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HomeMy WebLinkAboutVariance (799) TOWN OFSOUTH WINDS.OR Application## APPLICATI,ONFOR Date I C� -7'C� ZONING BOARD OFAPPEALS Receipt# QJ � 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. RN film= 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 4earing in a location visible from all abutting streets. • 'Ihe 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 may be denied. 1. Applicant: Shady Brook Associates, LLC 2. Mailing Address: 475 Talcottville Road Vernon CT 06066 3. Telephone#: (860) 870-91 00 4. Owner of record of property in question: Peter T. Anthony, Sr. & Marjorie S. Anthon 5. Location of property in question: Unit #17 in Shady Brook Village Condominiums 50 Baily Circle Assessor's Map# 96 Parcel#— 11-17 Zone A-4 0 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). Bra an and Debra Edwards 7. Please indicate if the applicant is owner, lessee, or prospective tenant: Builder/Developer 8. Check one'of the following: ( X) Request Variance to Section . 1 . 1 2L of the Zoning Regulations to allow Unit #17 1#50 Bailey Circle) to be closer to Unit #5 (44 Bailey Circle) ( ) State hearing under Section_of the General Statutes for 41 variance requested ( ) 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. N/A 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. NIA 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. N/A pp 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. The survey/engineering firm incorrectly staked the subject unit zoning to the deck on the adjacent home (Unit #5) than allowed b � Zonng. 7I hereby declare that the data&information contained herein is accurate to the be st of my knowledge. Dated this day o Year. Applicant: (Signature) OWNER: ^~ (Signa Approved: Denied: Revised 12/04/98 GARDNER & PETERSON ASSOCIATES LLC PROFESSIONAL ENGINEERS • LAND SURVEYORS 178 HARTFORD TURNPIKE BARRY D.CLARKE,L.S. TOLLAND,CONNECTICUT 06084 TELEPHONE (860) 871-0808 SUSAN E.JAMAITUS,L.S. FAX (860) 875-2086 ERIC R.PETERSON,P.E. KENNETH R.PETERSON,L.S. EMAIL info@GardnerPeterson.com MARK A.PETERSON,P.E. HENRY P.TORCELLINI,P.E. EVERETT O.GARDNER,P.E.,L.S.Emeritus October 7, 2005 Re: Shady Brook Village Condominiums— Unit 17 Dear Property Owner: 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 50 Bailey Circle 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 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 at 644-2511, ext. 253. Sincerely, Applicant: Brian Edwards Shady Brook Associates, LLC 475 Talcottville Road, Vernon, CT 06066 (860) 870-9100 j ml 10061-17owners.doc S. WARRANTY DEED ftrf i crahlp KNOW YE THAT, SHADY BROOK ASSOCIATES, LLC a Connecticut limited liability company having an office and pike of business in the Town of Vernon, County of Tolland and State of Connecticut, acting herein by Brian K. Edwards, its Manager, hereunto duly authorized, hereinafter referred to as Grantor, for consideration paid, does give, grant, bargain, sell and confirm unto PETER T. ANTHONY, SR. AND MARJORIE S. ANTHONY, both of the Town of South Windsor, County of Hartford and State of Connecticut, hereinafter referred to as Grantees as JOINT TENANTS, with WARRANTY COVENANTS, Certain real property situated in the Town of South Windsor, County of Hartford and State of Connecticut, being more particularly described as follows: Unit No. 17 in Shady Brook Village Condominium, together with its undivided interest in the Common Elements, said 'Unk being more particularly defined and described in a "Declaration Of Shady Brook Village Condominium" made by Shady Brook Associates, LLC dated September 23, 2004 and recorded September 28, 2004 at 10:30 AM as Instrument#6615 in Volume 1652, at Page 27 the South Windsor Land Records and the Schedules attached thereto, all as now or hereafter amended and as of record may appear. Said premises are conveyed together with and subject to a right of way over the private drive shown as Bailey Circle, as shown on Schedule A-3 to the Declaration and on file in the South Windsor Land Records, in common with Grantor and other Unit owners for purposes of Ingress and egress to and from Strong Road to the above described premises. Said premises are hereby conveyed together with and subject to the terms, conditions, agreements, obligations, and easements contained in the Declaration as it may be amended or supplemented. The Grantee, by acceptance of this deed, hereby expressly assumes and agrees to be