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HomeMy WebLinkAboutVariance (377) APPLICATION FOR T 0 W N O F S 0 U T H W I N D S 0 R TO BE COMPLETED BY BOARD Filed ZONING BOARD OF' APPEALS ��-' -�� T' O ATE 1 Fee .. . . . . . . . . . . IMPORTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being Receipt No. 1(, �(..-Sc.4. . . • . 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 ._:aents must be filed in duplicate. - 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 lines, 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 ;an 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, )r 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 Pasquale J. Salemi, Sr. (Please send copy of communications to: Charles P. Sheehan, - 238 Timber Trail, East Harttor ,- C ,.AILING ADDRESS 33 Pheasant Lane, East Hartford, CT 06108 OWNER OF RECORD OF PROPERTY IN QUESTION Same as Applicant LOCATION OF PROPERTY IN QUESTION 23. 16 Acres of Land Located on South Side of Chapel Road, West of John Fitch Boulevard ZONE OF PROPERTY IN QUESTION A-40 CHECK ONE OF THE FOLLOWING: 3. 14. 1 5.3B IX REQUEST VARIANCE TO SECTION 5.2.3 OF THE ZONING REGULATIONS TO ALLOW The applicant to establish the building (for the purpose of determining lot width) setback line, on Lot 8, as shown on attached plans. )� OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR i OR TEMPORARY AND CONDITIONAL PERMIT FOR i-I OR AN APPEAL FROM THE ZONING OFFICER'S DECISION INVOLVING Rev. 9-85 Is applicant a corporation or co-partnership? No ----4-1f Corporation, submit a list of officers. If --co-partne-rship, 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 prop. in question.) Is this property within 500 feet of another town line? No State clearly the unusual hardship or exceptional difficulty that prompts this applicatio: and indicate why other options are unacceptable. (Use a separate sheet of paper if neces. The Podunk River and River Valley bisect the easterly third of this tract. The remaining Ian which is developable, is shaped such that no "practical" arrangement of lots can be developed where all yard and area requirements can be met. The overall density of the proposal submitt is approximately one-third (1/3) of the density permitted by zoning. All lots proposed either: meet or exceed all requirements other than those noted. The hardship(s) simply stated are: (1) Parcel Shape; (2) Severe Terrain; and (3) Conservation of environmentally sensitive land consistent with the Town plan. Dated this loth day of October APPLICANT: ( ignature) OWNER: (Signature) ACTION OF THE BOARD at the meeting held on . . . . . . . . . . . . . . . . . . . . DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . T 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TOWN OF SOUTH WINDSOR 1696 ZONING BOARD OF APPEALS Receivedfrom ---=---------------- =`----------------------------------------------------------------------------------------- ---------------------- of ------------------------------------------------------ Dollars fee for a hearing before the Zoning Board of Appeals. This hearing is to cover application number ----3_S___L._------_`_------------for---- -----------=------_---------------------- ---------- -------------------------------------------------------------------------------------------------------------------------------------------------------------- Dated at South Windsor, Conn.,this-------.----------------day of........ -____-----------______________19-:� -- Signed --------- • ----------------- SECRETARY TO: ZBA FROM: Sydnie DATE: October 24, 1986 regarding the Salemi application, I thought you would be interested to know that I just completed the verbatim transcript of the prior application and gave it to the Town Attorney because it is going to court. Since I believe it involves the same piece of land, you may want to find out from them the status of their law suit against ZBA. �40110 dt+`� S � 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 -CO AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL-INQUIRER SATURDAY, OCTOBER 25, 1986 TO BE PUBLISHED IN THE JOURNAL-INQUIRER MONDAY, NOVEMBER 3, 1986 LEGAL NOTICE TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS Notice is hereby given that there will be a public hearing of the Zoning Board of Appeals on Thursday, November 6, 1986 at 7:30 p-m- in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, to consider the following applications: Application 1693-86 - Nancy A. Mosher, 1386 Main Street, South Windsor requests a variance to Section 5.2 of the Zoning Regulations to allow an addition to an existing non-conforming house at property located at 1386 Main Street, South Windsor, South Windsor, (A-40 Zone). Application 1694-86 - Ann Craven, 1712 Main Street, East Windsor Hill, requests renewal of a two-year temper ary and conditional permit to operate a spinning and weaving shop at property located at 1712 Main Street (A-40 Zone). Application 1695-86 - Richard and Joan Dagneau, 393 Avery Street, request a variance to Section 5.2 of the Zoning Regulations to allow an addition to a non-conforming building located at 393 Avery Street, South Windsor (AA-30 Zone). Application 1696-86 - Pasquale J. Salemi, Sr. , 33 Pheasant Lane, East Hartford, requests variances to Sections 3.14.1, 5.3.B and 5.2.3 of the Zoning Regulations to allow the establishment of the building setback line for the purpose of determining lot width on lot 8, as shown on plans submitted with the application cn. property consisting of 23.16 acres of land located on the south side of Chapel Road, west of John Fitch Boulevard, South Windsor (A-40 Zone). copies of these applications and maps more clearly defining the properties. are on file in the Planning Department at the South Windsor Town Hall. At this hearing interested persons may appear and be heard and written recommendations will be received. Thomas Murrin, Chairman Zoning Board of Appeals Application #1650-86 - Rose M. Martinelli and Joseph Martinelli Mr. Dzikiewicz moved to grant a variance to Section 3.10 of the Zoning Regulations to allow a garage addition to a