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HomeMy WebLinkAboutVariance (797) TOWN Or, SOUTH WINDSOR Application# APPLICATIONFOR Date ZONINGBOARD OFAPPEALS Receipt# 91 `7 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. mom I. 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 to days prior to the public 4earing 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 maybe 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 maybe denied. 1. Applicant:. vll - , 2. Mailing Address: r 3. Telephone#: 4. Owner of record of property in question: 5. Location of ro p perry in.question: t- Assessor's Map# Parcel# Zone 6. Is applicant a corporation o artner hip? (If co po ation, submit mites l' t of offi . If co partnership, submit a list of owners). r" 7. Please indicate if the applicant ` owner, ssee, or prospective tenant: 8. Check one of the following: ( ) Requ9st Variance to Sectio , Ae Zoning Regulations to allow r ( ) 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? Ifoyes, complete and submit the sign checklist information. 10. If application is for a v (500 feet)? YES or ayes,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 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 of Year Applicant: / (Signs e) OWNER: ,l (Signature) Approved: Denied: Revised 12/04/98 + i i 3 Volume 440 Page N° 533 4260 �� - MARSHALS DEED i WHEREAS, by a Judgment of Foreclosure by Sale rendered on November 21, 1989, by the United States Diotriet Court for the District of Gonneotiout at Hartford, Connecticut, in a civil aetion entitled UNITED 8 '191 „OF AMELM vs, MIDLIN. ET AL, docket number Ha85-977(MJB), brought by complaint dated Nay 1, 1985 claiming a foreclosure of a 7 mortgage on premises located at 2019 John Fitch Boulevard, in the Town of South Windsor, County of Hartford, and 8tete of Connecticut, I, Pasquale A, Mangint, United States Marshal for the District of Connootiout, was duly appointed and ' directed to gall said premises and convey sale to the purohaserl and WHEREAS, It Pasquale A, Mangini, through my Deputy, Paul Winterhalder, have sold said premises in all respeota pursuant to said Judgment to J, to 8hepard.1Compsny, Inc, for the mum of ONE HUNDRED SEVENTY FIVE THOUSAND AND N01100 a ' 0 175,000,00) DOLLARS, and i WHEfl&AS1 no objections to sal4 sale have been filed with #- the Clark, United States District Court for the District of Connecticut within fifteen (15) days from the dote of sale, _ I NOW KNOW YE1 THAT 11 PASQUALE A. MANOINI, United States - t h- Di t r oo onn otiout� in purguanae of t a 'Marshal for e - - - - - authority and direction given me as aforesaid, and in "No COMMaIM Tax Collected "No Corweyance Tax collected .,� '1,�Z.����►s.0 "Town Clark of South Windsor Town Clark`a SOtlt g6 Volume 440 Pagge NO. 534 2- 3 ( � } fl � consideration of the cum aforesaid received to my-full satisfaction of said J. E. Shepard Company, Inc.# do hereby bargain, sell, transfer and convey unto the said J. E. Shepard ..• Company, Inc. and unto his its auooeaora and assigns forever, all _ 3 the land and buildings aforesaid, more particularly described in Exhibit A, attached hereto. TO HAVE AND TO HOLD the above granted and bargained premises, with the appurtenances thereof, unto its successors and aaaigns forever, to its and their own proper use and behool. 'i And also, 1,. the said PASQUALE A. MANOINI, United States ,{ Marshal for the District of+ Connecticut# As above stated" do hereby F' r covenant with the said Grantee# and its assigna# that I have full f a# i# , power and authority as aforesaid'to grant and convey the premises described in Exhibit A, attached hereto# in manner and form #� aforesaid. Said premises are conveyed to the Grantee herein free-and Al;; ja clear of the mortgage being foreclosed, and of all claims - subsequent in right thereto# the holders of which are bound by } this action. r Said premises are conveyed subject to any taxes which may be t ` due for municipal property,, water, sewer# or fire taxes# use charges or assessments, and any fire# water, sewer Qr utility I RillE district taxes which may be dus# �Ml Said premises are Conveyed further subject to building lines t £'i J and toning regulations of the Town or South Windsor and any and a � 0 provisions of an - all p y public or prirats. iaw. R 33 �uL l FF t r :. I #al 'I Volume 440 Page NO. 535 F IN WITNESS WHEREOF, I have hereunto met my hand and seal, subject to the approval of .the Unit" States Oistriot " Court, thin day of 1986. t a V MANGINI ni Staten Marahal s t(ieS9 STATE OF CONNECTICUT) . sat New Haven, Connecticut COUNTY OF NEW HAVEN ) z On thin f� day of 1986 personally appeared PASQUALE A. MANOINI, signer and sealer of the foregoing i instrument, and acknowledged the-same to be his free act and deed before me, Volume 440 Puge N° 536 .o ea Two certain pieces or parcels of land situated