HomeMy WebLinkAboutVariance (782) TOWN OF SOUTH WINDSOR Application # S S
APPLICATIONFOR Date gJ1,5 p a
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.
SE-G PONI O..�NRRAL WFORMAT
1. The application and supplements must be filed in duplicdte, 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: Lucien M. Grillo and Dorothy A. Grillo., .,.--.
2. Mailing Address: c/o 89 C1 earvi ew Drive
South Windsor, CT 06074
3. Telephone#: (860) 644-3142
4. Owner of record of property in question: Lucien M. Grillo and Dorothy A.`'Gri l l o
5. Location of property in question: 108 El I i ngton Road, South Windsor, CT
Assessor's Map# 5 - Lot 20 Parcel #3030-0108 Zone I-291 Gornt�Qan Ey�opYw `
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners). _N/A
SECTIONII-RE UIRED INFORMATION continued
7. Please indicate if the applicant is owner, lessee, or prospective tenant: Owner
8. Check one of the following:
ft) Request Variance to Section 5.9.5a of the Zoning Regulations to allow reduction of the
minimum lbt area of a nonconforming property.
( ) State hearing under Section of the General Statutes for N/A
( ) An appeal from the Zoning Officer's decision involving N/A
9. Is this a request for a sign variance? If yes, complete and submit the sign checklist information.
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 or 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.
Please see attached addendum.
SEGTIONltl-DATESAND SZGIVA:?'IIRES ._...
I hereby declare that the data& information contained herein is accurate to the best of my knowledge.
Dated this 14th day of August Year 2002
Applica
Lucifin M. Grillo (Signature) Doroth 11 o
OWNE )/j
L uc iqn M. Gri 11 o (Signature) Doropy r i 116
SECTION IV- ACTION C7F"THE,IOARD
Approve Denied:
® .r
Revised 12/04/98
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Said premises being now of formerly known as No. 108 Ellington Road and being more
particularly bounded and described as follows:
Beginning at an iron pin which marks the northwesterly corner of the premises
herein described and the northeasterly corner of other land of the grantees; thence
running along land now or formerly of the State of Connecticut, a distance of One
Hundred Forty(140) feet along the arc of a curve to an iron pin which pin marks the
northeasterly corner of the premises herein described, thence turning and running South
50' 15' 40"East a distance of Four an Six One-hundredths (4.06) feet to an iron pin;
thence turning and running South 57' 51' 20"East a distance of Twenty-three and Ninety
one-hundredths (23.90) feet to an iron pin; thence turning and running South 43' 51' 10"
East a distance of Ninety-Seven and Seventy-one one-hundredths (97.71) feet to an iron
pin situation in the westerly street line of Ellington Road also known as Route No. 30
thence turning and running southerly 49' 12' 0" along the Westerly street line of
Ellington Road a distance of Seventy-three and Ninety-seven One-hundredths (73.97)
feet to a C.H.D. stone' thence turning and running north 62' 59' 10"West along the
northerly boundary of other land of the grantees a distance of One Hundred Fifty-One
and Sixty-eight one-hundredths (151.68) feet more or less to the point or place of
beginning.
Being the same premises conveyed to the Grantor and the Grantee herein by
Warrantee Deed(Survivorship) from Anthony S. Magaldi and Beatrice Magaldi dated
December 20, 1973 and recorded in Vol. 174 at page 4 of the South Windsor Land
Records.
ADDENDUM TO ITEM 13
APPLICATION OF LUCIEN M. and DOROTHY A. GRILLO
The hardship in the case of this application derives from several factors,the first
of which is that over the years changes in the zoning regulations have rendered this
previously existing residential use, non-conforming as to both use and area requirements.
In addition, a substantial portion of the area of the subject property was taken by the State
for highway and exit purposes back in about 1975. Furthermore, this residential use,
which has been in existence for probably in excess 60 years, has been adjacent to, and
northerly of, a restaurant establishment which was owned and operated by the Applicants
for more than 30 years. Part of the site plan for that restaurant establishment(which was
approved around 1975)required that approximately 1,500 square feet of area of the
southerly side of the subject property, which the Applicants are seeking ZBA approval to
convey,was required in order to provide for adequate parking.
The Applicants, who have retired from the restaurant business after many years,
sold the restaurant property to another party in July of 2002. At that time they had
intended to also convey said approximate 1,500 square feet of their residence piece with a
portion of the parking area as well. However, they subsequently learned that, although
their residence property is already grossly non-conforming (at approximately 13,000
square feet) to the 5 acre minimum area of the I-291 Corridor Development Zone which
the subject property is now located in, they would need a variance to legally convey said
strip of land because it would make the remaining parcel more non-conforming.
