HomeMy WebLinkAboutVariance (416) APPLICATION FOR '
T O W N O F S 0 U T H W I N D S 0 R TO BE COMPLETED BY BOARD
ZONING BOARD *OF APPEALS Filed
IDATLI
Application and supplements must be filed in duplicate. Fees:o 0
Application must be typewriten or printed in ink.
All items must be answered. The application will be Receipt No. Tq s. . . . . .
returned if incomplete nr not described satisfactorily.
The application must be delivered to the Building Department or Planning
Department by the 15th of the month.
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.
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.
If a variance is being requested, a legal description of the property
must be submitted with the application. (Obtained from mortgage records) .
The applicant, or his representative, must be present for the Public
Hearing, the time, date and place to be advised by mail.
Inquiries on this application may be directed to the Planning Department
or Building Department at the Town Hall.
IPLI CANT Arthur A ,,Roe
,ILING ADDRESS: 1299 Main Street P;o;Box 128 South Windsor, Conn; 06074
(TIER OF RECORD OF PROPERTY IN QUESTION: Arthur A Roe=
iCATION OF PROPERTY IN QUESTION: West .side:!ef-iMain�6treett (1299 Main St; )
ZONE A_40&FF
[ECK ONE OF THE FOLLOWING:
7 REQUEST VARIANCE TO SECTION 5:2 OF THE ZONING REGULATIONS TO ALLOW
A) A building lot (1;4+ acres ) with less than the required lot width
Not a E irm
B ) A rear lot (25 acres) with less than the required lot width( lot- For
_ agricultural ;purposes only
f OR SPECIFIC EXCEPTION OR APPROVAL UNDER SECTION OF THE ZONING
REGULATIONS TO ALLOW
7 OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR
7 OR -TEMPORARY AND CONDITIONAL PERMIT FOR
7 OR AN APPEAL FROM THE ZONING OFFICER' S DECISION INVOLVING
Is applicant a corporati co-partnership or indi .aal? Individ
If Corporation, submit a list of officers; if co-partnership, submit
of owners. )
Is the applicant owner, lessee or prospective tenant? owner
Are there any liquor outlets within the restricted area? n/a
(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. )
Regarding the proposed building lot, it is the only area within the
parcels 32+ acres suitable foe a building lot; It will be oversized and
will have adequate access; i,,, (� �, �� ��, ,,(� ,�,,� �,, � t ems/
Regarding the rear lot, it is proposed to be sold for farming purposes,
and not as a building lot; Access from Mian Street is via an easement
South of the proposed building lot, and an easement over my land west
of the proposed building lot; This agricultural parcel will be conveyed
to Edward Kasheta, owner of the property to the south;
Dated this -7 day of z_, �� 19 5r
A PPLI CANT :
Signature
OWNER: �ti7%'l�c ( e-
(Signature) _ -
ACTION OF THE BOARD "
at the meeting held on
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GRANTED DENIED
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Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . .
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PLANNING AND ZONING COMMISSION
The Commission will officially receive applica
Application No . at either Special or Regular meetings provided
Received Date : L- t1� —5 '> I were submitted to the Commission Chairperson, S
Action or Public Hearing by : li or agent, at least fourteen (14) days prior to t
�S
_ meeting at which they will be officially receive*` Z Z No application officially received at a Special Me
ece ip t No . will be acted upon at that meeting.
APPLICANT: Arthur Roe
ADDRESS : 1299 Main St. , South Windsor, Cr 06074 ONE 289-4120
OWNER OF RECORD ON LAND RECORDS: 1 Roe
ADDRESS .- 1299 Main St. , South Windsor, Cr 0607 `''�
COMPLETE LOCATION OF PROPERTY: 2 �S
1299 Main St. , South Windsor, CT
ZONE R-4 0
NAME, ADDRESS 5 TELEPHONE NUMBER OF PERSON TO WHOM INQUIRIES SHOULD BE
DIRECTED : Atty. James H. Throwe, 33 Ct Blv E. Hfd. , Cr 06108
TELEPHONE 528-2145
THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING)
1 . Zone Change to (public hearing required)
X 2. Filing for Subdivision
3 . Filing for Open Space Subdivision (public hearing required)
4 . Filing for Resubdivision (public hearing required )
5 . Special Exception to Article (public hearing required)
6 . Site Plan of Development
7. Removal of Sand , Gravel , Clay or Quarry Stone 6 Ore (public
hearing required)
8 . Other (explain in detail)
THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND OWNER OF THE PROPERTY
AND SUBMITTED WITH 6 SETS OF PLANS ( 7 sets if public hearing is required)
BEFORE IT IS RECEIVED BY THE PLANNING b ZONING COMMISSION.
App icant Owner
AV
Zoning Board of Appeals
March 7, 1985
7:30 p.m.
Council Chambers
South Windsor Town Hall -
PRESENT: Eriksson, Murrin, Warren, Dzikiewicz (for Cottle) , Earley (for Steben)
A cation #1589-85 - Mitchell Truckin , nc.
Attorney illiam E. Grace appeared ore the Board representing the applicant.
