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HomeMy WebLinkAboutVariance (577) APPLICATION FOR Application # Q o� TOWN OF SOUTH WINDSOR Date ZONING BOARD OF APPEALS Receipt impoRTART: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL ITEMS HOST BE ANSWEM AND ALL SOPPLEMIng MUST BE SUMMTTM)- THE APPLICATION WILL BE RETURNED IF INCOMPLETE. - The application and supplements must be filed in dapiirate. - 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 can be obtained from mortgage records. The sign from the Planning Department must be displayed on the property at least to 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 at -the South Windsor Town Hall. APPLICANT: Windshire Abbe Estates, Ltd. MAILING ADDRESS c/o RSK-KELLCO, Inc., 1744 Ellington Road, South Windsor, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION John W. Davis and Eileen Davis LOCATION OF PROPERTY IN QUESTION 8 Windshire Drive Lot 1B - ZONE OF PROPERTY IN QUESTION AA30 CHECK ONE OF THE FOLLOWING: X Request Variance to Section 3.14 of the Zoning Regulations to allow a buildine lot on a paper street 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? XXX (If Corporation, submit a list of officers. -If Co-partnership, submit a list of owners) .. Is the applicant owner, lessee, or prospective tenant? DeveloFer/former owner Are there any liquor outlets within the restricted area? NO i (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 r State clearly the unusual hardship or exceptional difficulty that prompts this application and indicate why other options are unhcceptable.. (Use a separate sheet of paper if necessary) . i s i This lot had been eliminated frnm nrigin al app rovzl fer WIP- 4s4lEe Abe-- in anticipation that Abbe Road extension would samPtima be romp1et-ed c;r,.e that will t not happen now that the Town of South Windsor owns the adjnin`ing land: we requ 5� a variance to be allowed to bring the driveway off Windshirev Drive-`-- in t-he ar-ea of the paper-street of Abbe Road Extension• Dated this !?i day of 'CY Yea �T�I Z Telephone APPLICANT: ��( C, e (Signature) OWNER: ' (Signature) Zak C,ak Ml_C4e k ACTION OF THE BOARD s't�tc /% /!4 5 GRANTED . � � � DENIED . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . .. : . .. . .. . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . . . . . . . . . . . .. .. . . . . . . . . . . . . . . 74 of the South Windsor Land Records . Q d . A utility easement in favor of the Connecticut Light and Power Company recorded on May 6, 1962 in Volume 314, Page 264 of the South Windsor Land Records . e. A Conservation Easement to the Town of South Windsor as record appears . LAW OFFICES •KUEHN,CAVANAUGH 2 . For ' and in consideration of all of the above, the Buyer AND CUMMINGS. P.C. 968 FARMINGTON AVENUE WEST HARTFORD.CT 06107 agrees to pay the Seller the sum of ONE ($1. 00) DOLLAR for said / Lot 1B upon the exercise of Buyer ' s rights under this Agreement, v it being expressly understood and agreed, that the conveyance of Lot 1B from the Sellers to the Buyer arises out of the original sale by the Buyer to the Seller of Lot 1, Windshire Abbey Estates , Limited, Subdivision the terms and conditions of said transfer more particularly described in a certain Bond for Deed between the parties hereto and dated November 24, 1982 , the terms and conditions of said Bond for Deed being incorporated herein- by reference. As a precondition, to Sellers ' obligation to transfer said Lot 1B to the Buyer herein, the Buyer, at its cost and expense shall have the obligation to obtain a re-subdivision approval from the Town of South Windsor for the re-subdivision of Lot 1 into Lots lA and 1B as shown on Schedule A attached. Buyer shall be responsible for all costs, expenses and application fees incurred in obtaining such re-subdivision approval however, the Sellers agree that they shall execute such applications or other