If the Commission were to grant permission to the Applicants to reduce the area
of the subject residence property, thus allowing them to legally convey this strip of land
to the restaurant parcel to the south; it would allow the restaurant to have all of its
parking area as part of the fee interest of the restaurant parcel. This would also make the
Town assessment process more clear for both the restaurant parcel and the subject
residence parcel. If the variance is granted it will clarify a circumstance that was legal
when created and has been in existence for more than 25 years.
This situation is highly unique as both the subject residence parcel and the
restaurant parcel are non-conforming uses that were both legal at the time they were
created. The parcels are also isolated by State land to the north, and are configured as
part of triangle of land formed in conjunction with a gasoline convenience store/service
station to the south. The area of the all three parcels together, if combined, is
substantially less than the 5 acre minimum area of the I-291 Corridor Development Zone.
Therefore, it is highly unlikely that the these parcels would ever be combined in the
foreseeable future for purposes of any development envisioned in the I-291 Corridor
Development Zone.
ti
` -own ol�e SoaLl-i ?A;adsot
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
'~OSOR.CO TELEPHONE (860) 644-2511
September 11, 2002
CERTIFIED #70001670000189221950
Brady, Willard&Alexander
Attn: Attorney Ralph Alexander
330 Roberts Street, Suite 400
East Hartford, CT 06108
Re: Appl. #2554-02 —Lucien M. & Dorothy A. Grillo, 108 Ellington Road, I-291 Corridor
Development zone
Dear Attorney Alexander:
At the meeting of the South Windsor Zoning Board of Appeals held on September 5, 2002, the Board
approved your request for a variance to section 5.9.5a to allow reduction of the minimum lot area of anon-
conforming property at 108 Ellington Road, I-291 Corridor Development zone.
The Board concluded the hardship on the property to be that the property pre-dates zoning regulations.
These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own
expense.
Very truly yours,
Marjori Anthony, Vice Chairri4n
Zoning Board of Appeals
RW:dr
cc: Building Department
Lucien M. &Dorothy A. Grillo
I, Marjorie Anthony, Vice Chairman of the South Windsor Zoning Board of Appeals hereby certify that
on September 5, 2002 the Zoning Board of Appeals granted to: Lucien M. &Dorothy A. Grillo, a
variance to section 5.9.5a to allow reduction of the minimum lot area of a non-conforming property, I-
291 Corridor Development zone.
on premises located: 108 Ellington Road
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: Lucien M. &Dorothy A. Grillo
Dated at South Windsor, Connecticut this loth day of September, 2002.
arjo ' Anthony, Vice Chai an
PUBLIC ACT#75-317
Received for Record this day of 2002
at
VOLUME
PAGE
TOWN CLERK
LEGAL DESCRIPTION OF SUBJECT PROPERTY
Said premises being now of formerly known as No. 108 Ellington Road and being more
particularly bounded and described as follows:
Beginning at an iron pin which marks the northwesterly corner of the premises
herein described and the northeasterly comer of other land of the grantees; thence
running along land now or formerly of the State of Connecticut, a distance of One
Hundred Forty(140) feet along the arc of a curve to an iron pin which pin marks the
northeasterly corner of the premises herein described, thence turning and running South
501 15' 40"East a distance of Four an Six One-hundredths (4.06) feet to an iron pin;
thence turning and running South 57' 51' 20"East a distance of Twenty-three and Ninety
one-hundredths (23.90) feet to an iron pin; thence turning and running South 43'51' 10"
East a distance of Ninety-Seven and Seventy-one one-hundredths (97.71) feet to an iron
pin situation in the westerly street line of Ellington Road also known as Route No. 30
thence turning and running southerly 49' 12' 0"along the Westerly street line of
Ellington Road a distance of Seventy-three and Ninety-seven One-hundredths (73.97)
feet to a C.H.D. stone' thence turning and running north 62° 59' 10"West along the
northerly boundary of other land of the grantees a distance of One Hundred Fifty-One
and Sixty-eight one-hundredths (151.68) feet more or less to the point or place of
beginning.
Being the same premises conveyed to the Grantor and the Grantee herein by
Warrantee Deed(Survivorship) from Anthony S. Magaldi and Beatrice Magaldi dated
December 20, 1973 and recorded in Vol. 174 at page 4 of the South Windsor Land
Records.
