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HomeMy WebLinkAboutVariiance T 3 APPLICATION FOR TOWN 0P V3VTM RIRO30R oe corati.tTtoo, w.;� Filed Z81114 $$All 0® APPIA`S FM :�: -. . . . . . . . QMPORTA.STs This application Bust be submitted to the Planning Department by the seconbide' of the preceding month to insure being Receipt No. heard at the neat meeting. .ALL ITIM MUST BE ANSWIM AND ALL SUPPLEMENTS MUST BE SUNaTTED. TSE APPLICATION WILL BI I? INCO�'LA"1'E. - The application and supplements must be filed in - The application must be typevritten or printed in ink. A Class D or better survey of the property in question must be submitted with the application shoving streets, lot lines, building linen, 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 gust be submitted with the application. This description can be obtained from mortgage records- - The sign purchased from the Planning Departmenc must be displayed on the property at least LAW 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 tlae,-data and place of the hearing will be advised by mail. - Inquiries on this application may be directed to the Planning Department or Building Departmo at the South Windsor Town Ball. ApyLICADPr Richard L. Tonucci. ?SAIL=G ADDRESS 3 Glen Hollow Drive, Farmington, CT 06085 OWNER OF RECORD OF PROpt= IN QUE3TI01l1 E idio Tonucci LOCATION OF PROPERTY 0 QUESTION East Side of Ellington Road „Par RQ„tA_ 5 ZONE OF PROPERTY IN QUESTION General Commercial Zone CHECK ONE OF THE FOLLOWING: I� REQUEST VARIANCE To SECTION 5.2 OF TBE ZONLV, REGULATIONS TO ALLOW batting cages which encroach on front and' rear build" OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR OR TEMPORARY ND CONDITIONAL PERMIT FOR ;� OR. AN APPEAL FROM THE ZONING OFFICER'S DECISI03i LWOLVTNG t � t ' . 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 chars any liquor outlets within the restricted area? No (If yes, submit a list of the liquor outlets, their locations and distances from the prop* in question.) Is thSs property within 500 feet of another town line? Yes State clearly the unusual hardship or exceptional difficulty that prompts this applicatior and indicate why other options are unacceptable. (Use a separate sheet of paper if necess As a result of the configuration of the property, existing structures and the railroad right of way, this property is not suitable for the ;nsf-allafinn of f-ln batting cages which I believe wil•1 be beneficial to the Town of Snrnith Winrlcnr and will constitute an enhancement of the property. Dated this 24th day of January 1989 , AMICANT: r (Signacurs) Richard Tonu'c i. OWNER: AJIA �"A"RT9 by: John J. Wood c ck, I I, Attorne r gi io Tonucci ACTION OF THIC BOARD at do meeting hold as . . . . . . . . . . . . . . . . DENIED . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . ,� . ': . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .�J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .` .,� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '11) W110"'Flil'StAIRESENTS SIIALL COME. GREEFING. .1. PEOPLE I'() A I N.K ()W Yl:. l'll;Ij 1. EGID10 TONUCCI, U1892 01' the Town of West Hartford, County of Hartford, and -Ind State ol' ('onnecticut. kir the consideration of ONE DOLLAR ($1.00) and other pill)([ and %aluah1c.consideratioris, received to 111v I'till siltisfilclij)II of GRACE TONUCCI of said do rernise, release and forever QI)1'1'('I.AIM unto the said GRACE TONUCCI and nivscll'. the said EGIDIO TONUCCI as Grantees. and to the survivor of us. and (lie lieil'S Lind assigns of such survivor forever. all the right. title. interest. chlim and demand whatsoever as I the said Grantor litive or ought to linve in or to **AMMA24A,W)t( three certain pieces or parcels of land located in the Town. of South Windsor, County of Hartford, and State of Connecticut, more particularly bounded and described as followsi FIRST PIECE A certain piece or parcel of land with the improvements thereon, situatou on the east side of Ellington Road in said Town of South Windsor and more par- tioularly bounded and described.as followas Beginning at an old morostono on the cast highway line of Ellington Road marking the northwest corner of land now or formerly of Arthur E. and Agnes C. Spielman, and the southwest corner of the land herein des. cribed; said morostono is also sot about 614 foot, more or loss, north of the boundatono at the intersection of Burnham Street and Ellington Road, marking the East Hartford - South Windsor Town line; thence runriing north along the cast highway line of said Ellington Road, passing through a Connoctiout Highway Dopartment morostono 58.56 foot north of the point of beginning, a total distance of 250 foot to a morostone marking the south- west corner of remaining land aLdLtz now or formerly of Karl H. and Emily R. Rockwell, and the northwest corner of the land herein described; thence turning an interior angle of 106 331 15" and running cast along remaining land now or fonnerly of said Rockwells, a distance of 115.30 feet to an iron pipe sot in the went line of the right of way of The New York, Now Haven and Hartford•Railroad Company marking the southeast cornox of remaining land now or