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Home My WebLink AboutVariance (591) )N FOR ,JUTH WINDSOR Application # a✓3� Z j .��NG BOARD OF APPEALS Date Receipt 1 �0----$��?'' This application —=-�— Frida must be submitted to the Planning Of the recedin month to insure being Department by the ALL ITEtiS MUST BE g heard at the Se-Cond RETMZM IF INN SWS$ED AND �, SDPP next meeting.L1TS !IDS? B8 S IIBHITTED. ?gg APPLICATION WILL BE - The application and supplements must be filed ' A Class in du licate, typed or application rshowin better survey of the propertyPrinted in ink. and buildings g streets, lot lines in question must be submitted w from sub ' present or proposed building lines with the sect property. • and buildin Zone boundary lines gs on adjacent properties dimensions, If a variance and distance with the is being requested, a le application. This c;:Asrriptionaca description of the Property- The s • be obtained from p Y must be submitted sign from the Planning mortgage records. prior to the public hearing Dinaatlocationment tvis.displayed on the property The applicant ibis from all abutting perty at least 10 days date and place °r a representative, must streets. Of the hearing will be advised Present for the public hearing. - Inquiries on this a Y mail. g• The time, Windsor Town Hall. application may be directed to the Planning Department at the South APPLICANT; Richard Bueker General MAILING ADDRESS 85 Nutmeg Manager g Rd.OWNER OF RECORD OF South Windsor, CT 06074 PROPERTY IN QUESTION Hi- LOCATION OF PROPERTY IN G Com an & Dalene QUESTION 85 Nutme Hardwood Floorin Co. Lot 45 Nutmeg g Rd.-South g Rd. South Map #46 Parcel #23 :HECK ONE OF ASSESSOR'S MAP# 33 THE FOLLOWING; PARCEL# 11 LOT# 45 4 6 ZONE I X Request Variance to 23 side and '' �° ��c!Section�_of the Zoning end or 72� Regulations or state lm ervious to allows 0 hearing under covera e. r Section �--- ---- of the General Statutes for or temporary and conditional permit for or an appeal from the Zoning Officer's decision involving r.. Is applicant a corporation or co-partnership? Corporation (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) . Existing or alternate facilities would not permit the consolidation _ of the facilities within the State of Connecticut The proposed submission is the only means by which Hi-G' s expansion could be accomplished. - Dated this 10th y of Se ..tom r ear 1993 Telephone 1203-289-7799 APPLICANT: (Signature) ��;�� G�/�S, OWNER: 2iZZ�� L'y` ,�' (Signature) ACTION OF THE BOARD (Pc4okjL7/9 93 G TED DENIED . . �. . . . . . . . . P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Z1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 SEP 10 '93 10:35AM AT&T FAX 9015PF P.1 J.R. RUSSO & ASSOCIATES 1.=a Surveyors at Prokidwil En&ftm Parcel to be leased by MM Realty Corp. from Dalene Hardwood Flooring Company. Inc. A certain parcel of land located in the Town of South Windsor, County of Hartford and State of Connecticut. Said parcel being located on the west side of Nutmeg Road and being bounded and described as follows: Beginning at a point in westerly streetline of Nutmeg Road, said point being the southeast corner of land of NIP MM Realty Corp. and the northeast corner of the parcel herein conveyed. Thence: S15°-31 '-14"W 124.46' along the westerly streetline of Nutmeg (toad to a point. Thence: N74 Z8'-46"W 350.00' along other land of Dalene Hardwood Flooring Company, Inc. to a point. Thence: N159-31'-14"E 124.461 along land of NIP New York, New Haven and Hartford Railroad to a point. Thence: S740-28'-46"E 350.00' along land of NIF MM Realty Corp. to the point of beginning. Said parcel containing 1.00 acres of land. For a more particular description of the above described parcel see map entitled "Build- ing Location Map, Zoning prepared for Dalene Hardwood Flooring Company, Inc. Nutmeg Road, South Windsor, Connecticut" Date: 9-9-93 Scale: 1"-30' By J.R. Russo & Associates. 1 Shoham Road 9 East Windsor,Cr.06088 "TEL.