He submitt pictures of the site He said the school buses are parked on this
parcel of Ian owned by Mitche Trucking, Inc. The trailer in question is owned
by the bus compa and house one employee. He said the trailer is approximately
525 feet from the d. said they do not wish to build a permanent structure
because the bus comp ontract could change. Therefore, a temporary and
conditional permit ' re ired.
It was noted f the record tha o one spoke in favor of or in opposition to
this applic ion.
In rep to questioning from the Board, Mr. race said that nothing on the
site ad changed during the past two years, an here have been no complaints
fr9fi neighbors.
i
Application #1590-85 -_ Arthur A. Roe
Mr. Roe appeared before the Board. He said he needs a 50 foot variance on his
frontage to construct a home in the rear. He said he would build a traditional
colonial-type house. He said he has about 25 acres in the rear, and the remainder
would be sold as farm land.
Mr. Tim Shepard, 585 Main Street, stated he wished to comment on rear lots in
general. He said .he wanted the Town to be receptive to narrow frontage and
rear lots. He said he feels this is preferable to heavy development with
roads put in to develop rear land. He referred to a Ellington's requirement
for 25-foot frontage for a rear lot, with the provision that the land cannot
then be subdivided. He said he feels this controls the flavor of the neighborhood
more than the option of putting a road through with many houses to pay for the
road. He said he understood Mr. Roe was willing to put in a traditional home
and to state he would not further subdivide the land. He asked the Board to
remain open to the idea of rear lots.
Attorney D. P. Cavanaugh stated he was representing Mr. and Mrs. Peter Walsh
and other residents on Main Street. He said he felt Mr. Shepard should be
talking to the Planning and Zoning Commission with his proposal since the
Zoning Board of Appeals only deals with exceptions to the Regulations. He
said he feels Mr. Roe needs subdivision approval because he wishes to divide
his property into three parts. He also stated that if Mr. Roe receives the
50-foot variance for the right-of-way, he would have less than 100 feet of frontage.
He said Mr. Roe is asking the Board to divide the land and then saying that the
division creates a hardship. He said this hardship is, therefore, self inflicted.
He cited a Supreme Court decision regarding a self-inflicted injury, and that
the Board has no power to grant a variance in these cases. He referred to the
Marion Case decision, and said this appeal was granted because Mrs. Case's
husband created the hardship, rather than Mrs. Case.
Mrs- Doris Burgdorf,
on the land would 45 beMain Str et r
rear stated it. incompa ble with d that she felt this house farming operations use Placed
Mz - Bob Craven which surround
frontage re 1712 Main Street
in quirement. He s said he liked the rear, but w said they have the openness and
ould not want enough frontag
e to also the 150 foot
Mrs- Ann Craven character put a house
they do not 1712 Main Street °f the neighborhood.
Y in the future
they would have ' spoke against the a
it may the right
Pplication.
future make a hardship ght tO sell
of it, p on thetheir back land, She said
m and theeven though
y may have to move because
Mrs. Honora Futtner,
precedent would 1629 Main Street
She be set. She � stated that if
asked if a precedent said she this were
Board makes would would be set,has 220 feet of fronta granted, a
create a be limited to Mr. � - Merin replied ge with back land.
precedent. Roe that any decision the
s property on1Y, but it would tend to
Mrs. Pat Porter,
1533
°f this rear land was Main Street, asked Mr,
iof Main Street ��inevitable. ° Shepard why he had
land. He said he w Mr. Shepard said said development
and rear land, rather as s he was not only
Put in to ° than heavier peaking in favor of Y thinking
pen up rear land all ove development that would utilizing low
come frontage
Mrs. town. road
Bonnie if a
Walsh were
Appeals would 1�81 Main Street, asked
grants relief make its decision. °n what
the regulations. has Murrin the
the Zoning Hoard of
gulations. Someone a hardsh' said Zoning
financial, He Said hip making it g Board of Appeals
a unique hard§hip must impossibl
the Mrs- Walsh commented be demonstratedo comply with
Y are next door to Mr, Roe. . the value of their Other than
• decision is the courts. ' Murrin said Property
the recourse dropping because
to the Board's
Mr- Murrin asked Mr.,
Row letter from Row what his
letter James Throwe p 'tic'ular hardship into the record read into the was.
Throwe's letter F and it is made a' record. ' Roe asked that
exists stated he was Part of the The Secretary read the
because there in favor of PPlication. Mr.
of its configuration. is no other use for Mr. Roe's Proposal
of difficult uration. He referred to the land other and felt a hardship
to develop the ion than fawning because
the land near p unless than can be g, narrow lots
in view of Stoughton Brook Put to in the area which
the flood makes it difficultgather in a Package,
plain between the to work with and that
The Bo river and the f• the land, ►'
Board asked first ridge behind Particularly
Purchased Main Street.-
Purchased
separatelytandewas�11 lot shown on the .
to using this lot as never a part of map-
Objected Roe said contiguous. Part of the original it was
Mr. Cavanaugh also stated the fronta Parcel• Mr. Cavanaugh
lot with frontage frontage because he said
ge on Main Street and that the legal notice It was not
did not mention anything about the rear referred
the lot lot to be created to the
fronting on Main Street ' but the application
Mrs. Craven, 1712 Main Street
People on Main Street have a h said that
hardship. if Mr- Roe had a hardship,
Z
• John Bur all of the
ha
gdorf, 1245 Main Street _
haddshs a beautiful farm. said he had
1P and lam" houses fine said he does lived I-
Mr,
want SO 1n Town all of his life
someone to come in and claim
- y A r.
