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HomeMy WebLinkAboutVariance (562) 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? 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 unusual hardship or exceptional difficulty, that prompts this application and indicate why other options are unacceptable. (Use a separate sheet of paper if necessary) . On March 5, 1992, a variance was granted (no.2037-92) for Ridgefield Section IIIA (five lots) allowing a contiguous buildable area with slopes not exceeding 18% As per the attached -nerwrandum (6/.19/92), actual slope conditions of the middle lot (renumbered as lot no 43) slightly exceed 18% in a small portion bf the continuous buildable area Accordingly, we request that the 18% number in your original approval letter be changed to 20% ,r h rdship lies in several factors- 1 No such zoning requirement was in effect for hP first P ha=oss f the development• 2) Area lots have similar slopes and these Int-a areall vejZZ hn;1 rlahl P 3) . These lots are serviced by public wer and water: 4) The ; l d r r;fi cad topwraS by ma is the only difference between this--application and the application approved on March 5) There is very little difference between 18% and 20% gr das. especially a it- to building development• 6) . Many trees can be preserved in this subdivision.s;on. as pQ j tzayed on the s uhd i v;s;on maps• 7) Denial of tMs appl;cation would ,-ender this 1 nt unh„i 1 r9ahl e when th re arp cyther house in she area h,,; lt on Similar slopes Dated this loth da of jelly Year 1 A92 Telephone 1 753 6 644-4l-07gs(T)PT) APPLICANT: OWNER: A-4, (S gnature) Agent for Owner (Signature) ACTION OF THE BOARD : GRANTED y/�I9a DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "�.� . . . . . . G. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,pA W �0✓1 C�, �QitA: �18 tt 0-� i ,o �0 1.� �La Ce aC�flo -n A vkc lr-ao flo ocIZIA-sn ion o00 ,d : cxrj w map . ' `�'�-e /i't e64�d n and �l� o Al "va't �p�N =t, `� c " �Z� ovee s� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 soR•coN� AREA CODE 203/644-2511 March 10 , 1992 C.....E......R......T.....I....F......1.. .E .._D .........._.M__A__._I .1. Mr . William J . Krawsk ' 130 Buckland Road South Windsor , CT C5109-O801 RE : ZBA Application #2037-92 : William J . Krawski 130 Buckland Road Dear N.- . Krawsk i At the meet ' ng of the Zoning Bcard of Appeals held or Marc'-: 5 . 1992 , a variance was granted tc Section 110 . 1 c` the -,chino Regulations to al ' ow 'ots that cannot meet the buildable scuare reauiremer-its on prcoerty located or the east side cf rel ` rtc"c . south of Ridgefield Drive (AA-30 Zone) . Cond'tic'ls c1aced cn this apprcva1 are as fe ' lows : respect for definition or bui ' dable area , acoroval s^all not be lim' te to areas with a slope over the 15o recu ' rement on the conci icr that said slope shall nct e,<ceed ' 3°C and t^at no fill shall be removed from each lot and ro fill brought onto each lct with the exception of normal constructicr fill . The hardsh i n o l aced w ' t!-. th. = s a ce= l ' s tha'. removal of trees a at_.ra 1 l andscao i rc c tr-,e s '. c- _ cuest i c^ i n oruer tc grade the s 1 ope wolr '; c break the natu` '. bar" i er and become a dear imer t instead of an asset tc the land . in add ? ticr: , denial of th ' S application would leave each lc` u �bu ' ldable due tc the s ' c-�e regulation Wien there are other houses within the surrounding area built on the same type of slope . This action is effective March 5 , 1992 and upon your filing of the enclosed form in the Town Clerk ' s office at your own expense . Very truly yours , Q�3 Robert W . Warren , Chairmar; Zoning Board of Appeals RWW/asb Enclosure ED) ro ^ U� ssno aNsv inc. civil engineers * planners ° ovmoyom June 19, 1992 M, . Robert W. Warren, Chairman Zoning Board of Appeals 1540 Sullivan Avenue South Windsor , CT 06074 Dear Bob: RE: ZBA Application of William J. Krawskir Sr . #2037-92 Ridgefield Section IIlA Felt Road Project No . 