(203)623-0569 +FAX:(203)623-2485 LAW OFFICES BRADY, WILLARD &ALEXANDER SUITE 400 330 ROBERTS STREET GERALD W.BRADY EAST HARTFORD,CONNECTICUT 06108-3604 AREA CODE 203 RICHARD C.WILLARD TELEPHONE 289-5477 RALPH J.ALEXANDER TELECOPIER 291-9282 JOHN F.SULLIVAN MICHAEL H.CLINTON BY FACSIMILE AND MAIL RECEIVED OCT 8 N93 October 7, 19931? WINDSOR PLANNING DEPTH Michele R. Lipe, Assistant Planner/Analyst Town of South Windsor 1540 Sullivan Avenue South Windsor, Connecticut 06074 RE: ZBA legal notice Dear Ms. Lipe: I have reviewed your letter of inquiry today, a copy of which is attached hereto. Based on the indication in your memorandum that the application number is simply used for internal administrative purposes, it appears to me that the mistake in the legal notice as to the application number is not substantial enough to affect the integrity of the notice from a legal point of view. Therefore, it is my opinion that the hearing in question may proceed this evening, assuming that all other portions of the notice are in fact in order. If you have any further esti s, please do not hesitate to contact me. Very truly yours rRaJ. Alexand r October 6, 1993 Attorney Ralph Alexander 330 Robert Drive Suite 400 East Hartford, CT 06108 Dear Atty. Alexander: Re: ZBA application for Hi-G Site Plan It has come to our attention that the legal notice for the October 7, 1993 Zoning Board of Appeals meeting incorrectly stated the application number for the Hi-G site plan. It stated it as 2162-93 when in fact our records carry it as 2163-93 . All other information regarding the variance application was correct in the legal publication. Any inquiries made regarding applications are done by a street address or a project name, and the public would have received accurate information regarding this application. Therefore, the application number has little significance other than for administrative tracking. Is •there any problem with the Zoning Board of Appeals taking action on this application on October 7, 1993? Your prompt atttention is appreciated. Very truly yours, Michele R. +Lpe Asistant Planner/Analyst i i i :i Volume 409 Page N o 106 it EXHIBIT A A certain piece or parcel of land, with all the buildings and improvements thereon, situated within said Town, County and State jdown as No. 85 Nutmeg Road, and being more particularly bounded j a d described as follows: P.-certain piece, parcel or tract of land, together with the ' I buildings and improvements thereon, situated in the Town of South / Windsor, County of Hartford and State of Connecticut, on the east Aide of the highway known as Route #5, being the southerly most 4 ve hundred (500) feet described on a certain survey entitled "?roperty to be conveyed to Hartwood, inc. Nutmeg Road, South I!. Windsor, Conn. Scale 1" 100' December 1960 F. Perry Close, Civil Engineer", which survey is on file in the office of the Town Clerk !I of South Windsor, as the map numbered 446A, reference thereto being had.. Said premises are further bounded and described as follows: j; Beginning at a point in the west line of Nutmeg Road, which point is the northeast corner of land now or formerly of Hartmor, Inc.; thence running westerly in a line at right angles to Nutmeg Road, Three xundred Fifty (350) feet to land now or formerly of The New York, New Haven z Hartford Railroad Company; thence running northerly along the east boundary of land now oz formerly of said Railroad a distance of Five Hundred (500) feet; running thence F easterly in a line at right angles to the said east boundary of ! :3 land now or formerly of said Railroad a distance of Three Hundred Fifty (350) feet; thence running southerly along the westerly line of Nutmeg Road, a distance of Five Hundred (500) feet to the place of beginning. I ; Together with all right, title and interest, if any, in and to the i • land now or formerly of The New York; New Haven and Hartford r Railroad Company adjoining the premises on the westerly side t thereof. CDBeing the same premises conveyed to Olivetti New Properties, N.V. I' �? by deed of Olivetti Corporation formerly Olivetti Underwood ; Corporation, dated December 22, 1980 and recorded December 21, i.s ! C,, 1980 at volume 293, Page 199 of the South Windsor Land Records. !I Said premises is subject to the following encumbrances: 1. Taxes due the Torn of South Windsor on the List of October 1, { R 1984, not yet due and payable. 