HomeMy WebLinkAboutVariance (702) W WV OF SOUTH WINDSOR Application # A to)3`Dq
APPLICATION FOR Date
ZONING BOARD OF APPEALS Receipt# qn
IMPORTANT. This application must be submitted to the Planning Department by the second Thursday of the
preceding month to insure being heard at the next meeting.
ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED.
.SECT'.�NI �111�E �---
��It�
1. The application and supplements must be filed in duplicate, typed or printed in ink.
2. 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.
3. If a variance is being requested, a legal description and deed of the property must be submitted with the
application. This description can be obtained from the land records.
4. 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.
5. No application shall be a complete application unless it shall be in such form and contain such
information as necessary for a fair determination of the issues. Incomplete applications may be
denied.
I. Applicant: -,he Grillo Family Limited Partnership (Dr Robert-M. Grillo)
o)
2. Mailing Address: 379 Main Street
South Windsor CT 06074
3. Telephone#: 528-2194
4. Owner of record of property in question: The Grillo Family Limited Partnership
5. Location of property in question: 498 Buckland Road
Assessor's Map #_51 Parcel# 12 Zone CID
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners). Limited Partners: Zachary, Nicholas & Laura Grillo• General
Partner: Robert M. Grillo
7. Please indicate if the applicant is owner, lessee, or prospective tenant: Owner
8. Check one of the following:
(X) Request Variance to Section of the Zoning Regulations to allow See attached
Sheet
( ) State hearing under Section of the General Statutes for
( ) An appeal from the Zoning Officer's decision involving
9. Is this a request for a sign variance? If yes, complete and submit the sign checklist information.
No
10. If application is for a variance to Section 3.12, are there any liquor outlets within the restricted area,
(500 feet)? YES or<0 If yes, submit a list of liquor outlets,their locations and distances from the
property in question.
11. Is this property within 500 feet of another town line? No
12. Is this property within the Connecticut Water Aquifer area? Yes or 10 if yes, application must be filed
with the Connecticut Water Company by the applicant.
13. If requesting a variance state clearly the unusual hardship or exceptional difficulty on the property that
prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if
necessary.
See attached sheet
I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this llth day of M rch Year 2004
Applicant: Z/ZrA e&"e
Ul�rr �ffe)
OWNER: 6 JIG L� j,Ajf i-AJF/t
ignature)
.a.:
Approved: Denied:
tj
Revised 12/04/98
Narrative Statement
Variance Application
The Grillo Family Limited Partnership
Dr. Robert M. Grillo
498 Buckland Road
South Windsor, Connecticut
DPI Project No. 04-1917
March 11, 2004
• Dr. Robert M. Grillo, a South Windsor resident, presently practices his dentistry at 47
Burnside Avenue in East Hartford. Those offices are undersized (only four treatment rooms) and
have deficient parking(only nine spaces). Recently, Dr. Grillo purchased a 1.1-acre parcel and
residence at 498 Buckland Road for the purpose of relocating his practice. The subject property
is situated on the easterly side of Buckland Road in the Gateway Development zone,just north of
Floral Expressions, south of the residence of Harold Dodd and just west of a remote section of
the recently approved Berry Patch H elderly apartment complex. After purchasing the property,
Dr. Grillo assembled a design team to determine an architectural footprint, general site layout
and the extent of any wetlands on the property. Wetlands were determined by Highland Soils,
LLC to be only in a small area to the extreme rear of the property. Public sewer and water
services are available in Buckland Road. Design Professionals, Inc. has located Highland Soils'
wetlands flags and prepared an A-2 boundary survey and topographic survey of the property,
including the existing house location. The property has had government takings along its
Buckland Road frontage on two occasions. The first was on June 10, 1974 in which a 15-feet
deep strip was condemned along the entire frontage. In 1992, the government once again
condemned property, taking another 7-9 feet along the entire frontage. Prior maps indicate that
the house was clearly behind a 65-feet building line, consistent with the parcel's prior zoning
district,restricted commercial (RC). The property was subsequently re-zoned by the Planning&
Zoning Commission(to the Gateway Development zone), along with all other properties on the
easterly side of Buckland Road, up to Ellington Road. The takings resulted in a total loss of
3,975±square feet(down from 52,275 square feet to today's 48,300 square feet)of land area,
and a 27.1 feet reduction from the then-required 65 feet of front yard, down to today's 37.9 feet.
