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HomeMy WebLinkAboutVariance (269) S0WM SC4 wn- 0-"e Slau';(A Vzovz"Id&��t 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 soR•co AREA CODE 203/644-2511 May 21, 1984 i Tyler, Cooper & Alcorn One American Row Hartford, CT 06103 To Whom It May Concern: The application of Hildred S. Raymond to the. South Windsor Zoning Board of Appeals will be heard at a public hearing on Thursday, June 7, 1984 at 7:30 p.m. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor. someone must be present at the hearing to represent this application. The sign purchased from the Building Department must be displayed on the property at least 10 days prior to the public hearing in a location visible from all public streets. Also, the Town of South Windsor Flood Plain Regulations (Section 4.10) should be thoroughly reviewed since any . substantial improvements would fall under these provisions. Mr. Peter DeMallie, Director of Planning, (644-2511 ext. 250) is available to discuss this with you if you so desire. Enclosed is a receipt for the application fee of $30. and the $5. cost of the sign. Very truly yours, 4 0-4 ZA,-k c,uC"� �.' Robert Warren, Chairman Zoning Board of Appeals RW/src encl. MEMORANDUM June 2 , 1984 TO : Zoning Board of Appeals RE: Variance Application of Hildred S . Raymond - Ferry Lane I have reviewed the above-referenced variance application, and offer the following comments : 1. The property location is incorrect . The subject property is at the west end of Ferry Lane, not the east . 2 . I agree with Attorney Berden' s interpretation that a zoning variance is required to Section 3 . 10 . 3 prior to improvement of the subject house; however , that is not the only section of the zoning regulations to which they would not conform. Section 3 . 10 . 7 , regulating the extension of non-conforming uses , also applies , insofar as this improvement would extend the use to a year-round basis and for human habitation . Moreover , and in my opinion far more important to the con- sideration of this request, are the provisions of Section 4 . 10 , the Flood Plain Zone. Institution of a single-family home use is expressly prohibited within this zone . Indeed , the zone' s purpose, as stated in Section 4 . 10 . 1,_ is to secure safety from flood , prevention of property damage, and loss and all other related dangers , and of promoting health and general welfare by regulation of flood plain areas . Zoning Board of Appeals Page 2 June 2 , 1984 Our flood plain zone regulations have been developed consistent with federal requirements of the National Flood Insurance Program, and approved by State and Federal authorities. This instant improve- ment, apparently a "substantial improvement , " would require that the building ' s lowest floor, including the basement , be elevated to or above the base flood level , and the elevation certified by an engineer or architect. This requirement may be unobtainable, given that the structure is existing. Other FP Zone requirements state that septic and water systems must be specially designed to minimize or eliminate the infiltration of flood waters (which are contaminated) into the systems , and discharges from a septic system into flood waters , among other requirements . 3 . Variances to the Flood Plain Zone regulations must be issued consistent with the Code of Federal Regulations , as stated in Section 4 . 10 . 4 of our zoning regulations . I have conferred with Mr . Rob Sonichsen of the Federal Emergency Management Agency in Boston, which administers the program, who advises me that the lowest floor or basement would have to be above the base flood level . For a variance to be considered, there must be good justification. Any improvements should not be subject to flood damage , because the program is designed to eliminate or minimize insurance claims attri- buted to flood damage . Mr . Sonichsen may be reached at telephone number 1-617-223-2616 . It is imperative that the applicable sections of the Code of Federal Regulations also be secured . Zoning Board of Appeals Page 3 June 2 , 1984 4 . Any variance should not jeopardize South Windsor ' s partici- pation in the National Flood Insurance Program, which makes available flood insurance to Town Residents . 5. The safety of future inhabitants of this building , should a flood occur like the on-e in progress at time of writing , is so questionable, that I feel it is unjustifiable to allow the improvement of this structure into a year-round residence fit for human habitation. Residents of the adjacent structure were evacuated earlier this week. The ground elevation in the vicinity of the subject structure is approximately 28 feet , or five feet below our flood level of 33 feet yesterday evening . Ground elevation in the vicinity of the adjacent inhabited structure is approximately 30 feet . Moreover , the safety of Town oz other personnel involved in any rescue operation might be jeopardized in a flooding situation. 6 . An exEeption to the Connecticut Basic Building Code might be required to allow- for the-)proposed improvement . 7 . The sign posted in front of the subject building advertising the variance application, as required by the Zoning Board of Appeals , has probably been under water and not visible , since Wednesday . Zoning Board of Appeals Page 4 June 2 , 1984 8 . A Corps of Engineers ' 404 Permit may be required. 9 . State Department of Environmental Protection permits might be required as this area is beyond the State Channel Encroachment line for the Connecticut River . This department might also have jurisdication in other areas as well . In conclusion, I believe: the application should be resubmitted with the appropriate zoning regulation citations relative to a variance; the applicant or their agent should research the requirements of all applicable programs , for review; and finally, the Board should thoroughly review all ramifications of this proposal prior to rendering a decision. Peter R. DeMallie Director of Planning PRD/ds AT THE PUBLIC HEARING ON JUNE 7, 1984 NO ONE SHOWED TO REPRESENT THIS APPLICATION. SYDNIE R. COTE 6-8-84 J UN ` 81984 .w -_ _ Chapter I—Federal Emergency Management Agency §60.6 improvements are adequately designed and hazard,as it is known to the community; improvements to be erected on a lot of protected against mudslide (i.e., mudflow) (2) Require review of each permit appli- one-half acre or less in size contiguous to damages, (iii) the proposed grading, excava- cation to determine whether the proposed and surrounded by lots with existing struc- tions, new construction and substantial im- site alterations and improvements will be tures constructed below the base flood level, provements do not aggravate the existing reasonably safe from flood-related erosion in conformance with the procedures of hazard by creating either on-site or off-site and will not cause flood-related erosion paragraphs (a) (3), (4), (5) and (6) of this disturbances, and (iv) drainage, planting, hazards or otherwise aggravate the existing section; watering, and maintenance be such as not to flood related erosion hazard;and endanger slope stability, If a proposed improvement is found (3) Variances shall only be issued by a (b) When Administrator has delineated to be)in the path of flood-related erosion or sufficient cause,community upon (i) a showing determiof nn good and Zone M on the community's FIRM the to increase the erosion hazard require thegran e variance ation that t in community shall: improvement to be relocated nor adequate exceptional hardshipto tthe applicant,, and (1) Meet the requirements of paragraph protective measures to be taken which will (a)of this section;and not a (iii) a determination that the granting o a (2) Adopt and enforce a gradingorb_ aggravate the existing erosion hazard. variance will not result in increased flood nance or regulation in accordace with data neated Zone E on h When the e ccomaunity's FIRM, extraortor has deli- dinary u threats n public safety, supplied by the Administrator which (i) the community shall: Y public expense, create nuf regulates the location of foundation systems 1 lances, cause fraud is or victimization of( ) Meet the requirements of paragraph the public, an conflict with existing local and utility systems of new construction and (a)of this section;and substantial improvements, ii regulates the laws or ordinances; P ( ) (2) Require a setback for all new devel- location, drainage and maintenance of all opment from the ocean,lake,bay,riverfront determinationVariances shall lhe variance is he r be issued �nini excavations,cuts and fills and planted slopes, or other body of water, to create a safety mum necessary, considering the flood (iii)provides special requirements for protec- buffer consisting of a natural vegetative or hazard,to afford relief; _ C tive measures including but not necessarily contour strip. This buffer will be designated (5) A community shall notify the appli- limited to retaining walls, buttress fills, by the Administrator according to the flood- cant in writing over the signature of a subdrains, diverter terraces, benchings, etc., related erosion hazard and erosion rate, in community official that (i) the issuance of a s and (iv) requires engineering drawings and conjunction with the anticipated "useful variance to construct a structure below the specifications to be submitted for all corree- life" of structures, and depending upon the base flood level will result in increased tive measures, accompanied by supporting geologic, hydrologic, topographic and cli- premium rates for flood insurance up to soils engineering and geology reports. Guid- matic characteristics of the community's amounts as high as $25 for $100 of insur ante may be obtained from the provisions of land. The buffer may be used for-suitable ante coverage and (ii) such construction the e U edition and any subsequent edition open space purposes,such as for agricultural, below the base flood level increases risks to of the Uniform Building Code,sections 7001 forestry, outdoor recreation and wildlife life and property. Such notification shall be through 7006, and 7008 through 7015.The habitat areas, and for other activities using maintained with a record of all variance Uniform Building Code is published by the temporary and portable structures only. actions as required in paragraph (a)(6) of International Conference of Building Of- fic", 50 South Los Robles, Pasadena, this section;and California 91101. §60.6 Variances and exceptions. (6) A community shall (i) maintain a _ record of all variance actions, including absolute criteria for does not set forth justification for their issuance, and ii re- §60.5 Flood plain management criteria for granting variances from port such variances issued in its annual flood-related erosion-prone areas, the criteria set forth in §§60.3, 60.4, and report