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APPLICATION FOR
TOWN OF SOUTH W I N D S 0 R TO911C N ET cBreoARD
ZONING BOARD OF APPIALS Filed . . . . ." . . . . .
e�rt
Fee f r." . . . . . .
I:fpORTANT: This application must be submitted to the Planning Department .46 c
by the second Friday of the preceding month to insure being Receipt No.
heard at the next meeting.
ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE
RETURNED IF INCOMPLETE.
- The application and supplements must be filed in triplicate
- The application must be typewritten or printed in ink.
- A Class D or better survey of the property in question must be submitted with the application ,
showing streets, lot lines, building line3, zone boundary lines, dimensions, and buildings
present or proposed, and buildings on adjacent properties and distance from subject property.
- If a variance is being requested, a legal description of the property must be submitted with
the application. This description can be obtained from mortgage records.
- 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 abutting streets.
- The applicant, or a representative, must be present for the public hearing. The time, date
and place of the hearing will be advised by mail.
- Inquiries on this application may be directed to the Planning Department or Building Department
at the South Windsor Town Hall.
APPLICANT Mari usz T. Gra_'eL"ki
MAILING ADDRESS 53 Cofto�u�oc2� fZo2-; New�'h Cott � CT, 06///
OWNER OF RECORD OF PROPERTY IN QUESTION Tara M. �u iCrzs�IC .26 t'aper Chase-
LOCATION , Souk ul ind ccr
OF PROPERTY IN QUESTION Lot #/0 C)xl -q 2 ve
ZONE OF PROPERTY IN QUESTION �0
CHECK ONE OF THE FOLLOWING:
1 X1 REQUEST VARIANCE TO SECTION OF THE ZONING REGULATIONS TO ALLOW house c /osei
Aq s i de a,.-d
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
Is applicant a corporation or co-partnership? No
(If Corporation, submit a 'list of officers. If co-partnership, submit a list of owners) .
Is the applicant owner, lessee or prospective tenant? Al,;,
Are there any liquor outlets within the restricted area?
(If yes, submit a list of the liquor outlets, their locations and distances from the property
in question.) / D
Is this property within 500 feet of another town line? �V
State clearly the unusual hardship or exceptional difficulty that prompts this application,
and indicate why other options are unacceptable. (Use a separate sheet of paper if necessary)
ka oGt� u•nr�ao« o� YLr� house c��zs 62 rem ox 5 ���
iq e cue ve lv . 7tAe re, Lv e re. 1-to o the,- od e clr 40
c,4c1 leas a/ready
ctk- U)a`/r 0 ^ rIke -A'rs7 1/oor, a-nL /ooi c� i� S�c�rtG� floor
,
� 5
`}2,e ��h/,cet.7 hily�tei Ll-�eclec ire �oce��i'o,, e tLie hoczre rea
'�Ae' house, CS T ,ro,cc maje S._5" - � tzy ,v,�r e pra r 11'ne. . 'fAe z.0"" Veq"kZ11'6"
foC,7 gj Q vr7,191mcc�r7 e IQ � •Z _
rf Elie o b�„�o�t; a,L' �Ae c��rpl�calif Ica:` die j fakej he based his Survey
on Were �Inis/eacli.7cJ variance die
lo becA.use, die 017l,j o ler czl-errrafive u>oy/cf LX-- }a demolXkIt E hcvJc
Dated this ! day of ��yG 19 S
APPLICANT:
( atu )
OWNER: -4r- 11 W '/'�5/I
Signature)
ACTION OF THE BOARD
at the meeting held on
. . . . . . . . . . . . . . . . . . . .
GRANTED DENIED
. . . . . . . . . . . . .
- �
: . . . . . . . . . . . .
TOWN OF SOUTH WINDSOR
ZONING BOARD OF APPEALS
Received from -------- tau '• 7k1---------------------------------------------------------------------------------
of ------53--- '_0-EL -------------------------------------------------------------
j$40A0-0-._ Dollars fee for a hearing before the Zoning Board of Appeals.
