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Home My WebLink AboutVariance - denied (10) aCI Fee - APPLICATION FOR Receipt No. ZF6 y- TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS IMPORTANT: 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 MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. The application and supplements must be filed in duplicate. 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 10 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: Ro 6e A C. + Carol 1 V . Hafck MAILING ADDRESS 1090 f 1 Very 8+f-eC_+ ScSc,► 6 W;YXA50P OWNER OF RECORD OF PROPERTY IN QUESTION e.r 1 . w Qi (2a no( �J. LOCATION OF PROPERTY IN QUESTION_ 10190 ' `'Jed`7 Si reel, B. W%_t450,`, o. ZONE OF PROPERTY IN QUESTION RR CHECK ONE OF THE FOLLOWING: Request Variance to Section �.��I •/ of the Zoning Regulations to allow or state hearing under Section of the General Statutes for ❑ or temporary and conditional permit for aor an appeal from the Zoning Officer's decision involving r � Is applicant a corporation or co-partnership? (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is_.the applicant owner, lessee, or prospective tenant? Are there any liquor outlets within the restricted area? (If yea, 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? 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) . Dated this___� _day of -AdkXek Year Telephone # APPLICANT: l&�te /L �� (Signature) OWNER: 5't"� /L (Signature) ACTION OF THE BOARD GRANTED Q) DENIED '"� ; r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ . . .r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..`. . :. . . . . . . . . . .. . . . . . . . . . . . . .. ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . f ` t Volume 234' Page, NY 245 SECOND PIECE: Being a certain piece or parcel of rear land situated on a eas erly side of Avery Street in the said Town of South Windsor, more particularly bounded and described as follows, to wit: NORTH: by land now or formerly of Helen Gulley; EAST: by land now or formerly of Benedict Kupchunos at al; SOUTH: by land now or formerly of Davis H. Lane, at all and land now or formerly of Homer D. Lane, partly by each; and WEST: by land now or formerly of Frank T. Visgilio, Jr. at all The westerly line of said premises described herein is located three . hundred twenty-five (325) feet easterly from Avery Street and is three hundred twenty-five (325) feet east from the parallel to said Avery Street. _ THIRD PIECE: Being a certain piece or parcel of land, with all mprovements thereon, located in said Town of South Windsor, on the easterly side of Avery Street, so-called, and more particularly bounded and described as follows, to wit: _ t Commencing at a point narked by an iron pipe set in the east boundary �I of Avery Street, w;.ich point markd the southwest corner of premises owned now or formerly by Clinton B. Buckland; thence moving east along _ the south boundary of said Buckland's land, a distance of thirty-three and sixty-six one-hundredths (33.66) feet to a merestone; thence continuing east along the south boundary of said Buckland's land, a ! distance of three hundred sixty-six and eighty-nine one-hundredths (366.89) feet to a point; thence continuing east at an interior angle of 180002126", a distance of one hundred ninety-nine and forty-five one-hundredths (199.45) feet to a points thence moving south along othe y land of Homer D. Lane at an interior angle of 900, a distance of two r hundred seventy and fifty-one one-hundredths (270.51) feet to a points l thence moving west at an interior angle of 98146145", a distance of _. six hundred seventy-five and fift}-four one-hundredths (675.54) feet to� a point marked by an iron pipe set in the east boundary of said Avery `s ' Street; thence moving north along the east boundary of said Avery Stree and at an interior angle of 70048152" a distance �f ninety-two and sixty-four one-hundredths (92.64) feet to an iron piper thence ?+ continuing north along the east boundary of said Avery Street, a ;r distance of two hundred eighty-seven and fifty-two one-hundredths (287.52) feet to the poifit and place of beginning. The last described bound makes an interior angle with the first described bound of 100021157". Said premises above are conveyed subject to building, building line 1 and zoning restrictions of the Town of South Windsor; subject to a on the Grand pole easement as of record appearsl and subject to taxes Lists of October 1, 1976 and October 1, 1977, payable to the Town of } South Windsor, which taxes the Grantees herein assume and agree to pay ` as part consideration for this dead. 2. ^t r Volume 234 Page N? 244 , ._`_ I •`«--•. ---•'---_+.