HomeMy WebLinkAboutVariance (793) TOWN OF SOUTH WINDSOR Application —
,APPLICATION FOR Date
ZONING BOARD OF APPEALS Receipt# j
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.
SECTrNr�
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:
3. Telephone #: d6 6— �C/�J- -Swo
4. Owner of record of property in question:
5. Location of property in question:
Assessor's Map # U_ Parcel # `�-2 Zone P A -�d
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners).
1: s�
7. Please indicate if the applicant is owner, lessee, or prospective tenant: Gt' ► ,/
8. Check one of the following:
( Request Variance to Section 10, 2 of the Zoning Regulations to allow �dir►s-�hz i�
a�- o- C� ort°G� w, -� �r�-►-�- sue-��,
( ) 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. tx-)
10. If application is for a variance to Section 3.12,are there any liquor outlets within the restricted area,
(500 feet)? YES or4P 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?
12. Is this property within the Connecticut Water Aquifer area? Yes r 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.
S� -► -1Cffi� SH�-r
k. a
I hereby declare�that
the data& information contained herein is accurate to the best of my knowledge.
Dated this �, T ay 9f Wyk Year 2605�'
Applicant:
gnature)
OWNER: L&
(Signature)
M: IX .
Approved: Denied:
Revised 12/04/98
To: Town of South Windsor
Zoning Board of Appeals
From: Scott R. Kelley
389 Slater Street
South Windsor, CT 06074
Re: Application for ZBA
Answers to Question#13:
1. Our house was constructed in 1949 and possibly prior to zoning.
2. We have worked with Dennis Davey, a registered architect,to enhance the front
of our home and he has recommended the installation of the deck and railing as
proposed.
3. The deck and railing will enhance the aesthetics of our house, which in turn will
enhance and preserve property values in the neighborhood, consistent with the
purpose and intent of zoning.
4. The existing house is nonconforming to the front yard setback along Slater Street
at 46±feet.
5. Our lot is a corner lot, requiring a front yard setback along two streets. Our house
is set back approximately 110 feet from Deming Street.
6. We cannot move the house back in order to install the proposed deck and railing.
Thank you for your consideration in this matter.
Respectfully,
Scott R. Kelley
t � Y
f.
VOL. 15 91 PACE 174
WARRANTEE DEED
To all People to whom these Presents shall come, Greetings:
KNOW YE THAT CAROL S. KELLEY for consideration received grant
r� to SCOTT R. KELLEY, and LISA FLEET KELLEY, of the Town of South
Windsor, County of Hartford and State of Connecticut, 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 z,
and being more particularly bounded and described as follows:
Beginning at a point in the northwesterly line of Slater k>
Street at the southerly corner of land of Melvin Schmidt, et al; _7,11
thence running southwesterly along the northwesterly line of Slater
Street and westerly along the southerly line of Deming Street to
the southeasterly corner of land of Francis H. Rowe, et al; thence
running northerly along the easterly line of land of Francis H. '
Rowe, et al, one hundred seventy-five (175) feet to a point; thence
£. . running westerly along the northerly line of land of Francis H.
Rowe, et al, seventy-five (75) feet to a point; thence running
�X ?�. northeasterly along the southeasterly lines of lands of Francis H. _
Rowe, et al, and of Melvin Schmidt, et al, partly along each, in
all two hundred ten and forty-five one-hundredths (210.45) feet to 1.1
a point; thence running southeasterly along the southwesterly line
of land of Melvin Schmidt, et al, two hundred thirty-one and sixty- .'
+ / eight (231.68) feet to the point of beginning.
t,F�
e Said premises are conveyed subject to taxes on the South
t Windsor Grand List of October 1, 2003, not yet levied, to any and
all provisions of any ordinance, municipal regulation or public or
private law.
�� CONVEYANCE TAX RECEIVED
00/
Signed this 31st day of March 2004. STATgF,�S o� LOCAL S
Signed and Delivered in the presence of: U
R.
TOWN CLERK OF SOUTH VVINUSOR
vR,.N-+m
v WITNESSED BY: GRANTOR:
li x e1ts;�, w w,y„)s
/
STATE lOF CONNECTICt7T,�
ti+ ) ss South Windsor
r ... COUNTY OF HARTFORD )
Personally Appeared CAROL S. KELLEY, as aforesaid, Signer of
the foregoing Instrument, and acknowledged the same to be her free
s _ act and deed before me.