bound by and to comply with all of the terms, conditions, agreements, obligations and easements as set forth in said Declaration, the Bylaws of the Association and Rules of the Association as they may be amended or supplemented. This conveyance Is made subject to the following: property taxes due the Town of South Windsor, zoning regulations'bf the Town of South Windsor, the proceedings and resolutions of the South Windsor Planning And Zoning Commission approving the Shady Brook Village Senior Residence development, easements appearing of record, s and the terms, conditions, rights, privileges, obligations, covenants and easements and encroachments set forth in the Decisial tlon Of Condominium and the Certificate of Incorporation, Rules, and the By-Laws -of Shady Brook Village Condominium Association, Inc., as they may be amended or supplemented from time to time. The Grantor, for itself its successors and assigns hereby reserves a right of way over the private drive known as Salley Circle for purposes of ingress and egress to and from Strong Road to and*from promises shown as "Development Rights Reserved In This Area" on Schedule A-3 to the Declaration hereinbefore described and on file on the South Windsor Land Records and for the purpose of developing said promises in the event that said premises is or is not added to the Common Interest Community and including the right to connect to utilities located therein. The covenants and obligations,herelnebove recited shall bind the Grantees and the heirs and assigns of the survivor of the Grantees. Signed this 61-`-of September;,24006. Witn send y: SHADY BROOK ASS CIATES, LLC kva Brl n K. Edwards, Its Manager Q� Hereunto Duly Authorized m A.yvr3 STATE OF CONNECTICUT ) )ss. Glastonbury September I,�2005 COUNTY OF HARTFORD ) Personally appeared, BRIAN K. EDWARDS, Manager of SHADY BROOK ASSOCIATES, LLC, as aforesaid, Signer and Sealer of the foregoing instrument and acknowledged the same to be his free act and deed as such Manager and the free act and deed of said limited liability company, re Notafy Publ wtys/shady CHRIMM J.CHOMA p NOTARY PUBLIC My Comm. Expires 21511 o9 VOL. 13 3 4 PAGE 136 WARRANTY DEED • TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME,GREETING: 4943 KNOW YE,THAT BANCROFT BROOK,L.L.C.,a Connecticut limited liability company with its principal place of business in the Town of Manchester,County of Hartford and State of Connecticut(hereinafter referred to as the"Grantor"), for the consideration of TWO HUNDRED SIXTY THOUSAND(S260,000.00) DOLLARS received to its full satisfaction of SHADY BROOK ASSOCIATES,LLC, a Connecticut limited liability company with its principal place of business in the Town of Vernon,County of Tolland and State of Connecticut(hereinafter referred to as the "Grantee"), does give,grant,bargain, sell and confirm unto the said SHADY BROOK ASSOCIATES, LLC,its successors and assigns forever,that certain piece or parcel of land situated easterly of Main Street and northerly of Strong Road in the Town of South Windsor,County of Hartford and State of Connecticut,being more particularly bounded and described on SCHEDULE A attached hereto and made a part hereof. And being a portion of premises conveyed to the Grantor herein by Quit Claim Deed from JOSEPH W. MISKY,JR.and MARS14ALL C. TAYLOR dated May 29, 1998 and recorded in Volume 1013,Page 94 of the South Windsor Land Records. Said premises are conveyed subject to the following encumbrances: 1. Building,building line and zoning restrictions of the Town of South Windsor, and to conditions of approval as set forth on maps or plans on file with respect to the above premises. 2. Taxes on the Grand List of October 1,2001,and subsequent taxes,which taxes the Grantee herein assumes and agrees to pay as part consideration for this deed. TO HAVE AND TO HOLD the above granted and bargained premises,with the appurtenances thereof,unto the said Grantee,and unto its successors and assigns forever, to it and their own proper use and behoof. AND ALSO,the said Grantor, does for itself,its successors and assigns,covenant with the said Grantee,its successors and assigns,that at and until the ensealing of these presents,it is well seized of the premises,as a good indefeasible estate in FEE SIMPLE; and has good right to bargain and sell the same in manner and form as is above written; and that the same is free from all encumbrances whatsoever,except as above stated. AND FURTHERMORE,the said Grantor,does