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HomeMy WebLinkAboutSUBDIVISION (73) TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION PLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY APPLICATION # THE PLANNING AND ZONING COMMISSION AT RECEIVED DATE: THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE: BE SUBMITTED TO THE PLANNING AND RECEIPT # ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUESDAY. APPLICANT: Robert C & RPtU TPan Rijc-,ell ADDRESS '43.s1 C-1-1apel Road, Smith Windsor. r1 06074 'TELEPHONE # 289-7034 r, 4 -t-e OWNER OF RECORD ON S.W. LAND RECORDS Robert C. & Betty Jean Russell ADDRESS : 334 Chapel Road, South Windsor, CT 06074 COMPLETE DESCRIPTION OF LOCATION OF PROPERTY See Exhibit D Attached ZONE Industrial NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHOULD BE DIRECTED: Harold R. Cu mings, Kuehn, Cavanaugh & Cumings P.C. , 1665 Ellington Road, South Windsor, Connecticut 06074 TELEPHONE # 644-3473 THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1. Zone Change to Zone (public hearing) 2. Filing for Subdivision 3. Filing for Open Space Subdivision--(public hearing) 4. Filing for Resubdivision (public hearing) 5. Special Exception to Article of the Zoning Regulations (public hearing) 6. Site Development Plan 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing) X 8. Other (explain in detail) Sop Letter Attache THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF THE PROPERTY AND fISWN-;M' NG WE SETS OF PLANS BEFORE WILL BE THE PLANNING AND C APPLICANT OWNER Robert C. Russell Robert C. Russell . oeAQ Betty ,4e F Russell Betty Je ussell (over) PROCEDURES TO BE FOLLOWED WHEN SUBMITTING THE APPLICATION: 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application fee of $25. is required for filing items #1, #5 and V. 4. A subdivision processing fee of $25. per lot ($50. minimum) is required for filing items #2, #3 and A. 5. A $20. deposit must be submitted with any item requiring a public hearing. This deposit is for a sign to be placed on the property by the applicant advertising the public hearing. The check will be returned to you when the sign is returned to the Town. 6. Application for Zone Change (item #1) shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and #6) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a site plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES, THIS APPLICATION WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSION, OR A PU:3LIC HEARING DATE WILL BE SET WITHIN 65-DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. EXHIBIT A Being Lot //-1 as shown on a map entitled "Subdivision of Land of Estate of Stephanie Jurgelas, Chapel Road N/S South Windsor, Corui. Scale 1"-40' Date 11-25-77" N/F 31 . STEPHANIE JURGELAS 90 149.38 , 0,36 o.h .� 19, tp Of 0 p W = O CA2 W _ N (.) N — U ' to coO 0 N/F SAMUEL M. SISISKY STEPHANIE JURGELAS M � I hereW certify that this M ti survey was made on the cD ground and teat the house 31' COIYj is located substantially � as ���1� � � l/�,G as shown, and that no a HOUSE 8 r' zoning regulations with ' regard to said location aa� are violated. , Tobacco shed as shown, ��, ''b SURV��� represents a violation o zoning regulation and an encroachment on „ 99 . 0 4T'•',� 100.80 property. , abutting a a 1 L= 49.20 — — �-=25.80 •— EXISTING 8E M.S. CHAPEL ROAD CURVE DATA 0=5 -12'-31" A= 75.00 PROPERTY OF LLOYD D. a SANDY X. CAMPBELL 334 CHAPEL ROAD SOUTH WINDSOR, CONN. EMIL W . LUCEK ASSOCIATES NO. REVISIONS DATE SCALE 1 s 40' DATE 2-9 78 W CONSULTING ENGINEERS Z 5 OAKLAND ROAD DRAWN A.V.H. CHECKED E.W.L. SOUTH WINDSOR. CONN. W 203-644-2602 W PROJECT 78_17 SHEET ; CERTIFIED SUBSTANTIALLY' CORRECT - DEGREE OF ACCURACY F R MORT3 aE PURPOS EMANUEL W. LUCEK CONN. REG. LAND SURVEYOR 6293 lhfT_�o << )CX �l NO. CV 80-02S3340S TOWN OF SOUTH WINDSOR SUPERIOR COURT JUDICIAL DISTRICT OF HARTFORD/ VS. NEW BRITAIN at Hartford ROBERT C. RUSSELL, ET AL JANUARY 261, 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*,J G4,--_L 1984, cause the tobacco barn referenced in Paragraphs S, 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 Stipulated 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 appli- cations to the various agencies of the Town of South Windsor with respect to said JOHN J.WOODCOCK III ATTORNEY AT LAW barn. Nothing contained herein shall be construed as requiring the Plaintiff or 396 BUCKLAND ROAD P.O. BOX 664 SOUTH WINDSOR, CT 06074 JURIS NUMBER •rr 66620 (203) 644.1431 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 ,�� 7 1981 PLAINTIFF, TOWN OF SOUTH WINDSOR By: aof G1.