.;.-4 .
There sh I be no ind parking ar �-rking on Sullivan Avenue, and eRf"rance d exit oin
s shall be clearly m4oked on the property.
P is
Be noted other comm ial structures in the vicinity a that this seasonal
business would not Sig 'ficantly alter the characte of the neighborhood.
The motion was seconded by Eriksson
and v ed unanimously in favor.
r FECTI ATE: March 22, 1985.
Application #1589-85 - Mitchell Tr
Ouse Inc
per , Mr. Warren moved to grant re al of a tem rary and conditional permit for
trailer to b parked on pr
Z
Windsor (GC Z erty known as 90 rookf ield Street; South a
Zone, for additional two years.
tion The trailer shal a located on the site as shown the
the applicati , and all conditions of the original a roval shalltted remaintin
full force nd effect.
The tion was seconded by Mr. Dzikiewicz, and voted unanim sly in favor.
Application #1590-85 EFFECTIVE DATE: March 22, 19
- Arthur A Roe
A Mr. Eriksson stated that the lot configuration is not unique to Mr. Ro
said there are hundreds of properties in town e• He
t
particularly on Main Street this is not a unique Situation.' aage Heesaid headoes
not feel a common situation constitutes a hardship. Mr. Murrin agreed and
said any question here is for study by a body other than the Zoning Board of
Appeals.
Mr. Eriksson moved to deny this application
the Zoning Regulations to allow (1) abuildingrlotv(114+cto Section 5.2 of
the required lot width and acres) with less than
lot width on (2) a rear lot (25 acres) with less than the required
property located on the west side of Main Street, known as 1299
Main Street, South Windsor.
He noted that the requested 48 foot right of way to the rear would render the
existing lot at 1299 Main Street non-conforming,
be a
hardship. In addition, the Board could find no hardship whichotodwarrentelf thecreated approv
of a rear building lot as requested in the application. PP al
The motion was seconded by Mr. Earley and voted unanimously in favor.
Ap lication
91-85 - Ste hen R. Connell
F..
Mr. Dzikiewicz move _
an in-family apartment agrant ropertyolocatedempor56 Long andconditioHill
alpermit for
South233 Windsor.
� He noted that this is a family 't ion and a
l income producing. If the fami approval does not make this property
uation should change, the home will have to
s
be restored to a one-family ondition. It is understood by the Board that there
Will be no exterior entr ce other than
appearance of the ho will be maintained, ough the garage, and the one-family
The motion was conded by Mr. Warren, and voted u imously in favor.
EFFECTIVE DATE: March 22, 1985
NO. CV 85 0034798 S SUPERIOR COURT
JOHN G. BURGDORF & DORIS P. BURGDORF JUDICIAL DISTRICT OF TOLLAND
VS. AT ROCKVILLE
PLANNING & ZONING COMMISSION NOVEMBER 14, 1985
OF SOUTH WINDSOR
ANSWER TO REQUEST FOR ADMISSIONS
1
Defendant hereby answers Plaintiffs' Request for Admissions dated October
15, 1985 by responding to the paragraphs therein as follows:
A.
1. Paragraph number 1 is admitted.
2. Paragraph number 2 is admitted, r
3. Paragraph number 3 is denied. The ZBA lot was 1.4 acres, had differ-
ent frontage, configuration, size and location. The lot subject of this appeal
is 4 acres.
4. Paragraph number 4 is admitted.
5. Paragraph number 5 is denied. The variance was denied because no
LAWOMCES hardship was shown and granting it would have made another parcel non-conform-
RICHARD M.RITTENBAND
1734 ELLINGTON ROAD ing. The record does not reflect what was implicit in the ZBA decision. That
SOUTH WINDSOR,CONN.06074
is a matter of interpretation.
(203)644-2456
JURIS NO.50412 6. Paragraph number 6 is denied. It was not an appeal from a ZBA decis-
ion nor did the PZC reverse the ZBA decision. The PZC application was for a
different lot, as stated in number 3 above. It was a different applAtion.
The PZC decision was a subdivision approval. It was Plaintiffs' att—'ne`'Y who
1,'
C+)
,wn of South Windsor
Title: Chief Building Official Date:
Department: iBu lding
Position Goal:
Plans, organizes, and directs a camprehensive building advisory, inspection,
and enforcement program; administers and enforces the State Building Code,
Town building ordinances and regulations related to health, and safety;
administers and enforces zoning regulations; and provides technical
consultation and assistance to Town Boards and* Co missions.
Performance Responsibilities:
Plans and organizes the activities of the Department according to standard or
established procedures. Establishes priorities as needed. Assigns work to
Assistant Building Officials in the functional areas of electrical, plumbing,
heating, and general building construction. Receives proposed building and
related construction plans. Participates in preliminary reviews and
consultations with other Town departments concerning major building projects.
Confers with and interprets code provisions to architects, engineers,
contractors, and members of the public. Negotiates with developers to
evaluate and authorize changes in approved plans. Provides technical
consultation to the Zoning Board of Appeals, and to various Town Departments
and special building committees. Enforces zoning regulations. Responds to
zoning complaints and recc mmme}ds remedial action as needed. Inspects all
construction work in progress to assure conformity with code and regulations.