by these presents bind itself and its successors and assigns forever to WARRANT AND DEFEND the above granted and bargained premises to him, the said Grantee, and to its successors and assigns,against all claims and demands whatsoever,except as above stated. CONVEYANCE TAX RECEIVED OD a STATES 1 a,50_LOCAL_S a�No. TOWN CLERK OF SOUTH WINDSOR VOL. 1334PAGE 137 IN WITNESS WHEREOF, BANCROFT BROOK,L.L.C. has caused this Instrument to be executed this 10`h day of July, 2002. Signed, Sealed and Delivered in the Presence of: BANCROFT BROOK,L.L.C. - arshaU C.Taylor, Its ger/ Member,Duly Authorize �Av�o 2 �y+tc�l STATE OF CONNECTICUT ) )ss: South Windsor July 10,2002 COUNTY OF HARTFORD ) On this the 10`h day of July,2002,before me,the undersigned officer,personally appeared MARSHALL C.TAYLOR,Manager/Member of Bancroft Brook,L.L.C.,a Connecticut limited liability company,known to me to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained as his free act and deed as said Manager/Member and the free act and deed of the said limited liability company. IN WITNESS WHEREOF, I hereunto set my d. C Harold R. Cummings Commissioner of the Superior Court Grantee's Address: Vernon, CT 06066 VOL. 1334PAGE 138 SCHEDULE A All that certain piece or parcel of land with the improvements thereon and the appurtenances thereto situated in the Town of South Windsor, County of Hartford and State of Connecticut and being shown and designated as" N/F Bancroft Brook, L.L.C. 516,305 S.F. 11.85 AC."On a certain map or plan entitled " Resurvey/Property Survey Prepared For: Shady Brook Associates, LLC Strong Road South Windsor Connecticut Land To Be Conveyed From Bancroft Brook, LLC to Shady Brook Associates, LLC Design: PRD Drawing: DMG Checked: RPM Job No.: 98-1123 Date: June 27, 2002 Drawing No.: Jobs/1123/1123- CONV2.DWG design professionals, inc. Civil Engineers Planners Surveyors GIS 165 south satellite road south windsor connecticut 06074"which map is on file in the South Windsor Town Clerk's office to which reference may be had. Said premises are more particularly bounded and described as follows: Commencing at a point in the northerly street line of Strong Road, which point marks the southeasterly corner of the herein described premises and the southwesterly corner of land now or formerly of Florence Winton, all as shown on said map;thence running N 23043'07" F_along land now or formerly of Florence Winton a distance of 200.00 feet to a point; thence running N 66*20'47"W a distance of 1.78 feet to a point; thence running N 23°18'06" E a distance of 24.63 feet to a point; thence running northwesterly in the arc of a curve to the left having a radius of 85.00 feet and a delta angle of 24°42 '47"a distance of 36.66 feet to a point; thence running N 23"43'07" E a distance of 496.74 feet to a point; thence running N 67°00'03"W a distance of 280.02 feet to a point; thence running N 23°43'07" E a distance of 80.01 feet to a point; thence running N 67°00'03"W a distance of 208.30 feet to a point;thence running S 23'03'09"W a distance of 95.00 feet to a point; thence running N 67°00'03"W a distance of 406.66 feet to a point; thence running S 05°00'45" E a distance of 228.78 feet to a point;thence running S 23°05'29"W a distance of 104.58 feet to a point; thence running N 65'28'30"W a distance of 158.56 feet to a point, the last twelve (12) courses and distances being along land now or formerly of South Windsor Land Conservation Trust, Inc. as shown on said map;thence running S 24°31'30"W along land now or formerly of Edward T. Sunderland III as shown on said map, a distance of 405.55 feet to a point; thence running S 63*11'07" E along the northerly street line of Strong Road, as shown on said map, a distance of 199.08 feet to a point; thence running N 23'05'29" E along land now or formerly of Robert G & Chamberlain Hunt, as shown on said map, a distance of 300.00 feet to a point;thence running N 23'05'29" E a distance of 15.03 feet to a point;thence running S 63'11'07" E a distance of 315.03 feet to a point; thence running S 23'05'29"W a distance of 149.06 feet to a point; thence running S 66°52'47"E a distance of 393.90 feet to a point; thence running S 23'18,06"W a distance of 15.00 feet to a point; thence running N 66°41'54"W a distance of r 13 3 4 PAGE 139 0.77 feet to a point, the last six(6) courses and distances being along land now or formerly of South Windsor Land Conservation Trust, Inc. as shown on said map; thence running S 