HomeMy WebLinkAboutVariance (730) r TOWN OF SOUTH WINDSOR Application #05-M-D?)
APPLICATION FOR Date 5
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 ITyE�MS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED.
MN
� .,..F'
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: Saczawa Partnership, c/o Ellen S. Andrulat
2. Mailing Address: 1370 Main Street
South Windsor, CT 06074
3. Telephone#: 528-8260
4. Owner of record of property in question: same
5. Location of property in question: 253 & 255 Chapel Road
Assessor's Map# 22 Parcel# 24 Zone CD
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners). Partnership
7. Please indicate if the applicant is owner, lessee, or prospective tenant: owner
8. Check one of the following:
( X) Request Variance to Section 10.2 of the Zoning Regulations to allow (See attached
narrative)
( ) 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 NO If yes, submit a list of liquor outlets, their locations and distances from the
property in question. N/A
11. Is this property within 500 feet of another town line? No
12. Is this property within the Connecticut Water Aquifer area? Yes o No 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
r
I hereby declare that the data& information contained herein is accurate to the best of my knowledge.
Dated this 15th day of May Year 2003
Applicant: �Q A�� w
d
(Signature)
OWNER: Agin GJ-Aan�mw
(Signature)
y y
d
Approved: Denied:
Revised 12/04/98
Narrative Statement
ZBA Application
Saczawa Partnership
253 & 255 Chapel Road
South Windsor, Connecticut
May 15, 2003
Requested variances are to Section 10.2 as follows:
a). Minimum parcel area for parcels 1 and 2: five acres required, 18,982 square feet
proposed(198,818 square feet variance) for parcel 1 and 17,585 square feet
proposed for parcel 2 (200,215 square feet variance);
b). Minimum lot frontage(150 feet required): parcel 1 - 104.33 feet(45.67 feet
variance) and parcel 2—95.53 feet (54.47 feet variance);
c). Maximum impervious coverage(65% allowed): on parcel 2, 82.1%(17.1%
variance);
d). Minimum front yard(50 feet required): parcel 1, 25.1 feet provided (24.9 feet
variance) and parcel 2, 30.3 provided (19.7 feet variance); and
e). Minimum side yard (20 feet required): parcel 1, 14.6 feet proposed(5.4 feet
variance) and parcel 2, 10.4 proposed (9.6 feet variance).
Saczawa Partnership owns a 0.83-acre parcel on the south side of Chapel Road presently
occupied by Quality Deburring and Fluid Dynamics, Inc. (Parker Store). The subject
parcel is in the I-291 CD zone. The applicants wish to subdivide the property into two
lots, one for each building at 253 and 255 Chapel Road, respectively. The purpose of this
subdivision is to facilitate the sale of one or both of the buildings.
The specific hardships or peculiar circumstances that support this application are:
1). Both buildings have been separately occupied by tenants and have been
separately operated for years, i.e.,they function independently.
2). With perhaps the exception of a new dumpster pad or the striping of parking
spaces, no site improvements appear necessary with this application.
3). Approval of this application would not discernibly alter the view of this site for
the motoring public.
4). The site was previously zoned as industrial, which allowed much smaller lots
than those allowed in the CD zone.
5). Development of this site pre-dated establishment of the I-291 CD zone, i.e., it
was not subject to the regulations under the I-291 CD zone.
6). Both parcels can support parking in conformity with the parking requirements
of the CD zone, without additional pavement.
7). The parcel as it exists today is non-conforming to the CD zone in the areas of
lot size, impervious coverage, and front yard (both buildings).
8). Parcel 1 is conforming to the CD zone impervious coverage requirements,
without site changes; however, proposed parcel 2 will exceed the impervious
coverage requirement.
9). Parcel 2 requires the proposed impervious coverage in order to meet parking
requirements and truck access requirements to the rear of the building.
10). Both buildings are non-conforming to the front yard setback in their present
situation.
11). Neither building can be moved in order to conform to the yard setback
requirements.
12). Approval of this application will allow the applicants to proceed with
marketing of the buildings on individual lots, which will greatly enhance their
marketability to an owner/occupant.
13). Other parcels along this section of Chapel Road do not conform to the larger
lot requirements of the CD zone, or essentially they are non-conforming.
14). The property has been in the Saczawa family for many years (it was
previously owned by Ellen's late father, Joseph Saczawa).
15). Both buildings are connected to public water and public sewer services.
