HomeMy WebLinkAboutVariance (718) TOWN OF SOUTH WINDSOR Application #
APPLICATIONFOR Date
ZONING BOARD OF APPEALS Receipt#
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.
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.
1. Applicant:
2. Mailing Address:
v
3. Telephone#: (P' 6-11e 9&5;;- '
4. Owner of record of property in question: 7fj e�110&,e Z4AI X�C
5. Location of property in question: 6n6f 'e—AZ r X/�o f
Assessor's Map# J Parcel# Zone fl-C,
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners). W1
�OCCU �O/CI/�i oyv
J�sP�`L
7. Please indicate if the applicant is owner, lessee, or prospective tenant: ��► �P
8. Check one of the following:
( "equest Variance to Section / a of the Zoning Regulations to allow 7f°e
( ) 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.
10. If application is for a va ' to Section 3.12, are there any liquor outlets within the restricted area,
(500 feet)? YES or I I 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? AN
12. Is this property within the Connecticut Water Aquifer area? Yes o No. f 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.
I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this -day Yeara .
-Applicant:
Simature)
OWNER:
(Si e)
Approved: Denied:
r t
Revised 12/04/98
The property in question is a family restaurant and has been so for two years. We are a small company
competing for a market share against a number of National chain restaurants located in The Buckland
Mall corridor.It is our goal to create a place where our customers will come to enjoy a good meal in an
environment that is fun for the whole family. In the effort to achieve this goal we have made some
cosmetic changes to the restaurant and are looking to add two pool tables, but we found that the use of
pool tables is prohibited in our zone.In researching the zoning regulation we found that it refers to
billiard rooms and pool halls,which does not apply to our establishment because it is neither a Billiard
room or a Pool hall. The fact that the use of pool tables in other commercial zoned locations throughout
town is acceptable and not in our zoning creates a hardship because of the competition that we face. At
this time we are looking for a variance for the use of only two pool tables so that we may offer our
customers a family friendly enjoyable experience.
• r
VOL. 13 5 F PAGE 331
WARRANTY DEED
KNOW ALL PERSONS BY THESE PRESENTS THAT: 7205
L
SAMSEL PROPERTIES LLC, a Connecticut limited liability company having an
address in care of The Richard L. Mahoney Company, Inc., 10 North Main Street, West
Hartford, Connecticut 06107 (the "Grantor"), for the consideration of FOUR MILLION ONE
HUNDRED THOUSAND AND NO/100 DOLLARS ($4,100,000.000) received to its full
4 satisfaction of SOUTH WINDSOR REALTY CO. LLC,a New York limited liability company
having an address in care of Peretz,Resnick&Co.,LLP,303 South Broadway,Tarrytown,New
York 10591 (the "Grantee"), does give, grant, bargain, sell and confirm unto the Grantee, its
€: successors and assigns forever, a certain piece or parcel of land, with the improvements thereon
and appurtenances thereto,situated in the Town of South Windsor,County of Hartford and State
of Connecticut,and more particularly described in Schedule A attached hereto and made a part
hereof.
Said premises are conveyed subject to the encumbrances described in said Schedule
A w
_•- attached hereto,
TO HAVE AND TO HOLD the above granted and bargained premises unto the Grantee,
its successors and assigns forever,to its and their own proper use and behoof. =1�
AND ALSO, the Grantor does for itself, its successors and assigns, covenant with the
Grantee, its successors and assigns, that at and until the ensealing of these presents, it is well
seized of the premises as a good indefeasible estate in fee simple and has good right to bargain
_ and sell the same in manner and form as is above written, and that the same are free from all
encumbrances whatsoever,except as hereinbefore mentioned. -=
AND FURTHERMORE,the Grantor does by these presents bind itself and its successors = _
and assigns to WARRANT AND DEFEND the above granted and bargained premises to the
Grantee, its successors and assigns, against all claims and demands whatsoever, except as
hereinbefore mentioned.
IN WITNESS WHEREOF, the Grantor has executed this deed in its name this 16th day p
of October,2002.
Witnessed By: j
SAMSEL PROPERTIES LLC rtF
k By: The Richard L.Mahoney Company,Inc.
Its Manager
R By:
i �. .
Richard L.Mahoney
Its President
CONVEYANCE TAX RECEIVED
0
s� 11$&207 21-M20 � STATE$'Q�/t_OCApL S 4,5iv ZNo. ;
TOWN CLERK Of SOUTH WINDSOR
T
i
VOL. 13 6 6 PAGE 332
SCHEDULE A
= Description of Property
Two certain pieces or parcels of land. with the buildings and improvements thereon, situated in
the Town of South Windsor, County of Hartford, and State of Connecticut, known as
= 152 Deming Street and 435, 465, 475, 479, 481, 491 and 497 Buckland Road, and being more
particularly described as follows:
FIRST PIECE
Known as 152 Deming Street and shown as Lot No. 3 on a map_or plan entitled "Subdivision
Plan prepared for Sherwood Waldron Buckland Road&Deming Street- South Windsor, Conn.
