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HomeMy WebLinkAboutVariance - Denied (11) r llr_� Fee oD + Y APPLICATION FOR Receipt No. /93•�_ `� 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 16 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: JAMES NEARY MAILING ADDRESS 1015 ELLINGTON ROAD, So. WIINnSOR, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION ,TAMES & LOUISE NRARY LOCATION OF PROPERTY IN QUESTION 1015 ELLINGTON ROAD ZONE OF PROPERTY IN QUESTION A-20 CHECK ONE OF THE FOLLOWING: 5. a Request Variance to Section 3.14.1 of the Zoning Regulations to allow creation of X a rear lot. ❑ or state hearing under Section of the General Statutes for or temporary and conditional permit for F-1 or an appeal from the Zoning Officer's decision involving Is applicant a corporation or co-partnership? NO r (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? OWNEER 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) . IT IS A HARDSHIP BECAUSE OF THE SIZE OF THE PROPERTY WITH AN INSUFFICIENT AMOUNT OF FRONTAGE. THIS PROPERTY IS 7.2 ACRES WITH ONE HUNDRED FIFTY THREE FEET (153) FOR FRONTAGE. IT IS AN A-20 ZONE WHICH RFQUIRES ONE HUNDRED =7 (100) FOR FRONTAGE. THIS GIVES FIFTY THREE FEET (53) FOR ACCEISS TO A REAR LOT. PUTTING THE PRESENT HOUSE, ON SEVEN TENTHS (.7) OF AN ACRE WOULD LEAVE A SIX AND ONE HALF (6112) ACRE LOT. Dated this a of Year Telephone # 528-2435 111 APPLICANT: si nature) OWNER: (Signature) CTION OF THE BOARD GRANTED DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . NORTHEAST UTILITIES General Offices•Selden Street, Berlin, Connecticut THE CONNECTICUT LIGHT AND POWER COMPANY WESTERN MASSACHUSETTS ELECTRIC COMPANY P.O.BOX 270 HOLYOKE WATER POWER COMPANY HARTFORD,CONNECTICUT 06141-0270 NORTHEAST UTILITIES SERVICE COMPANY (203)665-5000 NORTHEAST NUCLEAR ENERGY COMPANY May 5, 1989 Rogin, Nassau, Caplan, Lassman and Hirtle City Place Hartford, CT 06103-3460 ATTENTION: Attorney Mark J. Lassman Dear Attorney Lassman: RE: Windsorville Junction-Rockville Transmission Line Right-of-Way 0-51.230C CL&P P/P #12581-F Contract #9915-11 Proposed Driveway, Dart Hill Road, South Windsor, CT The Connecticut Light and Power Company (CL&P), a subsidiary of Northeast Utilities Service Company (NUSCO), hereby grants permission to Shelley L. Pollack represented by Attorney Mark J. Lassman, to construct a driveway within the CL&P Co. right-of-way as shown on the plan entitled "Plan Prepared For Shelley L. Pollack, Dart Hill Road, South Windsor, Connecticut, Scale 1"=50'±, Date: Nov. 30, 1988, Sheet 1 of 1, under the following terms and conditions: 1) The existing grade is not changed by more than one foot (1 Ft±) . 2) To avoid clearance problems with the transmission lines all utilities to the proposed house must be underground. 3) Northeast Utilities will not be responsible for any damage the driveway may incur from the exercise of our rights within the right-of-way. 4) This permission shall not be construed to abridge the rights described in the easement deed to The Connecticut Light and Power Company from John Shuteran dated September 13, 1954, recorded in volume 50, Page 38 of the South Windsor Land Records. Care should be taken during construction, when in the area of energized electric wires, and that approved construction practices and safety precautions are followed. Attached is a copy of our guidelines for the operation of equipment within the right-of-way for your use. If you have any questions regarding this