23°07'14"W along land now or formerly of Kevin J& Laurie A Charette, as shown on said map, a distance of 150.00 feet to a point situated in the northerly street line of Strong Road; thence running S 66°52'46" E along the northerly street line of Strong Road, as shown on said map, a distance of 50.61 feet to the point or place of beginning. Said premises are conveyed together with two (2) drainage easements being shown and designated as "20' Drainage Easement In Favor Of Bancroft Brook, L.L.C."on said map or plan hereinabove described. Said premises are conveyed subject to a "Conservation Easement In Favor Of South Windsor Land Conservation Trust, Inc."as shown on said map or plan hereinabove described. Said premises are conveyed subject to a "50' R.O.W. In Favor Of Irwin A. & Geraldine M. Knafel"as shown on said map or plan hereinabove described. Shadydescrip/descrip Jam and Smudge Free Printing www.averytom AVERY® 5160® Use Avery®TEMPLATE 51600 1-800-GO-AVERY PROPERTY OWNERS ABUTTING UNIT 17-SHADY BROOK VILLAGE CONDOS 10/5/05 Sandra& Roger E. Dubiel, Jr. Daryl Biron Laurie A. & Kevin J. Charette 74 Bailey Circle 90 Strong Road 100 Strong Road South Windsor, CT 06074 South Windsor, CT 06074 South Windsor, CT 06074 Glen A. Knafel South Windsor Land Conservation Conrad & Marielle Gagnon 119 Route 81 Trust, Inc. - c/o Charles Shepard 35 Bailey Circle Higganum, CT 06441 P.O. Box 415 South Windsor, CT 06074 East Windsor Hill, CT 06028 Jeanne D. Chasse Gilbert C. & Carmella L. Soucy John C. &Ann Marie Kissel 63 Bailey Circle 71 Bailey Circle 82 Bailey Circle South Windsor, CT 06074 South Windsor, CT 06074 South Windsor, CT 06074 Lauretta Myers SBOI LLC Joan Moulton 85 Bailey Circle 475 Talcottville Road 6 Bailey Circle South Windsor, CT 06074 Vernon, CT 06066 South Windsor, CT 06074 Edward J. & Catherine D. Gallagher Attn: Brian Edwards Margaret D. Roughan Shady Brook Associates, LLC 12 Bailey Circle 20 Bailey Circle South Windsor, CT 06074 475 Talcottville RoadVernon, CT 06066 South Windsor, CT 06074 Kantappa&Nalini Lakshmipathiah SB06 LLC Joseph F. & Salvatrice A. Yacavone 25 Bailey Circle 475 Talcottville Road 44 Bailey Circle South Windsor, CT 06074 Vernon, CT 06066 South Windsor, CT 06074 Dennis H. & Beatrice B. Eden Hugh C. Mclean John P. & Beverly E. Hurley 51 Bailey Circle 58 Bailey Circle 59 Bailey Circle South Windsor, CT 06074 South Windsor, CT 06074 South Windsor, CT 06074 John E. Jr. & Patricia Bradshaw SB 11 LLC 66 Bailey Circle 475 Talcottville Road South Windsor, CT 06074 Vernon, CT 06066 labels\1006 Ldoc Aa3AV-09-008-1 009LS 1!aege6 a!zasimn 0%s ®AU3AV ® uaori(aane-mmm aprdea a6e9as a;a a6ennocigue uo!ssaadw! The ABC Group LLC 165 RIVER ROAD SUITE 3 WILLINGTON, CT 06279 RECEIVED OCT 2 7 2005 October 26, 2005 SOUTH WINDSOR P@NG DEPT. Town of South Windsor Re: Application Shady Brook LLC To Whom It May Concern: The Shady Brook Village Condominium Association is a concerned property owner in regards to the zoning variance appeal to be held November 2, relative to unit 44. The Association is concerned about the close proximity of the units and we do not believe that the addition of natural screening or fencing is the solution.We are asking for a more permanent solution to the issue such as relocation of decks on the units, to accomplish the necessary space between the units. Thank you. Sincerely, Robert A. Burrows, Jr. Property Manager Shady Brook Village Condominium Association Telephone: 860-872-8706 Facsimile: 860-429-5725 E mail: bobburrows@charterinternet.com SQY1N Sf4 GO F 710w�J'L 01P sioa� Vd c a y 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SoR•co AREA CODE 860/644-2511 November 14, 2005 CERTIFIED#70020460000197444385 Peterson & Gardner Associates 178 Hartford Tnpke. Tolland, CT 06084 RE: Application#2666-05—Shady Brook Associates, LLC, development known as "Shady Brook Senior Residence Development" A-40 zone To Whom It May Concern: At the meeting of the South Windsor Zoning Board of Appeals held on November 3, 2005, the Board approved your request for a 4' variance to section 4.1.12g to allow the structure at Unit 17—50 Bailey Circle to be 16'from the structure at Unit 5—44 Bailey Circle (20' required) in the development known as "Shady Brook Senior Residence Development", A-40 zone. The Board concluded the hardship to be that the accidental placement of building Unit 17—50 Bailey Circle at the time of the building permit application. The Board placed the following conditions on this application: 1. The decks to be build as presented on the plans, but with addition of steps for Unit 5—44 Bailey Circle to be placed onto the rear of the deck as shown on plans submitted by Gardner& Peterson Associates with the application. 