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Home My WebLink AboutVariance (685) APPLICATION FOR Receipt No. /o 7 TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS DIPORTANT: 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 MST BE ANSWERED AND ALL SUPPLEMENTS MIST BE SDBNITTED. 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. I - 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: WaWa Markets, Inc. MAILING ADDRESS__ c/o Auaust, Moran Lazori _k & Shus;tPrr 111 4imahiiry Rd AvQ ACT OWNER OF RECORD OF PROPERTY IN QUESTION Edward S. and ,Tanp W_ C;i,t-t- LOCATION OF PROPERTY IN QUESTION West Side of Fitch Bo ,1 P yard (Rt-P S) anrCn1ji-h side of Pleasant Valley Road, South Windsor, CT ZONE OF PROPERTY IN QUESTION GC / A-40 CHECK ONE OF THE FOLLOWING: th foLowin Requeat�Var ance �¢ { of the Zoning Regulations XtRX&1 X See Exhibit "A" aor state hearing under Section of the General Statutes for aor temporary and conditional permit for aor an appeal from the Zoning Officer's decision involving Is applicant a corporatior� 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? option holder Are there any liquor outlets within the restricted area? N/A (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) . See Exhibit "B" i Dated this 12thd y of cto year 1989 Telephone 1 678-0450 u�t r z i us ter, Attorneys for WaWa Markets, Inc. APPLICANT:By Phili ign t e) OWNER: '(1, mss� Philip J.. C�icin, t i re) Edward S. Gnd Jan G tt T N OF BOARD Val'G^(42 10, a; ► - GRANTED �t DENIED . . . . . . . . . . . . . !. . . .o� I C► • . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,/0�. . .. _. . Y. . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Appointment of Officers RESOLVED, that the following persons be and they hereby are appointed to the offices set opposite their respective names : Richard D. Wood, Jr. President and Chief Executive Office Donald H. Price Executive Vice-President Edward H. Chambers Executive Vice-President and Treasurer Howard B. Stoeckel Vice-President Vincent P. Anderson Senior Vice-President, General Counsel and Secretary Thomas A. Laudenslager Vice-President W. Barry Wright Assistant Secretary Henry J. McHugh Vice-President and Assistant Secretary Frederic S . Schroeder Vice-President Joseph C. Losak Vice-President September 8, 1989 Philip J. Carignan, Esquire August, Moran, Lazorick & Shuster 111 Simsbury Road I Avon, Connecticut 06001 1 re: Application for Zoning Approvals - 269 Pleasant Valley Road, South Windsor Dear Attorney Carignan: We hereby authorize WaWa Markets, Inc. , as holder of an option to purchase our property on Finch Boulevard in South Windsor, to sign on our behalf and with our consent any state or municipal applications required in order to obtain approvals for their development of our property. In that regard, we also grant your firm, as counsel to WaWa Markets, Inc. , authority to sign and file any such applications on our behalf. �Y `�L(.. /.t.•oz Edward S. Gutt Ja e u i 4 • Application of Wa Wa Markets, Inc. To the Zoning Board of Appeals South Windsor, Connecticut EXHIBIT "A" 1. (Section 4 . 5. 4 . 1 ) A 50 foot variance of the landscape buffer requirement to allow construction of a conven- ience store and associated improvements. 2. Variance of @ 4 . 5. 4 . 4 to permit a wall sign as a second sign on the premises. 3. Variance of § 4 . 5. 