in the Town of South Windsor, County of Hartford and state of Connecticut, known Ys as No. 2019 John Fitch Boulevard (also known a• U. B. Route No. 5) 4 and being Mors particularly bounded and described as lollowsr - FIRST PLECEs x a Beginning at a concrete Highway Department monument located.at the Ham' northeasterly corner of land now or formerly of Anthony Shatenaky, at a t # s thence running westerly alonq the northerly line of land now or former& of Anthony Shatenaky, at a1,'183.18 teat to a merestonet thence running ,..northwesterly along the northeasterly line of land now or formerly t of Georg* A. Bancroft at a&, 271.52 feet to a fence post, thence running northeasterly along land now or formerly of George A. Bancroft at al, 67.0 feet to an iron pint thence running northwesterly along the northeastarly line of land of George A. Bancroft at al, 460.0 feat to r F an iron pint thence running northeasterly along land now or formerly f George A. Bancroft et al, 170.0 teat to an iron pint thence j s o running ` southeasterly along the southwesterly line of land now or formerly of Ovila Coquen at al and weslay Formaister, partly by each, in all, 1101.1 feet to a merostone located in the westerly line of John Fitch Boulevard (also known as U. S. Route No. 5) thence running southerly along the we starly line of John Fitch Boulevard (also known as U. s. Rau a No. 51 99 fast to the point or piece of beginning. 4MOND PtECRr _ y Beginninq at an Iron pin located 102.57 feet northerly of e concrete Highway Department monument located in the northeasterly cornse�at land land now at formerly of Anthony shatensky at all which iron pin is . Located in the westerly line of John Fitch Boulevard (also known as U. S. Route No. Sit thence running northwesterly along land now or formerly of GvLla Coquen of al and westley FornaLster, part:,. in ail; BM S, feet to A Point located in the northwesterly corner' Of the pieta herein described and the northwesterly corner at the second ` ).tote descr►had above; thence runninq southeasterly along the second Place descrLbed above, 081.18 lest to A point in the we terly line of John Fitch eoutevard (also known as U. S. Route No. 5) thence running& nocthorly along the westerly line of John Fitch Boulevard (also known f as U. S. Routs W. 5), 4.57 feet to the point cc place of beginning I (said parcel is trianqulac in shape.) S Said pra.Lses are subject to bulldinq, building line and coning restrictions do of record may appear. I ' 1,. Said p January 1, L972s a lt e taxes andJanuary1, 197C totheToown o! South�Windsor. L ,3t to the Town of South�wlndsoc dated hNovanberCIS# 1960aand recorded aat VOLume 110, page 244 of the South Windsor Land Records. - Said premises era furthec.subject to a mortcAge in favor of ' Society toe savings in the original principal amount at $60,000.00 dated February 14. 1972 and recordd at Volume 147, Page 106 of the South Windsor Land Records. Said yeoMLses are further subject- to a Collateral Assignment of Levu art..& Rantals dated February 14, 1972 and recorded at Volume 141. page I15 of the So" Windsor Land.Records. J U L 8 1986 - - 1Maa. , rot he= at n M. Attest_ V►�1 tr3.�.v�c,.:�.� a V u. `5�v HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. O. BOX 415 EAST WIN-DSOR HILL, CONN. 06028 August 11 th, 2005 Mr. Kirk Forrester 2011 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner: Reference: 2019 John Fitch Blvd, South Windsor, Ct. In accordance with Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that an application has been filed on the property abutting yours at 2011 John Fitch Blvd and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor Planning Department. 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 ------- ---- Planning Department,64 -2511, ext-. 25 . - - - - e incerely Yours �- C3 •. • r- t1'1 OFFICIAL US rA Jean E. Shepard III r� Postage $ ; 3 AUC ;} Certlfiad Fae � q 1)_ President d Return Receipt Fee Postr 41 (Endorsement Required) Here J.E. Shepard Company d Restricted Delive Fee 860-289-1507 m (Endorsement Required) d Total Postage&Fees $ i u1 -- O Sent To 0 --- -- -- -_------ -- -�- o.POBoxNo. ---- ©/ / - -t City State,Zf -- L : o e HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. 0. BOX 415 EAST WINDSOR HILL, CONN. 06028 August 11`h 2005 Mr. George Bancroft 1985 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner: Reference: 2019 John Fitch Blvd, South Windsor, Ct. In accordance with Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that an application has been filed on the property abutting yours at 1985 John Fitch Blvd and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor Planning Department. 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 Planning Department, 644-2511 ext. 253: O ec redYours _ • . .