� n J. WoI cock, III Its ttorn DEFENDANT J. ROBERT C RUSSEL and BETTY JEAN RUSSELL By- c H ld R. Cumm s 'r Attorne R BERT . RUSSELL B 4-B - JEiRUSSE­LL -2- '.,.WOODCOCK111 The premises affected by this stipulation are known as 334 "TORNEY[Y AT AT LLAW BUCKLAND ROAD Chapel Road, South Windsor, Connecticut, as shown on the map WINDS attached hereto incorporated here and by reference as Exhibit A. JTH INDlOR. CT 06074 IURIS NUMBER 6e620 (203)644.2431 e APPLICATION FOP, Y TOWN OF SOUTH WINDSOR TO BE COMPLETED BY BOARD ZONING BOARD OF APPEALS Filed . . . . . . . . . . . . . . . 40 ATE) 1 . Application and supplements must be filed in duplicate , Fee . . . . . . . . . . . . . . . . 2. Application must be typewriter or printed in ink. 3. All items must be answered. The application will be Receipt No. . . . . . . . . . . . . returned if incomplete or not described satisfactorily. 4. The application must be delivered to the Building Department or Planning Department by the 15th of the month. 5. The sign purchased from the Planning Department must be displayed on the property at least 10 days prior to the Public Hearing in a location visible from all public streets. 6. A Class D or better survey of the property in question must be submitted with the application showing streets, lot lines, building lines, zone boundary lines, dimensions and buildings present and proposed, and buildings_ on adjacent properties and distance from subject property. 7. If a variance is being requested, a legal description of the property must be submitted with the application. (Obtained from mortgage records) . 8. The applicant, or his representative , must be present for the Public Hearing, the time, date and place to be advised by mail. 9. Inquiries on th s application may be directed to the Planning Department or Building Department at the Town Hall, APPLICANT Robert C. & Betty ,lean Russell MAILING ADDRESS: 334 aiapel Road, South Windsor, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION: Robert C. & Betty Joan fiWsell LOCATION OF PROPERTY IN QUESTION : 334 Ciapel Road, South Windsor, Ct. 06074 ZONE Industrial CHECK ONE OF 'THE FOLLOWING: REQUEST VARIANCE TO SECTION 5.2 OF THE ZONING REGULATIONS TO ALLOW five (51) foot sideyard at Northwesterly corner of tobacco barn, instead of ten (10') required by regulations OR SPECIFIC EXCEPTION OR APPROVAL UNDER SECTION OF THE ZONING REGULATIONS TO ALLOW OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR OR TEMPORARY AND CONDITIONAL PERMIT FOR Z:;7 OR AN APPEAL FROM THE ZONING OFFICER' S DECISION INVOLVING Rev. 10-82 (over) �toWN SFg4 7-0 07je SOMM V46t� U 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 203/644-2511 November 4, 1983 CERTIFIED MAIL Harold Cummings, Esq. 1665 Ellington Road South Windsor, CT 06074 Dear Attorney Cummings The application of Robert C. and Betty Jean Russell to the South Windsor Zoning Board of Appeals requesting a variance to Section 5.2 of the Zoning Regulations to allow a 5 foot sideyard, instead of the 10 feet required by the regulations, at the northwesterly corner of a tobacco barn located at 334 Chapel Road, South Windsor (I Zone ) , has been granted. In granting this variance, the Board noted that it is strictly to pre serve the continued use of the existing tobacco shed, and it should not be construed as allowing construction of any new structures within the side yard line . This action is effective November 169 1983 and upon your filing the enclosed form in the Town Clerk' s Office. Very truly yours, Richard H. Eriksson, Chairman Zoning Board of Appeals sc encl. je�4r loe,7 4�F I, Richard H. Eriksson, Chairman of the South Windsor Zoning Board of Appeals, hereby certify that on November 3, 1983, the Zoning Board of Appeals granted to Robert C. and Betty Jean Russell, 334 Chapel Road, South Windsor, a variance to Section 5.2 of the Zoning Regulations to allow a 5 foot side yard, instead of the 10 feet required by the regulations, at the northwesterly corner of a tobacco barn located at 334 Chapel Road, South Windsor (I Zone, a certain piece or parcel of land with buildings thereon, situated in I the Tojan of South Windsor, County of Hartford