89-402 On March 5, 1992, a variance was granted (approval ]ette, attached) on the above-referenced application relative to the slope requirements of Section 10. 1 .a' The applicant had submitted a Class D map, prepared by our firm in 19905 which portrayed 5 building lots and topography referenced from a map prepared by another surveyol (see attached map) . My reading of the approval lette` is that wi t|.i.. the 90' x 90' buildable square, e:isting grades may exceed 15% 1 provided they do not exceed 18% on any of the five lots- I believe my interpretation is shared by the Planning Department . Subsequent to the variance approval , and pursuant to prepavatio.l of a subdivision application, our firm was retained to piepare a topographic map of the subject p. operty. We found field-ve/ ified topography to be somewhat different from that on the map submitted with the variance application. In fact , a breakdown of the 90' x 90 ' square on the middle lot (renumbe' ed as lot no . 43, b/'t shown on the variance map as lot no . 45) is as follows: 1 . ) 60% of the square has grades under 15%. 2. ) 7% of the square has gra0es 15% - 18%. 3. ) 33% of the square has grades 18%-20%. 1 441CGovernora Highway, South Windsor, CT00074 ~ (203) 291-8755 0 FAX: (203) 291-8757 Our, subdivision plans reflect the field-verified topography, and portray a House with a walkout basement , a 10 feet shelf beyond the basement walkout (3: 1 slope) , full sewer aiid water utilities =eivices c!irectly from Felt Road , and a 6% slope driveway servinq the lot Witt; a flat area in front of the garage. The lot works very well fo-i coristructiori of a house and driveway. Pis stated above, the only difference is that oy-te thii d o; the buildable square has 2()''/'* grades rather than; 18%. Giveri that our client , William J. Krawsk:i , Sr . , has a SUbdivisiori application pending with the Planning & Lowing Commission requkestinq approval of the five lots, we would be most appreciative if the Beard could review the March J approval in view of the fo, egoirig . Sincerely, Design P-fofessio ials, loc . i Y Peter R. Della l l i e P-r- incipaI cc : Michele L_ipe William k:_i awek.i , Sr . Anthony Novak:, Esq. 2 �resign ofessionaIs, inc. civil engineers • planners • surveyors 441C Governors Highway, South Windsor, CT 06074 • (203) 291-8755 • FAX: (203) 291-8757 10'1" sE,t 0 Z) Tio� 0-ye S-o"M C10&U&.at � 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR•Co�,�`` AREA CODE 203/644-2511 July 6 , 1992 Peter R . DeMallie, Principal Design Professionals , Inc. 441C Governors Highway South Windsor , CT 06074 RE: ZBA Application #2037-92 - Ridgefield Section 111A Felt, Project No. 89-402 Dear Mr . DeMallie: At the meeting of the South Windsor Zoning Board of Appeals held on July 2 , 1992 , 1 discussed with the Board your letter of June 19 , 1992 regarding the above-referenced application. This letter shall serve to advise that the Board felt it could not exceed the 18% slope requirement previously set by the Board without further application and public hearing . As there is no public hearing scheduled for the month of July , the next scheduled public hearing is for September 3, 1992 . The cut-off date for ZBA applications for September ' s meeting will be on August 14, 1992 . Very truly yours , Robert W. Warren, Chairman Zoning Board of Appeals RWW: asb i yesign fessfonals,o inc. civil engineers • planners • surveyors July fir, 1992 Marcia Banach , Planning Director Town Hall 1540 Sullivan Avenue South Windsor , CT 06074 Dear Marcia: Re: ZBA Application of William J. K6 awski. , Si . Felt Road South Windsor , Connecticot: Project No. 89-402 Enclosed is a new ZBA application for Ridgefield Section IIIA. As you and the Planning & Zoning Commission are aware, the Zoning Board of Appeals concluded that a. new application and hearing would be required in order to make a determination on Section 10. 