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HomeMy WebLinkAboutVariance (803) i0WN OFSOUTH WINDS0.R APPLICATIONFOR APPlication# (p h g—0 ZONING BOARD OFAPPEALS Date g -30—O S Receipt# G� IMPORTANT: This application must be submitted to the Planning Department b Preceding month to insure being heard at the next meeting, eP Y the second Thursday of the ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEM RM MUST BE SUBMITTED. 1. The application and supplements must be filed in duplicate,typed or printed in ink. 2. A Class D or better survey of the pro perty streets,lot lines;budding lutes zone boundarym Question must be submitted with the application showing buildings on adjacent properties lines,dimensions,and buildings J P perties and distance from subject property. present or proposed and .l p petty. 3. If a"variance is being requested,a legal description e th and deed of application. This description can be obtained from the land Of the Property must be submitted with the 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 app�or re dres ' must be hearing advise b mail. pent for the public hearing. The time,date and place of the Y • Inquiries on this application may be directed to the Planning De. partment at the South Windsor Town Iga1L 5. No application shall be a complete application unless it shall be in such form and contain such infommnation as necessary for a fair�krrination of the issues, Incomplete applications may be . denied Y 71. Applicant: Mitchell Property Group, LLC 2. Mailing Address: c% Wayne Christopher Gerlt, Esquire P. 0. Box 1132, South Windsor, CT 06074 3. Telephone#: (860) 644-2565 4. Owner ofrecord ofproperty in question: Mitchell Property Group, LLC 5. Location of property in.question: 38 Ident Road Assessor's Map# 84 pal# 43 I Zone 6. Is applicant a corporation or co-partnership? submit a list of owners). No (If corporation,submit a list of officers. If co partnership, 7. Please indicate if the applicant is owner,lessee, or ros P pective tenant: 8. Check one of the following: i (X) Request Variance to Section 10.4.1 25' buffer along souther of the Zoning Regulations to allow elimination of entire of ro ert N F of -I dary/ a distance of approxima e Geor a Haller zoned A-40 - See attached. Y at boundary ( ) 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 sub . 10.If application is for a variance to Section 3.12,are there nut the sign checklist information. (500 feet)? YES or NO If yes,submit a list of liquor ou e�s� u outlets the restricted area, Property in question. locations and distances from the 11.Is this property within 500 feet of another town line? No 12.Is this property within the Connecticut Water Aquifer area? Yes o with the Connecticut Water Company by the applicant, No' If yes, application must be filed 13. If requesting a variance state clearly the unusual Prompts this application and indicate why other options arehip runa�ptabl difficulty on the property that nary. unacceptable. Use a separate sheet ofpaper if See attached. I hereby declare that the data&information contained herein is accurate to the Dated this 30th day of August best of my knowledge. Applicant: Mitchell Property GrouP, LLC By: ear 2005 (Signature) OWNER: Mitchell Property Group, LLC B - y (Signature) Approved: Denied: - ---------------- Revised 12/04/98 13. The zoning regulations require a buffer area between a residential zone and an industrial zone. The current regulation, 10.4.1 requires a 50' buffer at such a location. This application requests a variance of a grandfathered 25' buffer. The original building at 38 Ident Road was constructed in approximately 1970 and the site plan at that time showed the adjoining property to be A40, and a 25' buffer was shown on the site plan as required. The original building was then erected approximately 79' from the southerly boundary line and that distance provided ample travel and turning lanes for the commercial vehicles at that time. However, currently applying the 25' buffer and the 10' side yard reduces the travel and turning areas to a point at which the school buses occupying the site cannot turn into the repair bays without passing over the buffer area and 10' side yard. In addition, the A-40 zone being protected is actually developed as an industrial site and is shown as industrial upon the assessor's cards and was shown as industrial property on two subsequent site plans filed for this property subsequent to the original approval. We request a variance because the 25' buffer causes an undue hardship