE IT RESOLVED that the Planning and Zoning Commission of the Town of South Windsor reaffirms the fact that any barn located on the property line of the aforesaid subdivision was to have been torn down prior to the approval of said subdivision by this Commission. Dated at South Windsor, Connecticut this 16th day of December, 1980. B, Lot /11 as s�wn� on e,ztitlecl "Subdivision of Uf Estal-.: of iteph9rde Jix6elas, Chapel Road N/S South Windsor, Corti. Scale 1"=40' Date 11-25-77" i N/F 311 STEPHANIE JURGELAS 149.38 O, O,f�4 09, � .P-4 toil o p W W V It N N V W Q co N/F F 0 N/F SAMUEL M. SISISKY ��STEPHANIE JURGELAS r oil� I hereVy certify that_this ch survey was made on the cx� ground and that the house 31 S6 ��'�►�"��! is located substantially � �� �G �Gr► as shown, and that no N HOUSE N zoning regulations-with - � aes' regard to said location are violated. " Tobacco shed as showYi, ��i�ii �U 3 represents a violation o 1111'0O iu zoning regulation and c O an encroacbment on �31�� p=3°-25�"0�� 100.80 99°`ST' e abutting p=10-47 L_49.20 -— prope?�ty. L'25'80 EXISTING M.S. gET . CHAPEL ROAD CURVE DATA L�=5 :12'-31" Am 75.00 PROPERTY OF LLOYD D. a SANDY X. CAMPBELL 334 CHAPEL ROAD SOUTH WINDSOR* CONK. EMIL W . LUCEK ASSOCIATES NO. REVISIONS DATE SCALE I"'401 DATE 2-9-78 CONSULTING ENGINEERS 5 OAKLAND ROAD DRAWN A'V.H' CHECKED EX�" SOUTH WINDSOR. CONN. 203-644-2802 PROJECT 78-17 SHEET CERTIFIED SUBSTANTIALLY CORRECT - DEGREE OF ACCURACY F R MORTa ©E PURP03 EMANUEL W. LUCEK CONN. REG. LAND SURVEYOR 6293IL SSW N SFgC l�� 0 S-0-atA vind.6'at y v 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 AREA CODE 203/644-2511 �sox•co January 5, 1978 Charles and Walter Jurgelas 334 Chapel Road South Windsor, Connecticut 06074 Gentlemen: This is to notify you that the Planning and Zoning Commission voted to approve your application for a subdivision of property located on the north side of Chapel Road, subject to the following conditions: 1. The land area designated as parcel #1 shall be redesignated as lot #1. 2. The land area designated as parcel #3 shall be redesignated as parcel #2. 3. The 25-foot wide strip, shown as Parcel #1, shall be transferred to the adjacent owner, Samuel M. Sisisky, and is not to be considered a building lot. 4. The portion of redesignated parcel #2 shown as the area optioned by Samuel M. Sisisky shall be removed from the map. If parcel #2 is transferred in the future, it shall be considered a resubdivision. 5. The location of the house and driveway on lot #1 shall be shown on the plan. 6. Since lot #1 has an established building can it, a drainage assessment fee will not be collected. However, the Planning and Zoning Commission reserves the right to collect a drainage assessment fee when Parcel #2 is developed. 7. Drainage easements to Samuel M. Sisisky shall be fully shown on the map. Charles and Walter Jurgelas -2- January 5, 1978 8. A black and transparent map, printed on polyester film, and three paper prints of this subdivision shall be submitted to the Planning and Zoning Commission to be stamped and signed. This letter of approval from the Planning and Zoning Commission shall be reproduced as part of this final plan. A filing fee to be determined shall be submitted prior to this map being filed in the Office of the Town Clerk of the Town of South Windsor. Very truly yours, PLANNING AND ZONING COMMISSION By William E. Grace, Chairman WEG/src cc: D. McLaughlin, Building Inspector B. McNamara, Assessor J. Page, Town Engineer/Planner E. Lucek, P.E. r " . .a �040 •NN Sf 1`CO) Ole slo_� U 1540 SULLIVAN AVENUE - SOUTH WINDSOR. CONN. 06074 OR -CO �� AREA CODE 203 644-2511 TO BE PUBLISHED IN THE JOURNAL-INQUIRER SATURDAY, JANUARY 7, 1978 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the January 3, 1978 meeting, the Planning and Zoning Commission voted to approve, with conditions, the application of Charles and Walter Jurgelas for a one-lot subdivision on property located on the north side of Chapel Road in an Industrial Zone. Dated at South Windsor, Connecticut this 4th day of January, 1978. PLANNING AND ZONING COMMISSION William E. Grace, Esquire, Chairman Marshall Montana, Secretary C Boa" AE4< ° Turn, ?db,-z� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 •co� AREA CODE 203/644-2511 December 123, 1980 John J. Woodcock, III, Esq. Town Attorney Dear John: Re: Charles and Walter Jurgelas Subdivision 334 Chapel Road Enclosed are copies of the following items from the Planning and Zoning Commission's file in this matter: 1. Application which was accepted by the Commission on 12/20/77; 2. Letter of approval dated 1/5/78; 3. Legal Notice which was published on 1/7/78; 4. Minutes of 12/20/77 when the application was accepted; 5. Minutes of 1/3/78 when the application was approved; 6. Copy of the survey dated 11/25/77 which was in our file; and 7. Two copies of the survey dated 11/25/77 which was filed in the Town Clerk's Office. If there is anything else you need, please let me know. Since a ly; f Virginia S. G ey, Secretary to Planning and oning Commission