formerly of said Rockwolls and the northeast cor- ner of the land herein described; thence turning an interior angle of 68 33150" and running south along the west line of said right of way, a distance of 225.80 feet to a marostone marking the northeast corner of land now or formerly of said Spiclmana and the southeast cornor of the land heroin described; thence turning an interior angle of 95 49' 40" and running west along land now or formerly of said Spiolmans, a distance of 181.40 feet to/the merestono marking the point or place of beginning; the interior angle at the point of beginning being 69 03' 15"; said piece containing about 34,000 square feet of land, more or lose. Said piece is the same conveyed to the grantee herein by deed recorded in said Land Records in Vol. 100, at page 536. SECOND PIECE A certain piece or parcel of land with the improvements thereon, situated on the easterly side of Ellington Road in the Town of South Windsor, County of Hartford, and State of Connecticut, more particularly bounded and described as follower North - by other land now or formerly of Karl H. Rockwell, one hundred ton and esventy-six one-hundredths (110.76) feet; East - by land now or formerly of Now York, New Haven and Hartford Rail- road Company, eight (8) feet; LOUIS J. RULNICK South - by land now or formerly of M. Theresa P. Hopleyp one hundred ATTORNEY AT LAW fifteen and thirty one-hundredths (115-30) feet; and PRO'?r STARRY HAWrOMS,cormaamUY West - by Ellington Road, eighteen (IQ foe N ttbveyance Tax collected Cfejjf' pLAhW(nMVr I Volume 197 Page N° 62 -- ---zaia piece is Lae same as anown on a map on file in said-Land Records,—known as "Property of Karl Rockwell to be conveyed to Camille Torza South Windsor, UUUO Conn., Scale 1" - 201 Feb. 21,1964 Cecil W. Brooks, Land Surveyor." THIRD PIECE ( ' A certain piece or parcel of land with the improvements thereon, situated on the easterly side of and known as No. 83 Ellington Road in the Tam of South Windsor, County of-Hartford, and State of Connecticut, more particularly boun- dad and described as followas i North - by land now or formerly of Helen C. Berglund; East - by land now or formerly of the New York, New Haven and Hartford lailroad Company; South-by land now or formerly of Camille Torza, one hundred ten and i seventy-six one hundredths (110.76) festj and 1 West - by Ellington Road. Being all and the same premises conveyed to the Grantor herein by the Grantee herein by Warrantee Dood of even date herogith. t! Said promises arc subject to a right of way as of record may appear and to a I one yoar lease to terminato on or about October 1, 1975. TO HAVE AND TO HOLD the premises, with all the appurtenances, unto us the said Grantees. ( and unto the survivor of us,and such survivor's heirs and assigns forever. r IN WITNESS WHEREOF, i l -- ` i have hereunto set my hand and seal this 14th day of August, 1975 Signed, sealed and Delivered in the presence of ....C �Char �. �..�.y1il,- 1�.................. .�a Qa t...............(L.S.) les t;. Mol�er, Jr. E i i �Tonucci i :.•••. `. .yc <<;l`«G . ............... ....g............................................................(I..S.) Louis J.Rulnick ..................................................................(L.S.) ........................................................................... ...................................................................(L.S.) STATE OF CONNECTICUT ss Hartford, August 14, 1975 COUNTY OF HARTFORD On this 14th day of August 19 75, before me the undersigned officer, personally appeared Egidio Tonucci known to me i! (or satisfactorily proven) to be the person whose name is/aFe subscribed to the within instrument and acknowledged that he/s#71"7sf executed the same for the purposes therein ! e' contained. ' In Witness Whereof I hereunto set my hand. Grantees'Acldress: 0 it a e i n S�:/��✓It�r?. lV otnr r-p �1+c — 3 Commissioner of the Superior Court •„......•„ Received For Record ,c August 18, 1975 at 8:38 am Charles Enes Town Clerk a t:2. 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'.Y•. - -.�• •+�� 2 _. a.�I4,' MARCH 2, 1989 RICHARD L. TONUCCI: ZBA APPLICATION; (75 (east side) ELLINGTON ROAD) 1. G C Zone: Has been used as a miniature golf course and ice cream stand for at least 35 years; applicant's family has owned it for at least 13 years. 2. We intend to take down the rather unsightly barns or sheds which are between the house and the golf course (see photograph) and put in that location a 4-stall baseball batting cage as shown on the map. There would be a walk-way behind the cage for the patrons to enter. This is back near the railroad tracks; they would bat in the stalls marked 1,2, 3 and 4 hitting the balls hopefully straight out but it will all be fenced in by a chain link fence around the entire area with some sort of a mesh covering on top. 3. Because of the configuration I,T Lhe lot, this is the onlyplace this can be put. We do not need a variance on what appears to be the rear where the railroad tracks are because that is really the side. Being a triangular piece it has a front and two sides. There is no rear yard, and it does meet the side yard requirement which is 