upon this property preventing the school buses from turning into the pre-existing building and its repair bays without crossing the buffer zone, which is required to be fully landscaped. Furthermore,the "buffering" does not act in this instance to protect any residential uses, but only another industrial use for which no buffering is required under the regulations. The buffer zone is required in this instance only because of the A-40 zoning line to property which is actually property committed to an industrial use. SCHEDULE A Parcel#1 All that certain piece or parcel of land, with all improvements thereon, located in the Town of South Windsor, County of Hartford and State of Connecticut, on the easterly side of Ident Road so-called,being more particularly bounded and described as follows,to wit: Commencing at a point marked by an iron pipe set in the easterly boundary of said Ident Road, which iron pipe is located twenty-nine and seventy-five one-hundredths (29.75) feet northeasterly of a merestone set.in the easterly boundary of Ident Road, as measured along said easterly boundary (said iron pipe also marks the northwesterly corner of premises owned now or formerly by George Haller); thence moving in a northeasterly direction in a straight line along the easterly boundary of said Ident Road, a distance of one hundred forty-five (145) feet to a point; thence moving in a southeasterly direction in a straight line along other land of Edward A. Bancroft, also known as Edward A.Bancroft, Jr., a distance of two hundred eighty-one and ninety-one one-hundredths (281.91) feet to a point set in the northwest boundary of premises owned now or formerly by.Rennselaer Polytechnic Institute of Conn., Inc.; thence moving in a southwesterly direction in a straight line along the northwest boundary of premises owned now or formerly by Rensselaer Polytechnic Institute of Conn. Inc. a distance of one hundred forty- five (145) feet to a point marked by an iron pipe set in the northeast boundary of said premises owned now or formerly by George Haller; thence moving in a northwesterly direction along the northeast boundary of premises owned now or formerly by George Haller and at an interior angle of 88' 59' 35" a distance of two hundred eighty-two and six one-hundredths (202.06) feet to the point and place of beginning. The last described bound makes an interior angle with the first described bound of 90'56' 35". Parcel#2 A certain piece or parcel of land as shown on a map or plan, entitled "Property of Edward A. Bancroft, Jr. to be conveyed to Carmine M. Esposito & Frank DiGennaro, ]dent Road & Strong Road, South Windsor, Conn., Scale I" = 50' April 10, 1974 Stephen A. Filip, Land Surveyor, Ashford, Conn." which map or plan is on file in the office of the Town Clerk of the Town of South Windsor, to which reference is hereby made, and being more particularly bounded and described as follows, to wit: NORTHEASTERLY: by Strong Road, two hundred sixty-one and fifty-one one hundredths(261.51) feet; SOUTHEASTERLY: by land now or formerly of Samuel H. and Louis H. Goldberg, three hundred twenty-three and seventeen one hundredths (323.17) feet; SOUTHWESTERLY: by land now or formerly of Carmine M. Esposito and Frank DiGennaro, two hundred eighty-one and ninety one hundredths (281.90)feet; NORTHWESTERLY: by Ident Road, two hundred ninety-eight and fifty-three one hundredths(298.53) feet; and NORTHERLY: by a curve connecting Ident Road with Strong Road, as shown on said map, thirty-one and forty-two one hundredths (31.42) feet. Said premises are subject to building, building line and zoning restrictions of the Town of South Windsor. Said premises are also subject to taxes on the Grand List of October 1, 2002 and thereafter, payable to the Town of South Windsor. t;FCIEIVED FOR RECORDI 0ATE0_a IME1gS{ M. af TOWN CLERK. SOUTH WINDSOR.CT �Vv *& s s m� �2 Town of South Windsor CONDOS Connecticut General Map 4 17 38 Ident Road 0 PARCELS ,. Date Printed: September 29,20054 0 300 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. hors Section XVI: Commercial Wireless Telecommunication Sites SECTION XVi: COMMERCIAL WIRELESS TELECOM- MUNICATION SITES 16. 