encs. Town of.South Windsor TOWN HALL SoutA WinLor, Connecticut ovn+SF,, w r CHARLES N. ENES. C.M.C. Z TOWN CLERK hsoR.ps� STATE OF CONNECTICUT) SS. South Windsor, December 17, 1980 COUNTY OF HARTFORD I, CHARLES N. ENES, Town Clerk of the Town of South Windsor, duly elected and qualified, do hereby certify that the foregoing resolution is a true copy of an original filed in the Town Clerk' s Office in said Town of South Windsor, on December 17, 1980. ATTEST: 0 �. CT PS �• 9* 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 AREA CODE 203/644-2511 ~�SOR•C0� December 181 1980 Harold R, Cummings, Esquire KUEHN, CAVANAUGH & CUMMINGS, P.C. 968 Farmington Avenue West Hartford, Connecticut 06107 Re: Town of South Windsor v. Robert C. Russell, et ux Dear Hal: I spoke with the Superior Court Clerk's office after getting off the telephone with you on December 17, 1980, and this matter has been con- tinued to January 19, 1981, pursuant to your request. We will be the first case on for that date. I have notified my witnesses d not eakthe continu- ance date. The only subpoenaed witnesses that speak are Mr. and Mrs. Russell, and our agreement was that you would speak to them. As 1 stated to you on the telephone, Mssrs. Jurgelas and Sisitsky are willing to cooperate in any joint venture to tear down this barn. The Zoning Enforcement officer and the Planning & Zoning Commission have stated their position very clearly. I enclose herewith a copy of a Resolution dated December 16, 1980 from the Planning $ Zoning Commission. I am hopeful that we can work out a stipulation prior to January 19, 1981. If not, I would ask that you apprise me as soon as possible of your clients' desire to contest the application for a temporary injunction and their legal defenses as to same. Thank you for your courtesy in this matter. With best regards for the holidays, I am Very truly yours, John J. Woodcock, III Town Attorney JJW/j lh Enclosure cc: South Windsor Planning & Zoning Commission Mr. Peter DeMallie, Zoning Enforcement Officer EXHIBIT A NO. CV 80-0253340S TOWN OF SOUTH WINDSOR SUPERIOR COURT JUDICIAL DISTRICT OF HARTFORD/ VS. NEW BRITAIN at Hartford ROBERT C. RUSSELL, ET AL JANUARY 26, 1981 STIPULATION FOR JUDGMENT The parties in the above entitled action hereby stipulate and agree that Judgment may enter for the Plaintiff on its Complaint without cost to either party. The terms of said Judgment shall provide: The Defendants, Robert C. Russell and Betty Jean Russell, their heirs and assigns, shall, on or before the day of , 1984, cause the tobacco barn referenced in Paragraphs 5, 8 and 9 of the Plaintiff's Complaint to be demolished and removed from the premises. This Order shall be effective as to the Defendants only insofar as to that portion of the barn which is physically located on the Defendants' property. In carrying out the Order of this Court the Defendants shall not be required to incur any pecuniary or civil liability with respect to the adjoining property owners insofar as a portion of the barn may be located on the property of the abutting property owners. This Stipulate Judgment shall toll any applicable Statute of Limitations. Nothing contained within this Judgment shall be construed as a barr to prohibit the Defendants, prior to the effective date of the removal referenced above from pursuing appl cations to the various agencies of the Town of South Windsor with respect to s JOHN J.WOODCOCK JJJ ATTORNEY AT LAW barn. Nothing contained herein shall be construed as requiring the Plaintiff 398 BUCKLAND ROAD P.0. BOX 684 SOUTH WINDSOR, CT 06074 JURIS NUMBER , 68820 (203) 644-2431 EXHIBIT A any of its agencies to approve any such applications which may be filed by the Defendants with any of the appropriate agencies of the Plaintiff. A notice of this Judgment and a summary of its restrictions as pertaining to the Defendants' property shall be recorded in the Land Records of the Town of South Windsor. Dated at South Windsor, Connecticut this day of 1981 PLAINTIFF, TOWN OF SOUTH WINDSOR, By: John J. Woodcock, III Its Attorney DEFENDANTS, ROBERT C. RUSSELL and BETTY JEAN RUSSELL By: Harold R. Cummings Their Attorney ROBERT C. RUSSELL BETTY JEAN RUSSELL -2- 4N J.WOODCOCK III ikTTORNEY AT LAW �5 BUCKLAND ROAD P.O BOX 684 ')UTM WINDSOR. CT "074 JUR(S NUMBER 68820 (203) 644-2431 .low" 8rq co i-d T_0 o-P s ?At� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 0R•coN AREA CODE 203/644-2511 January 28 , 1981 Ms . Marshall Montana, Chairperson Town of South Windsor Planning and Zoning Commission Town Hall 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE : Town of South Windsor vs . Robert C. Russell , et al Dear Ms . Montana: This letter will confirm that Attorney Cummings and I will be appearing before the Planning and Zoning Commission on February 3 , 1981 at 8 : 00 p.m. We will be presenting to the Commission at that time a proposed agreement relative to the above-captioned pending lawsuit. Thank ou for your courtesy. Ver my you s , John oodcock, III Specia A torney ca cc : Attorney Harold C. Cummings