HomeMy WebLinkAboutVariance (687) APPLICATION FOR
TOWN 0P : ?UTI! WI11010It TO IN COMPLIVID':icAA
tONIM� "M OF APPLALS Filed
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LVORTA►NT: This application Brost be submitted to the planning Department Fee
by the second Friday of the arecadint month to insure being Receipt me. /
heard at the next meeting.
ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST RE SUBMITTED. THE APPLICATION WILL BE
RETURNED If INCOMPLETE.
- The application and supplements must be filed in triplicate
- 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 liras, 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 purchased from the Planning Department must be displayed on the property at least 1n
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 or Building Departme
at the South Windsor Town Hall.
APPLICANT Jon D. Berman and Frank Wayne Russo
MAILING ADDRESS 481 Buckland Road, South Windsor, Cr 06074 Tel. 644-1548
. OWNER OF RECORD OF PROPERTY IN QUESTION P bert M. & Penelope G. Finch
LOCATION OF PROPERTY IN QUESTION 819 Clark Street (Gustaves Grant H Cirra JR1R
ZONE OF PROPERTY IN QUESTIONRP
CHECK ONE OF THE FOLLOWING:
5 a front yard of 19.7 feet
1� REQUEST VARIANCE TO SECTION 5.4.1 OF THE ZONING REGULATIONS TO ALLOW
and use of a lot with reduced buffer requirements.
I� OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR
OR TEMPORARY AND CONDITIONAL PERMIT FOR
1� OR AN APPEAL FROM THE ZONING OFFICER'S DECISI03 INVOLVING
Is applicant a corporation or co-partnership?
(If Corporation, submit & :list of officarl. I cf o-partnership, submit a list of owners) ,
Is the applicant owner, losses or prospective tenant? owner (contract to purchase)
Are there any liquor outlets within the restricted area? NO
(If yes, substit a list of the liquor outlats, their locations and distances from the propert
in questiod.)
Is this property within 300 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 necessat
Applicants propose to restore this historic brick building for use as their law offices
(Berman, Curry & Russo) and have applied for a zone change to allow this use. They now occupy
approximately 2,100 sq. ft. on Buckl'and Road. The Gustayson Homestead will provide approximately
2,400 sq. ft. of space. First variance is for a front yard variance to allow a 19.7 feet front
yard, which is the existing condition. This would allow them to restore/renovate the building
without fear that it could not be rebuilt if destroyed. Variance/hardship is justified due to
construction of building prior to zoning, and that it is opposite RC zone. Restoration will
be an enhancement to the Five Corners area. Second variance is for reduced buffer requirements
(25 feet on South & West sides, 0 feet on North side)Variance/hardship is justified due to:
1) site constraints 2)building is adjacent to tobacco farm operation on North side. 3) 25 feet
bbjtWd 4equate 4) site is opposite RC zone 551 Variance will facilitate preservation of the
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A fLl"6) Similar to Cummings & Lanza project.
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FORM 174A cONNscrtcuT.WARRANTY DRRD.SURVrVOR5111P
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IKnats Vf. That We, RAYMOND R. RINGMAN and MARG MT M. KINGMAN,
both of the Town of South Windsor, County of Hartford and State of
Connecticut
for the consideration of FIFTY-FIVE THOUSAND
($55,000) DOLLARS
received to our full satisfaction of ROBERT M. FINCH and PENELOPE G.
FINCH, both of the Town of West Hartford,,County of Hertford and
State of Connecticut
1
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do give, grant, hnrgnin, sell and confirm unto the said ROBERT M. FINCH and
PENELOPE G. FINCH
and unto the survivor of them,and 'into such survivor's heirs and as.9igns forever
all that certain piece or parcel of land with all improvements thereon
located in the Town of South Windsor, County of Hartford and State of
Connecticut on the westerly side of Clark Street, so-called, being
' more particularly bounded and described as follows, to wit:
Commencing at a point in the west boundary of said Clark Street,
which point is thirty-five and five tenths (35.5) feet southerly
of the southeast corner of premises owned now or formerly by Wil-
liam Waldron et ux as measured along the west boundary of said
Clark Street, and which point is also eighty (80) feet northeasterly
Of the northeast corner of the brick dwelling on the premises
herein described; thence moving in a westerly direction at an in-
terior angle of 105.53151", a distance of three hundred twenty-
five feet and ten and three tenths inches (325'10.3") to a point
set in premises owned now or formerly by Stanley Waldron et ux;
thence moving south in a straight line at t interior angle of
74.06'09", a distance of one hundred ninety-five 195 Point; thence moving in a southeasterly direction(in a straightfeet to s
line at an interior angle of 108.24'10", a distance of three hun-
dred thirty (330) feet to a point set in the west boundary of
said Clark Street; thence moving in a northerly direction along
the west boundary of said Clark Street at an interior angle of
71.35'50", a distance of two hundred ten (210) feet to the point
and place of beginning. The last described bound makes an interior
angle with the first described bound of 105.53151".