0 COMMERCIAL WIRELESS TELECOMMUNICATIONS SITES 16.1 Purpose. The purpose of this regulation is to provide for the.establishment and/or expansion of cellular telephone, mobile radio communication systems within the Town of South Windsor while pro- tecting neighborhoods and minimizing the adverse visual and operational effects of wireless telecommunications facilities through careful design, siting and screening. This regulation has been designed to be in compliance with the Telecommunications Act of 1996. A facility may be approved after special exception application, following a public hearing pur- suant to consideration of criteria enumerated in these regulations. Such uses will be allowed when the Commission has determined that: a. There will be minimal adverse effects on uses in the area; 41.1 b. Surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted; 'ZIA --:. ! A 44- 17, /&A-24 /Gt4&, c. The land is physically suited for such use and minimal adverse environmental and aesthetic impacts are created,including but not limited to: 1. whether alternate sites were exhausted Yew►- 2. what lies within the fall zone of a tower 3. existence of endangered species AvAT 4. whether other development is being proposed or considered at or near the site IW^-A 5. historical, architectural, and archaeological sites listed on the National Register or the State Register of Historic Places,or eligible for listing on them AA A X 6. effect on bird habitats /-pv,,r 7. length,of access road—the longer it is, the more destructive of bird and animal sanctu- aries,and.the more stormwater runoff is generated,and N/,4 8. psychological injury that could result if a major natural area were intruded upon._4,1A d. Public health and safety will not be adversely affected. P,,e More specifically this regulation has been developed in order to: a. Maximize use of existing:and a roved to rs Znumber r structures to accommodate new antennas and transmitterrder a the of communication towers needed to serve the community; A11,b. Encourage providers to ccato eir facilitiesle site; 205 South Windsor Zoning Regulations C. SiteXande below visually prominen dge Iines; d. Min ation of facilitie n visually sensitive areas; e. Encative sign easures to camouflage facilities; f. Protc and re ' tial areas from potential adverse impacts of communication tow- ers; g. Avodamage to adjac t properties from tower failure through engineering and careof tower structures.h. Miniference with existing na 1 scenic vistas.. 16.2 Location Preferences. The locations for siting the equipment involved in receiving or transmitting electromagnetic waves associated with commercial wireless telecommunication services are listed below in or- der of preference. a. On existing structures such as buildings, water towers and utility poles;. existing or previ- ously-approved towers b. On new towers with visual mitigation in commercial and industrial districts. —7�1 c. On new towers located in commercial or industrial zones. d. In locations where the existing topography,vegetation,buildings or other structures provide the greatest amount of screening. e. On new towers less than 60 feet in height located in residential zones. f. On new towers 60 feet or greater in height located in residential districts. 16.3 General Requirements a. Application for any PCS facility shall be made by a licensed carrier only. b. Antennas and towers may be considered either a principle or accessory use. An existing telecommunications facility or other use on the site shall not necessarily preclude the loca- tion of a new facility on the site, if the new facility meets the intent,standards and the re- quirements of these regulations. c. The height of the tower to be constructed shall not exceed 175 feet. /'20 d. No commercial wireless telecommunication site shall be located within 1,000 feet of a playground or school primarily attended by persons under 18 years of age. A_bz� e. No commercial wireless telecommunication site shall be located within 500 feet of a resi- dence . f. No tower shall be located within 1,000 feet of the boundary of an approved historic district. 0�_' g. No lights shall be mounted on proposed towers unless otherwise required by the FAA. No�� strobe lighting is permitted. 