matter, please contact me at 634-5951 in Meriden. Very truly yours, Robert H. Bartley Real Estate Agent RHB/rf/1:42, Attachment cc: R. P. Cancelmo K. D. Rogers G. J. Lee S. J. Tolley W. C. Rashaw RE File: South Windsor #3 GPERAT/ON Of EQUIPMENT UNDER AND ADJACENT TO N•L/ LINES ON RIGHTS-OF-WAy (See Note /I F RATED CLEARANCE C OLTAGE SEE NOTE 2 ER 50KV 1o' 115 KV 15' 345 Me 20' 1 LOWEST LINE CONDUCTORS I OPERATION OF EQUIPMENT (See'Note 4) �C� OUTSIDE THE R/W • r J (See Note 3 ) TDEVEL OF LOWEST ADJACENT CON- UCTOR.OPERATION OF LIFT-BODY OR BOOM TYPE EQUIPMENT EXCAVATED MATERIAL BELOW THIS LEVEL PERMITTED. TEMP. STORAQE 3 MAX (SEE NOTE S) SEE C_ , (SEE NOTE S). j— , � la`/ /1.=/// //=//l W =ll AREA SUBJECT TO N.U. R/W c W NOTES I. PRIOR APPROVAL OF DEVELOPMENT ACTIVITY IN RIGHT-OF-WAY IS REQUIRED. 2. N.U. REQUIREMENT BASED ON OSHA STANDARD 1910.180 - OTHER STATE STANDARDS MAY ALSO APPLY. 3. OPERATION OF LIFT-BODY, BOOM-TYPE OR OTHER AERIAL EQUIPMENT OUTSIDE THE RIGHT-OF-WAY SHOULD RECOGNIZE THE EXISTENCE OF THE ADJACENT ENERGIZED CONDUCTORS. OPERATION SHOULD BE SUCH THAT CLEARANCE "C" WOULD BE MAINTAINED UNDER UNEXPECTED OR ACCIDENTAL CONDITIONS. ( le. CRANE OVERTURN) 4. ELEVATION OF CONDUCTORS MAY VARY FROM DAY-TO-DAY, EVEN HOUR-TO-HOUR DEPENDING UPON AIR TEMPERATURE AND LINE AMPERE LOADING. 5. EXCAVATED MATERIAL STORED TEMPORARILY UNDER THE LINE MAY NOT EXCEED 5 FEET ABOVE ORIGINAL GRADE. NO EQUIPMENT NOR VEHICLE OF ANY KIND. ALLOWED ON EXCAVATED MATERIAL ABOVE ORIGINAL GRADE. 6. 13'-6" MAXIMUM LEGAL OVER-THE-ROAD VEHICLE HEIGHT.OPERATION OF LIFT-BODY OR BOOM-TYPE EQUIPMENT PROHIBITED. � = NORTHEAST UTILITIES SERVICE CO. TITLE OPERATION OF EQUIPMENT ON N.U. R/GHTS-OF WAY n— - CHKD. R M APP.DATE3_�_�r DATE DATE MICROFILM DATE DWG. NO. P.A. • NO. 47 REVISION$ BY HK APP APP SCR•'. CK ELEC.CK. STRUC CK.MECH.CK. CONC. CK. H�nRL.(K ELEC. CKSTRUC. Ck. .. .AL FMq1nMMMS t 3 .13.1 (continued) b. Will not have a vehicular entrance or exit located within 500 feet madtalong a oublic street from any entrance 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 ervalue of neighborhood property, o neighborhood' s essential character or otherwise be detrimental to the neighborhood. or ,Io premises on which such garage or filling station is located shall be used for residential purposes except by a caretaker watchman who resides thereon; and no motor vehicle unX nearer d to e or registered to the dealer may be stored or P the street than the building line, except as allowed in Section 8.7.4, and all mchsuicsl and repair operations shall be carried on within a building. y. 3 i 4 :��•- Owes l; nzs Res"..;_vied Except for accessory buildings, no build i ng 3. 14.1 shall be erected or altered or used for residential ourroses that does not have the required lot area and the . e required Prmitted accessory buildings frontage for each buildingding for housing domestics and non-paying may be used ant of the principal guests of the occup building• 3 , 17 .. mmercial and industrial Storage i Storage , display, dumping or disposal of any 3 . -5.1 ,, a bui' ding is prohibited material outs o:' dumping or disposal if such storage , display, is visible _'rnm any public way, street, or passage , but aaLy sucT stor3 display, dumping val by subject to approo�ission to insure the Planing and Zoning t:ie character of t:+3 arsa is not destroyed. l Volume 212 Page N° 319 QUIT-CLAIM DSBD Na 136(10 P6) ..dend L�o�l 61�n1,S�rvle�,lea I Nanlmd.Cenme'ldt � - Know All Men by These