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Home My WebLink AboutVariance (804) 4 , f j TOWN OF SOUTH WINDSOR Application# APPLICATIONFOR Date ZONING BOARD OFAPPEALS Receipt# IMPORTANT.• This application must be submitted to the Planning Department by the second Thursday of the preceding month to insure being heard at the next meeting. ALL rMMS MUST BE ANSWERED AND ALL SUPPLEMENTS 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 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.bymail. • 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: Mitchell Property Group, LLC c/o Wayne Christopher Gerlt 2. Mailing Address: P• 0• Box 1132 South Windsor, CT 06074 3. Telephone#: 860-644-2565 4. Owner of record of property in question: Mitchell Property Group, LLC 5. Location of property in.question: 90 Brookfield Street Assessor's Map# Parcel# Zone 6. Is applicant a corporation or co-partnership? (If corporation,submit a list of officers. If co partnership, submit a list of owners). 7. Please indicate if the applicant is owner,lessee, or prospective tenant: 8. Check one of the following: (X) Request Variance to Section of the Zoning Regulations to allow See Exhibit A attached. ( ) 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. No 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. 11.Is this property within 500 feet of another town line? No 12.Is this property within the Connecticut Water Aquifer area?. Yes orQ 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. See Exhibit B attached. I hereby declare that the data&information.contained herein is accurate to the best of my knowledge. Dated this day of September Year 2005 Applicant•. Mitchell Property Group, LLC By: (Signature) c ell Pro rt Group, LLC By: OWNER �� $ (Signature) Approved: Denied: Exhibit A 8. Request variance to Section 10.4.1 of the Zoning Regulations to allow a buffer of 18 feet rather than 50 feet for a distance of approximately 40 feet at the Northwesterly corner of the property to accommodate a proposed 200 foot long storage shed. The 18 foot buffer and the 10 foot side yard would allow the shed to be 28 feet from the sideline. In addition, we request a variance of Section 10.4.1 to'permit a zero buffer along the Northerly boundary of the property for a distance of approximately 100 feet to permit a proposed 100' x 30' storage shed to be erected at that location; and A variance of Section 10.2 to allow a side yard of 5 feet rather than 10 feet to permit the same shed to be erected, all as shown upon the enclosed plan. Exhibit IB 13. Currently, this property has several storage trailers upon it within which various equipment and supplies for the business are stored. The Zoning Enforcement Officer and the Planning&Zoning Commission insist that the trailers be eliminated as they are not permitted. In order to accommodate the storage needs of the business, the storage sheds proposed are needed. The location of the sheds has been selected with emergency access in mind. The tenant, Environmental Services, Inc., is a licensed chemical spill contractor whose business is the clean- up and remediation of chemical and industrial waste from roadsides and other properties. The equipment to be stored in these sheds is already on the premises and consists of items such as pumps, tires, empty containers, truck parts, mechanical parts for equipment, plastic bags, gloves, suits to protect workers and other various items. The sites selected were based upon their proximity to the offices and parking areas, and the ability of the company to keep them open and available in all weather conditions, and to access them on a moment's notice, even in the middle of the night. The application of the side yard and buffer requirements would prohibit the construction of the buildings. The property is so affected by wetlands and buffer requirements that other locations are not feasible with the traffic patterns require for the large vehicles that operate out of the site. SCHEDULE C (90 Brookfield Street, South Windsor, CT) All that certain piece or parcel of land with all the improvements thereon, situated in the Town of South Windsor, County of Hartford, State of Connecticut, being known as 90 Brookfield Street, more particularly bounded and described as follows: Commencing at a point in the easterly line of Brookfield Street which point marks the Southwesterly corner of premises now or formerly of John James Mitchell et al; thence running in an easterly direction along the southerly line of land now or formerly of John James