submitted to the Administrator. The Administrator will provide the data 60.5. The issuance of a variance is for flood (bX1) The requirement that each flood- plain management purposes only. Insurance prone, mudslide (i.e., mudflow}prone, and upon which flood plain management regula- preminum rates are determined by statute tions for flood-related erosion-prone areas according to actuarial risk and will not be flood related erosion prone community must shall be based. If the Administrator has not modified b the adopt and submit adequate flood plain provided sufficient data to furnish a basis for Y granting of a variance. The management regulations as a condition of community, after examining the applicant's initial and continued flood insurance eligi- these regulations in a particular community, hardships, the community shall obtain, review, and shall approve or disapprove a bility is statutory and cannot be waived,and reasonably utilize data available from other request. While the granting of variances such regulations shall be adopted by a Federal, State or other sources generally is limited to a lot size less than community within the time periods specified pending one-half acre(as set forth in paragraph(ax2) in §§60.3, 60.4 or §60.5.However,certain receipt of data from the Administrator° of this section), deviations from that limita- exceptions from the standards contained in However, when special flood-related erosion tion may occur. However, as the lot size this subpart may be hazard area designations have been furnished increases beyond one-half acre,the technical Administrator reco per where the by the Administrator they shall apply. The recognizes that, because of symbols defming such special flood-related increajustification required for issuing a variance extraordinary circumstances, local condi- erosion hazard designations are set forth in communis.ty's The Administrator may review a tions may render the application of certain §64.3 of this subchapter. In all cases the community s findings justifying the granting standards the cause for severe hardship and minimum requirements of variances, and if that review indicates a gross inequity for a particular community. q governing .the ade- pattern inconsistent with the objectives of Consequently, a community proposing the quacy of the flood plain management regula- sound flood plain management,the Adminis- adoption of flood plain management regula- tions for flood-related erosion-prone areas trator may take appropriate action under tions which vary from the standards set adopted by a particular community depend §59.24(b)of this subchapter.Variances may forth in §§60.3, 60.4, or §60.5, shall on the amount of technical data provided to be issued by a community for the recon- explain in writing to the Administrator the I the community by the Administrator. Mini- struction, rehabilitation or restoration of nature and extent of and the reasons for the mum standards for communities are as fol- structures listed on the National Register of exception request and shall include suffi- lows: Historic Places or a State Inventory of cient supporting economic, environmental, (a) When the Administrator has not yet Historic Places, without regard to the pro- topographic, hydrologic, and other scientific C identified any area within the community as cedures set forth in this section. Procedures and technical data, and data with respect being special flood elated erosion hazards pect to but the community has indicated the res: for the granting of variances by a tom- the impact on public safety and the environ- ence of such hazards by submittingP an munity are as follows: ment, the application to participate in the Program, community within Variances any designated rell not be gulatory a S (2) The Administrator shall prepare a mmunity shall: oodway increase gu rY pecial Environmental Clearance to deter- (1) Require the issuance of a permit for during the base if flo discharge would results, under paragraph whether the proposal for an exception all proposed construction, or other develop- Paragraph (b)(1) of this section will ment in the area of flood-related erosion (2) Variances may be issued by a tom have significant impact on the human en- munity for new construction and substantial vironment. The decision whether an (i) ' ll §60.7 Title 44—Emergency Management and Assistance Cha► Environmental Impact Statement (EIS) or Subpart 13—Requirements for overall comprehensive management plans for wit} (ii) a Finding of Inapplicability is required State Flood Plain flood-prone, mudslide (i.e., mudflow)-prone eme must be made by the Environmental Clear- Management Regulations and flood-related erosion-prone areas. While ance Officer of the initiating office with the adoption by a community of the standards con approval of the Assistant Secretary for Com- §60.11 Purpose of this subpart. in this subpart is not mandatory, the com- the munity Planning and Development based on munity shall completely evaluate these review by the Director, Office of Environ- (a) A State is considered a"community" standards, P y bor! mental Quality and the General Counsel Pursuant to §59.1 of this Subchapter;and, pro (Assistant General Counsel for Finance and accordingly, the Act provides that flood Administrative Law) in accord with HUD insurance shall not be sold or renewed under §60.22 Planning considerations for flood- stry Handbook 1390.1 (38 FR 19182, 19186), the Program