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Home My WebLink AboutVariance (135) APPLICATION FOR TOWN OF SOUTH WINDSOR l ZONING BOARD OF APPEALS 1. Application and supplements must be filed in triplicate. 2. Application must be typewritten or printed in ink. 3. Answer all items, with particular attention to Page 3. 4. Application must be delivered to Chairman or Secretary no later than 15 days prior to first Thursday of each month. Submit application as soon as possible because it will be returned if incomplete or not described satisfactorily. 5. The applicant or his representative must be present for the Board Meeting (time and place to be advised). TO BE COMPLETED BY BOARD Applicant . . . . B�, z IQQth .TYc z. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed . � 1.?�� . . . . . (DATE) Mailing Address . . 5.5.8 .Never s. Rraa.d;. .So. .Wind.%Qr,, Ct. . 0 fi 03.4. . Fee . 26-" Receipt No. . . Is applicant a corporation, co-partnership or individual? Individual . . . . . . . . If corporation list names of officers, if co-partnership — owners: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-------. . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .-------. . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Is applicant owner, lessee or prospective tenant? . . . . . OwIiex . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Check one of the following: ❑REQUEST VARIATION OF ZONING ORDINANCE: To vary Article . . . 5.2. . . . . . . . . Section . . . 5 . . . . . . . . to allow . . . . variance .Q f.minimum .Jot. wa.dth .Qrj 2 . lots, C1 �ZAL � ❑ OR SPECIFIC EXCEPTION OR ❑ APPROVAL UNDER Section• • • • . . . . . . . . . . . . . . . . . . . . . . . . . . toallow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑OR AN APPEAL FROM THE BUILDING INSPECTOR'S DECISION INVOLVING . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ❑ OR STATE HEARING UNDER 14-321❑ OR 14-54❑ OF THE GENERAL STATUTES FOR . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . OR TEMPORARY AND CONDITIONAL PERMIT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . on premises known as . . . . . . . . . .. . . . . . . '`�'�`�� Zone �' /�- (STREET AND NUMBER) . . . j - . ' . . . . . . . . . . . . Owner of property . . !�. .C,C'/0 As T— . . . . , , 'rrl, . . . . . . . . . Address . . . . . . . . . . . . . . . . . . —1— State the particular hardship or unnecessary difficulty that prompts this application: • • •Applicant• .awns •approximately g.bar es -of•.land•,• -with•an. existing •dwel•ling, . . .it .will. be. .extremely. di,ff iGult. to. develQP. :'ear. .1aind . if rel of .is nQt. . . . . granted, as, .to minimum frontage, • The .Applicant. has ,364 I , of• .f rontage,,. and (Continue on Page 4) Signature of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . or — j2 r(, CLrO�'/7 /1 C�. This application was executed by . �n1II'liam.F,r . Grace . . . • • • • • • • • • • • • • • • • •.. (Attorney=&Abmizvd in behalf of. . . . . .Elizabeth. Tycz . . • • . . . . . . . . . . . . r (Applicant) " e O y Liquor Outlets Within the Restricted Area: Locations and Distances from Location in Question: Liquor outlets listed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . Distances listed by . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . . —2— Indicate plot by diagram, photographs and/or letters, in space belo• , showing streets, lot lines, building line, zone boundary lines, dimensions and buildings present and proposed. It is imobrtant to include adjacent properties with dis- tances from subject property. In case of structural changes or new structure blue print or drawing made to scale must be submitted with this application. See attached A2 survey of Applicant' s property — with proposed (2) lots on Nevers Road with remaining rear land as Lot #3. ACTION OF THE BOARD at the me ting Id on . . . .� �. �/. . . . . GRANTED DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .T". . . . . M,V.% . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . —3— requests a variance for Lots 1 and 2 for allowance of 157' frontage so that access may be allowed to remaining 6.7 acre of rear land. Applicant must seek approval of Planning and Zoning Commission for approval of a subdivision. Applicant purchased land in 1955. -4- ZONING BOARD OF APPEALS March 5, 1981 Members Present: Tom Murrin, Ed Steben, Robert warren Alternates Present: Bob Earley, sitting for Dick Eriksson Application #1413-81 - Thomas J. Rice Mr. Rice appeared and told the Board he was suppose to have a one-car garage but he decided to make it a two-car garage, which brings the struc- ture to within 12 feet of the side yard. Footings and the shell have been completed. No one was present to speak in.favor of or in opposition to the appeal. The Board questioned Mr. Rice about his reasons for-locating the garage on its present site. Mr. Rice explained his property has a frontage of 98 feet, the house was built on the middle of the lot with a kitchen door exiting on the left. He received a variance for a lot with less than the required frontage before building his house as well as an Inland wetlands permit. It was also determined a building permit and Certificate of Occupancy were issued prior to the construction of the garage, contingent upon it being built. The original plans called for a single-car garage. The neighboring property is approximately 20 - 30 feet to their garage. Mr. Murrin asked if Mr. Rice had estimated the cost of moving the garage so there would be a 20 foot side yard. ' Mr. Rice replied he had not. The dimen- sions of the garage are 2 5 ft. deep x 22 ft. wide. Mr. Warren pointed out that if the variance was granted his structure would still be subject to inspection by the Building Inspector and he might be required to make changes to conform with the building code. . Application_ #1414-81 - Connecticut-Valley Machine Co. Mr. Leonard Teicher represented the appellant and indicated he would erect the requested sign. He stated the request was for a sign which would be large enough to identify the building. No one spoke in favor or in opposition to the appeal.- Upon questioning, the Board determined the sign would be two-sided, unlighted, erected perpendicular to the road about 15) - 20 feet back and measure 616" from top to bottom of the sign. The variance required is for a 27 sq. ft. sign which is about double the allowable size. The requested sign will- be the only one used in identifying the business. Application #1415-81 - Nicholas Lata Mr..-Lata-said-he was-part owner- of a--farm--on Ellington Road along--with his. eight brothers-_and-sisters. The house which once-occupied the property burned and there is a need for someone to be in residence, especially during the growing season to protect the property. The property will eventually be condemned for use in the construction of I-2 91. Mr. Lata requested permission to place a ZONING BOARD OF APPEALS March 5, 1981 mobil home on the property on a temporary basis. No one was present to speak in favor or in opposition to the appeal. Mr. Murrin determined the mobil home would be placed approximately where the house had been located and utilities and septic system are available. The temporary and conditional permit is requested for 2 years. The trailer will be occupied year-round by a relative, if possible. Mr. Later said he would buy the biggest mobile home he could find and erect a foundation if necessary. Mr. Earley asked about the value of the equipment on the property. Mr. Lata replied they were small garden tools but he was especially concerned with protecting his crops during the growing season. Th6 farm cons'sts of 28 acres, with tillable area of about 13 acres. Application #1416-81 - Mary J. Sedar Mr. Robert Sedar, 53 Marilyn Road, represented the appellant. It is his intent to fix up the old house on the property. Present frontage is 32. 13 feet on Troy Road. 4.. No one was'present to speak in favor of or in opposition to the appeal. The Board determined the house predates zoning. The present structure is 2 61 x 401 with a partial second story measuring 18' x 2 6 t. Mr. Sedar said he would like to add to the house which will make it more conforming to regulations. Application #1417-81 - Elizabeth Tycz Attorney William Grace represented the appellant. -He stated the 8. 8 acre parcel had been purchased in 1955. and occupied by Mr. & Mrs. Tycz. It is their intention to create a second lot to give to their daughter. Presently, the parcel is one lot. Attorney Grace requested t xio lots be created, each with a frontage of 157 feet. A 50 foot right of way would remain to allow access to the rear lane- A site plan will be presented to Planning and Zoning for subdivision. The land abutting is an open-space subdivision, thus preventing a road to allow access to the rear. A variance of 48 feet is needed on each lot. A. new sub- division located nearby has lots with a frontage of 100 ft. so this request would not deviate from the neighborhood. Attorney Grace reviewed some of the history of the property and indicated a mortgage taken on the property