1 .a as it applies to the subdivision, in particular the middle lot , No . 43. The hearing will be on September- :3. Of course this poses a problem for the application onw pendiog befo e the PZC, inasmuch as the hearing cannot be continued long enot. gh to hear the disposition of the ZBA re-application. Accordingly, I fully anticipate my client will withdraw the PZC application, and immediately re-apply. This should allow fo; a new PZC hearing in early to mid-September , and hopefully a PZC decision in September-. or October , which is consistent with my originally projected action timeframe. Sincerely, Design Professionals, Ioc . Peter R. Della l l i e Principal cc : (*William Krawski , Sr . Anthony Novak , Esq. 441C Governors Highway, South Windsor, CT 06074 0 (203) 291-8755 0 FAX: (203) 291-8757 CHORCHES & NOVAK, P.C. ATTORNEYS AT LAW 81 WOECOTT HILL ROAD WETHERSFIELD. CONNECTICUT 06109-1242 (203) 257-1980 TELECOPIER (203) 257-1988 OF COUNSEL MARTIN CHORCHES ROBERT S. EVANSt ANTHONY S.NOVAK• DAVID S. WAREN NEW HAVEN TEE. RONALD I.CHORCHES (203) 772-4908 THERESA A.CALDARONE August 19, 1992 Robert W. Warren, Chairman Zoning Board of Appeals Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 RE: William Krawski Dear Mr. Warren: This firm represents Mr. William Krawski in a Chapter 12 bankruptcy petition which was filed at the U.S. Bankruptcy Court, District of Connecticut at Hartford on February 14, 1992 . The case number is 92-20561. Chapter 12 allows the debtor to continue in possession of his property and propose a plan of reorganization to the creditors and the Federal Court in an attempt to pay all creditors their duly proven and allowed claims. The reorganization plan currently under consideration by the Federal Court provides for the subdivision and sale of Mr. Krawski's property known as Ridgefield Section IIIa, Felt Road, South Windsor, Connecticut. The original court hearing on approval of Mr. Krawski's plan of reorganization has been rescheduled numerous times due to the fact that Mr. Krawski has not yet been able to obtain all necessary approvals from the requisite boards and commissions of the Town of South Windsor. THE COURT HAS ORDERED A FINAL HEARING ON THIS MATTER TO BE HELD ON OCTOBER 6, 1992 AT 2 :00 P.M. AT THE U.S. BANKRUPTCY COURT, DISTRICT OF CONNECTICUT AT HARTFORD. ALL APPROVALS MUST BE IN PLACE BY THAT TIME. . -Mr. Robert Warren August 19, 1992 Page Two Please assist us in complying with the Federal Court orders in obtaining the necessary approvals from the South Windsor Boards and Commissions prior to this date. If we can expedite these matters in any way, please let us know immediately. Very truly yours, An ony S. cavk ASN/mh cc: Gilbert Rosenbaum, Trustee William Krawski Peter DeMallie/Design Professionals Michael Kopsick, Esq. �10'01N Sf,<� G � U s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 Soe•co`� AREA CODE 203/644-2511 September 14 , 1992 C....._F.......R.......T......._i...._F........I.........E......_Q...................M.......A.........I......._4 Mr . William J . Krawski 130 Buckland Road South Windsor , CT 06074 RE: ZBA Application #2065-92: William J. Krawski East side Felt Rd. , south of Ridgefield Dr . Dear Mr . Krawski : At the meeting of the Zoning Board of Appeals held on September 3, 1992 , a variance was granted to Section 10 . 