{1 1 C YY./a-
�> pECEIVED ORRECOR Melissa h9e u:amg o Superior Court/
DATE G _ �. NotaryP r otary Pub
�T 71ME M. State o+C rna ctic:ut Mssion Expires
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F; TOWN CLERK.S UTH WINDSO.R.CT
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Transmitted via certified mail
November 2005
DEC 7 — 2005 o i�,�����
To: Francis and Elizabeth Rowe
560 Deming Street SOUTH IA lidi�0\1'1.1�1-'a'!G DcPT.
South Windsor, CT 06074
From: Scott and Lisa Kelley
389 Slater Street
South Windsor, CT 06074
Re: Application to Zoning Board of Appeals
Front setback variance for a wood deck
Scott and Lisa Kelley
389 Slater Street
South Windsor, CT 06074
Dear Hal and Sue,
In accordance with Rules and Regulations of the Zoning Board of Appeals, we are
required to notify you that an application has been filed on the property abutting yours at
389 Slater Street and are subject to a hearing by the Zoning Board of Appeals. We would
like to add a small deck on the front and side of our home and are requesting a variance
of the zoning regulations to do so. The application and plans are on file with the South
Windsor Planning Department in the Town Hall.
All members of the public are invited to the hearing to ask questions and/or give
comments. You may also submit written comments regarding the application prior to the
hearing if you so desire. For further information regarding the specific date this
application will be heard,please contact the South Windsor Planning Department at 644-
2511, ext. 253.
Respectfully,
Scott R. Kelle
389 Slater Street
South Windsor, CT 06074
860-644-5430
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Town of So CONDOS
South Windsor
General Map N
Connecticut PARCELS
389 Slater Street FLOODPLAIN (FEMA.)
Date Printed: December 20,2005
0 200 Feet
ROAD NAMES
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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FRANCES H. & P
EUZABETH B. ROWE O N
20 MELVEN &SHERLEY
'Oil l SCHMIDT
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NOTES.
J � 1. PROPERTY IN ZONE AA-30.
'INIS
REO --11SR%V AND NAP HAVE BM STA E EPARMAMICI N A10-MOSI M N SEC=FOR WHEYS N MA x SHE ETA or nc � �000,
/ / / � /
REpAw.:�lf5 OF Cq�EC71GVT STATE AGfNpES-LM1Y STANpARD$FOtt S1R,EY5 NO MAPS N THE STATE OFS� / MAP REFERENCE:
001INECTM AS IMMSM 9Y THE aNNEO r ASSOCTATM awn SURVEYORS NO.THIS PLAN WAS COMMED
IRON oSO MAPS.REOORD RESEARCH oT1ER SOL M a NFpN MK IT a NOT 10 K CONSTR As \
HAVNO BEEx OSTA.ED AS THE RE FlELD RVEY.AND IS SUMOT TO SUCH CHANGE AS AN ACCURATE
Fg" \ 1. PROPERTY MAPPED FOR ROBERT N. & DOROTHY WILLIS, CORNER
THE seer OF NY D eLL1EF TN S MAP IS SIRSTANTIAU r cae Ecr As NOTEo HEREON — —T2SEY OF SLATER & DEMING STREET SOUTH WINDSOR. CONNECTICUT BY
,C-N. i FUSS & O'NEILL
Tel. 860.291•8755 COMPILATION PLAN PREPARED FOR: SHEET
1.UNLESS OTHERVASE NOTED.EXISTING UTILITY REVISIONS GRAPHIC SCALE Fax 860.291.8757
LOCATIONS As SHOVMINFORMATION.
ARE BASED ON es'9n SG'rpTT' KELL.�'Y ROM PEM
SHARABLE IFIELD VnON.ALL PRIOR
TOG R
�G°� TI FIELD RE TO B PRIOR D NTHEFIELD
CONSTRUCTION. 40 20 '° rofessionals, inc.
2 ALL ununEs ARE To BE STAKED x1 THE FlELD
BY A LICENSED LAND SURVEYOR PRIOR TO TION �1$g Ian �1 /y1
3. THIS CONSTRPLAN IS INVALID UNLESS IT BEARS THE i civil engineers • planners . surveyors SLATER ER & DE �5 MEET DRANN BY' NNA .K.iB NO..:2199 � OF
IMPRESSION SEAL AND ORIGINAL SIGNATURE 1 inch = 40 ft. landscape architects • gin .gps
OF THE PROFESSIONAL ENGINEER/SURVEYOR. NO. DATE DESCRIPTION BY 165 South Satellite Rood South Windsor. Connecticut 06074 1 SOUTH WINDSOR, CONNECMUIT G7AED Or RPM DAM, 11-15-05
From: Michele Lipe
To: tberstene@workforceplanning.com
Date: 2/28/06 9:47AM
Subject: Kelly ZBA application-Slater Street
Hi Tom,
I will be out of town on Thursday(my father in law passed away)so I will not be able to attend the ZBA
meeting.
I did want to let you know that I researched the Kelly ZBA question and can offer the following:
At the time the house was built, the property was zoned "Residential"and required a 40 foot building line
for the front yard setback. I will have Debbie bring a copy of the zoning map as well as the regulations
that were in place at that time.
Secondly, I had engineering department check and there is no clear record when/if Slater Street was ever
formally accepted as a town road.We have assumed a 50 ROW in that area.
Hope this is helpful. I'll talk to you when I get back.