Issues certificates of use and occupancy. Prepares narrative and statistical
reports of some complexity fo the Town Manager, and the Town Council upon
request. Prepares budget re�ammendations for the Department. Administers
approved annual budget for the Department.
Additional Responsibilities:
Oversees the organization and maintenance of departmental files. Assigns work
to a secretary. Works closely with the Town Engineer, Town Planner, Town
Sanitarian, and Fire Marshall in inspection and review duties. Evaluates the
results of various tests, such as soils and materials tests, to assure
compliance with standards. Prepares reports for state and federal agencies.
Supervised By:
Receives general direction from the Town Manager.
Dual iflcations Profile:
The skills and knowledge required would usually be acquired with completion
of a vocational technical school program in a construction trade, or
completion of an apprenticeship training program in a construction trade
skill, and eight years of increasingly responsible experience including four
years of supervisory experience in the construction trades.
License or Certificate:
Certification by the State of Connecticut as a Building Official.
Connecticut Motor Vehicle Operator's License.
Greer Path
Promoted Fran: Assistant Building Official
Promoted To: Increased responsibility with the growth of the Town.
Planning and Zoning Commission Tuesday, June 25, 1985
Regular Meeting - Green Room 8 :00 P.M.
MEMBERS- PRESENT: Conde, Klenke, Smith, Sorenson (Acting-Chairman)
ALTERNATES PRESENT: Hallowell (sitting for Gilligan) and Rossi (sitting
for Sorosiak)
CALL TO ORDER
PUBLIC PARTICIPATION
Mr. Phillip Pierce, 179 Foster Street, spoke to the .Commission
regarding the state of the open space land in the Ridgefield
subdivision. He said his land borders the back of this property,
and he feels it is a nuisance and an eyesore. He said it is
town-owned land and should be cleaned-up. He said Mr. LaCava
had sent Mr. Krawski a letter asking him to vacate the areas
that did not belong to him, but there have been no results.
Mr. DeMallie noted that the original open space deed gave Mr.
Krawski rights to use the land for agricultural purposes . He
confirmed that Mr. LaCava had approached Mr. Krawski to get him
to clean up the areas that were not included in the deed. Mr.
Pierce said he is not using the land for agricultural purposes,
but as a dump. He said the other property has greenhouses on
it and Mr. Krawski has leased it to someone else. He said this
is using town-owned land for a commercial business venture.
Mr. DeMallie said he would call Mr. LaCava for an update on the
` status to be certain that Mr. Krawski ' s use of unauthorized land
has ceased. He also noted that the open space property is still
owned by LaCava Construction Company. It will not become town-
owned land until the subdivision is complete.
NEW BUSINESS
1. Applications to be officially received:
Mr. DeMallie said that all applications were complete, except there
were no architectural elevations for #d, Bissell Commons, Inc.
Attorney Grace said they could not be ready this week.
Mrs. Rossi moved to accept the following applications :
a. RSK Contractors, Inc. (Lakewood) Special Exception and Site
Plan of Development, DA-15 Zone, property located on the east
side of Ellington Road
b. South Windsor Arena, Inc. Zone Change from I & A-40 to GC,
585 John Fitch Boulevard
C. South Windsor Arena, Inc. , Site Plan of Development, John
Fitch Boulevard
f
e. Coven Commerce Center Site Plan, Brookfield Street
The motion was seconded by Mrs. Klenke, and voted unanimously in favor.
2. Attorney William Grace re: William Shuteran Subdivision
Attorney Grace said that three variances had been obtained from the
Zoning Board of Appeals: a variance in lot area for lot #3, and
frontage variances for lots #1 and U. He said Mr. Shuteran would
like to build on lot #3 and plans to sell the house on lot #2 where
he currently lives. He stated there were no problems with the
neighbors.
Mr. DeMallie noted that the existing home on lot #2 does not have
a garage and is, therefore, nonconforming. He said the Commission
should determine whether to require a garage. Commissioners
concurred that a garage should not be required at this time, but
a variance would be necessary if any additions were made to the
house.
Mrs. Klenke moved to approve the application of William Shuteran for
a subdivision of property into three lots, located at the intersection
of Niederwerfer Road and Dart Hill Road, in an A-40 Zone, as shown
on a Plan prepared by Page Engineering, Inc. , dated April 12, 1985,
project #85-023, subject to the following modifications:
1. The plans shall address the 100 year flood and the foliage line.
2. Slope rights to accommodate a future sidewalk shall be granted to
the Town of South Windsor. A document conveying this easement
shall be submitted to this Commission prior to filing the final
plans. This document must be approved by the Engineering
Department and the Town Attorney and be submitted in accordance
with the policy for accepting deeds (copy attached) .
3. Water shall be supplied to Lots #1 and #3 by the Connecticut
Water Company.
4. Lots #1 and #3 must be connected to the Town of South Windsor
Sanitary Sewer System and are subject to the approval of the
Water Pollution Control Authority.
5. Storm water drainage for this subdivision is subject to approval
of the Town Engineer.
6. A drainage assessment fee in the amount of $150. shall be submitted
to this Commission.