by the Tycz Is showed a lot of 250' x V.5'. No one was present to speak in favor or in opposition to the appeal. Mr_ warren noted there was adequate frontage to have two 1751 building lots on Nevers Road._ __He questioned why this would not be acceptable. __ Mr. Grace replied there would then be no access to the rear land and Mr. Tycz would have to make some arrangements with his neighbor to enter the property. Mr. Murrin asked if access to the back .land was being preserved to allow future building lots. Mr. Grace replied the present request was for two lots but ffie back land would be keep for use sometime in the future. Mr. Tycz would be required to return to ZBA for any use of the rear land. - ZONING BOARD OF APPEALS March 5, 1981 Application #1418-81 - Taylor & Fenn Development Corporation Attorney William Grace represented Mr. Butler and Mr. Albano, also present. He reviewed the history of the property which was purchased from Plasticrete Corp. Although three rights of way were believed to exist, only one could be verified on Town records--that off Pleasant Valley Road. This ROW will be developed as a road to reach the approximate 27 acres Taylor and Fenn have purchased. Lot #1 is a large hole where dumping has taken place. The appel- lant uses a process which requires a sand to be used around a mold. This sand would be dumped in the hole on the property over the next 14 -- 15 years, thus improving the property. The sand is presently being used for landfill cover and is environmentally safe. It is expected I - 3 container-type trues per day would bring the sand to the property. ` Attorney Grace explained the land along the Podunk would be donated to the Town. No one spoke in favor or in opposition to the appeal. The Board questioned Attorney Grace about the material to be dumped. Attorney Grace stated a permit was required from the Department of Environ- mental Protection. The material is black, with a fine texture but did not con- tain any oil. They are requesting a permit from PZC and IWA for one year only. Mr. Butler explained in greater detail, the process used in creating the sand. Application #1419-81 - Carol F. Shepard Tim Shepard `explained they recently purchased the East Windsor Hill Post Office building with the intention of upgrading and preserving the facility. There is an apartment to the rear of the building with office space in the front. The requested permit would be to allow a different person to use the office space than those who may rent the apartment. Mr. Shepard spoke to his neighbors about the apartment and office and they had no objections. Mrs. Raymond, the immediate neighbor, has cooperated with regard to land for a septic system . No one was present to speak in favax or in opposition to the appeal. Mr. Warren asked about available parking. Mr.Shepard explained there was room for five cars on the north side which would be marked for use by the Post Office and other occupants of the building.. The area is black-topped and part of the taking line of the road. The permit is requested for a period-of two years. Application 1420-81 - Czeslaw Lubowicid Attorney Anthony Gryk represented Mr. Lubowicki. He explained Mr. Lubowicki has a job shop in Vernon and presently resides in Hartford.---The appellantis looking-for a place to reside and work with a couple of assistants. The parcel-.---- purchased on Long Hill Rd. contains over 11 acres with the front zoned RR and the rear zoned Industrial. The Industrial portion does not have access to the ZONING BOARD OF APPEALS March 5, 1981 road; a variance is needed to use it. Based on the Assessor Is map, the frontage of the property is 165 feet, 10 feet short of that required. The area is more than 401000 sq. ft. Attorney Gryk explained Mr. Lubowicki would like a small machine shop in the rear with a home in front. He will not build immediately. bui t would like the variance approved because he has agreed to purchase the property. No one was present to speak in favor of the appeal. Mr. Maynard Briggs; 124 Long Hill Road, stated he was familiar with the land in question_ because it had been owned by his grandfather. In the spring the land is very wet and questioned what could be used for a septic system for the house. Mary Jarvis, 87 Long Hill Road, was concerned about the machine shop and the attractive nuisance it would create for neighborhood children. Morton Klein, 78 Long Hill Road, mentioned the area is residential and he would like to see it remain that way. Mrs. Kibbe, 10 Long Hill Road, felt a machine shop