9 _ 4 to permit an increase of 36 square feet in the total sign square footage requirement for a free standing sign. i Application of Wa Wa Markets, Inc. To the Zoning Board of Appeals South Windsor, Connecticut EXHIBIT "B" A. Buffer Variance: The application of the zoning regulations to this parcel creates an undue hardship on the applicant due to the configuration of the parcel and the location of wetlands on the property. The parcel is primarily zoned GC and yet is only 133 ' ± in width. The operation of the front and side yard setback and the landscape buffer requirements to the residential zone to the west leaves only a 23 ' wide area within which to locate a permitted commercial use. In addition, the location of wetlands on the site further restricts the location of the improvements so as to leave the present proposal as the only viable alternative considering other applicable state and municipal requirements. B. Sign Variance: The applicant proposes two signs on site to conform to the applicant's standard sign format. The appli- cant feels it is important to keep sign uniformity among its sites. Experience has found that the size of the free standing sign, while larger than permitted, is necessary for ease of recognition to its sites. This is especially important on heavily traveled thoroughfares as in this instance where traffic often is moving at a significant pace. It is also felt that the wall sign is needed to properly locate the business inasmuch as the free standing sign has a north/south orientation which may be difficult to see from the east for cars turning south onto Route S from Pleasant Valley Road. Pleasant Valley Road on the east is a heavily traveled road and the wall sign on the east face of the build- ing will aid identification of the use for such traffic from the east. oa. ti( d' PARCEL DESCRIPTION — FIRST PIECE AND SECOND PIECE COMBINED A CERTAIN PIECE OR PARCEL OF LAND SITUATED IN THE STATE OF CONNECTICUT, COUNTY OF HARTFORD, TOWN OF SOUTH WINDSOR, BEING MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWSa COMMENCING AT A POINT LOCATED AT THE INTERSECTION OF THE WESTERLY HIGHWAY LINE OF CONNECTICUT ROUTE 5 AND THE SOUTHERLY STREET LINE OF PLEASANT VALLEY ROAD THENCE; SOUTHERLY ALONG THE WESTERLY STREET LINE OF CONNECTICUT ROUTE 5 AT A COURSE OF S 24=15'-44" W, A DISTANCE OF 323.36 FEET TO A POINT. THENCE; WESTERLY ALONG LAND NOW OR FORMERLY OF PATRICIA GENTILE AT A COURSE OF N 6e-03'-15" W, A DISTANCE OF 132.05 FEET TO A POINT. THENCE; NORTHERLY ALONG LAND NOW OR FORMERLY OF MARY NICHOLSON AT A COURSE OF N 24=00'-07" E, A DISTANCE OF 332.43 FEET TO A POINT, WHICH POINT IS MARKED BY AN IRON PIN AND IS LOCATED ON THE SOUTHERLY STREET LINE OF PLEASANT VALLEY ROAD. THENCE; EASTERLY ALONG THE SOUTHERLY STREET LINE OF PLEASANT VALLEY ROAD, PASSING THROUGH A C.H.D. MONUMENT AT A COURSE OF S 64-18'25" E, A DISTANCE OF 133.60 FEET TO A POINT, WHICH POINT BEING THE PLACE OF BEGINNING. SAID PARCEL CONTAINS .1.0073 ACRES. SAID PARCEL IS SUBJECT TO THE FOLLOWING EASEMENTS AND RIGHTS RECORDED IN THE TOWN OF SOUTH WINDSOR LAND RECORDS: DRAINAGE RIGHT OF WAY AND EASEMENT IN FAVOR OF THE STATE OF CONNECTICUT, RECORDED IN VOLUME 39, PAGE 347 AND VOLUME 93, PAGE 39. SANITARY SEWER EASEMENT IN FAVOR OF THE TOWN OF SOUTH WINDSOR RECORDED IN VOLUME 117, PAGE 390. WATER MAIN CAVEAT IN FAVOR OF THE METROPOLITAN DISTRICT COMMISSION RECORDED IN VOLUME 51 , PAGE 128. 4�w" g�4 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 R-coN AREA CODE 203/644-2511 November 13 , 1989 . 1 C E R. T I F I E D M A I L Atty. Philip J. Carignan August, Moran, Lazorick & Shuster 111 Simsbury Rd. Avon, Ct 06002 Re: Application #1510-89 - Wa Wa Markets, Inc. Dear Attorney Carignan: At the meeting of the Zoning Board of Appeals held on November 2, 1989, the following variances were granted to the Zoning Regulations for property located on the west side of John Fitch Blvd, south side of Pleasant Valley Road, South Windsor, GC & A-40 Zone: 1. A 40 ' variance to Section 4 .5.4.1 to the required buffer zone and to allow the required buffer zone to be in the required rear yard setback; 2. A variance to Section 4. 