2. Restrictive covenants contained in a deed from The M.G. 14 1960 and I Realty Corporation to H a rt wood Inc. dated DecDecembe , ! ? recorded at Volume 81, Page 120 of the South Windsor Land Records. 3. The designation of a portion of the subject premises as ' wetland as shown on a map entitled "official Inland Wetlands and s m Watercourses Map of the Town of South Windsor, Hartford County, m Connecticut 1984", which map is on file in the South Windsor Town p4 Clerk's Office. I �A t0,0N Sf 4` 7,,,wvt-t o-P 5oiri& Vt.;nd,�ot 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 I�oSOR-co AREA CODE 203/644-2511 October 12, 1993 C......E..:....R...._.T_......t._..F.........I.__E.......Q.................M......A........I........L Mr . Richard Bueker Hi-G Company 85 Nutmeg Road South South Windsor , CT 06074 RE: ZBA Application #2161-93: Dalene Hardwood Floor Co. , Inc 45 Nutmeg Road South _ ZBA Application #2162-93: Richard Bueker/Hi-G Company 85 Nutmeg Road South Dear Mr . Bueker : At the meeting of the Zoning Board of Appeals held on October 7, 1993, the following variances to Section 10 . 2 of the Zoning Regulations were approved: to allow 75 . 3% +/- impervious coverage at 45 Nutmeg Road South, 72% impervious coverage at 85 Nutmeg Road South, and zero side yards at 45 and 85 Nutmeg Road South, I Zone. The Board noted the hardship with this appeal to be that the constraint of the size of building needed for expansion, size of lot, and nature of 5 year Lease Option Agreement . This action is effective October 7, 1993 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 J I , Robert W. Warren, Chairman of the South Windsor Zoning Board of Appeals hereby- certify that on October 7 , 1993, the Zoning Board of Appeals granted to: Richard Bueker/Hi-G Company, of 85 Nutmeg Road South , South Windsor , Connecticut, and Dalene Hardwood Flooring Co. , Inc. of 45 Nutmeg Road South, South Windsor , Connecticut, the following variances to Section 10 . 2 of the Zoning Regulations : to allow 75 . 3% +/- impervious coverage at 445 Nutmeg Road South, 72% impervious coverage at 95 Nutmeg Road South , and zero side yards at 45 and 85 Nutmeg Road South on premises located: 85 Nutmeg Road South and more particularly bounded and described as follows : Parcel to be leased by MM Realty Corp. from Dalene Hardwood Flooring Company, Inc. _ A certain parcel of land located in the Town of South Windsor, . County of Hartford and State of Connecticut. Said parcel being located on the west side of Nutmeg Road and being bounded and described as follows: Beginning at a point in westerly streetline of Nutmeg Road, said point being the southeast corner of land of N/F MM Realty Corp. and the northeast corner of the parcel herein conveyed. Thences S15•-31'-14"W 124.461 along the westerly streetline of Nutmeg Road to a point. _ Thence: N74"-28'-46"w 350.00' along other land of Dalene Hardwood Flooring Company, Inc. to a point. Thence: N150-31'-140E 124.46' along land of NIP New York, New Haven and Hartford Railroad to a point. Thence: S74°-28'-46"E 350.001 along land of NIP MM Realty Corp. to the point of beginning. Said parcel containing 1.00 acres of land. For a more particular description of the above described parcel see map entitled "Build- ing Location Hap, Zoning prepared for Dalene Hardwood Flooring Company, Inc. Nutmeg Road, South Windsor, Connecticut" Date: 9-9-93 Scale: 1"-30' By J.R. Russo & Associates. OWNER OF RECORD: Dalene Hardwood Flooring Company, Inc. Dated at South Windsor , Connecticut this 12th day of 'October , 1993. Robert W. .Warren, Chairman PUBLIC ACT #75-317 Received for Record day of 1993 at ATTEST: TOWN CLERK I, Stephen Wagner, Chairperson of the South Windsor Zoning Board of Appeals hereby certify that on October 7, 1993, the Zoning Board of Appeals granted to: MM Realty Corporation c/o Hi-G Company of 85 Nutmeg Road South, South Windsor, Connecticut, and Dalene Hardwood Flooring Co., Inc. of 45 Nutmeg Road South, South Windsor, Connecticut, the following variances to Section 10.2 of the Zoning Regulations: to allow 75.3% +/- inipervious coverage at 45 Nutmeg Road South, 72% impervious coverage at 85 Nutmeg Road South,and zero side yards at 45 and 85 Nutmeg Road South on premises located at: 85 Nutmeg Road South. and more particularly bounded and described as follows: Beginning at a point"i-n'the west line of Nutmeg Road, which. point is the northeast ebrntr of land now' or formerly of Hartmor, Inca; thence.running wertstIy in.a line at right angler to Nutmeg Road, 'Three Hundred nifty (150) feet to land now or formerly of The New'. York, New Haven ':-i• .