would be a disaster to the area. No precedent has been set and she did not want to see something started in the area. Dick Kibbe, 10 Long Hill Road, did not understand how Industrial could be zoned behind a residential area when all the frontage was a residential area. Jean Klein, 78 Long Hill Road, asked about the size and type of shop planned. Attorney Gryk replied his client was not asking for a zone change; it is already zoned Industrial and a machine shop is a permitted use in an Industrial zone. The size of the shop has not been determined but assured those present it would be a small operation. Zoning would establish the location of the shop and all requirements would be met. If the lot had adequate frontage, no variance would be required to build a house. The lot is not in a wetlands area and any septic system will meet the requirements of-the Building Inspector. It was mentioned a. sewer line existed along the northerly property line with stubs leading into the parcel, thus allowing connection if necessary. Emil. Lucek was present and stated he would not recommend a septic system be installed on the property. It was also noted the southerly boundary abuts a HELCO right of way. Mr. warren asked about typical frontages of other properties in the area. Mr. Lucek replied the property to the south had a frontage of 134 feet, another 175 feet, Mr. Briggs owned one-half mile and another house has a frontage of 180 feet. Mrs. Jarvis asked if Mr. Lubowicki would build his home first. Attorney Gryk stated the home would be constructed first and then the shop. Both were soveral years from being started and it was understood the appellant would apply to PZC for a site plan approval. Mrs. Kibbe was concerned a portion of the 165 foot frontar a would have to be used for the access to the rear industrial land. Mr. Warren inquired about customer traffic and was informed Mr. Luboxvicki usually did his own pickup and delivery. Nir. Earley determined the applicant presently operates a shop with one part- time helper, operates three machines and makes small parts for Pratt & Whitney Aircraft. WORK SESSION Application #1413-81 Mr. Murrin moved the rejection of Application #1413-81, Thomas J. Rice, 340 Poster Road, South Windsor, requesting a variance of Section 5.2 to allow a garage with less than required side yard on premises known as 340 Poster Road, Zone RR. Mr. Steben seconded. The Bcard felt no hardship existed and there was no requirement for the garage to be placed in violation of sideline requirements. The motion was unanimously approved. Effective Date: March 18, 1981 Application #1414-81 Mr. Steben moved approval of Application #1414-81, Connecticut Valley Machine Co. .. 32 Glendale Road, South Windsor, requesting a variance of Sections 4. 4. 3 and 4. 7. 4. 3 to allow an oversized sign on premises known as 580 Nutmeg Road, Zone 1, providing sign is as specified on the plan submitted. Mr. Murrin seconded; unanimously voted in favor. Effective Date: March 18, 1981 Application #1415-81 Mr. Murrin moved Application #1415-:81, Nicholas Lata, 32 Oakwood Street, East Hartford, requesting a temporary 'and conditional permit to allow a mobile home on premises known as 269 Ellington Road, Zone I, be approved for a period of 2 years. The Board observed this was a unique situation in view of the pending condemnation of the property for I-291. This approval is for a single mobile home of no less than 30 feet in length to be placed approximately where the dwelling had been located. Mr. Steben seconded; Murrin; Steben and Warren voted in favor with Mr. Earley voting in opposition. Effective Date: March 18, 1981 Application #1416-81 Mr. Steben moved Application #1416-81, Mary J: Sedar, 47 Troy Road,- South-- Windsor, requesting a variance of Section 3. 10. 3 to allow an addition on pre- mises known as 47 Troy Road, Zone RR, be approved. It was noted the house predates zoning and a variance to Section 3. 