Michele
CC: Debbie Reid; Stephen.g.wagner@US.westinghouse.com
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11
1
I BUILDING ZONE REGULATIONS
for
The Town of South Windsor,
Connecticut
I �
I
- REGULATIONS LIMITING THE HEIGHT AND BULK OF BUILDINGS
HEREAFTER ERECTED, DETERMINING THE AREA OF YARDS,
COURTS AND OTHER OPEN SPACES, RESTRICTING CONGESTION,
RESTRICTING THE LOCATION OF TRADES AND INDUSTRIES AND
THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES
AND ESTABLISHING THE BOUNDARIES OF ZONES FOR THE SAID
PURPOSES AND PROVIDING PENALTIES FOR THEIR VIOLATION
i
t .
f
° ° a 8 c a °° a The Zoning Commission hereby adopts the following regulationsi
y o fin 9 1 S. ; 8 � a; a 5Or
co y. �,Q e w �, Section I—Kinds of Zones
y •uopuau 1p paambaa 1sual For the purpose of promoting the health; safety, morals, and general
N I a I aqq ;o aasnbs aq3 aalmy welfare of the community; for the purpose of lessening congestion in
q o the streets; for the purpose of providing adequate light and air; for the
N \ow �� c c purpose of preventing the overcrowding of•land and avoiding undue con-
0 c v .a w b a^; a centration of population; for the purpose of facilitating adequate provi-
a w o a w- w o r. cam° sion of transportation, water, sewerage, schools, parks and other public
W �'A 8,e.0 requirements; for the purpose of conserving the value of buildings and
a Oo chout the town; for
a .[0 0 0 M c q the purencourapose f providin the most g forthe public health, comforiate use of land grt, and general el-
5Q �y ° 4 „ ,, 8 fare in living and working conditions; for the purpose of regulating and
�7 •��w a V•� o a 0 0.,a b' -a restricting the location of buildings designed for specified uses; for the
►'� a d a� ,e,;''� ° o a- O 8 ,°e 8 purpose of regulating.and limiting the height and bulk of buildings here-
'° � °� ° after erected, and for the purpose of regulating and determining the area
q = °' m w ° m w of yards, courts, and other open spaces for buildings hereafter erected
„� cd�:b.e1 dd m,Gw�,�. O�O' 'a -d �O O y P l� g r
w a,�. 4 8� ° °,� �� �° � the Town of South Windsor is hereby divided into three classes of zones
N o °ti' eo 0 zs W e�Dub,D c�„ 1. Residential
Zrra�=d�, a�Oo '3... 8— .2. Business Zones
a •apls S. Industrial Zones
W a ° c y; Iaaate ho -n 9I 'uT�
A a d'w col aauao�guise aulq as shown on the Building Zone Map which accompanies these regulations
x D+ BuTpling pus spusa6 and is declared to be a part thereof. No building or premises shall be
used, and no building shall be erected or altered, except in conformity
vi a aaueacptoa<g3;oaaessea}oeaep - with the regulations herein prescribed for the zone in which such build-
. E1 o d A. N � uo epaige 2ulwaeaalut y uaa alaq
G aJ ooz a lap in or remises is located.
fz. � a> ...� ..a� apie aaggTa ao• o gage g I?
1a (� aoi Jeeip 3o apie awes uo•eeplq
Bq paeaaego eauri:qaeg3ae snd
C n [ ti.`; 00, �,C11 Section II—Use Regulations Controlling Residence Zones
W °o� P4 3 0 w m ° �, In a Residence Zone, subject to-the provisions of Section VI, no
building or premises shall be used and no building shall be erected or al-
fa x) I I tered which is arranged,
intended or designed to be used except for one`
g ILO
x or moreof the followinguses:
p k L Dwellings, ineltiding the office of a physician, surgeon, dentist,
W N architect,. engineer, lawyer, sales agent, dressmaker, artist, or musi-
� 4
ce I oo (� clan, when situated in the same dwelling or apartment used by such
physician, surgeon, dentist, architect, ..engineer,; Iawyer, sales agent,
Z x 8 eo I I dressmaker,. artist, or musiciian as'his private dwelling, or the renting
� o - a �
1.4 � am,•-� m of rooms or the furnishing of table board to not more than five paying
E °� guests in a building used as a private residence.
X E= R. 4 0 d �, ?. Churches.
a 'g 3. Schools, public libraries or public museums.
4. Clubs, except clubs, the chief activity of which is a service car-
ried on as a business.
5. Philanthropic or eleemosynary uses or institutions other than
q 8 o I g I I m correctional institutions or asylums for the insane.
•. 6. Railroad passenger stations and central telephone exchange
buildings.
8 w I N I N I ti 7. Parks and playgrounds.