10 feet. We are seeking a variance of the front building line requirement of 50 feet. The closest point or corner of the batting cage is 15 feet from the street right-of-way instead of the required 50 feet for the building line from the right-of-way so we are seeking•a variance of 35 feet of the front building line requirement. I might note that from Ellington Road itself the distance is approximately 30 feet from Ellington Road back to the edge of the batting cage. 4. We will be tearing down the sheds or barns which are an eye-sore now, and this will certainly improve the aesthetics of the property. r 5. My client is hoping to make arrangements with South Windsor High School and other local organizations to utilize this batting cage; something like this is not easily available to them at this point, so,in granting this variance, the result would be an improvement or an addition to community available facilities. My client wants to work with the youths LAW OFFICES in this Town. RICMARD M.RITTENBAND 1734 ELLINGTON LOAD 6. Quoting now from Marcia Banach, the Town's Planning Director, with her SOUTH WINDSOR.CONN 06074 permission "When you apply the building lines to this property consider- ing the way it is shaped, there is very little building area. This is (203)644.2456 JURISNO50412 one of the classic cases for which variances were intended; a triangular piece with a railroad on one side and a road on the other (front)". 7. Fuss & O'Neill is preparing a site plan to be submitted to Planning & Zoning if the variance is granted. 8. There is precedent in this area. Lucian's Restaurant across Ellington Road was granted a building line variance in order to expand as was the Mobil Station so it could add covered islands for its gas pumps. i 9. Based upon the improved p p appearance of the property that would result, the additional sports facility available to the community, and the fact that there is a hardship in that we cannot utilize this area because of the configuration of the property for this purpose without going over the front building line, I ask that the Board consider this application favorably. _ l MARCH 2, 1989 RICHARD L. TONUCCI: ZBA APPLICATION; (75 (east side) ELLINGTON ROAD) 1. G C Zone: Has been used as a miniature golf course and ice cream stand for at least 35 years; applicant's family has owned it for at least 13 years. i 2. We intend to take down the rather unsightly barns or sheds which are between the house and the golf course (see photograph) and put in that location a 4-stall baseball batting cage as shown on the map. There would be a walk-way behind the cage for the patrons to enter. This is back near the railroad tracks; they would bat in the stalls marked 1,2, 3 and 4 hitting the balls hopefully straight out but it will all be fenced in by a chain link fence around the entire area with some sort of a mesh covering on top. 3. Because of the configuration of the lot, this is the only place this can be put. We do not need a variance on what appears to be the rear where the railroad tracks are because that is really the side. Being a triangular piece it has a front and two sides. There is no rear yard, and it does meet the side yard requirement which is 10 feet. We are seeking a variance of the front building line requirement of 50 feet. The closest point or corner of the batting cage is 15 feet from the street right-of-way instead of the required 50 feet for the building line from the right-of-way so we are seeking•a variance of 35 feet of the front building line requirement. I might note that from Ellington Road itself the distance is approximately 30 feet from Ellington Road back to the edge of the batting cage. 4. We will be tearing down the sheds or barns which are .an eye-sor.e now, and this will certainly improve the aesthetics of the property. r 5. My client is"hoping 'to make arrangements with South Windsor High School and other local organizations to utilize this batting cage; something like this is not easily available to them at this point, so,in granting this variance, the result would be an improvement or an addition to community available facilities. My client wants to work with the youths LAW OFFICES in this Town. - RICHARD M.RITTENBAND I 1 734 EL LINGiON 1I0A0 6. Quoting now from Marcia Banach, the Town's Planning Director, with her SOUTH WINDSOR.CONN 06074 permission "When you apply the building lines to this property consider- (203)644-2456 ing the way it is shaped, there is very little building area. This is ' JURIS NO 50412 one of the classic cases for which variances were intended; a triangular piece with a railroad on one side and a road on the other (front)". 7. Fuss & O'Neill is preparing a site plan to be submitted to Planning & Zoning if the variance is granted. ' 8. There is precedent in this area. Lucian's Restaurant across Ellington Road was granted a building line variance in order to expand as was the Mobil Station so it could add covered islands for .its gas pumps. 