7. :urn-around driveways shall be furnished on lots #1 and #3_
R. Driveway entrance locations for lots #1 and #3 are subject to
approval by the Town Engineer.
9 . Iron pins shall be set on lots #1 and #3 prior to issuance of a
Certificate of Occupancy.
10 . If, for any reason, finished grading and other site work is not
completed, the Town Engineer shall determine the amount of a cash
bond to ensure final grading and site work. This cash bond must
be submitted prior to issuance of a Certificate of Occupancy.
11. No building permits will be issued until all conditions of approval
have been complied with, and the final plans have been filed in
the Office of the Town Clerk.
12.. Prior to the commencement of any site work, a meeting must be held
with Town Staff.
Black and white transparent mylars, modified as above, together with three
paper prints of the subdivision, shall be submitted to the Planning and
Zoning Commission to be stamped and signed. The letter of approval from
the Planning and Zoning Commission shall be reproduced on the mylars.
After signing, the mylars will be filed in the Town Clerk ' s Office.
The mylars must be filed within 90 days from the date of approval
(by September 23, 1985) .
.The motion was seconded by Mrs. Smith and voted unanimously in favor.
3. Attorney James Throwe re: Arthur Roe Subdivision
Attorney Throwe appeared before the Commission to discuss this prop-
erty located on the west side of Main Street. He said presently parcel
#2 and ' #3 are being farmed by Kasheta Farms. He said Kasheta plans
to purchase parcel #3 which abuts his property. Mr. Roe would like
to create a building lot on parcel #2. He said there is 150+ feet
of frontage at the building line- for lot #2. Mr. DeMallie said that all
of the zoning requirements are met by lot #2. He also stated that
the land to be purchased by Kasheta (parcel #3) should be shown as
deeded to Kasheta so it is part of his land and not a landlocked
parcel.
Mrs. Rossi moved to approve the application of Arthur Roe for a two-
lot subdivision of property located at 1299 Main Street, in an A-40
Zone, as shown on a subdivision plan prepared by Petersen & Hoffman,
Land Surveyors, dated May, 1985, subject to the following modifications:
1. Parcel #3 shall be combined with the property N/F of Edward
and Adella Kasheta to the north. A deed for the new combined
lot shall be filed in the Office of the Town Clerk.
2. A Conservation easement shall be provided over lot #2 in favor
of the Town of South Windsor in the area of the Federal Flood
Plain, and easements in favor of lots #2 and #3, as indicated
on the plans, shall be submitted to this Commission prior to
filing the final plans. These easements must be approved by
the Engineering- Department and the Town Attorney and be sub-
mitted in accordance with the policy for accepting deeds
(attached) .
3. Water shall be supplied to the dwelling on lot #2 by the Met-
ropolitan District Commission.
4. The dwelling on lot #Z shall be connected to the Town of South
Windsor Sanitary Sewer System, subject to the approval of the
Water Pollution Control Authority_
5. A turn-around driveway shall be provided on lot #2, subject to
the approval of the town Engineer.
6. A drainage assessment fee in the amount of $50. shall be submitted.
7. Prior to issuance of a building permit, Inland-Wetlands and
Conservation Commission approval must be obtained.
8. Prior to the building of a structure on lot #2, a topographic
map, drawn to a scale of 1" = 401 , shall be submitted showing
proposed contours and elevations. No building permit will be
issued until the proposed contours and floor elevations, particularly
the lower floor elevations, have been approved by the Town Engineer.
Black and white transparent mylars, modified as above, together with
three paper prints, shall be submitted to this Commission to be
stamped and signed. The letter of approval from the Planning and
Zoning Commission must be reproduced on the mylars. After signing,
the mylars will be filed in the Town Clerk 's Office. iThe mylars must
be filed within 90 days from the date of approval (by September 23,
1985) . A building permit will not be issued until all conditions of
approval have been complied with, and the final plans have been filed
in the Office of the Town Clerk.
The motion was seconded by Mrs. Klenke, and voted unanimously in favor.
4. Discussion concerning the status of Braeloch Open Space Subdivision
It was noted that the Inland-Wetlands Agency had denied this application.
Attorney Cummings stated to the Commission that the Inland-Wetlands
denial was based primarily on the amount of fill being brought in.
Mrs. Rossi and Mrs. Klenke said they also have problems with fill being
brought in to build houses in this area. The Commission discussed
the amount of fill, which would be about 1500 cubic yards per lot.
Mr. DeMallie said there would be no excavation because the proposed
houses would be on slabs. He said there are drainage problems in the
entire area, and this will be a strong consideration no matter what
type of development takes place.
Mr. Sorenson noted that the size and shape of the parcel also causes
problems. He said smaller lots as proposed by the open space concept
are not desirable,, yet the property does not lend itself well to
larger lots. The possibility of commercial development for the
parcel was mentioned. Mr. Hallowell said he feels discussion of any
_ commercial development for the area belongs with the discussions
connected with the Comprehensive Plan of Development.
Mrs. Klenke moved to deny the application of Braeloch Associates for
an open space subdivision, consisting of 17 lots located on the west
side of West Road, approximately 400 feet south of Sullivan Avenue,
as shown on a plan prepared by Fuss &. O'Neill, dated March, 1985,
project #82-264A, because this plan as submitted is not suitable for
this property.