In 1974,the lot was clearly conforming to the RC zone requirements of 30,000 square feet lot
area(52,275 square feet), lot frontage(150 feet), front yard (65 feet), and side yard (10 feet).
The re-zoning rendered the parcel non-conforming to lot area(3 acres), side yard(25 feet)and
lot frontage(200 feet). The residence on the property has approximately 1,200 square feet of
interior floor area, plus a breezeway and garage. Dr. Grillo has approached the neighbor to the
north, Mr. Harold L. Dodd of 512 Buckland Road, pursuant to securing an arrangement for a
common access driveway to serve both properties as recommended in Section HIA of the zoning
regulations, and Mr. Dodd declined the invitation.
Mr. Grillo's architect and interior dental space planner have laid out a plan to utilize the
existing residence and an addition thereto. The total floor area of the expanded one-story
building is approximately 3,553 square feet. This consists of the 1,724 square feet existing
footprint, along with an 1,829 square feet addition to the rear of the building. The interior layout
features a large reception room at the main entrance, a business office, consultation area, private
offices, a laboratory, dark room, bathrooms, staff lounge, storage, and six treatment rooms.
Variances will be required due to the existing non-conforming setbacks of the residence, and to
accommodate the addition. A driveway is proposed well to the north of the building and a
parking lot to the rear of the building is contemplated with at least 25 parking spaces, far
exceeding the 9 spaces currently available to him in East Hartford. There will be a primary
office entrance on the north side of the building. The existing driveway will be removed, as it
will be replaced by the driveway to the north. A number of trees on the property, reflected in
DPI's survey, should be preserved. The building's facade will be upgraded. Mr. Grillo hopes to
commence construction during this building season, following Planning&Zoning Commission
approval of his site plan.
The variances requested are as follows:
1� Section 3.10.3 to allow a non-conforming building to be altered, improved, enlarged,
extended, reconstructed, repaired or rebuilt.
2. Section 10.2 to allow a side yard of 12+feet(13±feet variance), a front yard setback of
37.9 feet(27.1 feet variance)for the existing residence and a front yard setback of 56.3+
feet(8.7f feet variance) for a proposed addition.
The specific hardships or peculiar circumstances that support this application are:
1. Condemnation of property along the frontage of this lot by governmental authorities in
1974 and in 1992 reduced the size of the lot and rendered the building non-conforming to
the front yard setback requirement in the RC zone, and subsequently in the GD zone. It
rendered the ultimate parcel even more non-conforming to the GD zone.
2. Re-zoning by the Planning&Zoning Commission of the subject parcel and of the
neighboring parcels all the way up to Ellington Road from the RC zone to the GD zone,
with its greater dimensional requirements, resulted in a non-conforming side yard.
3. The side yard variance would have been unnecessary, even with the addition, if the RC
zoning for this property were still in effect.
4. The side yard variance is necessitated, in part, by an extension of the building's southerly
facade, and by interior layout requirements.
5. The existing building and foundation cannot be reasonably relocated.
6. The site has available public sewer and water utility services to support the development.
7. To our knowledge,this proposed development would conform to all zoning requirements
had it not been for the actions of governmental agencies to reduce the lot's size on two
occasions and to re-zone the property to a more demanding zone.
8. Many aspects of the GD zone can be adhered to with the new plan, e.g., no parking in the
front yard and all parking to the rear of the building.
9. The front yard variance to accommodate the building addition is necessitated by interior
layout requirements.
10. This application is consistent with the purposes of the Buckland Road Gateway
Development zone, in that it will help to create an attractive entrance to South Windsor, it
will be a high quality development with careful attention to building appearance and
professional landscaping. While access management has been given due consideration
by the applicant, it would require the cooperation of the property owner to the north, and
that property owner has declined.Dr. Grillo's request to provide a common driveway
along the common property line.
Dr. Grillo and his family respectfully request consideration of the above-referenced variances.