JOHN FITCH BOULEVARD
U.S. ROUTE 5
R=879.25
L=16.27
T=8.14
WA p=1'03 3
R=427.47
rn STA7E N/F L=103.67
_ CONNEC71CUT T=52.09
=13'53'43"
N/F 23.7' s
LUCIAN M. &
DOROTHY A. GRILLO
ro
EXISTING
y� c���\ HOUSE SN T 20 0
" �1 3�7' ! EXISTING BIT. DRIVE
N
.a to v?p 1' f
N STATE OF NCONNECTICUT
vl
P
!
CYI
3.91'
S35'48146»w
:ro
ELLINGTON ROAD
ROUTE 30
MAP REFERENCES:
1. TOWN OF SOUTH WIIDSOR MAP SHOWING LAND R RIGHT OF ACCESS
ACQUIRED FROM MARIE 0. SEMPONARO BY 114E STATE OF CONNECTICUT ROUTE
291 - SCALE I'-4W SEPT 1962 REV.TO 1-8-83 BY HOWARD S. IVES
NOTES HIGHWAY COMMISSIONER.
THIS SURVEY AND MAP HAS BEEN PREPARED IN ACCORDANCE WITH SECTIONS 20-300b-1 THRU IN TH b-20 1. ALL MOMIMENTATION FOUND OR SET IS DEPICTED HEREON. 2. TOWN OF SOUTH WINDSOR PLAN SHOWING LAND TO BE RELEASED TO RUTH
OF THE REGULATIONS OF AS NDORS T STATE AGENCIES I 'STANDARDS FOR SURVEYS AND MAPS INC.THE 2 PROPERTY IS IN CD ZONE M. SAMPONARO BY THE STATE OF CONNECTICUT EAST HARTFORD
STATE OF CON CONFORMS O ENDORSED BY THE CONNECTICUT ASSOCIATION OF LAND SURVEYORS, 3.AREA OF PROPERTY- 13,100 Sq. Ft. SPRINCFIELD ROAD AUG. 1946. SCALE V-40' WILLIAM J. COX HIGHWAY
THIS SURVEY CONFORMS TO HORIZONTAL ACCURACY $5 A-2.
/ 0.30 Ar. COMMISSIONER.
TO THE BEST OF MY KNOWLEDGE AND BEUEF S M IS SUBSTANTIALLY CORRECT AS NOTED HEREON. 4.PROPERTY IS NON-CONFORMING 70.
a))AREA REQUIREMENTS 3. PREPARED FOR ATLAS OIL COMPANY 80 JOHN FITCH BOULEVARD. SOUTH
A PROPERTY IS LOCATED IN ZONE X -AREA DETERMINDED TO BE OUTSIDE WINDSOR. CT.SCALE 1'-10 Fr.MAY 16, 1986, REVISED 8-22-86 BY ALFORD
12882 500 YEAR FLOOD PLAIN AS PER FIRM PANEL 9 OF 11 MAP REVISE)FEB. ASSOCIATES, INC.
RICHARp P.MANTEL UC. No. 6.HORIZONTAL DATUM- NAD'83 4. PLOT PLAN OF PROPOSED PARKING AREA LOU'S DRIVE-II RESTAURANT,
ELLIIGTON ROAD 8:JOHN FITCH BOULEVARD SOUTH WINDSOR,CONNECTICUT.
1'-20'REV TO JAN. 27,1978 BY PETERSEN 8:HOFFMAN.
T.UNLESS OTHERWISE NOTED,EXISTING UTILITY REVISIONS GRAPHIC SCALE j (860) 291-8755 RESURVEY ON PROPERTY OF SHEET
LOCATIONS AS sHDTIN ARE BASED ON Lvcian M. Grillo and momm mvEy
AVAILABLE INFORMATION.ALL EXISTING UTfl.IT1ES 4o D z0 4o esign
SHOULD EN FIEED L ND SLID YOR RI Cp1S1RI1C11DN. rofessionais, Inc. Dorothy A. Gallo
2. KL UTNJTIES ARE To BE STAKED R1 THE FIELD
By
A LICENSED LAND SURVEYOR PRIOR TO 7� OF
IMPRESCONSTRSION
S. 108 EllhWon R OAANN BY.• MHA „(g MO.:766?
3.THIS PLAN IS INVALID UNLESS IT BEARS THE
F THE PR SEAL AND NGI NE SIGNATURE 1 inch = 40 feet civil engineers planners • surveyors • gis
OF THE PROFESSIONAL ENGNEER/SURVEYOR NO. DATE DESCRIPTION BY 165 south satellite road, south windsor, Connecticut 06074 SOUTH WINDSOR CONNECTICUT aVEO Br. RP,U OAIE.• 7-17-0.2