and State of Connecticut 1,, located northerly of Chapel Road acid I:nown as No. 334 Chapel Road and also known as Lot No. I on a certain map or plan entitled, "Subdi vi sici of Land of Estate of Stephanie Jurgelas Chapel Road - N/S South [Iindso Conn Emil 14. Lucek Associates Scale 1" = 40' Date 11-25-77 Sheet 1 of 1 Certified Substantially Correct - Degree of -A�ccu acy A-2" , which map or plan is on file in the Town Clerk's Office in the Town of South Windsor to which reference may be had. Said premises are more particularly bounded and described as follows : i NORTHEASTERLY: by other land of Charles Jurgelas et al, One Hundred Forty-Nine and Thirty-Eight One-Hundredths (149.38) feet; SOUTHEASTERLY: by other 1-and of Charles Jurgelas et al, One Hundred Seventy-Nine and Sixty-Five one--I-iundredth:.3 (179.65) feet, designated as Lot No. II on said map or plan; SOUTHWESTERLY: by Chapel el Road One Hundred Fifty t and no One-Hundred thi � y (150.00) feet ; and NORTHWESTERLY: by other. land of Charles Jurgelas et al, which is to b or has been transferred to Samuel M. S is isky, One Hundred Eighty-Three and Twenty-Three One-Hundredths (183 .23) feet . Owner of records Robert C. and Betty Jean Russell Dated at South Windsor, Connecticut this 7th day of November, 1983 'e, � --0- r- ' Richard H. Eriksson, Chairman Public Act #75-317 Zoning Board of Appeals Received for Record this AT ATTEST: TOWN CLERK TT) 01IN SE,t y T o-P So� o C U 4 , �(d 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 r�psoR.Co AREA CODE 203/644-2511 November 49 1983 CERTIFIED MAIL Harold Cummings, Esq, 1665 Ellington Road South Windsor, CT 06074 Dear Attorney Cummings The application of Robert C. and Betty Jean Russell to the South Windsor Zoning Board of Appeals requesting a variance to; Section 5.2 of the Zoning Regulations to allow a 5 foot sideyard, instead of the 10 feet required by the regulations, at the northwesterly corner of a tobacco barn located at 334 Chapel Road, South Windsor (I Zone ) , has been granted. In granting this variance, the Board noted that it is strictly to pre serve the continued use of the existing tobacco shed, and it should not be construed as allowing construction of any new structures within the side yard line . This action is effective November 169 1983 and upon your filing the enclosed form in the Town Clerk' s Office. Very truly yours, Richard H. Eriksson, Chairman Zoning Board of Appeals sc encl. -Z-, t 6(7—o6F I, Richard H. Eriksson, Chairman of the South Windsor Zoning Board of Appeals, hereby certify that on November 3, 19839 the Zoning Board of Appeals granted to Robert C. and Betty Jean Russell, 334 Chapel Road, South Windsor, a variance to Section 5.2 of the Zoning Regulations to allow a 5 foot side yard, instead of the 10 feet required by the regulations, at the northwesterly corner of a tobacco barn located at 334 Chapel Road, South Windsor (I Zone, a certain piece or parcel of land with buildings thereon, situated in the Toi-m of South Windsor, county of IIartf ord and State of Connecticut located northerly of Chapel Road aYid I:nown as No. 334 Chapel Road and also known as Lot No. I on a certain n:ap or plan entitled, "Subdi visici of Land of Estate of Stephanie Jurgelas Chapel Road - N/S South Windso Conn Emil W. Lucek Associates Scale 1" = 40' Date 11-25-77 Sheet 1 of 1 Certified Substantially Correct - Degree of -Accuracy A-2", which map or plan is on file in the Town Clerk's Office in the Town of South Windsor to which reference may be lead. Said premises are more particularly bounded and described as follows - NORTHEASTERLY: by other land of- Charles Jurgelas et al, One Hundred Forty-Nine and Thirty-Eight One-Hundredths (149.38) feet; ' SOUTHEASTERLY: by other land of Charles Jurg elan et al, One Hundred Seventy-Nine and Sixty-Five Ore--I-Iundredth:� (179.65) feet, designated as Lot No. II on said map or plan; SOUTHWESTERLY: by Chapel Road, One Hundred Fifty and no One-Hundredth (150.00) feet; and NORI WESTERLY: by other.