- , LO .._ d - e-� 2 Postage $ i 37 , C Jean E. Shepard III Ni C3 Certfied Fee C3 30 11 C] Return Receipt Fee Post{gark President (Endorsement Required) J/ J.E. Shepard Companyd/ � Restricted Delivery Fee p fr 1 (Endorsement Required) 860-289-1507 C3 Total Postage&Fees $ • C3 Sent To C3 - - - - or PO Box No. ie HOME O1F CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. 0. BOX 415 EAST WINDSOR HILL, CONN. 06028 August 111h, 2005 Ms. Carol Dodson 2035 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner: Reference: 2019 John Fitch Blvd, South Windsor, Ct. In accordance with Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that an application has been filed on the property abutting yours at 2035 John Fitch Blvd and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor Planning Department. 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 - —----- - - ---Planning Department, 64 -2511, ext. 253. . - ----------- Postal. service"I CERTIFIED MAIL,,RECEIPT me rely Yours, C3 ; (Domestic Mail Only;No Insurance Coverage Provide#) f �� Lli ca ra Je E. Sh and III Postage $ 37 AUG an M Certified Fee 4,30 Postm rl� President d Return Receipt Fee Hers;,- (Endorsement Required) J.E. Shepard Compmy or d Derivery Fee(Endorsement ReO ) 860-289-1507 rr-1 o Total Postage&Fees $ - Ul -- — Q ent110 _ -- d Street,Apt No.: or PO Box No, -- HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. O. BOX 415 EAST WINDSOR HILL, CONN. 06028 August 11`", 2005 Mr. Brian Kowakzyk 2039 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner! Reference: 2019 John Fitch Blvd, South Windsor, Ct. In accordance with Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that an application has been filed on the property abutting yours at 2039 John Fitch Blvd and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor Planning Department. 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 -- --- - -Manning Department, 644-2511, ext. 253 - -_ - - - - 'nc�'rely Your J Ln ' co Jean E. Shepard III Postage , ''7AUG President d CeNNedFee c2, PaHJ.E. Shepard Company o R elDt Fee (Endorsement Required) 860-289-1507 0 Restricted Delivery Fee Er (Endorsement Required) M _ d Total Postage&Fees - Ln — _. O Sent To O - 17,.. - - /}LQ1XL.. -- ------------- Stree4 t o.; " or PO Box No. _� - - --- - -- ------ O x x o \ 2.5 x x 260.8 • 54.2 • 22.6 (POOL / x 2.4 C.a cB Q a Q? 22.6 '`�► x r / 49.9 r . X Town of South Windsor General Map Connecticut N CONDOS 2019 John Fitch Boulevard 0 PARCELS Date Printed: August 22,2005 0 200 Feet ROAD NAMES party 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. 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. OCT 06 2005 15:39 FR NUWAY TOBACCO CO 8602910705 TO 6447280 P.01i01 THE J . E . SHEPARD CO . October 6,2005 FACSIMILE TO: PLANNING DEPT ATTN: MICHELE M. (860) 644-7280 FROM: JRAN E SHEPARD III SUBJECT: ZBA MEETING J. E. Shepard Company has no objections to a delay of 35 days regarding our hearing. PAGES: 1 Y 200 SUJ.I.IVAN AVENUE, S()UTII WINDSO R, (:'I' • 06074 RE,MI'I': P.O. BOX 415 • RAST WINDSOR fHLL, CT • 06028 PHONE': (860) 289-6414 X-245 • FAX; (860) 291-8705 ** TOTAL PAGP.Al ** LEGAL SERVICES REQUEST FORM NAME: Michele Lipe DEPARTMENT: Planning DATE OF REQUEST: 9/12/05 REQUESTED DUE DATE: 10/6/05 APPROVED BY DEPARTMENT HEAD OR CHAIRPERSON: TYPE OF SERVICE REQUESTED: (Check Appropriate Box) i I ® Opinion Legal O g P ❑ Review Contract or Other Document ❑ Litigation (Specify Document Below) ❑ Attend Meeting ❑ Prepare Contract or Ot her they Docu ment ❑ Other (Specify Document Below) (Specify Below) QUESTION TO BE ANSWERED OR SPECIFIC SERVICE REQUESTED: See attached application. The ZBA has requested a legal opinion related to Appl 2656-05, The J.E. Shepard Co. request for a variance to create a two family residence. Should this be considered a non-conforming use? Would it be considered a confiscation of the property if the varaince is not granted? Would it be more appropriate for a Temporary and Conditional permit approval by the PZC? FACTS: (Overview of Facts Surrounding Question Presented or Service Requested) DATE DATE RECEIVED: COMPLETED: <0W N Sf4 F Town O-P Somm, vi�� m 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 f�osox•CO AREA CODE 860/644-2511 November 14, 2005 CERTIFIED#70020460000197444408 The J.E. Shepard Co., Attn: Kip Shepard 200 Sullivan Avenue South Windsor, CT 06074 RE. Application #2656-05—The J.E. Shepard Co., 2019 John Fitch Boulevard, I zone Dear Mr. Shepard: At the meeting of the South Windsor Zoning Board of Appeals held on November 3, 2005, the Board denied your request for a variance to section 6.1.2.6 to allow a two-family house in an Industrial zone at property located at 2019 John Fitch Boulevard. The reason for denial was as follows: 1. No hardship demonstrated. 2. No evidence presented of a nonconforming use on the property. Very truly yours, tephen Wagner, Chairp rson Zoning Board of Appeals SW:dr cc: Building Department