8. Farming, truck gardening, nurseries or greenhouses.
ca 9. Accessory uses customarily incident to the above uses, the term
I :
`'accessory use'`, however, not including a business, or any building or 20. Any kind of manufacture or treatment other than the manufac-
use not located on the same lot with the building to which it is acces- ture or treatment of products clearly incidental to the conduct of a re-
sory. A garage or group of garages for more than three motor vehicles tail business conducted on the premises.
shall not be permitted as an accessory use; but such a garage or garages 21. Motor vehicle parking station or storage and sale of used motor
need not be occupied by the motor vehicles owned by the occupant of the vehicles, except as permitted in Section XIII. .
premises to come within the definition of an accessory garage. This pro- 22. Dumping of any materials other than earth, ashes, cinders or
vision shall not be deemed to limit the number of commercial trucks or other usual material necessary for grading purposes.
cars used upon a farm. 23. Storage or display of materials or machines, except equipment
A billboard, signboard, or advertising sign shall be in no case per-
mitted as an accessory use. The placing of a "for sale" or "for rent" i, necessary for the conduct of a business, between any establishment,
building line and any street line.
sign not exceeding four square feet in area shall, however, be peymitted
as an accessory use. ,P No use permitted in a Residence Zone shall be excluded from a Bus
In a Residence Zone no dwelling shall be erected, altered or used ex- iness Zone. Nothing in this section shall be deemed to exclude a news
cept as a one or two family detached dwelling. paper establishment, job printing or accessory printing establishment
or an electric substation from a Business Zone.
Sec. 92c Nothing herein contained shall be construed to prevent
any owner of land from advertising on his land any business conducted
or any products manufactured, produced or raised,by him thereon; nor
the marketing by him from!roadside structures of produce raised or I . Section IV—Use Regulations Controlling Industrial Zones
goods manufactured or produced thereon: In an Industrial Zone there shall be no restriction as to use for which
buildings may be erected or altered or the use to which buildings and
premises may be devoted except that no building or premises shall be
Section III—Use Regulations Controlling Business Zones used which shall be detrimental to the health or safety of surrounding
property, nor shall any trade or use be permitted that is noxious by rea-
In a Business Zone subject to the provisions of Section VI, no build- son of the emission of odor, dust, noise, gas, acids or smoke.
ing or premises shall be used and no building shall be erected or al-
tered, which is arranged, intended or designed to be used for the follow-
ing specified trades, industries.or uses: d Section V—Non-Conforming Buildings and Uses
1. Multifamily dwelling including any building accommodating five
-families or more. j Any non.conforming use existing at the time of the passage of these
2. Building material storage yard. regulations may be continued, and any existing building designed, ar-
3. Bottling works. ranged, intended or devoted to a nonconforming use may be reconstructed
and structurally altered, and the non-conforming use therein changed
4. Carousel, roller coasters, whirligigs, merry-go-rounds, ferris subject to the following regulations:
wheels, or similar amusement devices. a. The cost of structural alterations made in such building shall in
5. Carpet, rug or bag cleaning establishments. r,o case exceed fifty per cent of its assessed value, nor shall the building
6. Carting, express, hauling or storage yard, except as provided in I be enlarged unless the use therein is changed to a conforming use.
Section XM. b. No non-Conforming use shall be extended at the expense of a
7. Contractor's plant or storage yard. conforming use.
8. Coal, coke, lumber or wood yard. C. Ina Residence Zone, no building or premises devoted to a use
9. Dry cleaning or dyeing establishment employing more,than four permitted/in a Business Zone shall be changed into a use excluded from
persons. a Business Zone.
10. Garage or group of garages for more than five motor vehicles or
motor vehicle repair shop except as permitted in Section XIII.
11. Ice plant or storage. Section VI—Location of Accessory Building in Residence Zones
12. Laundry employing more than four employees. Accessory buildings in subdivided areas in Residence Zones conform
13. Livery or boarding stables. to the following regulations as to their location upon the lot:
14. Metal or woodworking shop employing more than four persons. 1. In the case of an interior lot fronting upon only one street, no
15. Milk distributing station. accessory building shall be erected or altered so as to encroach upon that
half
16. Motor vehicle service or gas filling station, except as permitted the lot depth nearest the street.
Section XIII. 2. In the case of au interior lot fronting upon two or more streets,
in S Stone yard or monument works. no accessory building shall be erected or altered so as to encroach upon
1 that fourth of the lot depth nearest each and every street.