This hearing is to cover application number ------13-22 K__-__----_-,for
.1cw a house t be ,uuZ �- - jro-r
_
Y-dr�`! IY ClxiorciDrve, - ___W-jidsox-L-----------
Dated at South Windsor, Conn.,this________ -----------day of -----Jtole------------------_________________-_______19__ .
Signed -----------------------------------------------------------------------
SECRETARY
J
NO. :3s
19
RECEIVED FROM
,QOLLARS
Account Total $
Amount Paid
'3
Balance Due $
"THE EFFICIENCYO LINE" AN AMPAD PRODUCT-23-121 "
t OMN se7
y 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
4�1oSOR,Coe' AREA CODE 203/644-2511
14 June 88
Mr. Mariucz T. Grajewski
53 Cottonwood Road
Newington, CT 06111
Reference: Application #1829-88
Lot #10, Oxford Drive, So. Windsor, CT.
Dear Mr. Grajewski:
This is to notify you that the above named application to the South Windsor
Zoning Board of Appeals will be heard at a public hearing on Thursday, July 7,
1988 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 the application.
Included in the $40.00 application fee is the cost of a sign to advertise
that a public hearing will be held regarding this property. This sign can
be obtained at the Planning Department at the South Windsor Town Hall and
must be displayed on the property at least 10 days prior to the public
hearing in a location visible from all public streets.
Enclosed is receipt #1829-88 for your records.
Very truly yours,
Richard H. Eriksson /wv--
Chairman
Zoning Board of Appeals
RHE:mr
.(D.NM 8f'�(®
1
7-o� 0-lesot� vzn�
9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOe•CO AREA CODE 203/644-2511
July 11 , 1988
Mr. Mariucz T. Grajewski
53 Cottonwood Road
Newington, CT 06111
Reference: Application #1829-88
Dear Mr. Grajewski:
At the meeting of the Zoning Board of Appeals held on July 7 , 1988 ,
a request for variance to Section 5 . 2 of the Zoning Regulations to
allow construction of a house closer to the sideyard on property
located on Lot #r10 , Oxford Drive, South Windsor, was denied.
The Board noted strong opposition from neighbors in attendance
who own homes or property in the area. The Board also was aware
that an error had been made at the time of surveyance.
Sincerely yours,
Richard H. Eriksson Av,&—
Chairman
Zoning Board of Appeals
RHE:mr
cc: S . Kerensky, Esquire
WES-MAR CONCRETE
EXCAVATING PROPOSAL 173 Divinity Street
Bristol,Connecticut 06010 Proposal Submitted to:
Joe 589-5147
Marls 583-1185 Nam_nj ) L.LKA S
/ r
AddressT
Date
Job Name
Address
r Architect
Date of Plans
• 4
We hereby submit sp cit.cations and estima/tys for
� so d
We hereby pr pose to furnis or and materials —complete in accordance with the above specifications,for the sum of:
dollars, ($ f )with payment to be made as follows:
Net 10 days from date of billing on completed contract basis. An interest charge 1.5% per month(18%annual percentage rate)will be added to
unpaid balance over 30 days past due. If it is necessary for contractor to bring legal action for the collection of monies due,you agree to pay all costs
of collection including reasonable attorney's fees.
All material is guaranteed to be as specified.All work to be completed in a workmanlike manner according to standard practices. Any alteration or
deviation from above specifications involving extra costs,will be executed only upon written orders,and will become an extra charge over and above
the estimate. All agreements contingent upon accidents or delays beyond our control. Owner to carry fire,tornado and other necessary insurance. Our
workers are fully covered by Workmen's Compensation Insurance.
Authorized Signature —L,�4
NOTE:This proposal may be withdrawn by us if not accepted within ® days.
Acceptance of Proposal
The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as
specified. Payment will be made as outlined above.