---•—.-J.--..•------ ' CI••wl••J lqd 61•n4 S•rvle•,Iwo �p — WARRAN79E DEED (Slwiv-aMP) No. 114M M•nEwd.C....•11.u1 To all People to whom.these Presents shall come, Greeting: j 03273 �1 t L1 KNOW YE, THAT DAVIS H. LANE and SANDRA E. LANE, both of the Town ' of South Windsor, County of Hartford and State of Connecticut ; t 1 E for the consideration of NINETY SEVEN THOUSAND FIVE HUNDRED ($97,500.00) DOLLARS L t received to their full satisfaction of ROBERT C. HATCH and CAROL N. HATCH, both of the said Town of South Windsor } 1 Conv �anco Tax rcrelvF1� 1'rwn Clary :i :10.:Lh W'..,"r do give, grant, bargain, sell and confirm unto the said ROBERT C. HATCH and f CAROL N. HATCH k - and the survivor of them, and the heirs and assigns of the survivor of them forever acxsnt>zio f All those three certain pieces or parcels of land with all improvements j thereon located in the Town of South Windsor, County of Hartford and State of Connecticut,.easterly of Avery Street so called, being more ( particularly bounded and described as follows,. to wit: I FIRST PIECE: Commencing at a point set in the east boundary of Avery I Street so called, which point marks the northwesterly corner of premise owned now or formerly by Stephen T. Foran and Nikki L. Foran; thence moving north along the east boundary of said Avery Street, a distance o approximately fourteen and eighty one-hundredths (14.80) feet to a point which marks the southwest corner of the third piece hereinafter described; thence turning at an interior angle of 109.11108" and runnin along the southerly line of said third piece hereinafter described, a distance of six hundred seventy-five and fifty-four one-hundredths (675.54) feet to an iron pin marking the southeasterly corner of said I other land of the third piece hereinafter described; thence turning at an interior angle 261113115" and running northerly along the easterly line of said third piece hereinafter described, a distance of two I i hundred seventy and fifty-one one-hundredths (270.51) feet to a point i set in the southerly line of land owned now or formerly by Clinton B. Buckland, marking the northwesterly corner of the premises herein described; thence turning at an interior angle 900 and running along f the said southerly line of land owned now or formerly by said Clinton 47) B. Buckland, a distanco of fifty and forty-seven one-hundredths (50.ng feet to an iron pipe; thence continuing in an easterly direction along the southerly line of land owned now or formerly by Clinton B. Buckland, a distance of six hundred nineteen and forty-eight one-hundredths i (619.48) feet to an iron pipe marking the northeasterly corner of the premises herein dascribed, which iron pipe is situated in the westerly line of land now or formerlyowned by American Sumatra Tobacco Corporation; thence turning at an interior angle of 801541450 and running southerly a distance of one hundred seventy-four and sixty one- 1 hundredths (174.60) feet along the westerly line of land owned now or �. formerly by American Sumatra Tobacco Corporation to an iron pipe; thene ( . continuing in a southerly direction along the westerly line of land t .j- owned now or formerly by American Sumatra Tobacco Corporation; a distance of approximately three hundred thirty-two and twenty-nine one- } , hundredths (332.291 feet to a point which marks the northeast corner of said premises owned now or formerly by Stephen T. Foran and Nikki L. Foran; thence moving N 85.461420 W along the northerly boundary of said - premises owned now or formerly by said Foran's, a distance of seven hundred fifty (750) feet to a point; thence continuing N 85.46142" W along the northerly boundary of said premises owned now or formerly by said Foran's, a distance of approximately five hundred nineteen (519)olo I ' feet to a point set in the easterly boundary of said Avery Street, e- which point is the point and place of beginning. r + I t . t March 14, 1989 To Whom It May Concern : I , Jean-Marc Jacques , President of JMJ Construction Co . , Inc . , do hereby warrant and guarantee Robert C . & Carol N . Hatch of 1080 Avery St . , South Windsor , CT that I will provide legal access to their property. Said access shall be for the purpose of constructing a residential dwelling with said access being located on the Eastern border and In the Northeast quadrant of the Hatch property. SS'ct'd riccczs Sha// aF Zan "vl /07 `4�/3 a•Id ptez-"n Aor"-1`/4 a-nd ska1/ "1ot" A"cs"/Z 'ih me /das Q Dated : LZ J./ M. J. Construction C-6 . , Inc . President AVERY STREET 23 QUAIL iO 2� o °5 -P v J 2 D A m � - `yA' C 18 \ 17 y9 yD 161 P1-IA E D ■M��■ 1 ty1 � 'q7 981 49) 52 (w) PHEASANT WAY G) i i 1 I PARTRIDGE ENE _ _ I 2 c. AC rz c m tizTRiD E MEA 0N F��,, Ik, y % F �.N`AG c— LOT IZE�2; t2O 11�/ ` -ro wE RED/ifEG v./ITF1 ,22� 1 I �'3d ZC�NEI I I i 25� -q Go►.t�%Tr u�T O�, Gc. \pF,0FC),-- cD LCT H � W �- ,I, >:C� ZONE �i,; *�° ,; 'c -�� •tS 3� "per: ,ice _ R F y �I 37, tv AP .13 W. Al n. x '4 n 1 g S ' 1 � � J 2�t• .�Y� � 4 L, iii � ..._• �i ITS R f... C0 :i•i � R.h S.h. ,.* '� i'.n � t '��•� `� � � 3a; ��yy _ T� { OMA ff-. { tY ,- P =R&L REQUIMMMS (cont'd. 3 .13.1 (continued) b. Will not have a vehicular entrance or exit located within 500 feet measured along a public street from any entrance tos 1. Any school giving regular instructions , at least five days a week, eight months or more per year. 2. Any hospital maintaining at least fifteen beds for patients. 3. A church or theater with total legal capacity of at least 300 persons. 4. A public library or public playground or park. c. will not increase- or create a traffic or fire hazard, or depreciate the value of neighborhood property, or alter the neighborhood's essential character or otherwise be detrimental to the neighborhood. No premises on which such garage °rlcapttby ancaretaker aor shall be used for residential purposes ea watchman who resides thereon; and no motor vehicle unregistaredN or registered to the dealer may be stored or parked nearer to the street than the building and repair lXcept as operationalowed shallibeS�t�ed 8.7.4, and all mechanical on within a building. 3. 14 Rear Dwellings Restricted 3. 14. 1 Except for accessory buildings, no building shall be erected or altered or used for residential t t have the required lot purposes that does no area and the required lot frontage on a street for each building. Permitted accessory buildings may be used for housing o t gdomestics esthe cinand nonpaying guests of the occupant building. 3 .15 Co mmercial and I dustrial Stores e Storage,display, dumping or disposal of any 3 . 15.1 material outside of a building is prohibited if such storage, display, dumping or disposal „ is visible from any public way, street, or :. passage , but any such storage, display, dumping or dispasa,l shall be subject to approval by the Planning and Zoning Commission to insure the character of the area is not destroyed. � � \ \ � � � \� � � � � � '' \� ° � � � � � � . � � , � � � s � � _` � � � � � � � � A. � � � '� � � � � �, � �� .� � � � � � �� J � � � � \ \� � � � � � � � �� \ D., � �` � � � � ,, � � � � � � i � � � � \ � � � � �� `I � �� \ \ � � � � \\ � � � �� 1 � �� ' �� V w � � '1 � Zoning Board of Appeals May 4, 1989 My name is Robert Hatch and I reside at 1080 Avery Street, So. Windsor, CT. My wife Carol , and I, are appealing to the Zoning Board of Appeals to permit a variance to Zoning Regulations paragraphs 3.14.1 (Rear Dwellings Restricted) and/or 5.2.3 (re Frontage) . Specifically we request to be allowed to create a rear lot a� shown on the provided map co2sisting of approximately 5 acres or 200,000 ft (as opposed to the 80,000 ft noted) and using a legal right of way as provided by JMJ Construction and as also noted on the provided map. The requested lot would be used for the purpose of building a private residence. According to Zoning Regulation paragraph 11.4.1 (b) the Zoning Board of Appeals may grant a special exception when in its judgement the public convenience and welfare will be substantially served and the appropriate use of neighboring property will not be substantially or permanently injured. Addressing public welfare, I submit that subdividing this property into two large Rural Residential lots will serve the general public by increasing the tax base through the addition of an appropriate sized and priced