18. Storage or baling of scrap paper, iron, bottles, rags or junk. 3. In the case of a corner lot fronting upon two streets, no acces-
19. Any trade, industry, or use prohibited in an Industrial Zone. sory building shall be erected or altered so as to encroach upon that area
.r, 6 7
between each respective street and a line drawn parallel to such street in frontage in computing the average setback line. Where the two street
a manner to divide the lot into two equal parts. frontages of a corner lot are of the same length., the owner may elect
4. In the case of a corner lot fronting on three or more streets, no which street is to govern the setback line of his building.
accessory building shall be erected or altered so as to enroach upon that The provisions of this section shall, however, in no case be applied
fourth of the lot depth nearest each and every street. so as to keep the street wall, walls or covered porches of the building
5. No accessory building shall be located within ten feet of its rear further back from the street line than the maximum depth of the front
y
lot line when such line forms part of the front half of the side line of an yard indicated in the Schedule Limiting Height and Bulk of Buildings
adjacent interior lot, or the front quarter of an adjacent through lot for the zone in which such building is located.
whether the latter be an interior or a corner lot. Wherever the Town Plan Commission shall have established a build-
6. Notwithstanding any requirement in this section, the foregoing ing line as provided in the Special Act of the Legislature creating a Town
rules shall not prohibit any accessory building seventy feet or more Plan Commission for the Town of South Windsor then such buildiing
from any street bounding the block. The word "street"as used in this line shall control the distance that buildings shall be set back.upon the
section shall mean a public highway twenty-five feet or more in width. lot,'in lieu of the provisions of this section.
7. The limitations imposed by.this section upon the location of ail
accessory building shall be waived when the accessory building is incor-
porated as an integral part of or enclosed by the same enclosing walls as Section IX--General Provisions Relative to Area and Height Regulations
the building to which it is accessory.
a. No existing building shall be altered, enlarged or rebuilt, except
in conformity with the regulations herein prescribed. Unless otherwise
Section VU—Schedule Limiting Height and Bulk of Buildings expressly 'provided, the terms front yard, rear yard, side yard, inner
court or outer court when used in these regulations shall be deemed to
No building hereafter erected or altered shall be erected or altered to refer only to a rear yard, side yard, inner court, .or outer court, as re-
exceed the height or to accommodate or house a greater number of fami- quired by these regulations. No lot on which a building is or shall be
lies or to occupy a greater percentage of the lot area, or to have nar- erected shall be reduced or diminished so that the yards, courts or other
rower or smaller rear yards, side yards, inner or outer courts, than is open spaces shall be smaller than prescribed•by these regulations.
laid down in the accompanying "Schedule Limiting.Height and Bulk of b. Except as otherwise provided in these regulations every,room in
Buildings" for the zone in which.such.building may be located. which persons live, sleep, work or congregate shall have at least one
window or ventilating sky-light opening directly either upon a street or
upon a rear yard, front yard, inner court, or outer court located upon
the same lot and conforming to the requirements prescribed by these
Section VIII—Font Yards g regulations as to its minimum area and least dimensions.
No building shall be erected and no building shall be reconstructed or The windows or skylights opening out upon such required street,
altered so as to project in any wise beyond the average setback line ob- rear yard, front yard, inner or outer court shall have a minimum area
served by the buildings on the same side of the street within the block, in.each room equal to at least one-eighth of the floor area of each room.
at the time of the passage of these regulations. Where there are exist- Courts, yards, and other open spaces, if provided in addition to those
ing buildings at the time of the passage of these regulations on only one provided by these regulations, need not be of the area and dimensions
side of the street within the block, then the setback line on the vacant herein prescribed. No court, yard, or other open space provided about
side shall be the same as the average setback line on the improved side any building for the purpose of complying with the provisions of these
of the street within the block. Where there is no existing building on regulations shall again be used as a yard, court or other open space for
either side of the street within-the block, no new .building shall be erect- another building.
ed with its street wall, walls or covered porches nearer the street line than F No building to be used.as a dwelling shall be constructed or al-
the maximum depth of front yard shown for each representative zone,'on tered in the rear of a building situated on the same lot. Nor.shall any
the "Schedule". building be constructed in front of or moved to the front of a dwelling
The average setback line observed by-buildings•on the same side of situated on the"same lot. These provisions shall not be construed how-
the
street within 200 feet on each side of the lot in question shall control ever, as preventing the erection, alteration and maintenance of dwelling
in lieu of the average setback line within the block where .the block af- quarters in connection with an accessory building upon the rear of the
fected has a length of more than 1,000 feet between its intercepting lot when the persons occupying such quarters are employed in domes.
streets. tic service upon.the premises.
A building erected on a corner lot shall be required to comply with d. No plot shall hereafter be subdivided and improved with one or
the setback lines on only its narrow street front, but in no case shall a more dwellings unless 'each and every lot in such subdivision improved
building, whether in a Residence Zone or an Industrial Zone, be erected c with a dwelling shall front upon a street having a minimum width of
with its street wall, walls or covered porches nearer than 30 feet to the fifty feet.
center of the street or streets upon which its lot may abut or front. In e. A rear yard extending along the rear lot line shall be required
cases where the street'frontages,of a corner lot vary in length the lot on every lot or portion thereof in a Residence Zone, and on every inter-
: shall be deemed to be situated on the street containing the narrower for lot or portion thereof in every, zone other than a Residence Zone,
8 9
i
i
I •
i
Where two or more zone designations are shown within a block more
wherever the rear line of the lot is more than fifty-five feet back from than two hundred feet in width, the boundary of the less restricted zone
the nearest street. ! shall be deemed one hundred feet back from the street line.
