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 �
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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
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►Roj No. 80-255 DATE 2-15- 83 SCAL[ =401