Thank you.
t;
VOL 15 7 3 PAGE 138
SCHEDULE A
That certain piece or parcel of land with all improvements and buildings thereon located s
at 498 Buckland Road,South Windsor,Connecticut,and more particularly bounded and
described as follows_
Beginning at a point in the easterly line of Buckland Road which point is marked by a
merestone set on the division line of the property herein described and ro p perty owned ��-
now or formerly by Frank Ahearn,Trustee;
Thence easterly along land now or formerly of the said Frank Ahearn,Trustee,a distance � u
of 305.59 feet to a merestone
My
Thence in a northerly direction along land now or formerly of Peter Karmaz}ni,a distance r
of 80.68 feet to a merestone;
Thence in a northeasterly direction along land now or formerly of said Karmazyn,a ,
distance of 112.83 feet to a point;
Thence in a westerly direction along land now or formerly of Harry W.Snow,et a1.,a ;- E_
distance of 347.60 feet to a point in the easterly line of said Buckland Road; ' "
Thence in a southerly direction,a distance of 185.00 feet to the point and place of ,
beginning. r z
,s
For a more particular description of said premises,reference is made to a map entitled
P"Property surveyed for Harry W.and Clara B.Snow,Oakland and Buckland Roads,
Wapping,South Windsor,Conn.,Scale 1 inch=30 feet,Sept. 1948,Peterson& y
Hoffman,Eng'rs,Successors to Spencer&Washburn,Inc."which map is on file in the
Town Clerk's Office in the said Town of South Windsor. k
Excepting that portion of the premises taken by the Town of South Windsor to widen
Buckland Road,as more particularly described in a Certificate of Condemnation dated
.=
5-31-74 and recorded 6-10-74 in Vol 180 Pg 233 of the South Windsor Land Records. •�'��-
,
RECEIVED FOR RECORD:
DATE 1 TINSEL_- -M_
MOWN CLERK.SOUTH WINDSOR.
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Dr. Robert M. Grillo
Dentistry for the Quality Conscious
' >rrm&
Peter Demaille
Uesign Professionals
165 South Satellite Road
South Windsor, CT 06074
March 8, 2004
Dear Pete,
As per our discussions I have contacted Mr. Harold L. Dodd, of 512 Buckland Road,
regarding a travel easement for a shared driveway on the north property line of 498 Buckland
Road. Several attempts to meet Mr. Dodd in person were unsuccessful. Finally on March 6,
2004 I was able to speak with Mr. Dodd via telephone.
Unfortunately Mr. Dodd refused to discuss the possibility with me. His retort being a firm
"not interested".
Therefore, I am certain we will not be able to reach an agreement concerning sharing a
driveway for the bordering properties.
Sincerely'.
L
Robert M. Grillo,D.M.D
47 Burnside Avenue,East Hartford,CT 06108 860-528-2194/Fax:860-528-2195/E-mail:onlaydoc@aol.com
Member of American&Connecticut Dental Associations
L.D.Pankey Alumni Association
Member of the Academy of Cosmetic Dentistry
03
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Town of South Windsor General Map N ROAD NAMES
Connecticut
, w 498 Buckland Road CONDOS
Date Printed: March 24,2004 PARCELS
0 200 Feet
Property boundaries are derived from the Town of South Windsor Tax Assessor maps,digitized at a scale of 1 inch=100 feet,and include the same data limitations and disclaimer as the Assessors maps.
All other data portrayed is representation only and,due to inherent mapping limitations,should be used as a guide only. The intent of this map is to present a graphical representation of property boundarie
and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001.
10 N Sf4
[�J Town O-Ps-0IatA Vt��
s �
C, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
�f�OSOR-CO � TELEPHONE(860) 644-2511
April 13, 2004
CERTIFIED #70001670000775519997
Design Professionals, Inc.
165 South Satellite Road
South Windsor, CT 06074
Re: Appl. #2613-04—The Grillo Family Limited Partnership, 498 Buckland Road,
GD zone
Dear Mr. DeMallie:
At the meeting of the South Windsor Zoning Board of Appeals held on April 1, 2004, the
Board approved the following variances:
A variance to section 3.10.3 to allow expansion of a non-conforming structure.
The Board concluded the hardship to be as follows:
1. The two governmental takings for road widening have created the existing structure
to become significantly non-conforming, making it difficult to use the property in
conformance with the Town's comprehensive plan.
2. The re-zoning of the property to the Buckland Gateway zone requires larger
setbacks than the previous zone.
The following conditions were placed on this approval:
1. Approval is based on the plans prepared by Design Professionals, Inc. dated
2/26/04.
2. The use is subject to site plan approval by the Planning & Zoning Commission.
3. The use is subject to an approved use in the zoning regulations.
A 13' variance to section 10.2 to allow a side yard of 12' (25' required).
The Board concluded the hardship to be as follows:
1. The placement of the original structure conformed at the time it was built and the
re-zoning of the property to the Buckland Gateway zone requires larger setbacks.