16). The proposed property line was generally situated to be within the center of
the original parcel, and equi-distant from existing paved parking lots in the
front of the building.
We sincerely appreciate your consideration of this application. Thank you.
Y. Volume. 225 Page N2 127
e` 0.. ^s
i
- -- -- -._ ._._ e`
• Start of Moaattiltut
ftobdr g�of Eaftfafb. A p
U1 z"
Z. FRANCES F. DILLON .Assistant Clerk of the Court of Probate for the District of -
Hartford,in said State,and keeper of the seal thereof,do certify that it aprwars from the records and Ella of this $
I`? Court that Dorothy Bazylewicz
-
died a resident of Hartford in said District on the 1
14 th day of August 1974 ,lam leaving a will which was duly admitted to probate by said
Court on the l9th day of September 1974 ;that on the 19thday of September 1974 €
p i@GIG1t6Y,S,Y 7 letters tatamentwy under the will of said decedent
—issued to Jar,.Ps H. Throwe of South Windsor, Connecticut, f
the executor named in said will,and on the 20th day of September 19 74 by decree as of `
s record will more fully appear said Court limited and allowed three months thereafter for the presentation of all
claims against said decedent to the execut or tl0s7fCX of said estate and d iected that public notices
o/said limitation be given as 6y Statute required;that after the expiro:ion o/said three n onths said exeeut or
X a1Mrl MXrXX filed in Court an administration account and other returns which have been accepted
�e by the Court from which it appears that public notice of said limitation was given as directed in said order and ;
that all claims against said decedent presented to said executor within said time limited
r, have either been paid,settled, or barred by law, and that all legacies given by the terms of the will of said
decedent,which have not lapsed,and all succession or inheritance taxes due the State of Connecticut have been
fully paid and satisfied.
1 further certify,that by decedent's will there is devised to Joseph Saczawa
1 of South Windsor, son of said decedent, all such right, title and interest t
F a
as said decedent had at the time of her decease, in and to a certain piece _
or parcel of land together with the" f. t- , g buildings and improvements thereon
and appurtenances thereto, situated in the Town of South Windsor, County
Ark
• , of Hartford, known as 253 Chapel Road, and being particularly bounded
' and described as follows;
Beginning at a point in the southerly line of Chapel Road,
(formerly Ezekiel Road) which point is twenty-five (25) feet westerly
from the northwest corner of land now or formerly of Ellen M. Reardon;
thence running in a generally westerly direction along the southerly =f
line of said Chapel Road, a distance of two hundred (200) feet to a point;
thence turning and running in a generally southerly direction parallel to ' s
and two hundred twenty-five (225) feet distant from the westerly boundary E �.
Of land now or formerly of Ellen M. Reardon, a distance of two hundred
(200) feet to a point; thence turning and running 1n a generally easterly
direction parallel to and two hundred (200) feet distant from the southerly
` line of Chapel Road, a distance of two hundred (200) feet to a point;
thence turning and running in a generally northerly direction,
a distance of two hundred (200) feet to the point or place of beginning, j .:
Being the same premises described in a Warranty Deed dated January
1957 and recorded in Voliune 58, page 22 of the Town of South Windsor La
• Records on March_
}. T"C t A H
IN TESTIMONY WTEREOR41. RaFG hereunto affixed the seal of said
j=0
Court and subscribed My fiAiflk: Hartford, this 23rd day of June, A.D.,
1977.
Received For Record -
June 28, 1977 at 8:40 am n `
Charles N. Enes, Town Clerk ASSISTANT CLE:
: .`. ` rances on
y.
i
S
44
C
i
aaeatt�it rear�i�ear iw a aae Met� = # g a
`."' "��1ioe 1/itif�wiiite riTjis r irrlrl i�aaif�i� ''
b As ftM df rie.at{.tt
yy
ii.R; 4at�..a ri a►l�i�iesr tos ir"ear wdr{at�eetint wo Met
DESIGN PROFESSIONALS, INC.
civil engineers ♦ planners ♦ surveyors
gis ♦ gps ♦ landscape architects
June 25, 2003 RECE'vED
Marcia Banach,Director of Planning JUN 2 6 2003
Town of South Windsor
1540 Sullivan Avenue SDIJTH WNDSOR PLAWNG DEPF.
South Windsor, CT 06074
RE: ZBA Application DPI Project No. 03-1752
Saczawa Partnership
253 &255 Chapel Road
South Windsor, Connecticut
Dear Marcia:
On behalf of my client, Saczawa Partnership c/o Ellen Andrulat, I hereby withdraw the pending
ZBA variance application for the above-referenced site. Thank you.