house. This would result in approximately $3,500 per year taxes paid to the town. With regard to substantially or permanently injuring neighboring property, I submit that approval of our requested variance will do just the opposite as follows: RR zoning permits such activities as raising of swine for domestic use (4.1.3) , raising and slaughtering of livestock and poultry (4.1.4c) , cemetery use (4.1.8b) , sanatorium or convalescent home (4.1.8f) , fourteen horses (4.1.9b) , truck gardening or agriculture. (As a side note, the latter most innocuous use results in the spreading of liquified cow manure several times a year) . I have personally been approached to sell my property to a heavy equipment contractor which may also be a legal use for RR property. I submit that our parcel of land is no longer suitable - and would be vigorously contested - for many, if not, most RRZ allowed purposes as stated above. Planning and Zoning has approved A-20 open space to the West, A-30 to North and East with ongoing building negotiations to the South for additional development. I further submit that subdividing this property into two large RR residential lots substantially benefits all neighboring property by further reducing the possibility of approvable, but undesired, uses. We would also like to appeal for this variance based upon hardships. It has been our plan to further utilize property at 1080 Avery Street for future retirement assistance. We now find the land drastically devalued due to the approved JMJ subdivision which leaves no access save from Avery Street or that R.O.W. provided by J.M.J. The property to North and East (currently Partridge Meadow) was at various times considered for development by T & M, LaCava, and U & R prior to proceeding with JMJ. Mike Jacques, President of JMJ, until two month ago had continually stated his intention to buy a portion of our property to combine with Partridge Meadow and/or permit access to property to the South. Page 2 This verbal agreement has fallen through, apparently due to the declining housing market. It leaves us with no access alternative save the proposed R.O.W. Obviously, financial hardship is involved. Additionally, within a few years, I will be physically limited to one floor living. My current home with all second floor bedrooms will no longer be appropriate. Since I have lived in So. Windsor for twenty-six years, I prefer to remain in this town. This objective can best and most economically be achieved by building on the proposed site at the rear (Northeast) of my current property. In summary, I find only positive impact caused to the neighborhood and to the town by allowing the requested variance. Hopefully you will agree with our assessment and find in our favor. Robert C. Hatch Caroq Hatch Y SAWN Sf, A. T' 4 C ~ UTlIaWn 071 s 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 �aSOR-CO AREA CODE 203/644-2511 May 16, 1989 C E R T I F I E D M A I L Carol N. & Robert C. Hatch 1080 Avery Street South Windsor, CT 06074 RE: Application #1869-89 Dear Mr. & Mrs . Hatch: At the May 11, 1989, the Zoning Board of Appeals denied without prejudice your request for variance to Sections 5 . 2 and 3. 14 . 1 of the Zoning Regulations to allow the creation of a rear lot located at 1080 Avery Street, RR zone. No hardship was demonstrated. It was the consensus of the Commission that there were other alternatives to consider for development of this piece. They were concerned there was no frontage on any town road and that the boundary lines proposed had not been clearly shown on the map. Very truly your§., Richard H. Eriksson Chairman Zoning Board of Appeals RHE/pmm TOWN OF SOUTH WIN ,w ar ZONING BOARD Of APPEALS Received from .-_-_.Robert Carol Hatch ----- ----- 1080 Aver --------------- •. of -- ------- __ . ....... 35x010 Dollars fee for a hearing before the Zoning Board of Appeals. .this hearing is to cover application number...._-...._._.. -,fora _yarisnce to sect_o 1869-89 - - __3�14.1 of the zonnn re ------------------ ---- ._..__ .___ ______$-_-_._gulations_ to allow access to rear ro __ ----------- ----�'--- e---rt-1' -located__at------ 1080 Aver�r Street, South Windsor RR zone. --------------------------- Dated at South Windsor, Conn., this------- ----- do --------------Jura------------ --- Signe --- .... ..... --- - ---- j C4G SECRETARY