2. The property line is not perpendicular to the structure, making the expansion
encroach further into the side yard.
r
The Grillo Family Limited Partnership
April 13, 2004
Page 2
3. The two government takings for road widening have created the existing structure
to become significantly non-conforming, making it difficult to use the property in
conformance with the Town's comprehensive plan.
The following conditions were placed on this approval:
1. Approval is based on the plans prepared by Design Professionals, Inc. dated
2/26/04.
2. The use is subject to site plan approval by the Planning & Zoning Commission.
3. The use is subject to an approved use in the zoning regulations.
An 8.7' variance to section 10.2 to allow 56.3' setback for proposed addition (65'
required).
The Board concluded the hardship to be as follows:
1. The two government takings for road widening have created the existing structure
to become significantly non-conforming, making it difficult to use the property in
conformance with the Town's comprehensive plan.
2. The re-zoning of the property to the Buckland Gateway zone requires larger
setbacks than the previous zone.
The following conditions were placed on this approval:
1. Approval is based on the plans prepared by Design Professionals, Inc. dated
2/26/04.
2. The use is subject to site plan approval by the Planning & Zoning Commission.
3. The use is subject to an approved use in the zoning regulations.
Any new building, or alteration/additions to existing buildings, requires a building permit
prior to start of construction.
These actions are effective upon your filing the enclosed form in the Town Clerk's Office
at your own expense.
Very truly yours,
tephen Wagner, Chairperson
Zoning Board of Appeals
SW:dr
cc: Building Department
I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify
that on April 1, 2004 the Zoning Board of Appeals granted to: The Grillo Family Limited
Partnership the following: 1) a variance to section 3.10.3 to allow expansion of a non-
conforming structure; 2) a 13' variance to section 10.2 to allow a side yard of 12'; and 3) an
8.7' variance to section 10.2 to allow 56.3' setback for proposed addition, GD zone.
Conditions: 1)Approval is based on the plans prepared by Design Professionals, Inc. dated
2/26/04; 2) The use is subject to site plan approval by the Planning & Zoning Commission;
and 3) The use is subject to an approved use in the zoning regulations.
on premises located: 498 Buckland Road
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: Grillo Family Limited Partnership
Dated at South Windsor, Connecticut this 13th day of April, 2004.
teph n Wagner, Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2004
at
VOLUME
PAGE
TOWN CLERK
v
Na t0*N Sf4
y x Town O-P s-oa.611t V&U1,16'at
� � J
m �
�c 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
�l�OSOR•c° TELEPHONE (860) 644-2511
May 14, 2004
CERTIFIED #70001670000775519959
Design Professionals, Inc.
165 South Satellite Road
South Windsor, CT 06074
Re: Appl. #2613-04—The Grillo Family Limited Partnership, 498 Buckland Road, GD zone
Dear Mr. DeMallie:
At the meeting of the South Windsor Zoning Board of Appeals held on May 6, 2004, the Board
approved your request for a 27.1' variance to section 10.2 to allow the front yard setback of the
existing structure to remain at 37.9', for property located at 498 Buckland Road, GD zone.
The Board concluded the hardships on the property to be as follows:
1. The placement of the original structure conformed at the time it was built and the
rezoning of the property to the Buckland Gateway zone requires larger setbacks.
2. The two government takings for road widening have created the existing structure to
become significantly nonconforming, making it difficult to use the property in
conformance with the Town's comprehensive plan.
The Board placed the following conditions on this approval:
1. Approval is based on the plans prepared by Design Professionals, Inc. dated 2/26/04.
2. The use is subject to site plan approval by the Planning &Zoning Commission.
3. The use is subject to a permitted use in the zoning regulations.
Any new building, or alteration/additions to existing buildings, requires a building permit prior to
start of construction.
These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your
own expense.
Very truly yours,
Stephen Wagner, Cha rperson
Zoning Board of Appeals
SW:dr
cc: Building Department
I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify
that on May 6, 2004 the Zoning Board of Appeals granted to: The Grillo Family Limited
Partnership, a 27.1' variance to section 10.2 to allow the front yard setback of the existing
structure to remain at 37.9', GD zone.
Conditions: 1)Approval is based on the plans prepared by Design Professionals, Inc. dated
2/26/04; 2) The use is subject to site plan approval by the Planning & Zoning Commission;
and 3) The use is subject to a permitted use in the zoning regulations.
on premises located: 498 Buckland Road
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: Grillo Family Limited Partnership
Dated at South Windsor, Connecticut this 14th day of May, 2004.