Signature
Date Signature
MEMORANDUM RE "HARDSHIP"
The basic issue in all variance cases is whether a sufficient
hardship exists to justify the granting of a variance . While
there is no hard and fast rule for making this determination, the
basic principle is that the hardship must be unique to the
subject parcel . See Whittaker v. Zoning Board of Appeals , 179
Conn. 650 , 657 ( 1980 ) . Typically, the unique hardship results
from the size, shape or topography of the parcel . But it has
been held that the power to grant variances cannot be limited to
these types of "classic" hardship . Devaney v . Board of Zoning
Appeals, 143 Conn. 322 ( 1956 ) . The decisions recognize that any
type of "practical" difficulty" can constitute the requisite
hardship . Id. 325 .
Connecticut courts have recognized that an applicant need only
show either "practical difficulty" or "unnecessary hardship" .
See Devaney supra at 325 ; Piccirillo v. Board of Appeals on
Zoning, 139 Conn. 116, 121 ( 1952 ) ; Torello v. Board of Zoning
Appeals , 127 Conn. 307 , 311 ( 1941 ) . A leading national authority
on zoning law has stated that "practical difficulty" is the more
permissive standard, and is the appropriate standard to apply
where the variance seeks relief from "area" rather than "use"
restrictions . 3 Anderson, American Law of Zoning, Section 18 . 47 .
The idea is that, since area variances typically do not
contravene the basic zoning purpose of separating incompatible
uses , they should be more freely allowed. One court, upholding
the granting of a variance, stated that the record in that case
warranted "the finding that the denial of the application would
create an adverse effect upon the applicant ' s land amounting to
more than mere inconvenience without at the same time serving any
public interest . . .To deny the requested relief would serve no
public interest . " Travers v. Zoning Board of Review, 225 A. 2d
222 (R. I . 1967 ) (emphasis added)
While practical financial considerations alone are not enough,
when the financial burden is sufficiently heavy, and the
requested variance would not defeat the purpose of the regulation
in any material way, the granting of a variance is justified.
Piccirillo supra at 121 . "In any determination of the question
whether there exists situations of practical difficulty or
unnecessary hardship justifying the relaxation of zoning
regulations , there is necessarily a balancing of the
considerations involved in the general public interests and those
affecting the individual" . Id at 120 .
t l
i Volume 522 Page N9 344
! I WARRANTEE DEED(Survivorship) 1143S Cieaveland Legal Blank Servka,Ina,
! � tttEE
To all People to whom these Presents shall come, Greetings
KNOW YE,THAT U 6 R CONSTRUCTION COMPANY, INC., a corporation with offices at
'i 99 East Center Street in the City of Manchester, County of Hartford and State of i
Connecticut, (hereinafter "Grantor")
for the consideration of ONE HUNDRED FORTY THOUSAND AND N011OO ($14OrOOO.00) DOLLARS
received to its full satisfaction of JAN M. LUKASIK and ELIZABETH K. LUKASIK
II
,I
i
I 1
! does give,grant, bargain, sell and confirm unto the said Grantee i
v\ ;' and the survivor of them, and the heirs and assigns of the survivor of them forever xXIINraba
i
All that certain piece or parcel of land located in the Town of South Windsor,
County of Hartford and State of Connecticut on the easterly side of a proposed
j street known as "Oxford Drive" and being more particularly bounded and described
i
jl as follows:
I
Lot No. 10 as shown on a map or plan entitled "PLOP PLAN OXFORD ESTATES
�IPREPARED FOR JMJ CONSTRUCTION CO. SOUTH WINDSOR, CONN. BY REINO E. HYYPPA i
a ASSOCIATES CIVIL ENGINEERS s LAND SURVEYORS GLASTONBURY, CONN. SCALE
1" 40' DATE 2-11-87 SHEET 2 OF 12" Certified "Substantially correct and
jiin accordance with the standards of a Class A-2 Survey by William Klock L. S.
11622.