Mitchell et al 313.71 feet to a point; thence running northerly along the easterly line of land now or formerly of said John James Mitchell et al 121.63 feet to a point; thence running easterly along the southerly line of land now or formerly of Jean E. Shepard 759.57 feet to a point; thence running southerly along the westerly line of land now or formerly of Marvin Hoberman 977.15 feet to a point; thence running westerly along land now or formerly of one Krist 497.93 feet to a point; thence running northerly along land now or formerly of Mary R. Masuta 202.51 feet to a point; thence running northerly along the easterly line of land now or formerly of Joseph M. Mitchell et al 149.89 feet to a point; thence running westerly along the northerly line of land now or formerly of Joseph M. Mitchell et al 206 feet to the easterly line of Brookfield Street; thence running northerly along the easterly line of Brookfield Street, 408.93 feet to the point of beginning. LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1 132 SOUTH WINDSOR,CONNECTICUT 06074-1132 TEL. (860)644-2565 September 7, 2005 FAX(860)644-2567 CERTIFIED MAIL E-MAIL:WCGESO@AOL.COM RETURN RECEIPT REQUESTED Carlton E. and Rose Johnson 70 Brookfield Street South Windsor, CT 06074 Re: 70 Brookfield Street,South Windsor, CT Mitchell Property Group,LLC Variance Application for 90 Brookfield Street, 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 90 Brookfield Street, 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 yours �l W e Christ er Gerlt Attorney f the Applicant WCG:mt -LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1 132 SOUTH WINDSOR,CONNECTICUT 06074-1132 TEL.(860)644-2565 September 7, 2005 FAX(860)644-2567 CERTIFIED MAIL E-MAIL:WCGESOCAOL.COM RETURN RECEIPT REQUESTED Mrs. Judith F. LaPointe 50 Brookfield Street South Windsor, CT 06074 Re: 50 Brookfield Street, South Windsor, CT Mitchell Property Group,LLC Variance Application for 90 Brookfield Street, 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 90 Brookfield Street, 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 - , C 's er Gerlt orney the Applicant WCG:mt i M LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1132 _ SOUTH WINDSOR,CONNECTICUT 06074-1 1 32 TEL. (860)644-2565 September 7, 2005 FAX(860)644-2567 CERTIFIED MAIL E-MAIL:WCGESQ®AOL.COM RETURN RECEIPT REQUESTED John James &Della T. Mitchell 40 Windy Hill South Windsor, CT 06074 Re: 110 Brookfield Street, South Windsor, CT Mitchell Property Group,LLC Variance Application for 90 Brookfield Street, 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 90 Brookfield Street, 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 your a C s er Gerlt ttorney f the Applicant WCG:mt e LAW OFFICES OF WAYNE 'CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1 132 SOUTH WINDSOR,CONNECTICUT 06074-1132 TEL.(860)644-2565 September 7,2005 FAX(860)644-2567 CERTIFIED MAIL E-MAIL:WCGESQOAOL.COM RETURN RECEIPT REQUESTED John Stigliano Living Trust 30 Brookfield Street South Windsor, CT 06074 Re: 30 Brookfield Street,South Windsor, CT Mitchell Property group,LLC Variance Application for 90 Brookfield Street, 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 90 Brookfield Street, 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 er Gerlt Attorne or the Applicant WCG:mt x LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1132 SOUTH WINDSOR,CON NECTICUT 06074-1132 TEL.(860)644-2565 September 7,2005 FAX(860)644-2567 CERTIFIED MAIL E-MAIL:WCGESQOAOL.COM RETURN RECEIPT REQUESTED Mr. Mathew Galligan Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Open Space Land—Morgan Farms Mitchell Property Group,LLC Variance Application for 90 Brookfield Street,South Windsor,CT Dear Mr. Galligan: 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 90 Brookfield Street, 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 m� embers of the public are invited to the hearin to ask questions s and/or give comments. You may also submit y t written com ments regarding the application prior to the hea ring 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 , ay�n Chn pher Gerlt olmey the Applicant WCG:mt " LAW OFFICES OF WAYNE CHRISTOPHER GERLT 1 12 DEMING STREET P.O.BOX 1 132 SOUTH WINDSOR,CONNECTICUT 06074-1 1 32 TEL.