f. An interior lot running through the block from street to street or j Where there is a building line established upon a street, then the
to within fifty-five feet of its rear street shall not be required to provide boundary line as defined above shall be measured 100 feet back from
a rear yard when improved with a single building. When situated be- such building line, subject to the limitation that no less restricted zone
tween lots requiring rear yards on either or both sides such lots shall, shall under this provision be permitted to exend beyond and across the
however, be required to provide an inner court on such side or sides on rear lot line of an immediately adjacent area indicated as in more re-
which the adjoining lots are required to provide rear yards. stricted zone.
g. Accessory buildings may occupy forty per cent of the required A lot situated in the interior of a block of a sub-divided area and
rear yard area up to an average height of fifteen feet above the curb divided by the zone boundary lines into two different zones may, in so
level in a residence zone. The yard area occupied by such accessory build- far and to the extent that it is situated at least 100 feet from any street
ing shall, however, be included in computing'the maximum percentage bounding the block in which it is located, be used in accordance with the
of the lot area which may be built upon in any given zone. tll regulations of the less restricted zone into which the lot is divided.
h. The area required in a court or yard at any given level shall be d Nothing in these regulations shall prevent the restoration of a build
open from such level to the sky unobstructed except for the ordinary ing destroyed by fire, explosion, act of God, or act of the public enemy,
projections of skylights and parapets above the bottom of such courts to the extent of not more than fifty per cent (50%) of its assessed value,
or yards, and except for the ordinary projections of window sills, belt or prevent the continuance of the use of such building or part thereof or
courses, cornices and other ornamental features to the extent of not prevent.a change of such existing use under the limitations provided in
more than four inches. Section VI. But any building destroyed,in the manner aforesaid to an
I. The height provisions of these regulations shall not apply to the extent exceeding fifty per cent (5001o) of its assessed value at the time of
erection of the churches, belfries, and towers designed exclusively for such destruction may be reconstructed and thereafter used only in such
ornamental purposes, flagstaffs, chimneys, flues, gas holders, electric manner as to conform to all the provisions of these regulations.
generating plants, wireless towers, water tanks, standpipes, penthouses,
bulkheads, stage towers or scenery lofts.
j. The height provisions of these regulations shall not prevent the Section XII—Completion and Restoration of Existing Buildings
erection of a school, public library, public museum or a central tele-
phone exchange to a height not exceeding 40 feet in a residence zone. I Nothing herein contained shall require any change in the plan, con-
k. Nothing in these regulations shall prevent the erection above the struction, or designated use of a building.for which a building permit
height limit of a parapet wall or cornice extending above such height has been heretofore issued or plans for which are on file with the Build-
limit not more than three feet. ing Inspector at the time of the passage of these regulations and the con-
i struction of which, in either case, shall have been diligently prosecuted
1. Any plot existing as a separate parcel and not complying with within one year of the date of such permit and the ground-story frame-
the minimum area or width of lot required in the schedule at the time of i work of which including the second tier of beams, shall be completed
the passage of these regulations may, notwithstanding such fact,'be im- j within such year, and which entire building shall have been completed,
proved with a building in accordance with the regulations of its residence according to such plans as filed, within two years from the date of the
zone, provided the owner owns no adjacent land which may, without passage of these regulations.
undue hardship to him, be included as part of the plot in question.
Section X—Plats i Section XIII—Board of Appeals
All applications for building permits shall be accompanied by a plat The Board of Appeals may in a sPecific case after public notice and.
in duplicate drawn to scale, showing the actual dimensions of the lot to hearing and subject to appropriate conditions and safeguards determine
be built upon, the size of the building to be erected, the location of the and vary the application of the regulations herein established in harmony
building upon the lot, the dimensions of all open spaces, the established with their general purposes and intent, as follows:
building lines within the block, and such ether information as may be 1. Hear and decide appeals where it is alleged there is error in any
necessary to provide for the enforcement of these regulations. order, requirement or decision made by the Building Inspector in the en.
forcement of these regulations.
2. Where a zone boundary line divides a lot in a single owner-ship
Section XI—Zone Boundaries at the time of the passage of these regulations, permit a use authorized
on either portion of such lot but not more than twenty-five feet beyond
The zone boundaries are, unless otherwise indicated, either street the boundary line of the zone in which such use is authorized.
lines or lines drawn parallel to and one hundred feet back from one or 3. Permit the extension of a non-conforming use or building upon
more of the street lines bounding the block. Where two or more zone the lot occupied by-such use or building at the time of the passage of
designations are shown within a block two hundred feet or less in width, these regulations.
the boundary of the more restricted zone shall be deemed one hundred 4. Permit the erection of an additional building upon a lot occupied
feet back from its street line.