Further subject to building lines, zoning restrictions, and easements granted
to or to be granted to The Connecticut Light 6 Power Company which will g
i is be located within fifteen feet of the boundary with proposed Oxford Drive
and the "future roadway to be deeded to the Town of South Windsor" all as
l; shown on said map or plan.
is
As partial consideration for this conoayance, the buyers take subject to
the following restrictions:
,i
1. The buyers shall be responsible for any and all damage to the road surface,
sidewalks, curbing, and other subdivision improvements caused by themselves
I1 or by their employees' agents, sunbcontractors or contractors and for
damages to the walks' curbing and other improvements which abutt Lot j
! 10 I as shown on said ma or plan:P
i
!i 2. no dwelling or other structure shall be erected upon the lot unless the f
j Seller has approved the exterior plan and elevation designs in advance; '
i
II 3. the Buyers will comply with and abide b all conditions o Y f subdivision i
approval in relation to their lot, and will meet all zoning requirements
and building code requirements of the Town of South Windsor.
The lot is conveyed together with the right to pass and re-pass upon
the proposed roads and streets within the subdivision, and with the right !
to connect to the subdivision improvements for sanitary sewer and other public
utilities within the subdivision. i
i
t
I
wNVEYANCE TAX RECEIVED
o'TATE 4 3 n' LOCAL i ) 'S k0 I S
j TOWN CLINK OF R 1ITH WIN060111 {
I
i I J
i
LOT No. 9
i
70' CL S P Utility Easement —�
N�6�
,HAY SALES�-
06-26 i
44
1 A,low-17'-01• / - r - 1V/ I •;a
` Ls44.87 I I /r
1 CH■44.11 1 Y a
Re 250.00 ( FOUNOATI N
q
I FINISH `
N Q I 4"PW.C.106'a1% FLOOR � � U
W ` EL.264.3
S FL.25D.96 1
r= I LOT No, 10 ' WINOSHIRE ABBEY
, AREA-32700SF/ ESTATES, LTO
S.M.N. (_(DRIVEWAY �, GARAGE` I d
TF.260.0 T / I I .FLOOR I 1 I I
FL.231.76 EL,261.3 -
/^,EL.25&0 r o
r
2 /UILINIi
32' 62'
260
1 \ \
Ae" -00'-00' // �� la W
29 00,-.36 / a SLOPE RIGHTS TO T4WN
L• 39.27' — - / ` - \OF SOUTH WIN OR
R s 25.00 / 175.00' \ \ 1 p
S 83•-39'-02"E 1 1 a
01 z
FUTURE
C p% ROADWAY 1 p1` 1 0
x CLAP 1
/ -
0 / 1 Utility \
/ 1 f:osemeM �
/
rCS
TF 256.00
FL 253.64 CERTIFIED SUCSTANITIALLY CORRECT
boundary information has beset taken from the Map "Oxford Estates certified by
Willem Klock L.S. No. 11622 to class A-2 survey slid filed with Town Clark
Office (Jan. 4, 1960).
1
Reference is made to a Subdivision Map entitled ' Plot Plan, Oxford Estates
Shoot 2 of 12 and 'C L&P Utility Easement Map, Oxford Estates .1
prepared for Jh1,J Construction Co. Feb. 11, 1967. Seale l'e40' HERMANN HANt L.S.
/-/-14 si
NOTES+ FOUNDATION DRAIN TO BE CONNECTED TO STORM SEWER SYSTEM.
FOR HAY SALES INSTALLATION SEE TYPICAL DETAILS AND NOTES PLOT PLAN
SEDIMENTATION AND EROSION CONTROL PLAN.(SHEET AGO) SCALE- I's 40'
PREPARED FOR' M. LUKASIK TEL.644 107.
25 PAPER CHASE, SOUTH WINDSOR CT,06074
PREPARED SY' M.ORAJEWSKI TEL.666-147-
53 COTTONWOOD R0. NEWINGTOH, CT 061I1