unless a community has prone areas, are; "Departmental Policies, Responsibilities and adopted adequate flood plain management the Procedures for Protection and Enhancement regulations consistent with criteria estab- (a) The flood plain management regula of Environmental lished by the Administrator, tions adopted b a community for flood- sub Quality" which imple- y y � ments the National Environmental Policy (b) This subpart sets forth the flood plain Prone areas should: dive, Act of 1969 (Pub. L. 91 190) for FEMA management criteria required for State- (1) Permit only that development of programs, and guidelines of the Council on owned properties located within special flood-prone areas which (i) is appropriate in we, Environmental Quality (40 CFR Part 1500). hazard areas identified by the Administrator. light of the probability of flood damage and A State shall satisfy such criteria as a the need to reduce flood loses, (ii) is an relc Ninety or more days may be required for an condition to the purchase of a Standard acceptable social and economic use of the of environmental quality clearance if the pro- Flood Insurance Policy for a State-owned land in relation to the hazards involved,and ere posed exception will have significant impact structure or its ctents,or as a condition to (iii) does not increase the danger to human prc on the human environment thereby requir on fie. wit ing an EIS. the approval by the Administrator, pur the suant to Part 75 of this subchapter, of its (2) Prohibit nonessential or improper in (3) In accordance with paragraph (b)(1) plan of self-insurance. stallation of public utilities and public fa- of this section, a community may propose cilities in flood-prone areas, col flood plain management regulations which §60.12 Flood plain management criteria for (b) Informulating community devel- mt adopt standards for basements below the base flood level. The Administrator may State-owned properties in special hazard opment goals after the occurrence of a flood areas disaster,each community shall consider— ab' approve the proposal when the basements (1) Preservation of the flood-prone areas co'' are to be designed so that below the base (a) The State shall comply with the for open space purposes; wi' flood level the structure is watertight (i.e., minimum flood plain management criteria (2) Relocation of occupants away from co completely dry without human intervention set forth in §§60.3, 60.4,and 60.5. A State flood-prone areas; oc, during flooding) with walls impermeable to either shall: (3) Acquisition of land or land develop- de the passage of water and structural compo- (1) Comply with the flood plain manage- ment rights for public purposes consistent ag nents with the capability to resist hydro- ment requirements of all local communities with a policy of minimization of future tb static and hydrodynamic loads and effects of participating in the program in which State- property losses; fur buoyancy, owned properties are located;or (4) Acquisition of frequently flood- (4) In accordance with paragraph (b)(1) (2) Establish and enforce flood plain damaged structures; to of this section, a community may propose management regulations which, at a mini- (c) Informulating community develop- sn flood plain management regulations to per- mum, satisfy the criteria set forth in ment goals and in adopting flood plain gr: mit storm cellars below the base flood level. §§60.3, 60.4,and 60.5. management regulations, each community The Administrator may approve the pro- (b) The procedures by which a state shall consider at least the following factors— ra posal for storm cellars (as defined in government adopts and administers flood (1) Human safety; to §59.1 of this subchapter)after the commun- Plain management regulations satisfying the (2) Diversion of development to areas in ity has demonstrated an historical need for criteria set forth in §§60.3, 60.4 and 60.5 safe from flooding in light of the need to Pi storm cellars as a means of shelter against may vary from the procedures by which reduce flood damages and in light of the nc recorded occurrences of severe tornado or local governments satisfy the criteria, need to prevent environmentally incompati- similar wind storm activities in the area and (c) If any State-owned property is lo- ble flood plain use; cc based upon a community's acknowledge- cated in a non-participating local commu- 3 Full disclosure tll ci ment that (i) all new storm cellars shall be nity, then the State shall comply with the ( ) o a Prospective and n interested parties (including but not limited limited to nonhabitable uses, (ii) all elec- requirements of paragraph (a)(2) of this trical, heating and other mechanical equip- section for the property, to purchasers and renters) that (i) certain F ment shall be above the base flood level for structures are located within flood-prone 60.13 Noncompliance. areas, (ii) variances have been granted for all new storm cellars;and (iii) the design of § P certain structures located within flood-prone storm cellars shall assure that the integrity of If a State fails to submit adequate flood areas, and (iii)premium rates applied to new a, the main structure during time of flooding is plain management regulations applicable to structures built at elevations below the base tl maintained. State-owned properties pursuant to §60.12 flood substantially increase as the elevation } within six months of the effective date of