Being/ hmeor portign of
e lame premises conveyed to the grantors herein by deed dated
August 31, 19§Zfrom_,Ear3_,j5,XQgard et ux, and per.,
9049--77 n the South Windsor Land Records. Reference is
aalsoommade�to
a certain Boundary Line Agreement between the
Stanley R. Waldron et ux dated December 18, 1972 drrecorded in
South Windsor Land Records.
Sai2t PrenrtBAs are subject o-bUilding, building line and zoning re-
strictions of the Town of South Windsor.
Said premises are also conveyed subject to taxes on the Grand List of
January 1, 1972 payable to the Town of South Windsor, which taxes the
grantees herein assume and agree to pay as part consideration for this
deed.
' Said premises are further subject to a
r and also to a Sewer Caveat to t4+ Town ofSole utheWindsoornrecorded in'
Volume 136, page 254 in the Soufi Windsor Land Records.
50 II.w .. .. v... j
Town Clerk of ;.outi; '..,rjdsof 1
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company finally reached its destination on September 26, 1633, In 1660 a need was felt for a common road along the meadows on
ar_d rapidly put up the frame of the house, which they had brought the East side of the Great River from the Podunk to Scantic and
ready to assemble. (Prefabricated housing is not so new, one can thence through Scantic to connect with the "country road" toward3
see.) The spot upon which they landed, south of the Farmington Springfield. A petition was made to the General Court and it was
ordered that the selectmen of the respective Plantations lay out a River on "the Island," about one mile south of the present church,
Highway6 rods wide
is marked by a boulder placed by Abigail Wolcott Chapter, D.A.R. so that men might pass to their Lotts
as occasion might require.
The house was enclosed with palisades and fortified only in time to
repulse an attack by the Indians and Dutch from Hartford. The
Dutch, disgruntled at the thought that a trading post had been The following is a Iist of names of persons on the East side of the
established higher up the river and in the heart of the Indian Great River who were appointed to work the highways:
country, attacked the Plymouth Company again and again, but Thomas Bissell Samuel Cross William Morton
were finally defeated when a severe epidemic of smallpox broke out Nathaniel Bissell John Cott John Osborne,Junior
-imong them, Nathaniel Bancroft Edward Elmor, Senior Joseph Phelps
On the fifteenth of May, 1637, the Plymouth Company sold its land Nathaniel Briskall Edward Elmor, Junior Samuel Rockwell
to the Dorchester People, whose first purchase of land was on the Thomas Buckland John Elmor John Porter,Junior
East side of the river, within the present town of South Windsor. (or Burnham) Joseph Fitch Stephen Taylor
They might have settled on this side had it not been for fear of Thomas Buckland,Junior l9amuel Grant Stephen Taylor, Junior
floods and Indians. John Buckland John Higley John Taylor
Samuel Baker Richard Johnson Jonathan Whncheal
N In the first settlement of Edward King
Windsor the inhabitants, in
—` south addition to their home lots
Windsor
S o n...e-tw.,,R.... on the West side of the
Smiles es.t.�
e..�....tk t R;...,. Great River, were given a
= Twenty ears later a complaint
3 proportionate share in the Y Y plaint Tall Vale
was made tltat this order Izad The early settlers of Old East
lands purchased from the Windsor tell of go;nz to the
Indians on the East side of been neglected and that the Gen- woods to fell trees in mid-
the river in the form of strips or "planting lots" (a certain number eral Court should compel the winter. The trees were cut as
thep P g near to the ground as possible
of rods in breadth on the river and running easterly for a distance selectmen to carry out the order but after the spring thaw, there
of three miles). The roads runningeast from the river today follow and to "lay out the sayd High- stilt remained wood-lots heig of
n Y way that so one neighbor may
stumps six feet in height.
fairly closely the original land grants.