10 11
at the time of the passage of these regulations by a business or indus- or in any way to impair or interfere with any existing provisions of the
trial establishment, where carrying out the strict letter of the.provisions law or ordinance or any rules, regulations, or permits previously adopt-
would result in practical difficulties or unnecessary hardships. ed or issued, or which shall be adopted or issued pursuant to law, re-
5. Adopt from time to time such rules and procedure as may be lating to the use of buildings or premises; nor is it intended by these
deemed necessary to carry into effect the provisions of these regulations. regulations to interfere with or abrogate or annul any easements, cove-
G. Vary any requirement of these regulations in harmony with its nants or other agreements between parties; provided, however, that
of
general purpose and intent, so that substantial justice may be done. This where these regulations impose a greater restriction upon the use larger
authority shall be exercised in a manner to secure the public health, buildings or premises or upon the height a buildings or require larger
safety, and welfare solely in instances where there are practical diffi- yards, courts or other open spaces than are imposed or required ti such
culties or unnecessary hardships in the way of carrying out the strict existing provisions"of law nt ordinances r such rules, regulations or
letter of these regulations. � permits or by such easements, covenants or agreements, the provisions
of these regulations shall control.
7. Permit in a Business Zone the construction, extension, altera-
tion or conversion of a building intended for the storage or repair of,mo-
tor vehicles, or for a motor vehicle or gas filling station, but no new Section XVI—Enforcement and Penalties
garage, motor vehicle repair station, shall be permitted within a dis-
tance exit of a public or private school Building Inspector, who is
tance of 200 fee£of an entrance o e p p This ordinance shall be enforced b the Bu ld ng pe ,
i Y
viayground, public library, hospital or children's home. empowered to cause any building, structure, place or premises to be in-
8. Permit any public utility in a restricted zone. spected and examined and to order in writing the remedying of any con-
9. Grant in an undeveloped section of the town, temporary and con- dition found to exist therein or thereat in.violaton of any provision of
ditional permits for not more than five years.for structures and uses in these regulations. The owner or agent of a building or premises where
contravention of these regulations. a violation of any provision of •said regulations shall have been commit-
ted or shall exist, or the agent, architect, builder, contractor or any
other person.who shall commit, take part or assist in any such violation
Section XIV—Certificates of Occupancy or who shall maintain any building or promises in which any such viola-
tion shall exist shall be guilty of a misdemeanor punishable as provided
No land shall be occupied or used and no building hereafter erected in Chapter 242, Public Acts, 1925. The Town Court, of the Town of
or altered shall be occupied or used in whole or in part for any purpose South Windsor shall have Jurisdiction of"all such offenses subject to ap-
whatsoever, except for the alteration of or addition to a dwelling, until peal as in other cases.
a certificate of occupancy shall have been issued by the Building Inspec-
tor, stating that the premises or building complies with all provisions of
these regulatons. Section XVII—Validity of Ordinance
No change or extension of use and no alteration shall be made in a If any section, paragraph, subdivision, clause or provision of these
- non-conforming use of premises without a certificate of occupancy hav- regulations shall be adjudged invalid, such adjudication shall apply only
ing first been issued by the Building Inspector that such change,' exten- to.the section, paragraph subdivision, clause or provision so adjudged
sion or alteration is in conformity with the provisions of these regula- and the remainder of these regulations shall be deemed valid and effec-
tions. tive.
Certificate of occupancy shall be applied for at the same time that
the building permit is applied for and shall be issued within ten days af-
ter the erection or alteration of the building shall have been completed. Section XVIII=Definitions
A record of all certificates shall be kept on file in the office of the Build-
ing Inspector and copies shall be furnished upon request to any person Certain words in this ordinance are defined for the purposes thereof
having a proprietary or tenancy interest in the building affected. A fee as follows:
of one dollar and fifty cents shall be charged for each original certificate a. Words in the present tense include the future, the singular num-
and seventy-five cents for each copy thereof. ber includes the plural, and the plural the singular; the word "lot" in-
No permit for excavation for, or the erection of any'building shall cludes the word "plot"; the word "building" includes the word "struc-
be issued before application has been made for a certificate of occupan- ture"; the word "zone" includes the word "district
cy. No building or premises for which a ceritficate of occupancy is re- b. A "building" shall be regarded :for the purpose of these regula-
quired may be occupied until such a certificate shall have:been issued. tions as each of the independent units into which it is divided by party
walls.
Section XV—Inter retation of Regulations c. A. "non-conforming building or use" is one that does not conform
P with the use regulations of the zone in which it is situated.
In their interpretation and application the provisions of,, this ordi- d. A "lot" is a parcel of land occupied by one building and the ac-
nance shall Ile held to the minimum requirements adopted for the promo- cessory buildings or uses customarily incident to it, including such open
tion of the public health, safety, comfort, convenience and general wel- spaces as are required by these regulations and such open spaces as are
fare. It is not intended by these regulations to repeal, abrogate, annul arranged and designed to be used in connection with such building.