The motion was seconded by Mrs_ Rossi and voted unanimously in favor-
s
r
5. Discussion concerning Dart Hill Realty "Mountain View" Subdivision
Mrs. Klenke and Mrs. Rossi both stated that they were not present
at the June 4, 1985 public hearing, but feel qualified to vote
on this application because they have read the minutes of the
hearing.
The status of Newmarker Road was discussed. Commissioners
concurred that they saw no need for Newmarker Road as a Town Road,
and the question of ownership should be resolved. If Newmarker
Road is, in fact, a Town Road, the Commission agreed to recommend
to the Town Council that it be abandoned or discontinued
north of the proposed street as indicated on the "Preliminary
Layout Plan" of Mountainview Estates prepared by Reino E.
Hyyppa & Associates, Glastonbury, dated 3-15-85, Map #180-83-1H.
Mr. Conde so moved, seconded by Mrs. Rossi and voted unanimously
in favor.
Mr. DeMallie said that a map should be prepared by Reino E.
Hyyppa & Associates showing ,the proposed abandonment prior to
a letter being sent to the Town Council. Attorney LeFoll stated
that he would contact Ken Smith regarding this matter.
Mrs. Smith moved to approve the application of Mountainview
Estates for an Open Space Subdivision of 146. 7 acres in an
A-30 Zone, located north of Eart Hill Road and west of Newmarker
Road, and for approval of Phase I consisting of 28 lots numbered
#1 through #28, as shown on Plans prepared by Reino E. Hyyppa
& Associates, dated March, 1985, subject to the following
modifications:
1. The "Preliminary Layout Plan" shall be modified as follows:
a. The street section between proposed lots #41 and #108 and
#58 and #95 shall be eliminated and substituted with a
utility easement over said lots.
b. The open space west of lot #31 and west of lot #86 shall be
so identified.
c. The intersection and culvert improvement shall be shown in
Phase 11, rather than Phase ISI_
d_ Lot numbers shall be corrected to be consistent with the
subdivision plans.
2. The topographic map shall be labeled the "conservation plan and
topographic map. "
3. The topographic map shall be modified to indicate that footing
drains will be supplied to all, homes}, subject to the approval
of the Town Engineer. In addition, the topographic map shall,
address the 50-yeas flood line.
4. The Key Map shall contain a second class "D" certification and
shall indicate drainage easements, the pond area, the detention
basin, the stream, the foliage line, the wetlands and the
general direction of the drainage flow. In addition, the
"Phasing" and "Data Table" contained on the "Preliminary Layout
Plan" shall be reproduced on the Kay Map.
5. The Plot Plan shall be. modified as follows:
a. Typical building lines shall be dimensionalized.
b. Pavement widths shall be indicated.
C. Lot markers and monumentation shall be indicated, subject
to approval of the Town Engineer.
d. All easements and right-of-ways shall be indicated in favor
of the Town of South Windsor.
6. An Open Space Improvement Plan portraying landscaping treatments
in the vicinity of the detention basin, at pedestrian access
points and over the entire open space area shall be submitted
and approved by this Commission prior to the filing of the
final plans.
7. Measures shall be taken to minimize disruption of open space
areas during the installation of utilities and other construction
activities.
8. Lot widths shall be indicated on the plans.
•
9. A drainage assessment fee in the amount of $1400 shall be submitted.
10 . Drainage for the subdivision is subject to the approval of the
Town Engineer.
11. The existing pond' s outlet structure shall be modified, subject
to the approval of the Town Engineer.
12. The drainage system connecting the detention basin shall be
enclosed in a right-of-way in favor of the Town of South
Windsor.
13. Deeds for the open space and road systems, as well as easements
in favor of the Town. of South Windsor, must be submitted to
this Commission prior to filing the final plans. They must
be approved by the Engineering Department and Town Attorney and
be in accordance with the policy for accepting deeds
The deeds will be held in escrow until completion of the sub-
division and then referred to the Town Council for acceptance_
14. This approval is subject to the conditions of approval of the
Inland-Wetlands Agency and. the Conservation Commission.
15.. The applicant shall demonstrate. to the Commission satisfactory
provisions for the utilization of solar energy.
16. Bonding for Phase r will be set by the Planning and Zoning
Commission at a future date, subject to recommendations of the
Town Engineer.
17. A liability insurance policy shall be submitted to this Commission
naming the Town of South Windsor as an insured with a combined
single limit for bodily injury and/or property damage in the
amount of $1,000 , 000 .
18. Concrete sidewalks, built to Town specifications, shall be
installed on both sides of the interior streets.
19 . Water shall be supplied to this subdivision by the Connecticut
Water ,Company.
20. All lots must be connected to a sanitary sewer system and are
subject to the approval of the Water Pollution Control Authority.
21. Street lighting shall be installed in accordance with the policy
established by the Town Manager
22. Street names and locations of fire hydrants are subject to the
approval of. the Fire Marshal of the Town of South Windsor.
Street names, and supporting posts shall be installed by the
developer in conformance with the standards of the Town of
South Windsor at no expense to the Town.
23. If, for any reason, finished grading and other site work is
not completed, the Town Engineer shall determine the amount of
a cash bond to ensure final grading and site work. This cash
bond must be submitted prior to issuance of a Certificate of
Occupancy.