-land of Charles Jurgelas et al, which is to b or has been transferred to Samuel PT. Sisisky, One I3undred Eighty-Three and Twenty-Three One-Hundredths _ (183.23) feet. Owner of records Robert C. and Betty Jean Russell Dated at South Windsor, Connecticut this 7th day of November, 1983 Richard H. Eriksson, Chairman Public Act #75-317 Zoning Board of Appeals Received for Record this AT ATTEST: TOWN CLERK - i LAW OFFICES KUEHN, CAVANAUGH AND CUMMINGS, P. C. 1665 ELLINGTON ROAD SOUTH WINDSOR, CONN. 06074 (203) 644-3473 WEST HARTFORD OFFICE' EDWARD R. KUEHN 968 FARMINGTON AVENUE DANIEL P CAVANAUGH /) WEST HARTFORD, CONN 06107 HAROLD R.CUMMINGS (203)236 2973 FRAZIER G. SCOTT HARRY D WELLER 1984 LORRAINE PAULHUS PLEASE REPLY TO. SOOT;SOUT ;OftlND50R Mr. Robert Gilligan, Chairman � .3 South Windsor Planning & Zoning Commission South Windsor Town Hall t Sullivan Avenue South Windsor, CT06074 In Re: Application Robert C. & Betty Jean Russell 334 Chapel Road Dear Chairman Gilligan: On behalf of Robert C. & Betty Jean Russell, I am requesting Amendment to the terms and conditions of subdivision approval that was originally granted by the Commission on January 3, 1978, for Jurgelas. As one of the conditions of that subdivision approval, a tobacco barn partially located on property now owned by the applicants, was ordered removed. The purpose of this application, is to allow, the barn as reduced i size, to be allowed to remain in existance. For the Commissions guidance, at ched please find the following: fi Exhibit A: Survey Map Of Property Showing Tob co Shed Exhibit B: Stipulation For Judgment Enter In Suit Brought B Town In P � g Y 1981.To Require Removal Of Barn Exhibit C: South Windsor Zoning Board Of Appeals Application To Request Sideline Variance Exhibit D: Letter Of Approval From South Windsor Zoning Board Of Appeals Exhibit E: Legal Notice Of Approval Of Request For Variance From South Windsor Zoning Board Of Appeals In view of the Variance granted by the South Windsor Zoning Board of Appeals, the applicants respectfully request that the stipulation of approval of Jurgelas be ammended to provide that only that portion of the barn which exceeds the variance granted by the South Windsor Zoning Board of Ap als, be removed and that the remaining portion of the barn be allowed to remai to 'ncere y u - Ha d R. C ings HRC/can Enclosures �-It owN sF,4� r T-a O-P ?&11� o � C V 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 � soe•co AREA CODE 203/644-2511 October 11, 1984 Harold R. Cummings , Esq . 1665 Ellington Road South Windsor , Ct. 06074 Dear Hal : Re : Robert C. and Betty Jean Russell 334 Chapel Road Please be advised that the Planning & Zoning Commission voted to modify its subdivision approval to grant permission for what is left of the barn to remain on the above site . The plan which was filed on May 17, 1983 should be amended to show the barn on Lot #1 , and this letter as well as the letter from the Zoning Board of Appeals granting the variance , should be reproduced thereon. Please submit the mylar , together with three paper prints and it will be signed and filed in the Town Clerk' s Office . Yours very truly , PLANNING AND ZONING COMMISSION vg By: G � obert F. Gill gan, Cha rman CC: P . DeMallie , Planning Director y -0�� O-P S-O-U� U • O O C V 1540 SULLIVAN AVENUE - SOUTH WINDSOR, CONN. 06074 f�osoR.CO AREA CODE 203/644-2511 October 11, 1984 Mr. Robert Warren, Chairman Zoning Board of Appeals 494 Abbe Road South Windsor, Ct . 06074 Dear Bob : Re: Robert C. and Betty Jean Russell 334 Chapel Road The Planning and Zoning Commission was recently asked to modify a subdivision approval which was granted in 1983 , to permit a barn to remain. This is a situation where when the subdivision was requested the applicant wanted the property line to go through the barn, and the Commission voted to approve it , conditioned upon removal of the barn. Portions of the barn were , located on three lots , and the Town eventually went to Court to force removal of the barn. Two of the property owners did remove it, but the third property owner circumvented the regulations and secured a 5 ' variance from the ZBA in order to permit that portion of the barn to remain. The hardship in this case was created by the property owner when he subdivided his land, and hardships created by a property owner are not a legal reason for granting a variance. If you have any question about this, I would suggest you confer with the Town Attorney. The Planning & Zoning Commission reluctantly modified its approval to permit the barn to remain. Yours very truly, PLANNING AND ZONING COMMISSION vg By: Pa 10t- Robert F. Gil-ligan, Ch "rman l CC : P . DeMallie, Planning Director Richard Rittenband , Esq. , Town Attorney