_ tephen Wagner, Ch irperson- - - -- _
PUBLIC ACT #75-317
Received for Record this day of 2004
at
VOLUME
PAGE
TOWN CLERK
ar
VOL. 1573PAGE 138 `
SCHEDULE A
That certain piece or parcel of land with all improvements and buildings thereon located
at 498 Buckland Road,South Windsor,Connecticut,and more particularly bounded and ?_ti
described as follows:
Beginning at a point in the easterly line of Buckland Road which point is marked by a F v=
merestone set on the division line of the property herein described and property owned
now or formerly by Frank Ahearn,Trustee; - %
Thence easterly along Iand now or formerly of the said Frank Ahearn,Trustee,a distance ={ : :
of 305.59 feet to a merestone;
Thence in a northerly direction along land now or formerly of Peter Karmazyn,a distance
of 80.68 feet to a merestone;
Thence in a northeasterly direction along land now or formerly of said Katmazyn,a' distance of 112.83 feet to a point;
Thence in a westerly direction along land now or formerly of H arty W.Snow,et al.,a
distance of 347.60 feet to a point in the easterly line of said Buckland Road; ?.y
Thence in a southerly direction;a distance of 185.00 feet to the point and place of
beginning.
For a more particular description of said premises,reference is made to a map entitled '
"Property surveyed for Harry W.and Clara B.Snow,Oakland and Buckland Roads,
Wapping,South Windsor,Conn.,Scale 1 inch=30 feet,Sept. 1948,Peterson&
Hoffman,Eng'rs,Successors to Spencer&Washburn,Inc."which map is on file in the
Town Clerk's Office in the said Town of South Windsor.
Excepting that portion of the premises taken by the Town of South Windsor to widenz a
Buckland Road,as more particularly described in a Certificate of Condemnation dated "==
5-31-74 and recorded 6-10-74 in Vol 180 Pg 233 of the South Windsor Land Records.
RECEIVED FOR RECORD'
roWN CLERK.SOUTH WINDSO C?if ,: .xi
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I DRIVEWAY APPROX. GRADE" LIMIT
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1 L N /" F DRIVEWAY ACQUIRED N / F
FRANK E. AHEARN TRUSTEE 1 ,WTF. RIGHT TO CRADF J HAROLD L. DODD
# 498 ACQUIRED_ ET AL
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RIGHT AREA 0.012± ACRE
RICHARD S. KEL.LEY
TAKING AREA 0.034± ACR
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\7•:�'S w� __�
i i KEREBY CERTIFY THAT THIS MAP AND SURVEY ARE TOWN OF- a_ _ SOR
SJ83TANTIAI.LY CORRECT AND WERE PREPARED IN ACCORDANCE
pp W T-i THE STANDARDS OF A CLASS D SURVEY AS DEFINED IN THE MAP SHOWING LAND ACQUIRED FROM
It1[ flvxx►CEOBY= C)K OF PRACTICE FOR STANDARDS OF ACCURACY OF SURVEYS
CAEST�rriC-
ANI MAPS, ADOPTED DECEMBER 10, 19T5 AS AMENDED BY THE RtCHARD S. KELLEY
NE CDtiNECTICUT ASSOCIATION OF LAND SURVEYORS,INC.TO THE
BE`T OF MY KNOWLEDGE AND BELIEF, BY
THE STATE OF CON N ECTICUT
DATE REVISION REQ. BY TOWN NO. 132 BUCKLAND
."
ROAD
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NEW STREET LINE +1
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--6L-D STRE7EET LINE ( EDGE OF TRAVELED WAY )
BUCKLAND ROAD
PLOT PLAN
SHOWING LAND OF
NORMAN J. DOREY
I hereby certify this map to be a substantially
correct Class "D" Map which has been compiled
from maps supplied by the -l'own of South Windsor
and Buckland Road construction plans prepared
by Petersen & Hoffman., April 1973.
This lot is nonconforming to current RC zoning
regulations for building setback requirements .
�i
r T GRISWOLO Fuss. INC ... 5e F+
CONSULTING ENGINEERS AND SURVEYORS
MANCHESTER, CONNEGTICUT
r_ c r-n I P, I"= an' PRnJ. NO 74-71-D 5 DATE: MARCH 15, 1974