24. Prior to the building of any structure on a lot, a topographic
map, drawn to a scale of 1" = 40 ' , shall be submitted for each
lot in the subdivision, showing proposed contours and floor
elevations. No building permits will be issued until the proposed
contours and floor elevations have been approved by the Town
Engineer.
25. Prior to commencement of site work, a meeting must be held with
Town Staff.
Black and white transparent mylars of Sheets 1 through 5, modified
as above, together with three paper prints of the entire set of plans,
shall be submitted to the Planning and Zoning Commission to be stamped
and signed_ The letter of approval of the Planning and Zoning
Commission, the Inland-Wetlands Agency and the Conservation Commission
must be reproduced on the mylars. After signing, the mylars will be
filed in the Town Clerk's Office. The mylars must be filed within 90
days from the date of approval (by September 23, 1985) .
The motion was seconded by Mr. Conde and voted unanimously in favor.
6. Discussion concerning Jillson Farms, DA-15 Zone Change
Mr. Conde moved to table this item until more Commission members who
attended the public hearing were present_ The motion was seconded by
Mrs. Rossi and voted unanimously in favor_
7. Discussion concerning Mark C. Lavitt Zone Change
Mrs. Klenke and Mrs. Rossi noted that they were not at the June 4,
1985 public hearing, but had read the minutes and felt they were
qualified to vote on the matter.
Mr. DeMallie noted that if there was a subdivision of this property,
it would be served by a street system from South Windsor as noted at
the public hearing. Mr. Cummings stated that Mr. Lavitt and Mr.
Jacques, who owns the abutting "Mountainview Estates" subdivision,
have a good working relationship.
Mr. Conde moved to approve the application of Mark C. Lavitt for a
zone change from RR to A-30 on approximately 9 acres of land located
on both sides of Newmarker Road on the Ellington/South Windsor
Town Lines, as shown on a Plan prepared by Datum Engineering & Surveying,
Willimantic, Connecticut, #84-4-2.
Within ninety (90) days from the date of approval (by September
23 , 1985) , a plot plan (1" = 401 ) must be submitted showing the
distance and bearings of all boundary lines and acreage of the
land where the zone change was granted. The final plan shall
be drawn in accordance with the rules and regulations of the
State Board of Registration for Professional Engineers and
Land Surveyors and submitted on a black 'and white mylar, together
with three paper prints. The mylar will then be signed and
stamped by the Commission and filed in the Town Clerk' s Office_
The effective date of the zone change will be the date the mylar
is filed in the Town Clerk's Office. In addition, since the
Zoning Regulations require proof of ownership to grant a zone
change, the applicant shall submit a Bond for Deed or other
appropriate documentation prior to the final plans being filed_
The motion was seconded by Mrs. Rossi and voted unanimously in favor.
ADJOURNMENT
Mr. Conde moved to adjourn the meeting, seconded by Mrs. Smith and
voted unanimously in favor.
Respectfully submitted,
Sydnie R. Cote, Acting Recording Secretary
APPROVED:
l 0,0M sf7ca
1540 SULLIVAN AVENUE SOUTH WINDSOR• CONN. 06074
SOR•CO T.� /
AREA CODE 203 644-2511
June 28, 1985
James H. Throwe, Esq.
33 Connecticut Boulevard
East Hartford, CT 06108
Re: Application #1086 , Arthur Roe Subdivision
Dear Attorney Throwe :
Please be advised that the Planning and Zoning Commission voted to
approve the above application for a two-lot subdivision of property
located at 1299 Main Street, in an A-40 Zone, as shown on a sub-
division plan prepared by Petersen & Hoffman, Land Surveyors, dated
May, 1985, subject to the following modifications :
1. Parcel #3 shall be comtined with the property N/F of Edward
and Adella Kasheta to the north. A deed for the new combined
lot shall be filed in the Office of the Town Clerk.
2. A Conservation easement shall be provided over lot #2 in favor
of the Town of South Windsor in the area of the Federal Flood
Plain, and easements in favor of lots #2 and #3 , as indicated
on the plans, shall be submitted to this Commission prior to
filing the final plans. These easements must be approved by
the Engineering Department and the Town Attorney and be sub-
mitted in accordance with the policy for accepting deeds
(attached) .
3. Water shall be supplied to the dwelling on lot #2 by the Met-
ropolitan District Commission.
4. The dwelling on lot #2 shall be connected to the Town of South
Windsor Sanitary Sewer System, subject to the approval of the
Water Pollution Control Authority.
5 . A turn-around driveway shall be provided on lot #2, subject to
the approval of the town Engineer.
6 . A drainage assessment fee in the amount of $50. shall be submitted.
7. Prior to issuance of a building permit, Inland-Wetlands and
Conservation Commission approval must be obtained.
James H. Throwe, Esq. -2- June 28 , 1985
8. Prior to the building of a structure on lot #2, a topographic
map, drawn to a scale of 1" = 40 ' , shall be submitted showing
proposed contours and elevations. No building permit will be
issued until the proposed contours and floor elevations, particularly
the lower floor elevations, have been approved by the Town Engineer.