9. Based upon the improved appearance of the property that would result, the additional sports facility available to the community, and the fact that there is a hardship in that we cannot utilize this area because of the configuration of the property for this purpose without going over the front building line, I ask that the Board consider this application favorably. �taWX "4< C I 9 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 OR-CO AREA CODE 203/644-2511 March 3, 1989 C E R T I F I E D M A I L Richard L. Tonucci 3 Glen Hollow Road Farmington, CT 06085 ReferencLe: Application #1852-89, Fairways Dear Mr. Tonucci: At the meeting of the Zoning Board of Appeals held on March 2, 1989, a variance was granted to Section 5 . 2 of the Zoning Regulations to allow batting cages which encroach 35 feet into the front building line on property located on the east side of Ellington road, near Route 5, GC zone. The hardship displayed is the shape of the lot. It must be possible to see through the batting cage itself . This permit is valid upon site plan approval from Planning & Zoning. This action is effective March 17, 1989 and upon your filing of the enclosed form in the Town Clerk's office at your own expense. Very truly yours, Thomas Murrin, Acting Chairman Zoning Board of Appeals , TM/pmm Enclosure: I, THOMAS MURRIN - VICE CHAIEIVERSOD of the South Windsor Zoning Board of Appeals , hereby certify that on March 2, 1989 , :the Zoning Board of Appeals ranted to Richard L. Tonnucci, 3 Glen Hollow Drive, Farmington, CT 06085 g 5.21 a variance to Section of the Zoning Regulations to allow batting cages which encroach 35 feet into the ` front building line on property located on the east side of Ellington Road, Ellington Road near Route 5 GC Zone on premises located at and mere narticularly hetinrloA ��''. 4.escribed as follows : FIRST PIGCR A certain picco or parcel of land with the improvements thereon, situatou Volume 197 Page N4 62 on the east aide r Ellington Road in said Town of South Windsor and more par- ticularlybounded Doginnine at an old morostono on the oast highway line of Ellington Road marking the northwest corner of land now or formorly of Arthur E. place ie toe esme as snown an a map on rile in said Land Recorder knawa and Agnes C. Spielman, end the southwest corner of the land here north doo- II as -Property of Karl Rockwell to be conveyed to Camille Torza South Windsor, and said morostano is also oat about corner feet, more or loos, north of O Conn., Scale 1" - 20' Feb. 21,1964 Cecil W. Brooks, Land Surveyor." the boundstono at the intorcection of Burnham Street and Ellingtoce neRoads THIRD PIECE marking the East Hartford - South Windsor Trnm line; alone the oast highway lino of said Ellington Road, passing through a A certain piece or parcel of land with the improvementa thereon, situate Connecticut aHtotal�diotanceent mareatone of 2$0 foot to8a$morestonermarking the thepoint oouthr on the certain aide of and known as No. 83 Ellington Road in the Tam of South' beginning, Windsor, County of Hartford, and State of Connecticut, more particularly boun- west corner of remaining land a"Lax now or formerly of Karl H. and Emily dad and described as follower R. Rockwell, and the nortln,cat corner of the land aheroidescribed;olong thence turning an interior angle of 106 33 5 North -by land now or formerly of Helen C. Berglund; remaining land now or fornerly of said Rockwelle, a distance ooflThe Now foot to an iron pipe sot in the went lino of the right of way East -by land now or formerly of the New York, New Haven and York, Now Haven and Hartford.Railroad Company mnrkiag the southeast corns Hartford Railroad Company; of remaining land now or formerly of said Rockwoturning an and the northeast car South-by land now or formerly of Camille Torza, one hundred ten and ner of the land herein described; thence turning an interior one of 88 33'$G" and running south along the west line of said right of way, a seventy-six one hundredthe (110.76) foot; and distance of 225.80 foot to a marostone marking the northeast corner of of the land now or formerly of said Spiolmanean interiord the uangletof 95 corner49' 40" West -by Ellington Road. land heroin described; thence turning of said Spialnwna, a distance and running west along land now or formorly of 181.40 feet to�the morestone marking the point or place ofsbeeai g, Being all and the same premises convoyed to the Grantor herein by the Gran a herein by Warrantee Dead of even date hermgith. the interior angle at the point of beginning feet of landg more0or lean. ` piece containing about 34, 9 Said oremi­ Said piece is the same Conveyed to the grantee herein by deed recorded, 0 1$52 TOWN` OF SO k WINDSOR ZONING BOARD ,OFPPEALS Received from _Riff r aye x_Farm-a-n--�t--o--n-----s-----------0 60--8 5--- -----------------.......... ------------------------- of 01.en._H,Q j,ow Dollars fee for a hearing before the Zoning Board of Appeals. $ 5-©D variance__to _section.5 2 of application number ....1B5. _- � -----------,for -- This hearing is to cover app' __lations to allow baton ca es which__encroach on__runt a___- and 5' variance - --- -- rEar-_bui]d;L11.*----nos.--- ------------------- IO February ---------------------- 1'9-----• 89 Dated at South Windsor,Conn.,this........................day of ------ -- --------------------- Signed.. -------------- -------------- SECRETARY