(860)644-2565 September 7, 2005 FAX(860)644-2567 CERTIFIED MAIL E-MAIL:WCGESOpAOL.COM RETURN RECEIPT REQUESTED Town Clerk Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Re: Open Space Land—Morgan Farms Mitchell Property Group, LLC Variance Application for 90 Brookfield Street, South Windsor, CT Dear Town Clerk: 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 90 Brookfield Street, 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 your Val e opher Ge. Attorne or the Applicant WCG:mt LAW OFFICES OF WAYNE CHRISTOPHER GERLT 112 DEMING STREET P.O.BOX 1132 SOUTH WINDSOR,CON NECTICUT 06074-1132 TEL.(860)644-2565 September 7,2005 FAX(860)644-2567 CERTIFIED MAIL E-MAIL:WCGESWAOL.COM RETURN RECEIPT REQUESTED MB S Graham, Inc. 200 Sullivan Avenue South Windsor, CT 06074 Re: 124 Brookfield Street, South Windsor, CT Mitchell Property Group,LLC Variance Application for 90 Brookfield Street,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 90 Brookfield Street, 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 your , W hri r erlt Atte ey for e Applicant WCG:mt o I o` 4 f G5 2ƒ » 4 J + < # ± � J f / � Town 0 South Windsor General Map CONDOS � Connecticut 9 Brookfield Street PARCELS Date Printed: Se�! min 2,2005 ROAD NAMES 0 400 Feet < w Property boundaries are derived from the Town of South Windsor Tax Assessor maps,digitized..scale«,inch=,e feet,and include the same data limitationstea er_+__m_m other and, / of be used��a �af� zo to present graphical representation of property�_@a portrayed� : inherent limitations, l f S Oy1N Sf, C ti F 7_0_u / V 01P S_0� V&U&ot J 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 �f�Osoa•c° TELEPHONE (860) 644 2511 December 15, 2005 CERTIFIED #70020460000197444453 Mitchell Property Group, LLC c/o Wayne Gerlt, Esquire P.O. Box 1132 South Windsor, CT 06074 RE: Application #2659-05—Mitchell Property Group, LLC, 90 Brookfield Street, GC 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 variances to section 10.4.1 to allow: 1) the reduction of the boundary from 50' to 18' for approximately 40' along the northwesterly corner; and 2) the elimination of the 50' buffer for approximately 100 ' along the northerly boundary, for property located at 90 Brookfield Street, GC zone. The Board concluded the hardship to be that the location of the wetlands to the south and east of the property and the placement of other structures on the property leaves limited space to place the proposed sheds. The Board placed the following conditions on this application: 1. The applicant/owner of the property continues to eliminate the unnecessary trailers on the property in accordance with the Planning &Zoning Commission site plan approval. 2. The 200' x 40' shed and 100' x 40' shed be located on the property as shown on the plans prepared by Zuvic Associates, Inc. dated 7/8/2005. 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, ��ephen Wagner, Chai personWagner, Chai person 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 Gedt, Esquire, P.O. Box 1132, South Windsor, CT., variances to section 10.4.1 to allow: 1)the reduction of the boundary from 50' to 18' for approximately 40' along the northwesterly comer; and 2) the elimination of the 50' buffer for approximately 100' along the northerly boundary, GC zone. on premises located: 90 Brookfield Street and more particularly bounded and described as follows: Commencing at a y i mg point in the easterly line of Brookfield Street which point marks the Southwesterly corner of premises now or formerly of John James Mitchell et al; thence running in an easterly direction along the southerly line of land now or formerly of John James Mitchell 1 et al.313.71 feet.to a point; thence Homing northerly along.the easterly line of land now or formerly of said John James Mitchell et al 121.63 feet to a point; thence running easterly along the southerly line of land now or formerly of Jean E. Shepard 759.57 feet to a point; thence running southerly along the westerly line of land now or formerly of Marvin Hoberman 977.15 feet to a point; thence running westerly along land now or formerly of one Krist 497.93 feet to a point; thence running northerly along land now or formerly of Mary R. Masuta 202.51 feet to a point; thence running northerly along the easterly line of land now or formerly of Joseph M. Mitchell et al 149.89 feet to a point; thence running ring westerly along the northerly line of land now or formerly of Joseph M. Mitchell et al 206 feet to the easterly line of Brookfield Street; thence running northerly along the easterly line of Brookfield Street, 408.93 feet to the point of beginning. OWNER OF RECORD: Mitchell Property Group, LLC Dated at South Windsor, Connecticut this 15th day of December, 2005. Y ephen Wagner, Chairperson PUBLIC ACT#75-317 Received for Record this day of 2005 at VOLUME PAGE TOWN CLERK