1a of the Zoning Regulations to allow a contiguous buildable area with slopes in excess of 15% on Lot 43 located on the east side of Felt Road , south of Ridgefield Drive, AA-30 Zone. The hardship of this appeal is that the size of the lot and location relative to Felt Road creates a uniqueness to this application . Please note the following conditions placed on the variance granted: The house is to be placed on Lot 43 no further into the 18 - 20% slope portion of the 10, 000 square feet than is shown on the map included with the application . All other previous approval conditions apply . (See approval for Application #2037- 92) This action is effective September 3, 1992 and upon your filing of the enclosed form in the Town Clerk' s office at your own expense. Very truly yours , Robert W. Warren , Chairman Zoning Board of Appeals RWW/asb Enclosure cc: Peter DeMallie, Principle Design Professionals , Inc. I , Robert W. Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on September 3, 1992 , the Zoning Board of Appeals granted to: William J . Krawski , 130 Buckland Road, South Windsor , Connecticut a variance to Section 10 . 1a of the Zoning Regulations to allow 'a contiguous buildable area with slopes in excess of 15% on Lot 43 , with the following conditions : The house is to be places on Lot 43 no further into the 18-20% slope portion of the 10 ,000 square feet than is shown on the map included with the application and 11 other previous approval conditions apply (see approval for Application #2037-92) on premises located: East side of Felt Road, South of Ridgefield Drive and more particularly bounded and described as follows : Parcel 2 - boundeds Northerly by Ridgefield Drive. one hundred seventy-five Ststerl (175) feats y by land now or formerly of The LaCava Con- struction Company, six hundred forty (64o) Southerly et land or formerlyy, of Harve �. Ro hundredths (h2p Tegi)ffeet� ei� y-one one- Westerly by Felt Road, five hundred ninet eighty-five one-hundredths 85e1fee and Northwesterly by a curved line connecting(the eas feet= and highway line of Felt Road ithethessoutherly highway line of Ridgefield Drive and twenty-seven one- thirty-Wise hundredths 139.27j feet OWNER OF RECORD: William Joseph Krawski Dated at South Windsor, Connecticut this 14th day of September , 1992 . Robert W. Warren, Chairman PUBLIC ACT #75-317 Received for Record day of 1992 at ATTEST: TOWN CLERK i 1 Volume 400 Page N4 033 CONNICTICUT WARRANTY VWM f toplt to Mljont tbtgt f regaIN gljaU lComt, �rutirrg: Ito Le. tltbat The LaCava Construction Company, a Connecticut corporation having its principal office in the Town of Wethersfield, County of Hartford and state of Connecticut, acting herein by Joseph P. LaCava, its President duly authorized (hereinafter referred to as the "Grantor ) 00.133 + for the consideration of consideration received to its full satisfaction of William Joseph Krawaki of 130 Buckland 5 Road in the Town of South Windsor, County of Hartford and State of Connecticut (hereinafter referred to as the "Grantee") do ea give,grant, bargain,sell and confirm unto the said William Joseph Krawski, r his heirs and assigne forever l 4; Two certain pieces or parcels of land situated in the Town i ) of South Windsor, County of Hertford and State of Connecticut, as described in Schedule A attached hereto and made a pert hereof. .� ..No t,pnveysnce Tax collected J1. :o Co veyancs Tax CO lected Town Clerk of Sophyllqier>< Town Clerk of Sout�11�1nt Clerk Parcel 2 - bounded: Northerly by Ridgefield Drive, one hundred seventy-five (175) feet= Easterly by land now or formerly of The Lacava Con- struction Company, six hundred forty (640) f feet; Southerly by land now or formerly of Harvey J. Roy, et al, two hundred four and eighty-one one- hundredths (204.81) feet; Westerly by Felt Road, five hundred ninety-eight and eighty-five one-hundredths (598.85) feet; and Northwesterly by a curved line connecting the easterly highway line of Felt Road with the southerly highway line of Ridgefield Drive thirty-nine and twenty-seven one-hundredths 139.27) feet Y ; 1