206 4 Section XVI: Commercial Wireless Telecommunication Sites h. Towers not requiring special FAA-painting or markings shall be painted a non-contrasting .blue,gray or black. i. No tower shall be located on municipally owned land designated as open space except by OK the Town as the applicant. j. All towers shall be a monopole design and shall be designed to collapse upon themselves. k The Commission may require that monopoles be of such design and treated with an archi- tectural material so that it is camouflaged.Antennas or equipment buildings/boxes mounted Arlk to or on buildings or structures shall to the greatest degree possible blend with the color and design of such building. Roof mounted antenna shall.not exceed 10 feet above the height of the building and should be set back on the building so that it is visually less noticeable. L Any Proposed tower shall be designed in all respects to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over ISO feet in height. The Commission may require the tower to be of such design as to allow for ���future rearrangement of antennas upon the tower and to accommodate antennas mounted at varying heights, m. Each tower site must be served by a driveway with parking for at least one vehicle. n4 All dish antennas shall be of mesh construction in conjunction with an application for a permitted use and the Commission in conjunction with an application for a special permit./V/,4' o. Dish antennas shall not exceed 3 feet in diameter. panel antennas shall not exceed 2 X 6 feet. p. No proposed commercial wireless telecommunication site shall be designed, located orop- erated as to interfere with existing or proposed public safety communications. q. The design of all commercial wireless telecommunication sites shall comply with the stan- dards Promulgated by the FCC for.non-ionizing electromagnetic emissions. In the absence of such standards sites shall comply with standards set by the Institute of Electrical and �4 ' Electronics Engineers for safe human.exposure to radio frequency electromagnetic fields. Approved tower owners shall submit an annual report detailing the maximum current measurement and future projection of the measurement of radio frequency emissions. r. All utilities proposed to serve a commercial wireless telecommunication site shall be in- Vic- stalled underground unless otherwise approved by the Commission. s. All generators installed in conjunction with any commercial wireless telecommunication site shall comply with all State and local noise regulations. �✓/ 16.4 Bulk Requirements a. Lot Size. Wireless telecommunication sites containing a freestanding tower shall not be lo- cated on any lot less than'20,000 square feet in area. Where it is proposed that such a wire- 0 less telecommunication site occupy a lot as a principle use the minimum lot size shall be equal to that required for the underlying zone or 20,000 square feet,whichever is greater. b. Setbacks 207 0 ` "LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1132 SOUTH WINDSOR,CONNECTICUT 06074-1132 TEL.(860)644-2565 August 30, 2005 FAX(860)644-2567 Certified Mail E-MAIL:WCGESO@AOL.COM Mary Lou, LLC 77 Ferncliff Drive West Hartford, CT 06119 Re: Mitchell Property Group,LLC—Garage and Storage Area 38 Ident Road,South Windsor, CT 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 38 Ident Road, South Windsor, Connecticut 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. Very truly yo, ne istopher Gerlt Atto for the Applicant WCG:mt t -LAW OFFICES OF WAYNNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1 132 SOUTH WINDSOR,CONNECTICUT 06074-1132 TEL. (860)644-2565 August 30, 2005 FAX(860)644-2567 Certified Mail E-MAIL:WCGESQOAOL.COM Mr. George Haller P. 0. Box 32 New Hartford, CT 06057 Re: Mitchell Property Group,LLC—Garage and Storage Area 38 Ident Road, South Windsor, CT 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 38 Ident Road, South Windsor, Connecticut 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. Very truly yr e ttorne r the Applicant WCG:mt r ' r ,1 . ` LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1 132 SOUTH WINDSOR,CONNECTICUT 06074-1132 TEL. (860)644-2565 August 30, 2005 FAX(860)644-2567 Certified Mail E-MAIL:WCGESQOAOL.COM George Haller Family, LLC P. 0. Box 32 New Hartford, CT 06057 Re: Mitchell Property Group,LLC—Garage and Storage Area 38 Ident Road, South Windsor, CT 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 38 Ident Road, South Windsor, Connecticut 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. Very truly yo e Ghn er Gerlt ttorney the Applicant WCG:mt o gOWN Sfq Town 0.14C SotdA VlAd4ot w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074. f�OSOR•Co TELEPHONE (860) 644-2511 December 15, 2005 CERTIFIED #70020460000197444439 Mitchell Property Group, LLC c/o Wayne Gerlt, Esquire P.O. Box 1132 South Windsor, CT 06074 RE. Application #2658-05—Mitchell Property Group, LLC, 38 Ident Road, I zone Dear Attorney Gerlt: At the meeting of the South Windsor Zoning Board of Appeals held on December 1, 2005, the Board approved with conditions your request for a variance to section 10.4.1 to allow the reduction of the 25' buffer to 10', (to coincide with the 10' side yard setback), for approximately 130 feet along the southerly boundary for property located at 38 Ident Road, 1 zone. The Board concluded the hardship to be the placement of the building, which is too close to the property line. The buffer restricts the ability to safely turn the buses into the garage. The following condition was placed on this application: No structures to be constructed within 35' of the boundary. 