5.4. 4 to allow a second sign on the r p. emises; 3. A variance to Section 4. 5.4. 4. to allow a free standing sign to be 36 square feet or less with a maximum height to the top of the sign to be 15 feet or less with the location of the aig.n to be changed to the left side of the exit driveway, onto John Fitch Blvd. , with a minimum of 5 feet>:past the exit. The board noted the hardship being the shallow depth of the .lot and the 50 foot buffer requirement makes it practically impossible to develop the property without a variance. This action is e.f:fective upon your filing of the enclosed form in the Town Clerk' s a. ice at your own expense. Very truly yours, Thomas ,Murrin Vice,Cha .rman Zoning Board of Appeals TM:dlb Enclosure T, Thomas Murrin, Vice-Chairman of the South Windsor Zoning Board of Appeals , hereby certify that on November 2 , 1989 the Zoning Board of Appeals granted to Wa 11a Markets, Inc. a variance to Section of the Zoning Regulations 1. .A 40 ' variance to Section 4 . 5. 4. 1 of the Zoning Regulations to the required buffer zone and to allow the required buffer zone to be in the required rear yard setback; 2. A variance to Section 4. 5. 4 . 4 of the Zoning Regulations -_ to allow a second sign on the premises; 3. A variance to Section 4 . 5. 4.4 Of th6 Zoning Regulations to allow a free standing sign to be 36 square feet or less with a maximum height to the top of the sign to be 15 .feet or less with the location of the sign to be changed to the left side of the exit driveway onto John Fitch Blvd. , with a minimum of 5 ' past the exit. on premises located at on the west side of John Fitch Blvd, south side of Pleasant Valley Road and more particularly bounded and described as follows : COMMENCING AT A POINT LOCATED AT THE INTERSECTION OF THE WESTERLY HIGHWAY LINE OF CONNECTICUT ROUTE 5 AND THE SOUTHERLY STREET LINE OF PLEASANT VALLEY ROAD THENCE; SOUTHERLY ALONG THE WESTERLY STREET LINE OF CONNECTICUT ROUTE 5 AT A COURSE OF S 24=15'-44" W, A DISTANCE OF 323.36 FEET TO A POINT. THENCE; WESTERLY ALONG LAND NOW OR FORMERLY OF PATRICIA GENTILE AT A COURSE OF N 6e-03'-15" W, A DISTANCE OF 132.05 FEET TO A POINT. THENCE; NORTHERLY ALONG LAND NOW OR FORMERLY OF MARY NICHOLSON AT A COURSE OF N 24=00'-07" E, A DISTANCE OF 332.43 FEET TO A POINT, WHICH POINT IS MARKED BY AN IRON PIN AND IS LOCATED ON THE SOUTHERLY STREET LINE OF PLEASANT VALLEY ROAD. THENCE; EASTERLY ALONG THE SOUTHERLY STREET LINE OF PLEASANT VALLEY ROAD, PASSING THROUGH A C.H.D. MONUMENT AT A COURSE OF S 64r 19'25" E, A DISTANCE OF 133.60 FEET TO A POINT, WHICH POINT BEING THE PLACE OF BEGINNING. SAID PARCEL CONTAINS -1.0073 ACRES. OWNER OF RECORD: Edward S. and Jane W. Gutt Dated at South Windsor, Connecticut this 13th day of November 19 89 . ZONING BOARD OF APPEAL PUBLIC ACT # 75-317 Received for Record this day of 19 at ATTEST: TOWr1 CLERK 4. TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS 0 Received from __ t --�u. J trlc�n key . j,,s L <� r m ..�_......�b �.� -------------�------�-�------',`' V ok, ------------------------ __ Dollars fee for a hearing before the Zoning Board of A - ------------ This hearing is to cover a PPeais. pplication number-___ -S + U` .--------- u ------ --- cv1 ' ------------- -,for----------- 71c- ------------- I i cj c P�( C L"-------- ------- rC-F . '----.- - - -r- �/a L(u Z�<i ------------Dated at South -""" indsor, '�'S, - Conn.,this ��- _'_'_------- - -- -- --------- day of....... f - -----------------------------------1 9-- Signed � tt •��.tom//1 II��J �j� ------ --------------- - SECRETARY - --