non-conforming house and to grant a variance to Section 5.2 of the Zoning Regulations to allow an addition within the existing side yard and to correct variances for front line on two sides at property located at 857 Foster Street, South Windsor (RR Zone) . In granting this variance, he noted that the installation of a fireplace rendered the present garage too narrow for its intended use. He also noted that this house was built prior to the present zoning requirements. Mr. Warren moved that even though the house next door also had a variance, there was ample room for emergency equipment to these lots from Saginaw Street. The motion was seconded by Mrs. Cottle, and voted unanimously in favor. Application #1651-86 - Pasquale J. Salemi, Sr. Mrs. Murray noted that if there were a problem with the neighbors, they would be out in full force. She, therefore, assumed that this proposal was o.k. with them. It was noted that Mr. Sheehan had said the A-40 lot width requirement was 125 feet. The Board established that it was still 150 feet. Mr. Murrin said he is bothered by two big departures: 1) creation of the two lots with 50 foot frontage on the street, and 2) five under-width lots on the street with no justification except financial. He said open space subdivisions were intended to address the problem of unbuildable pieces. The land trust was discussed. Mr. Murrin did concede that the land trust would effectively do the same thing as an open space subdivision. Mrs. Murray said that sooner or later doing something with rear acreage will have to come to South Windsor. She said this property used to be tobacco land. Mr. Warren said he felt there was a hardship other than financial for the lots on Chapel Road, and he noted that with 400 foot depth, they are still acre lots. Mr. Murrin said he has a problem with five lots with 100 foot frontage. Mr. Warren moved to approve this application as presented. The motion was seconded by Mrs. Murray. Warren, Murray and Dzikiewicz in favor; Cottle and Murrin opposed. The motion was defeated since it failed to gain the necessary four affirmative votes. EFFECTIVE DATE: March 22, 1986 Application #1652-86 - Abbey Road Associates The Bord reviewed the letter from the Planning Department and confirmed that this provision was already in the Zoning Regulations under 5.3.C.2. It was also determined that the parcel met the minimum requirement for an open space subdivision of 15 acres. Mr. Warren moved to grant a variance to Section 5.3.0 of the Zoning Regulations to allow relief from 10 acre minimum open space requirement at property, consisting of 15.89 acre* located on Abbey Road, between Miller Road and Wood Pond Road, South Windsor (RR Zone) . Application #1651-86 - Pasquale J. Salemi, Sr. Attorney Chris Stone appeared before the Board. He said they wish to create five lots witY: 100 foot lot widths. He noted that the lots would be 400 feet deep, and would, therefore, conform to the area requirements of the A-40 Zone. Attorney Stone read a letter from Mr. Salemi into the record which stated that this proposal represented over one and a half years of planning. He noted that he had owned the parcel for over 20 years, and this plan would preserve the character of the neighborhood while allowing the development of the parcel to its full potential. He said the development would be low density, and the lots would be consistent with lots on Chapel Road. He indicated that each lot would support the construction of a large, custom-built home. He also noted that he will dedicate nearly 10 acres of the 22 acre tract to a conservation trust. Attorney Stone also submitted this letter to the Board. nttorney Stone noted that about 20 years ago Mr. Salemi had come before the Planning and Zoning Commission with a proposal for about 20 lots for this parcel. He maid there was much neighborhood opposition to that plan, but none tonight, which indicates that the neighborhood is happy with this proposal. Mr. Charles Sheehan of Glastonbury, Professional Engineer, appeared before the Board. He noted that a large portion of this property is located in the Flood Plain Zone. He said the parcel is bi-sected by the Podunk River. He said the variance is for the lot widths on the front five lots, and also to establish building lines 100 feet to the rear of the front lots for the two rear lots. Mr. Sheehan said he felt the hardships were the severe terrain in the easterly part of the property, which leaves a parcel shape that cannot be carved out in a manner convenient to them and acceptable to the town staff. He also stated that the open space land is of high quality and is contiguous with other open space. He said the town staff would like to have this open space area preserved, and the necessity of conserving this environmentally sensitive land constitutes the third hardship. He also referred to the application 20 years ago, and said he does not see any of the people here tonight. He stated that the abutters have no objection. tor. --i-n Shepard, 535 Main Street, stated that normally he would be against 100 foot frontages in this area, but he said he favored this proposal because he felt they were giving alot back to the town by the low density of the cevelopment and the conservation trust. He spoke of a land trust backing up to the meadowlands in this area. He said this development will still retain the "flavor" of the Main Street area. He said he has no financial involvement in this project. He said his interest is that he does not think we have to put in town roads and a full blown developme nt in this area. Mr. Jack Laston of Chapel Road spoke in favor of this application. He said he lives directly across from the property, and he thinks it is a good idea. Don Lance, 232 Chapel Road, also spoke in favor of this project. He said he has looked over the project carefully. :,Irs. :'•Murray stated that she feels eventually South Windsor has to do something about all of the rear land. She said people can't afford to maintain it. in reply to questioning fro:, the Board, Mr. Sheeran noted that t:nere would ':-e a criveway to each lot in the rear.