Black and white transparent mylars, modified as above, together with
three paper prints , shall be submitted to this Commission to be
stamped and signed. This letter of approval must be reproduced on
the mylars. After signing, the mylars will be filed in the Town
Clerk' s Office. The mylars must be filed within 90 days from the
date of approval (by September 23, 1985 ) . A building permit will
not be issued until all conditions of approval have been complied
with, and the final plans have been filed in the Office of the Town
Clerk.
Very truly yours,
PLANNING AND ZONING COMMISSION
By l 'iu�c�X 1 ✓ l �r _
David H. Sorenson, Acting Chairman
src
cc: R. Martel, Town Engineer
T. D'Auria, Building Official
P. DeMallie, Planning Director
E. Belleville, Assessor
Water Pollution Control Authority
Inland-Wetlands/Conservation Commission
Petersen & Hoffman
/glltl'L �� �OL�Li2 LUC�`2t��G-i
9 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074
e,cor AREA CODE 203/644-2511
TO BE PUBLISHED IN THE JOURNAL-INQUIRER MONDAY, JULY 1, 1985
LEGAL NOTICE
TOWN OF SOUTH WINDSOR
PLANNING AND ZONING COMMISSION
At the June 25, 1985 meeting, the Planning and Zoning Commission
voted to take the following action:
1. Approved, with modifications, the application of William Shuteran
for a three-lot subdivision of property located at the inter-
section of Niederwerfer Road and Dart Hill Road, A-40 Zone.
2. Approved, with modifications, the application of Arthur Roe
for a two-lot subdivision of property located on the west
side of Main Street, known as 1299 Main Street, A-40 Zone.
3. Denied the application of Braeloch Associates for an open space
subdivision consisting of 17 lots located on the west side of
West Road, approximately 400 feet south of Sullivan Avenue,
RR Zone.
4. Approved, with modifications, the application of Dart Hill
Realty, Inc. for an open space subdivision property, consisting
of 28 lots in Phase I, located on the north side of Dart Hill
Road, west of Newmarker Road, known as "Mountainview Estates,*
A-30 Zone.
5. Approved the application of Mark C. Lavitt for a zone change
from RR to A-30 on approximately 9 acres of land located on
the Ellington/South Windsor Town Lines, on both sides of
Newmarker Road.
Dated at South Windsor, Connecticut this 26th day of Junem 1985.
PLANNING AND ZONING COMMISSION
David H. Sorenson, Acting-Chairman and Secretar
DEFINITIONS (cont'd.)
1.16a Parking Area: An open space used for parking motor vehicles
exclusively, in which no gasoline or motor vehicle accessories
are sold or no other business is conducted.
1.16b Pickup Coach or Pickup Camper: A structure that mounts
on a pickup or truck chassis and is equipped for use as
a temporary dwelling while traveling.
1.16c Premises: That portion of a lot or structure or building
actually in use for the specific purpose or use under
consideration.
1.18a Rooming House: A residence in which the resident owner or
tenant rents rooms for compensation to one or more persons, but
not in excess of six persons.
1.18b Restaurant: An eating place where food is prepared, served,
and consumed at tables, within a building, and where consumption
is not permitted out of doors.
1.19a Site Development Plan: That part of a plan of development
which clearly defines all buildings, parking areas, driveways
and walkways, utilities, and proper water drainage.
1.19b Story, first: The lowermost story entirely above the grade
plane.
1.19c Street: Shall mean and include streets, avenues, boulevards,
roads, lanes, highways, places and any other thoroughfares
which afford a principal means of access to abutting property,
which are accepted by the Town or the State, and improved to
a degree of traffic safety and which will handle storm water
adequately.
1.19d Street Line: The line separating a street right-of-way from
adjoining property, not the paved or travelled roadway.
1.19e Structure: That which is built or constructed.
1.20a Tourist Home: A residence in which the resident owner or tenant
rents rooms for compensation, primarily to one or more transients
but not in excess of six persons.
1.25a Yard: A space not occupied by a building, open to the sky on
the same lot as the principal building.
1.26a Base Flood: The flood having a one per cent chance of being
equalled or exceeded in any given year. The "100 year flood",
as portrayed on the South Windsor Flood Insurance Rate Map,
effective May 1, 1980, as amended.
-6- 8/2/82
r
f
NO. CV 5 0034798-S SUP IOR COURT
JOHN G. BURGDORF E
DORIS P BURGD-ORF JUDICIAL DIST T OF TOLLAND
VS. 'AT ROCKV LE
Uo, been� art of the Regulati?, -'at all times sinee'thai sidle,
a • '/� evPeter DeMallie first became Director of Planning of the Town of South
o Windsor in December 1979 and has remained in that position at all times since
that date.
U
10cc T
)ob deser+ptign� thy'D,;rector of P ning states tha ' duties
2 O In(��i rcn� . ^,]lLzi!I.I'J f Cql.0(.'Sl
d Zoning
Thomas D'Auria is and at all times since March 2, 1981 has been the Chief
Building Official of the Town of South Windsor.
it has the required minimum w' at a line der ° provided m Section 1. 12f
of th egulations.
i
The annexed Exhibit A is a copy of the insert map which is a part
Tof the map of the subdivision creating lot #71 and referred to at Item #8,
on pages 2 and 3 of defendant's April 17, 1986 Response to Request for
Admissions.
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