pass to another without being a An Early Law
The Bissell Family monopoly y, Trespasser." The result was the 1697 . . . N11 the male inhabi-
t' (to whom the mono of of the County Ferry tants (of Windsor Farmes)
was granted in January 28, 1648) were undoubtedly the pioneers layout out of what is now known from 16 years of age and up-
as �'lai Wards shall kill one dozen of
of the East Windsor emigration. Their house, erected in 1658-1659 ri Street. It has been re- black-birds or give one shilling
was the first and for many years the only dwelling-liouse in East ferred to as "Kind's Highway," to the town treasury and who-
(now South) Windsor, and it is probable that it was occupied as a the King referring to Mr. Ed- soever shall kill above his dozen
shall have one shilling paid out
year-round home in 1662 by John Bissell, Senior. In January, 1662, ward King, one of the first land- and whosoever shall kill six
T owners on the East side of the black-birds in march or April
N
John Bissell conveyed it to his son, Nathaniel, by deed wherein it shall be counted as a dozen.
mention is made of a house already built, river.
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1540 SULLIVAN AVENUE SOUTH WINOSOR, CONK. 06074
g��dsaR.co� AREA CODE 201/644-2511
November 13 , 1989
C E R T I F I E D M A I L
Mr. Son Berman
Mr. Frank Russo
481 Buckland Rd.
South Windsor, Ct 06074
Re: Application #1513-89 - 819 Clark Street
Dear Mr. Berman & Mr. Russo:
At the meeting of the Zoning Board of Appeals held on November 2,
1989, a variance was granted to Section 3 .2 of the Zoning Regulations
to allow a front yard of 19 . 1 feet on property located at 819
Clark Street, South Windsor, RR Zone.
Your request for a variance to Section 5. 4.1 to use a lot with
reduded buffer required on property located at 819 Clark Street,
South Windsor was denied. The board felt-:':there was no hardship
because the requirement doesn't exist yet.
The variance granted is effective upon your filing of the enclosed
form in the Town Clerk' s office at your own expense.
Very truly, yours,
aryl C,0 lyk"%1,,
Thomas Murrin
Vice-Chairman
Zoning Board of Appeals
TM:dlb
Enclosure
CC: Design Professionals
Thomas Murrin, Vice-Chairman
I, ,
of the South Windsor Zoning Board of Appeals , hereby certify that on
November 2, 1989
, the Zoning Board of Appeals
granted to Jon D. Berman and Frank Russo
a variance to Section 5.2
of the Zoning Regulations to allow a front yard of 19 . 7 feet
r
on premises located at 819 Clark St.
and more particularly bounded and described as follows :
Commencing at a point in the west boundary of said Clark Street,
which point is thirty-five and five tenths (35.5) feet southerly
of the southeast corner of premises owned now or formerly by Wil-
liam Waldron at ux as measured along the west boundary of said
Clark Street, and which point is Igo eighty (80) feet northeasterly
of the northeast corner of the brick dwelling on the premises
herein described; thence moving in a westerly direction at an in-
terior angle of 105.53151", a distance of three hundred twenty-
five feet and ten and three tenths inches (325'10.3") to a point
set in premises owned now or formerly by Stanley Waldron et ux;
thence moving south in a straight line at an interior angle of
74.06109", a distance of one hundred ninety-five (195) feet to a
point; thence moving in a southeasterly direction in a straight
line at an interior angle of 108.24110% a distance of three hun-
dred thirty (330) feet to a point set in the west boundary of
said Clark Street; thence moving in a northerly direction along
the west boundary of said Clark Street at an interior angle of
71.35'50", a distance of two hundred ten (210) feet to the point and place of beginning. The last described bound makes an interior
angle with the first described bound of 105.53151-.
OWNER OF RECORD: Robert M. & Penelope G. Finch
Dated at South Windsor, Connecticut this 13th day of November 19 89.
rl VYn CND
ZONING BOARD OF APPEALS
PUBLIC ACT # 75-317
Received for Record this day of 19
at
ATTEST:
TOWN CLERK
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TOWN OF 'SOUTH WINDSOR M 1513
ZONING BOAR`OF APPEALS
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Received from _-. ��_-- ----------------------
----------------------------
Of
Y�
14Board of Appeals.
hearing before the Zoning `/ �`
Dollars fee for a for__Y_ -------
hearing is to cover application number ____ or --�--------------------
This --------------
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.;i I cv�is 9 ,SA
1911
--day of--- -
Dated at South Windsdr,Conn.,this-------`—�-- --..
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Signed----------- -- SECRETARY