documentation as is necessary to carry forth such re-subdivision application. Notwithstanding the foregoing, in the event that the Buyer has been unable to obtain such re-subdivision approval from the Town of South Windsor by February 28, 1993, then this Agreement shall be null and void and all rights and obligations arising hereto shall be deemed void. 3. The Sellers shall be responsible to pay taxes due the Town of South Windsor and other municipal assessments with regards Q to said Lot 1 during the term of this Agreement provided, however, that at time of closing any taxes or other assessments shall be adjusted in accordance with the procedures as established by the Hartford County Bar Association for such adjustments . The Sellers further covenant and agree with Buyer that they shall make no LAW OFFICES KUEHN,CAVANAUGH material alteration in the topography or landscaping of that area AND CUMMINGS. P.C. 968 FARMINGTON AVENUE WEST HARTFORD,CT 06107 (203)236.2973 shown as Lot 1B without first receiving written permission from the Buyer, which permission will not be unreasonably withheld . 4. The Buyer shall have the right to close at any time, from the date of this Agreement through February 28, 1993, upon ten days written notice to the Sellers and, upon Buyer having obtained said re-subdivision approvals as are necessary from the Town. The Buyer further grants to Sellers herein, a right of first refusal and option to purchase said Lot 1B for the total consideration of THIRTY-TWO THOUSAND FIVE HUNDRED ($32 , 500. 00) DOLLARS. Upon Buyer giving Sellers notice of its having attained re-subdivision approval of Lot 1B by the Town of South Windsor, and of Buyer 's intent to close and take title to Lot 1B under this Agreement , then, Sellersshall have the right to notify Buyer, in writing, of Sellers ' desire to purchase said Lot 1B and obtain release of this Agreement at which time, upon payment of the stated consider- ation of THIRTY-TWO THOUSAND FIVE HUNDRED ($32 , 500. 00) DOLLARS , within sixty (60) days of notice from Buyer to Seller herein, the Buyer shall transfer all of its interest in said Lot 1B to the Sellers arising by reason of this Agreement. 5. The parties hereto , shall execute a Notice of Bond for Deed which shall be recorded on the South Windsor Land Records not withstanding the execution of such Notice of Bond for Deed , however, the Buyer agrees that it shall, at any time, upon request from the Sellers execute such Subordination Agreements as may be required, from time to time, in the future in order that the Q Sellers may obtain mortgage financing for construction of a residence on that portion of Lot 1 shown as Lot lA on the Schedule attached hereto. 6. During the term of this Agreement, the Sellers may enter onto the premises described as Lot 1B on Schedule A attached here- LAW OFFICES KUEHN.CAVANAUGH to and utilize the same subject, however, to the obligations as ,ANDCUMMINGS, P.C. 366 FARMINGTON AVENUE WEST HARTFORD.CT 06107 12031 2362973 set forth above to refrain from excavating, clearing trees or otherwise making substantial and material changes in the condition of the premises without first obtaining written consent from V Buyer which written consent will not be unreasonably withheld. 7 . The parties represent that no real estate agent or broker was the procuring cause of this Agreement and that each party shall hold the other harmless from any claims or causes of action arising from any real estate agent or broker by reason of that party' s activities. 8. This Agreement shall be binding upon the parties hereto their heirs and administrators , successors and assigns forever. 