Sincerely,
Design Professionals,Inc.
By: ,
Peter R. DeMallie
President
cc: Ellen Andrulat
Debbie Reid
165 South Satellite Road,South Windsor,Connecticut 06074
Tel:(860)291-8755•Fax:(860)291-8757
Email:dpicivil@aol.com
r
June 5,2003
Kahan
Kerensk &
CaYp
ossela LLP Nis, Michele Li e
Assistant Town Planner
'Town Hall
1540 Sullivan Avenue
Michael A.Kars South Windsor, CT 06074
Willumr.E.8tc,lau
,Joseph F C:ap(xsrla bear Ms. Lipe:
Suzanne 1.:.Crum
William J.Dakin Reference: University of Connecticut Memorabilia at 24 Jessica Drive
Mark W DieU:
Solurnon Kercnsky The purpose of this letter is to clarify any misunderstanding that Staff or Z.,BA
micMichael J J.Kops��l.
al n.Mat�ok members have in regard to my client's level of cooperation and willingness to
Samuel T.L. Neves, r. resolve this issue.
Donal)I,. Reiser
Stephen ti Sutton It is my understanding that a meeting of the parties was scheduled. But
Aniointte M.Wel,,;ter apparently, there was a miscommunication, resulting in my client appearing oil
Jelirey M.Winnick" site when the neighbors were not there, and the neighbors appearing on site when
my client was not there.
Robert T Kahan
(l U2Z-l9yci)
However, ultimately, a meeting did occur; and Mr. Polo offered to have the entire
�akn admnlyd In MA memorabilia covered during the winter. months, The neighbors have not yet
responded to this offer of settlement.
As you may know, discussions between Mr. Polo and Staff took place relative to
relocating the memorabilia; but no assurances could be given to him by your star'
or the Town Attorney's office that others would not request a further
I sincerely, hope that the Zoning Board of Appeals accepts the Town Attorney's
conclusion, as stated in his multi-page memorandum dated February 27, 2003,
and I quote_
"For the reason cited above, it is my opinion that the structure in the backyard of
24 Jessica Drive does not fall within the definition of`sign' as it appears in the
South Windsor Zoning Regulations because the structure's purpose is not `to
communicate information of any kind to the public.' It is my opinion that the
lcicphonc structure constitutes sports memorabilia, and not a `sign,' and therefore is not
(860) 646-1974 subject to the sign regulations at Section 17 of the South Windsor Zoning
Fn�sitt,ile Regulations."
(860) 647-9302
Please .make my letter a part of the record, as I want the Commission members to
41 Hartford Tnrnpikc be fully aware of the fact that Mr. Palo has Made every effort to attempt to resolve
Vernon,CT 06066-2181
satorncys9kkc:-law com
wW WJake..laW.con1
M 'd MH Lb9 098 'ON XU ONN Wd 9920 Z0 AHI £0H-SO-N
Ms. Michele Lipe
June 5, 2003
Paae.2
this issue in good faith. Unfortunately,through a miscommunication, his
neighbors failed to appear at what he thought was the arranged time.
Thank you for your cooperation in this matter.
Very truly,yours,
olomon K erensky
SK:blt
►10+
0 d
ZM 09 099 'ON XH 0xx Wd 9920 IIHI £02-50-Nr:
Members of the Zoning Board of Appeals
Town of South Windsor
June 2 2003
Reference: May 1,2003, Zoning Board Meeting; Mr. Pollo's highway sign, and our
agreement(Messer's: Pollo,Howe, Lisowski, McGuire) and the S.W. town zoning board
of appeals,to meet and create a plan to place the sign out of site that would satisfy all
parties.
This note is to inform the town(zoning board of appeals)that Dan Pollo did not appear at
his home, 24 Jessica Drive, at his suggested and prearranged time, 6:00 P.M., Monday,
5/19/03,to discuss a possible solution to this problem; Tim Howe and Pete Lisowski
waited 20-30 minutes for Dan. We have attempted to resolve this matter in good faith
with Mr. Pollo. Since he declined to meet with us, at a time arranged for his convenience,
to resolve the placement of his highway sign we again appeal to the board to uphold the
South Windsor town sign ordinance and order removal of this highway sign from our
public view.
Regards,
Messer's, Howe, Lisowski, and McGuire