Presents 01983 THAT I, JAMES NEARY, o6 the Town o6 East HaAt6ord, County o6 HaAt6ord and State o6 Connecticut ! of for divers good causes and considerations thereunto moving,especially for One ($1.00) OOt OA { at and otheA vatuabte eon6.cdenation,6 received to my full satisfaction of LOUISE C. NEARY, o6 .the Town o6 Eaet � Hart6ord, County o6 HaAt6ord and State o6 Connecticut ha ve remised, released, and forever quit-claimed, and do by then presents, for myaet6 and heirs, justly and absolutely remise,release,and forever 1 6 =; QUIT-CLAIM unto the said LOUISE C. NEARY and heA heirs and assigns forever,all such right and title as I the said JAMES NEARY have or ought to have in or to att that ceJrtain piece or paAcef: o6 tand with .the buitd- � .ing6 and of a otheA .emprovementa thereon and the appwtenaneea theheto, 6ituated in the Town o6 South W.endaor, County o6 HaAt6ord and State o6 Connecti•eut known as Noa. 1005 and 1019 Wington Road and being more panti.eufaALy bounded and de.6eAEbed as 6ottow6: NORTH : by land now or 60rmehty 06 E6thea PeCton and Sytvia H. Hotden, paAtfy by each; EAST : by tand now or 6onmerty o6 Sytvia H. Hotden; j SOUTH : b Land now or orm y 6 ertCy o6 Podunk Mile Entehpni6e6, Inc. (Mite Pond); and by Land now or 60AmeAty o6 HowaAd Jorgensen et at, paAtty by each; and WEST by Ellington Road. Said paAeee eontabm 7.7 acAe6 more or tee. Said premi6ea are subject to building, buieding tine and zoning Ae6tt&-tions o6 the Town 06 South Wuldaor. !' I Said premibeb eAe subject to .taxes on the Grand Li6t o6 January 1, 1915. "No Conveyance Tax collected • i I !'I �' e ut or O � C U 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 fNpsOR,CoN�' AREA CODE 203/644-2511 --M4y�16, 1989 C E R T I F I E D M A I L James Neary 1015 Ellington Road South Windsor, CT 06074 RE: Application #1934-89 Dear Mr. Neary: At the May 11, 1989 , the Zoning Board of Appeals denied without prejudice your request for variance to Sections 3 . 14 . 1 and 5 . 2 of the Zoning Regulations to allow the creation of a rear lot on property located southeasterly of Ellington Road, A-20 zone. It was the consensus of the Commission that there was a lack of demonstrated hardship. The Commission would like to see more specific plans for development regarding the number of lots to be created including location of the driveway and the location of the house on the site. Very truly yours Richard H. Eriksson Chairman Zoning Board of Appeals RHE/pmm L May 16, 1989 01 / -�� C E R T I F I E D M A I L FN N D '• r UT cc . • „ .•. is IV ti ';..•. ELDON IL IV '•�'�•'� ••• 4 •• t , JIM o ,f' •• • •, •• ' 7 • •• � 0�3 so /s -90, 00� 7 Ac, 0005) SO 10 Sal :-to z � 3> s8o, aq ^ E -4 a . 70 a 2SS 60 s .q c 1 �/ /B/90 �32 53 a 05� So/sl , 124 C S6 0005) 5 rt Sp M 9 `5p 59 / 4c� 3 OK tt �. t T. TOWN OF SOUTH WINSOR !�� 1934 o ZONING BOARD OF APPEALS_ James Neary Received from - - - ---------------------------------------------------------------------------- Of ____1 Q_1 __ _1__ia g t on._Road___s__ oth Windsor CT 06074 3.5,_Q4 Dollars fee for a bearing before the Zoning Board of Appeals. This hearing is to cover application number.___1934-$9 ______________fora_variance to_ section_3,14.1 . -and---S t2.-_9f__the__zoning_regulations-to_allow a creation of a rear lot --------------------------------- Dated at South Windsor, Conn.,this__-_a$ _day of Aril E: --------•--- ---- P----------------•----•--•----•--------- Signed------------------•------------ ------------------- SECRETARY