2. A minimum of five arborvitae type plantings to be five to six feet in height planted between the decks for screening. Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, JLzZ&,n /" &-n e tephe Wagner, Chairp rson Zoning Board of Appeals SW:dr cc: Building Department I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on November 3, 2005, the Zoning Board of Appeals granted to: Shady Brook Associates, LLC, a 4' variance to section 4.1.12g to allow the structure at Unit 17 — 50 Bailey Circle to be 16' from the structure at Unit 5 —44 Bailey Circle (20' required), A-40 zone. Conditions: 1) The decks to be build as presented on the plans, but with addition of steps for Unit 5 —44 Bailey Circle to be placed onto the rear of the deck; and 2)A minimum of five arborvitae type plantings to be five to six feet in height planted between the decks for screening. on premises located: 50 Bailey Circle and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: Peter T. Sr. & Marjorie S. Anthony Dated at South Windsor, Connecticut this 14th day of November, 2005. A0'V,, , /� "a-Il e 4 r tephen Wagner, Ch irperson PUBLIC ACT#75-317 Received for Record this day of 2005 at VOLUME PAGE TOWN CLERK r VOL. 1 334PAGE 138 SCHEDULE A All that certain piece or parcel of land with the improvements thereon and the appurtenances thereto situated in the Town of South Windsor,County of Hartford and State of Connecticut and being shown and designated as"N/F Bancroft Brook, L.L.C. 516,305 S.F. 11:85 AC."On a certain map or plan entitled "Resurvey/Property Survey Prepared For. Shady Brook Associates, LLC Strong Road South Windsor Connecticut Land To Be Conveyed From Bancroft Brook, LLC to Shady Brook Associates, LLC Design: PRD Drawing: DMG Checked: RPM Job No:: 98-1123 Date:June 27,2002 Drawing No.:Jobs/1123/1123- CONV2.DWG design professionals, inc. Civil Engineers Planners Surveyors GIs 165 south satellite road south windsor connecticut 06074"which map is on file in the South Windsor Town Clerk's office to which reference may be had. Said premises are more particularly bounded and described as follows: Commencing at a point in the northerly street line of Strong Road,which point marks the southeasterly comer of the herein described premises and the southwesterly comer of land now or formerly of Florence Winton,all as shown on said map;thence running N 23°43'07"E along land now or formerly of Florence Winton a distance of 200.00 feet to a point;thence running N 66"20'47"W a distance of 1.78 feet to a point;thence running N 23.18*06"E a distance of 24.63 feet to a point;thence running northwesterly in the arc of a curve to the left having a radius of 85.00 feet and a delta angle of 24.42'47"a distance of 36.66 feet to a point;thence running N 23'43'07"E a distance of 496.74 feet to a point; thence running N 67.00'03"W a distance of 280.02 feet to a point;thence running N 23'43'07"E a distance of 80.01 feet to a point;thence running N 67.00'03"W a distance of 208.30 feet to a point;thence ce running * " distance of 95.00 feet to a point;thence running N 67°00'03 as d st nce of W a 406.66 feet to a point;thence running S 05.00*45"E a distance of 228.78 feet to a point;thence running S 23'05'29"W a distance of 104.58 feet to a point; thence running N 65'28'30"W a dstance of 158.56 feet to a point,the last twelve (12)courses and distances being along land now or formerly of South Windsor Land Conservation Trust, Inc.as shown on said map;thence running S 24.31'30"W along land now or formerly of Edward T.Sunderland III as shown on said map,a distance of 405.55 feet to a point;thence running S 63*11'07"E along the northerly street line of Strong Road, as shown on said map, a distance Of 199.08 feet to a point;thence running N 23*05*29"E along land now or formerly of Robert G&Chamberlain Hunt,as shown on said map, a distance of 300.00 feet to a point;thence running N 23.05*29"E a distance of 15.03 feet to a point;thence running S 63*11'07"E a distance of 315.03 feet to a point;thence running S 23'05'29"W a distance of 149.06 feet to a point;thence running S 66*52'47"E a distance of 393.90 feet to a point;thence running S 23*18'06"W a distance of 15.00 feet to a point;thence running N 66.41'54"W a distance of r