--$artford Railroad Companyl thence . running northerly along the east boundary of land now or formerly of •said Railroad a distance of rive* Hundred (500.)• feet; running . thence ,` easterly in a line"at right angler to the said east boundary of land now or formeriy 'of said Railroad a distance of Throb 'Hundred [iffy ('350) feet/ thence run0ing southerly along the westerly line ' of Nutmeg Road, a, distance of rive Hundred (500) feet to the place of beginning, Together with-all right, title and interest,. if any, in and to the land now or formerly , of The New York; New Haven and Hartford, Railroad Company adjoining the premises on the.. westerly side ther-toL OWNER OF RECORD: NM Realty Corporation Dated at South Windsor,Connecticut this l6th day of September 2011. QY\ � Ah Steph Wagner,ChaYpersofi PUBLIC ACT#75-317 Received for Record this day of 2011 at VOLUME PAGE TOWN CLERK (Page 2 of 2) Volume 409 Page N4 106 EXHIBIT A - - A certain piece or parcel of land, with all the buildings and •' �- . Improvements thereon, situated within said Town, County and State _ �tQown. as No. 85 Nutmeg Road, and being more particularly bounded _ abd described as follows: - - certain piece; parcel- or tract of land,. together with the aildings and improvements thereon, situated in.the Town of South -Windsor, County of Hartford and State of Connecticut, on the east ' 1 �• - side of the highway known as Route 45, being the southerly most fjve hundred (500) feet described- on a certain survey entitled {{` 'Property to be conveyed to Hartwood, Inc. Nutmeg Road, South 960- r. Perry Close, Civil Windsor, Conn. Scale 1" - 100' December 1 £ Engineer", which survey is on file in the office of the Town Clerk _ !! (( of South Windsor, as the map numbered 446A, reference thereto 3` ' being had. _ - r -said premises are further bounded and described as follows: - - Beginning at a point in the west line of Nutmeg Road, which. point ` is the northeast corner of land now or formerly Of Hartmor, Inc.; m thence.running westarIy in a line at right angles to Nutmeg Road, Three Hundred Fifty (350) feet to land now or formerly of The New York, New Haven 'r4 Atartford Railroad Companyl thence running f ` northerly along theeast boundary of land now or formerly of said F Railroad a distance of Five Hundred (SOOY feet; running thence .- easterly in a line" at right angles to the said east boundary of -• land now or formerly of said Railroad a distance of Three Hundred . Fifty (350) feet; thence running southerly along the westerly dine of Nutmeg Road, a'distance of Five Hundred (500) feat to the place - r of beginning. Together with all right, title and interest, if any, in and to the t land now or formerly of The New York, New Haven and Hartford.. Railroad Company adjoining the premises on the westerly- side thereof. - - - .. LO Being the same premises conveyed to Olivetti New Properties, N.w. - by -deed of Olivetti Corporation formerly Olivetti Underwood---_ < Corporation, dated December 22, 1980 and recorded December. 21, . ` 1080 at Volume 293,-Page 199 of the South Windsor Land Records.- y ,Said.premises is subject to the following encumbcances:. - _ 1. Taxes due the Town of South Windsor an the List of October 1, t' 1984, not yet due'and_ payable. 2.: Restrictive covenants -contained in a deed from The H.O. ` Realty Corporation to Hartwood, Inc. dated December 14, 1960 and recorded at Volume $I, Page 120 of the South Windsor Land Records.. ^� 3. The'designation of a portion of the subject premises as "> we tland as shown on a map entitled "official Inland Wetlands and o 'Watercourses Hap of - the Town of South Windsor, .Hartford -County,'--. j m Connecticut 198•", which map is on file.in the South Windsor Town - f " Clork's.Office,:. € u t5( 3 r . Book:409,Page:105