decreases; si this regulation,or fails to adequately enforce (4) Adverse effects of flood plain devel- h §60.7 Revisions of criteria for flood plain such regulations, the State shall be subject to opment on existing development; it management regulations. * suspensive action pursuant to §59.24.Where (5) Encouragement of floodproofing to the State fails to adequately enforce its reduce flood damage; h From time to time Part 60 may be revised flood plain management regulations, the (6) Flood warning and emergency Are- as experience is acquired under the Program Administrator shall conduct a hearing before paredness plans; h and new information becomes available, initiating such suspensive action. (7) Provision for alternative vehicular ac- Communities will be given six months from cess and escape routes when normal routes the effective date of any new regulation to are blocked or destroyed by flooding; c revise their flood plain management regula- Subpart C—Additional Considerations in f. tions to comply with any such changes. Managing Flood-Prone,Mudslide (8) Establishment of minimum flood- r proofing and access requirements for Flood--RR(i Mudflow}Prone,and schools, hospitals, nursing homes, orphan- §60.8 Definitions. elated Erosion-Prone Areas ages, penal institutions, fire stations, police r stations, communications centers, water and §60.21 Purpose of this subpart. sewage pumping stations, and other public f ur f The definitions set forth in Part 59 of this The purpose of this subpart is to en- or quasi-public facilities already located in r subchapter are applicable to this Part. courage the formation and adoption of the flood-prone area, to enable them to 12 APPLICATION FOR T O 1y N O F S O U T H W I N D S O R TO BE COMPLETED BY BOAR[ ZONING BOARD OF APPEALS Filed .5` �l.� y. , , , 1 D♦ E 1 1 . Application and supplements must be filed in duplicate . Fee 3.5,`. , , , , . . 2. Application must be typewriten or printed in ink. 3• All items must be answered. The application will be Receipt No. i.�G v.' & 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 this application may be directed to the Planning Department or Building Department at the Town Hall. APPLICANT Hildred S. Raymond MAILING ADDRESS: c/o Tyler Cooper & Alcorn, One American Row, Hartford, CT 06103 OWNER OF RECORD OF PROPERTY IN QUESTION: Hildred S . Raymond LOCATION OF PROPERTY IN QUESTION : At the East end of Ferry Lane at the Connecticut River, on the south side of the road. ZONE FP CHECK ONE OF THE FOLLOWING: ITW REQUEST VARIANCE TO SECTION 3.1_ OF THE ZONING REGULATIONS TO ALLOW the replacement of the existing antiquated utilities with modern plumbing, heating, and electric utilities. 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 OR AN APPEAL FROM THE ZONING OFFICER' S DECISION INVOLVING Rev. '10-82 (over) Is applicant a corporation, co-partnership or individual? Individual ( If Corporation, submit a list of officers; if co-partnership, submit a list of owners. ) Is the applicant owner, lessee or prospective tenant? owner Are there any liquor outlets within the restricted area? No (If yes, submit a list of the liquor outlets, their locations and distances from the property in question. ) Is this property within 500 feet of another town line? No State clearly the particular hardship or unnecessary difficulty that prompts this application and indicate why other options are unacceptable . (Use a separate sheet of paper if necessary. ) This property is located in the Flood Plain zone. There is a small, but attractive, house standing on the property, built over one hundred years ago at the historic location of the town ferry landing. The house is structurally sound and is in an absolutely beautiful location, but it does not have modern utilities. Across the road from the house on the property in question sits another larger house, also next to the river in the Flood Plain. That house has been improved with the utilities which we now seek for its neighbor, and currently is occupied. These two are the only houses for a quarter-mile in any Dated this f (CONTINUED ON ATTACHED PAGE) day Qf a, 1 -- A PPLI CANT : (3 Signature) OWNER: C3u C'Q AXW 14 rULQ (Signature) ACTION OF THE BOARD at the meetin held on GRANTED DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i direction. Since residences are a non-conforming use in a Flood Plain zone, no improvements would be permitted to the house which cost more than its assessed valuation of $1, 000. 00 . A strict application of this regulation obviously would prevent the install- ation of modern utilities, and consequently would prevent the productive use of this existing building. Since the house is located in the Flood Plain zone, the only other productive use permitted by the regulations would be farming, for which the house is not suited. Without this variance, living in this house would be impractical, for all intents and purposes depriving the owner of an existing asset. If the town permits the owner of this house to fix it up and allow someone to live in it, it would become an asset to the town as well as to the owner, with its increased value and tax basis. On the other hand, if the variance is denied and the owner thereby prevented from fixing up the house, it will be useless to anyone. What a shame it would be to leave this perfectly good house to become a derelict. To prevent an otherwise attractive house from being completely wasted, I request this variance.