13
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e. A "corner lot" is a parcel of land not over fifty feet in width at than three feet above the curb level taken at the center of the street fa-
the junction of and fronting on two intersecting streets. cade shall be counted as that fraction of a story which its height above
f. An "interior lot" is a lot other than a corner lot. such curb level bears to the height of the story. A story which extends
g. The "depth of lot" is the mean distance from the street line of less than three feet above such curb level shall not be counted in deter-
mining the number of stories. Any story under the pitched roof at the
the lot to its rear line measured in the
g top of the building, the floor of which is not more than two feet below
of the lot. I the plate, shall be counted a half-story when not more than sixty per
h. The "street line" is the dividing line between the street and the cent of said floor area is used for rooms, baths or toilets; otherwise it
lot. , I shall be counted as that fraction of a story which its floor area in rooms,
I. The "rear yard" is an open unoccupied space on the same lot baths or toilets bears to the entire floor area.
with a building—between the rear wall of the building and.the rear line t. The "curb level" is the permanently established grade of the
of the lot. street in front of the lot. Where the lot level is higher than the curb lev-
j. The "front yard" is an open unoccupied space on the same lot I el, the average level of the former along the wall in question may be
with a building situated between the street wall of the building and the taken as the base for measuring the height of a sideyard, inner court or
street line of the lot. outer court. Where a lot fronts upon two or more streets of different
levels, the curb level of the higher street may be taken as the base for
k. A side yard is an open, unoccupied space on the same lot with measuring the height of open spaces and buildings to a distance 100 feet
a building situated between the buildings and the side line of the lot and back from the street with the higher curb level.
extending through from the street to the rear yard, or where -no rear u. A "family" as used in these regulations shall be deemed an yard is required, to the rear line of the lot. y
number of individuals living and cooking together as a single housekeep-
1. An "inner court" is an open, unoccupied space on the same lot ing unit.
with a building not extending'to either the street or the rear yard.
in. An "outer court" is an open, unoccupied space on the same lot
with a building extending to either the street or the rear yard. i Secton XJX—Changes in Regulations
n. The "building area" is the maximum horizontal projected area i
of a building and its accessories. j These regulations may from time to time be amended, changed or
o. The "last dimension" of a court or yard is the least of the hori- I repealed as provided in Chapter 242 of the Public Acts 1925.
zontal dimensions of such a court or yard. 4
p. The "length of an outer court"•is the horizontal distance between Section —men Effective
the end opening on a street or a rear yard and-the end opposite such
street or rear yard. These regulations shall take effect immediately.
q. The "height of a court or yard" is the vertical distance between Dated at South Windsor, Conn.
the lowestTevel of such court or yard to the highest point of any bound- this 18th of July, 1938.
ing wall. Where there is a gable or mansard, the height shall be meas-
ured to the average height of such gable or mansard, provided the com- j Zoning Commission,
bined width of the dormers in the roof shall not exceed thirty per cent of i ELLSWORTH FAIRBANKS
the length of the building on the court or yard. In case the combined MAX ADELSON
width of all dormers exceeds thirty per cent of the length of the building 1. EPHRAIN COWLES
on the court or yard, the height shall be measured to the eaves of the THEODORE PETERSON
highest dormer. In any given case, the height of the court or yard shall
be measured to the eaves, gable or mansard giving it the maximum HOMER LANE, JR.
height.
r. The "height of a building" is the vertical ,distance measured in
the case of flat roofs from the curb level to the highest point of the roof
beams adjacent to the street wall, and in the case of pitched roofs from
the curb level to the average height of the gable. In the case of both
flat roofs and pitched roofs, the measurements shall be made through
the center of the street facade. Where no roof beams exist or there are
structures wholly or partly above the roof, the height shall be measured
from the curb level to the highest point of the building. Where the walls
of a building do not adjoin the street,, the average level of the ground
along the front wall of the building may be taken in measuring its height
instead of the curb level.
s. A "story" is that part of a building between any floor and the .
floor above, or in its absence the ceiling or roof above. A story, in which
persons live, sleep, work or congregate, the ceiling of which is more
14 i 15
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
f�OSOR-CO TELEPHONE (860) 644-2511
March 17, 2006
CERTIFIED # 70020460000197442565
Mr. Scott R. Kelley
389 Slater Street
South Windsor, CT 06074
RE. Application #2669-06— Scott R. Kelley, 389 Slater Street, AA-30 zone
Dear Mr. Kelley:
At the meeting of the South Windsor Zoning Board of Appeals held on March 6, 2006,
the Board denied without prejudice your request for a 10' variance to section 10.2 to
allow a proposed deck 40' from the front yard property line, (50' required), at 389 Slater
Street, AA-30 zone.
The Board denied this request because there was no hardship demonstrated.
Very truly yours,
m LL&3i- _ fir.
Thomas Berstene, Chairperson
Zoning Board of Appeals
TB:dr
cc: Building Department