10.3 will allow expansion or re- construction. �v ZONING BOARD OF APPEALS March 5, 1981 There is ample square footage in the property consisting of. approximately 3 acres and expansion to the dwelling will make the square footage of the living space more conforming. Mr. Earley seconded; unanimously approved. Effective Date: March 18, 1981 Application #1417-81 Mr. Steben moved Application #1417-81, Elizabeth Tycz, 558 Nevers Road, South Windsor,, requesting a variance of Section 5.2 to allow two lots of reduced . width on premises known as 558 Nevers Road, Zone R.R., be approved for a15 foot variance on each of two lots as specified in the map accompanying the application. Mr. Earley seconded. Mr. Murrin felt the back land was not solely dependent on the right of way as shown. It was also noted the square footage was larger than most conforming lots in that area. Messrs. Earley, Steben and Warren voted in favor; Mr. Murri,n voted in opposition. Application #1418-81 i` Mr. Murrin moved Application #1418-81, The Taylor & Fenn Development Corporation, 22 Deerfield Road, Windsor, requesting a variance of Section 5.2 to allow a lot of reduced width on premises known as land now/formerly of Plasticrete Corporation, Pleasant Valley Road, Zone 1, be approved for a variance of 100 feet on the minimum lot width in order to allow PZC to act on a pending landfill use application. This variance is not for the purpose of building or industrial development which should require a minimum frontage of 100 feet. The Board noted this was a large piece of landlocked property and the landfill represented a long-term improvement to the land itself as well as the surround-- , ing property. The motion was unanimously approved. - Effective Date: March 18, 1981 Application #1419-81 ` Mr. -Earley moved the approval of'Application #1419-81, Carob F: Shepard, 585 Main Street, South Windsor, requesting a temporary and conditional per- mit to allow an office on premises known as 1865 Main Street, Zone A-40, for a period of 2 years. Improvements to the building will enhance the - property and facilitate preservation of an historic building. It was felt the neighboring property would not be harmed. The motion was. seconded by Mr. Steben and unanimously voted in favor. Effective--Date---March 18,-- 98 --- - r ZONING BOARD OF APPEALS March 5, 1981 Application #1420-81 Mr. Earley moved the approval of a variance to Section 5.2 of 10 feet for residential purposes only and the denial of a variance to Section 3. 14. 1 for accessory industrial use. The Board felt access was not intended to be from Long Hill Road or Chapel Road to the industrial land without further development of an approved Town road. Mr. Steben seconded; unanimously voted in favor. Effective Date: March 18, 1981 Robert W. Warren Secretary bcl� f.. w . ZONING BOARD OF APPEALS March 5, 1981 Application f 1420-81 Mr. Earley moved the approval of a variance to Section 5.2 of 10 feet for residential purposes only and the denial of a variance to Section 3. 14. 1 for accessory industrial use. The Board felt access was not intended to be from Long Hill Road or Chapel Road to the industrial land without further development of an approved Town road. Mr. Steben seconded; unanimously voted in favor. Effective Date: March 18, 1981 Robert W. Warren Secretary bck (Chairman)(Secretary) of the South Windsor Zoning Board of Appeals, hereby certify on 197 t the Zoning Board of A 'ppeals granted the following variance(s) to: for for premises located at : Ne_v_ers Road, South Windsor, Conn. and more particularly bounded and described .as follows : Ldt Nos. 1 and 2 on a map entitled "Subdivision Plan for Elizabeth Tycz, },fevers Road, South Windsor, Ct. , Proj . No. 80-234a Date: 2/9/81 Scale: 1" = 401 , Sheet No. 1 of 1 Fuss & O'Neill Consulting Engineers, Manchester, Connecticut" which map is to be filed. The premises are located on the Easterly side of Nevers Road and are located by land now or formerly of Douglas W. Johnson, Jr. i I Owner ol record:_ Elizabeth Tycz Dated at South Windsor, Connecticut, this day of 197-. (Chairman) (Secretary) ZONING BOARD OF APPEALS PUBLIC ACT NO. 75-317 Received for Record this G^, v s Attest: Town Clerk C � a �v 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 OR-CO� AREA CODE 203/644-2511 March 9, 1981 CERTIFIED MAIL Mrs. Elizabeth Tycz 558 Nevers Road South Windsor, CT 06074 Dear Mrs. Tycz: RE: Application #1417-81 Your application to the South Windsor Zoning Board of Appeals re- questing a variance of Section 5.2 to allow two lots of reduced width on premises known as 558 Nevers Road, Zone RR, has been denied. The Board expressed concern about two additional nonconforming lots being created and the back land was not solely dependent on the right of way as shown. Sincerely yours, TOWN OF SOUTH WINDSOR Robert W. Warren, Secretary Zoning Board of Appeals RWW:bck uo•Ra5;.� ,.). �7-1 ��ru' nz� c �nc�r�s t�rK---------------"--* jo lulls plus Joj JOJ lllIA")"ll all'p Iia.ta JO alotr -C.losslnt0.ul sill pill: I►aaj) .). t'.ii�.tO11I S'llll aaliIt'.i�) atlj oI ll:).Ta.U[al) j)lti! 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