9. All notices and other communications required hereunder shall be in writing and shall be given by certified mail, return receipt requested, addressed to the Sellers at the following address: John W. Davis and Eileen Davis , 480 Miller Road, South Windsor, Connecticut, or addressed to the Buyer at the following address: Windshire Abbey Estates , Ltd . , c/o Richard S. Kelley, 1750 Ellington Road, South Windsor, Connecticut, 06074, or in either case at such other address as either party may, pursuant to the provisions hereof, provide to the other in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals , the day and year first above written. Witnesses : BUYER: WINDSHIRE ABBEY STATES , LTD . BY Richard Kell O Its President duly authorized SELLERS Z> Jo n W.. D s LAW OFFICES (UEHN.CAVANAUGH AND CUMMINGS, P.C. 168 FARMINGTON AVENUE Eileen Davis I WEST HARTFORD.CT 06107 Q03)236 2973 STATE OF CONNECTICUT : : ss . South Windsor COUNTY OF HARTFORD: February 1983 Personally appeared, Richard S. Kelley, who acknowledged himself to be the President of Windshire Abbey Estates , Ltd . , a corporation, and that he as such President , being duly authorized to do so, executed the foregoing instrument for the purposes contained, by signing the name of the corporation by himself as such President, before me. 5 1d R. mmi ngs Commissioner of the Superior Court STATE OF CONNECTICUT: . ss. South Windsor COUNTY OF HARTFORD : February , 1983 Personally appeared, John W. Davis and Eileen Davis, signers and sealers of the foregoing instrument and acknowledged the same to be their free act and deed, befo a me. ld R. Cb=ings Commissioner of the Superior Court 0 LAW OFFICES KUEHN.CAVANAUGH AND CUMMINGS, P.C. 966 FARMINGTON AVENUE WEST HARTFORD.CT 06107 1203)236 2973 <0WN SE,` 9 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �`` AREA CODE 203 644-2511 CON / January 11 , 1993 C....._E........R......T.........I........I=.........I........_E.......D..................M.....A.........I........L Windshire Abbe Estates , Ltd . C/o RSK-KELLCO, Inc. 1744 Ellington Road South Windsor , CT 06074 ATT: Richard S . Kelley RE: ZBA Application #2101-92 - Windshire Abbe Estates, Ltd. 8 Windshire Drive Dear Mr . Kelley : At the meeting of the South Windsor Zoning Board of Appeals held on January 7 , 1993, the Board voted to table your request for a zoning variance to Section 3. 14 of the Zoning Regulations to allow a building on Lot 1 -13 on a paper street at 8 Windshire Drive, AA-30 Zone, until such time as the Board has been able to meet with the South Windsor Town Attorney to discuss various legal issues on this application . You will be notified as soon as a decision has been rendered on your application . Very truly yours , Marjorie Anthony Vice Chairperson Zoning Board of Appeals MA: asb �AO,Mn sE, O-P S-0it-t& Vzol� <� O � c � 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 SOR-C�N2 AREA CODE 203/644-2511 February 2, 1993 C E R T I F I E D M A I L Windshire Abbe Estates, Ltd. c/o RSK-KELLCO, Inc. 1744 Ellington Road South Windsor, CT 06074 ATT: Mr. Richard S. Kelley RE: ZBA Application #2101-92: Windshire Abbe Estates, Ltd. 8 Windshire Drive, Lot 1-B Dear Mr. Kelley: This is to notify you that at the January 19, 1993 Special Meeting of the South Windsor Zoning Board of Appeals your request for a variance to Section 3. 14 of the zoning .regulations to allow a building on Lot 1-B on a paper street at 8 Windshire Drive, AA-30 Zone, was denied. The reason for denial as stated by the Board was that no hardship was demonstrated. Very truly yours, Marjorie Anthony Vice Chairperson Zoning Board of Appeals MA/asb "" S 66°-09�-30��E -► YV I IV U 5 H I K E DRIVE / I/ 93.°-4 0'-00' 124.50 R 2Tr 2 5.00 L 4007'65' ' i 20� to N I — Z cD O M - O 50' U) I A O o0 Z 0 ' D _ W 30,445 S.F. N O � N 2 X W O M a0 N69°-49'-30"W w 146.86� o - o N S 61 1 -1 73.12' O_ W 1 ° m O N m Z Q TOWN OF SOUTH WINDSOF, o i-B W Ln , 30,050 .-S.F. Oh o (o u_ co FUJ.7&O'NElL_C T I C U T 1 h P LOT PLAN FOR 1\ 9g.o7 RE— SUBDIVISION OF LOT NOA N 5g°_41. WINDSHIRE ABBY ESTATES, iL1_ _3p, N W SOUTH WINDSOR , CONN. ►Roj No. 80-255 DATE 2-15- 83 SCAL[ =401