By W.W.S. P.A.S. SCALE 1"=40' DATE Feb 4, 1972 SHEET NO, 1 of 2 Degree of Accuracy
A-2 Certified Substantially Correct, Hayden W. Griswold, Jr.,"which map or plan is on file in
the South Windsor Town Clerk's office,reference to which is hereby made,and being bounded,
all as shown on said map:
`> NORTH by the Second Piece hereinafter described,162.58 feet;
EAST by Lot No.2,as shown on said map or plan,325.61 feet;
SOUTH by Deming Street,200.00 feet;and
WEST by land now or formerly of Gary Griili and Jean Grilli,as shown on said
map or plan,211.42 feet.
SECOND PIECE x
Known as 435,465,475,479,481,491 and 497 Buckland Road,and being shown and designated '
` as"Lease Area=3.11 Acres,""Lease Area=5.52 Acres,""Lease Area=1.25 Acres'and"Lease
a Area = 1.43 Acres" on a certain map or plan entitled "Resubdivision Plan Prepared For John
Samsel, Jr. Buckland Road South Windsor, Ct. Project 86-192A Date 1-24-89 Revision Date
10-4-89 12-27-89 3-19-90 3-29-90 6-13-90 Scale: 1 IN.=40 FT. Fuss& O'Neil Inc. Consulting
Engineers Manchester,Connecticut,"which map or plan is on file in the South Windsor Town
Clerk's office as Map No. 2068-A, reference to which is hereby made, and being bounded and
described as follows:
Beginning at a point in the west line of Buckland Road, which point marks the northeast
�.:,:..
comer of the premises herein described and thy,southeast corner of land now or formerly of The
Southern New England Telephone Company,as shown on said map or plan;thence running S 2° �
31' 27"E along the west line of Buckland Road,522.48 feet to a point;thence running along the
are of a`curve having a radius of 13,338.00 feet and along the west line.of Buckland Road,
' 220.25 feet to a point; thence running S 3° 26' 56" E along the west line of Buckland Road,
m ¢. 223.38 feet to a point;thence running S 86°33'04"W along land now or formerly of Carmon&
Co.and land now or formerly of John G. Samsel,both as shown on said map or plan, in part by
413611e6.2 079621-00020 -
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VOL. 1366PAGE 333
each, in all 400.00 feet to a point; thence running N 580 35' 47" W along land now or formerly
of Gary L. Grilli and land now or formerly of Steven A. Hershcopf and Wayne Gerlt, all as
shown on said map or plan, in part by each, in all 243.91 feet to an iron pin to be set; thence
running N ll° 18, 07"E along Lot 1, as shown on said map or plan, 428.99 feet to an iron pin to
be set; thence running N 78, 50, 04" W along said Lot 1, 201.16 feet to an iron pin to be set;
thence running N 18' 22' 04" E along land now or formerly of Robert A. Jones and Phyllis
v Townsend,as shown on said map or plan, 164.47 feet to a merestone; thence running N 8511 47'
31"E along land now or formerly of Richard S.Kelley,as shown on said map or plan,317.90 feet
to a point; thence running N 00 50' 16"E along land now or formerly of said Richard S. Kelley,
206.23 feet to a point; thence running N 86' 49' 50" E along land now or formerly of said
Richard S. Kelley and land now or formerly of the said The Southern New England Telephone
Company, as shown on said map or plan, in part by each, in all 301.79 feet to the point of
- beginning.
Together with the following easements:
17
(a) A 20 foot wide easement for the installation, use, maintenance, repair, replacement and
inspection of one or more sanitary sewer lines,and other utility facilities,with the right to change {
the size thereof, the centerline of which easement is an existing 8 inch sanitary sewer, which
easement is shown and designated as "Proposed 20' San. Sewer Easement To Samsel" on the
map or plan referred to above in the description of the Second Piece.
4
(b) A_20 foot wide easement for the'installation, use, maintenance, repair, replacement and
inspection of one or more drainage pipes or lines, and other utility facilities, with the right to
change the size thereof, the centerline of which easement is an existing drainage pipe or line,
which easement is shown and designated as"Proposed 20'Drainage Easement to Samsel"on the
map or plan referred to above in the description of the Second Piece, and including without
limitation the right to drain water through said easement to an area shown and designated as
"Detention Basin To Be Maintained By Samsel," and located approximately as shown on the
map or plan referred to above in the description of the Second Piece,which area is located in part
within Lot 1,as shown and designated on said map or plan.