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, 1� tephen Wagner, Chair erson 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 December 1, 2005, the Zoning Board of Appeals granted to: Mitchell Property Group, LLC, c/o Wayne Gerlt, Esquire, P.O. Box 1132, South Windsor, CT., a variance to section 10.4.1 to allow the reduction of the 25' buffer to 10', (to coincide with the 10' side yard setback), for approximately 130 feet along the southerly boundary, I zone. Condition: No structures to be constructed within 35' of the boundary. on premises located: 38 Ident Road and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: Mitchell Property Group, LLC Dated at South Windsor, Connecticut this 15th day of December, 2005. r tephen Wagner, C airperson PUBLIC ACT#75-317 Received for Record this day of 2005 at VOLUME PAGE TOWN CLERK y SCHEDULE-A Parcel#1 All that certain piece or parcel of land, with all improvements thereon, located in the Town of South Windsor, County of Hartford and State of Connecticut,-on the easterly side of Ident Road so-called,being more particularly bounded and described-as follows,to wit: Commencing at a point marked by an iron pipe set in the easterly boundary of said Ident Road, which iron pipe is located twenty-nine and seventy-five one-hundredths (29.75) feet northeasterly of a merestone-set in the easterly boundary of Ident Road, as measured along said easterly boundary(said iron pipe also marks the northwesterly corner of premises owned now or formerly by George Haller); thence moving in a northeasterly direction in a straight line along the easterly boundary of said Ident Road, a distance of one hundred forty-five (145) feet to a Point; thence moving in a southeasterly direction in a straight line along other land of Edward A. Bancroft, also known as Edward A.Bancroft, Jr., a distance of two hundred eighty-one and ninety-one one-hundredths (281.91) feet to a point set in the northwest boundary of premises owned now or formerly by Rennselaer Polytechnic Institute of Conn., Inc.; thence moving in a southwesterly direction in a straight line along the northwest boundary of premises owned now or formerly by Rennselaer Polytechnic Institute of Conn. Inc. a distance of one hundred forty- five (145) feet to a point marked by an iron pipe set in the northeast boundary of said premises owned now or formerly by George Haller; thence moving in a northwesterly direction along the northeast boundary of premises owned now or formerly by.George Haller and at an interior angle of 880 59' 35"a distance of two hundred eighty-two and six one-hundredths (202.06) feet to the point and place of beginning. The last described bound makes an interior angle with the first described.bound of 90°56' 35". Parcel#2 A certain piece or parcel of land as shown on a map or plan,entitled."Property of Edward A. Bancroft, Jr. to be conveyed to Carmine M. Esposito & Frank DiGennaro, Ident Road & Strong Road, South Windsor, Conn., Scale 1" = 50' April 10, 1974 Stephen A. Filip, Land Surveyor, Ashford, Conn." which map or plan is on file in the office of the Town Clerk of the Town of South Windsor, to which reference is hereby made, and being more particularly bounded and described as follows,to wit: NORTHEASTERLY: by Strong Road,. two hundred sixty-one and fifty-one one hundredths(261.51)feet; SOUTHEASTERLY: by land now or formerly of Samuel H. and Louis H. Goldberg, three hundred twenty-three and seventeen one hundredths(323.17) feet; SOUTHWESTERLY: by land now or formerly of Carmine M. Esposito and Frank DiGennaro, two hundred eighty-one and ninety one hundredths (281.90)feet; NORTHWESTERLY: by Ident Road, two hundred ninety-eight and fifty-three- one hundredths(298.53)feet; and NORTHERLY: by a curve connecting Ident Road with Strong Road, as shown on said map,thirty-one and forty-two one hundredths (31.42)feet. Said premises are subject to building,building line and zoning restrictions of the Town of South Windsor. Said premises are also subject to taxes on the Grand List of October 1, 2002 and thereafter,payable to the Town of South Windsor.