EXCEPTED PIECE
EXCEPTING AND EXCLUDING,however,the premises described in a certain warranty deed
from Samsel Properties Partnership to the State of Connecticut dated January 13, 1993 and
recorded in the South Windsor Land Records in Volume 695, Page 118, and being more
particularly described as follows:
That certain parcel of land situated on the westerly side of Present Buckland Road,
containing 0.064 of an acre,more or less,and being bounded and described as follows:
EAST by Present Buckland Road,200 feet,more or less; '-
SOUTH by Present Buckland Road, 10.24 feet;
413611E6.207%2L-00020
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Town of South Windsor General Map nl
Connecticut ROAD NAMES
Am,I%Wil Date Printed: October 27,2003 PARCELS
0 300 Feet
19 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.
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
�ftoSOR-CO AREA CODE 860/644-2511
December 10, 2003
CERTIFIED#70001670000775520054
LMJ Cafes, LLC
465-Buckland Road
Center Unit
South Windsor, CT 06074
Re: Appl.#2594-03—LMJ Cafes,LLC, 465 Buckland Road,RC zone
To Whom It May Concern:
At the meeting of the South Windsor Zoning Board of Appeals held on December 4, 2003, the
Board denied your request for a variance to section 5.1.2 to allow two pool tables (billiard halls
allowed in GC zone only) at 465 Buckland Road, center unit, RC zone.
The Board stated the following reasons for denial:
1. The business is in a RC zone,which does not allow this type of entertainment.
2. The business is surrounded by the Buckland Gateway Development zone.
3. Marketing does not match the type of area the Town is trying to create.
Very truly yours,
� r
Marjorie Anthony, Vice Chairpers n
Zoning Board of Appeals
MA:dr
cc: Building Department
I, Marjorie Anthony, Vice Chairman of the South Windsor Zoning Board of Appeals hereby certify that
on December 4, 2003 the Zoning Board of Appeals granted to: Doyon Builders, P.O. Box 315,
Ellington, CT., a 6' variance to section 10.2 to allow a garage to be constructed 34' from the front
property line (40' required) A-20 zone.
on premises located: 40 Brian Road
and more particularly bounded and described as follows:
A certain piece or parcel of land, together with the buildings and.
improvements thereon and the appurtenances thereto, situated in the
Town of South Windsor, County of Hartford and State of Connecticut
and known as Lot No. 28 on a map entitled "Spencer Heights
developed by Contemporary Homes, Inc. South Windsor, Conn. John J.
Mozzochi Civil Engineer Glastonbury, Conn. A-54-40 B Scale 1" - 601.
June 21, 1954 revised 7-8-54" which map or plan was filed in the
South Windsor Land Records on July 27, 1954 and to which.reference
may be had for a more particular description thereof.
Said premises are more particularly bounded and described as
follows.
NORTHERLY: By Lots Nos. 41 and 42 on said map, partly on each,
in all One Hundred (100) feet;
EASTERLY: By Lot No. 29 on said map, Two Hundred (200) feet;
SOUTHERLY: By Brian Road, so-called one Hundred (100) feet;
and
WESTERLY: By Lot No. 27 on said map, Two Hundred (200) feet.
OWNER OF RECORD: Miguel A. Gomes &Montserrat Ferres
Dated at South Windsor, Connecticut this 1 Oth day of December, 2003.
Marjorie Anthony, Vice Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2003
at
VOLUME
PAGE
TOWN CLERK
S0W N Sf4
AA
P'
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
SOR•c0 AREA CODE 860/644-2511
January 5, 2004
CERTIFIED#70020510000081151591
2ND NOTICE
LMJ Cafes, LLC
465 Buckland Road
Center Unit
South Windsor, CT 06074
Re: Appl.#2594-03—LMJ Cafes,LLC,465 Buckland Road,RC zone
To Whom It May Concern:
At the meeting of the South Windsor Zoning Board of Appeals held on December 4,2003, the
Board denied your request for a variance to section 5.1.2 to allow two pool tables(billiard halls
allowed in GC zone only) at 465 Buckland Road, center unit, RC zone.
The Board stated the following reasons for denial:
1. The business is in a RC zone,which does not allow this type of entertainment.
2. The business is surrounded by the Buckland Gateway Development zone.
3. Marketing does not match the type of area the Town is trying to create.
Very truly yours,
Marjori Anthony, Vice Chairp6json
Zoning Board of Appeals
MA:dr
cc: Building Department