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Home My WebLink AboutVariance (808) TOWN OFSQUTH WINDSOR Application # -� APPLICATION FOR - Date i87 QS ZONING BOARD OF APPEALS 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 ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. SECTION I.—;GENERAL INFORMATION 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. SECTION II—REQUIRED INFORMATION 1. Applicants; DBB Management, LLC & McGuire Road Associates, LLC 2. Mailing Address: c/o Harold R. Cummings, Esq. 1610 Ellington Road, PO Box 667, South Windsor,CT 06 74 3. Telephone#: 860-644-3473 4. Owneriof record of property in question: DBB Management, LLC & McGuire Road Associates, LLC 5. Location of property in question: 59 & 67 McGuire Road I Assessor's Map # 5 Parcel* 14 & 15 Zone GC 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). Limited Liability Companies - Owners: Patrick Brannon&Lynn Brannon 111 Farm Brook Lane . SECTIONH—REQUIRED INFORMATION continued Windser' 7. Please indicate if the applicant is owner, lessee, or prospective tenant: owners L_ -- --� 8. Check one of the following: (x)Request Variance to Section 10.4. 1 of the Zoning Regulations to allow elimination of 50' buffer along Northerly (424.98') and Westerly (460.88') boundaries. See attached Exhibit A and Map. ( ) State hearing under Section of the General Statutes for O 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. N/A 11. Is this property within 500 feet of another town line? No 12. Is this property within the Connecticut Water Aquifer area? Yes o 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. See Exhibit A attached. SECTION III—DATES AND SIGNATURES I hereby declare that the data& information contained herein is accurate to the best of my knowledge. Dated this 7th day of November Year 2005 Applicant: DBB Management, LLC & McGuire Road Associates, LLC Bo (Signature) a Manager/Memb OWNER: DBB Management, LLC & McGuire Road Associates, LLC Both B (Signature) nnon Mfifiager/Member SECTION IV—ACTION OF THE BOARD Approved: Denied: LAW OFFICES CUMMINGS,LANZA AND PURNHAGEN,L.L.C. 1610 ELLINGTON ROAD POST OFFICE BOX 667 SOUTH WINDSOR,CONN.06074-0667 HAROLD R.CUMMINGS (860)644-3473 MICHAEL J.LANZA FAX(860)644-3347 OF COUNSEL VINCENT J.PURNHAGEN EDWARD R.KUEHN EMILY OLSON November 11, 2005 CERTIFIED MAIL AND RETURN RECEIPT REQUESTED Edward T. Sunderland III 1464 Main Street South Windsor, CT 06074 RE: ZBA Application: - 59 and 67 McGuire Road, South Windsor DBB Management, LLC and McGuire Road Associates, LLC Dear Mr. Sunderland: In accordance with the Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that a Site Plan Application has been filed with respect to property abutting yours at 59 and 67 McGuire Road 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. Sincere SincerelN yours, J/rolldR. Cummings Attorney for DBB Management, LLC and McGuire Road Associates, LLC Telephone Number: 644-3473 HRC:es cc: DBB Management, LLC LAW OFFICES CUMMINGS,LANZA AND PURNHAGEN,L.L.C. 1610 ELLINGTON ROAD POST OFFICE BOX 667 SOUTH WINDSOR,CONN.06074-0667 HAROLD R.CUMMINGS (860)644-3473 MICHAEL J.LANZA FAX(860)644-3347 OF COUNSEL VINCENT J.PURNHAGEN EDWARD R.KUEHN EMILY OLSON November 11, 2005 CERTIFIED MAIL AND RETURN RECEIPT REQUESTED SWTP, LLC 95 John Fitch Boulevard South Windsor, CT 06074 RE: ZBA Application: - 59 and 67 McGuire Road, South Windsor DBB Management,LLC and McGuire Road Associates,LLC Dear Mr. and Mrs. Earnshaw and Mr. and Mrs. Petkis: In accordance with the Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that a Site Plan Application has been filed with respect to property abutting yours at 59 and 67 McGuire Road 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. Sine rely yours, 4arold . Cummings Attorney for DBB Management, LLC and McGuire Road Associates, LLC Telephone Number: 644-3473 HRC:es cc: DBB Management, LLC LAW OFFICES CUMMINGS,LANZA AND PURNHAGEN,L.L.C. 1610 ELLINGTON ROAD POST OFFICE BOX 667 SOUTH WINDSOR,CONN.06074-0667 HAROLD R.CUMMINGS (860)644-3473 MICHAEL J.LANZA FAX(860)644-3347 OF COUNSEL VINCENT J.PURNHAGEN EDWARD R.KUEHN EMILY OLSON November 7, 2005 Marcia Banach, Director of Planning Town of South Windsor 1540 Sullivan Ave South Windsor CT 06074 RE: DBB Management,LLC McGuire Road Associates,LLC Application for Variance Dear Marcia: The names and addresses of persons owning property abutting 59 and 67 McGuire Road, South Windsor are: 1) Edward T. Sunderland III 1464 Main Street South Windsor, CT 06074 2) SWTP, LLC 95 John Fitch Blvd South Windsor, CT 06074. Sincerely ours, d R. Cummings A orney for cGuire Road Associates LLC DBB Management LLC EXHIBIT A VARIANCE APPLICATION— DBB MANAGEMENT,LLC AND McGUIRE ROAD ASSOCIATES, LLC Questions 8 and 13: A. Section 10.4.1 of the South Windsor Zoning Regulations requires a 50' buffer between a general commercial zone and a residential zone. The Applicants request that the 50' buffer requirement along the northerly and westerly bounds of 59 and 67 McGuire Road, South Windsor, Connecticut, be reduced to zero. B. 67 McGuire Road, owned by DBB Management, LLC, is occupied by Hartford Truck Equipment, Inc., a corporation also owned by Patrick and Lynn Brannon. As a result of the redesign of the South Windsor exit ramp, Interstate 291 (which is located just northerly of McGuire Road, adjoining the subject properties), the McGuire Road access to Connecticut Route 5 was eliminated. Elimination of the McGuire Road connection to Route 5 resulted in a significant hardship to the commercial properties along the southerly side of McGuire Road. Patrick and Lynn Brannon as DBB Management, LLC, bought the parcel of land immediately north of McGuire Road with the intent of constructing an office building and showroom to accommodate their expanding business needs. Given concerns over intensification of the commercial use of McGuire Road, absent a direct connection to Route 5,the Planning and Zoning Commission denied the Brannons' request for a zone change from residential to general commercial for their parcel northerly of McGuire Road. At that hearing, several members of the Planning and Zoning Commission expressed sympathy with the Brannons' situation and suggested that the Brannons explore the feasibility of acquiring an alternate means of access to Route 5 from their location. C. Based upon those comments, the Brannons entered into negotiations with Johnston McKee, the then owner of 95 John Fitch Boulevard (the Ten Pin Bowling Alley facility). Subsequently,the Brannons acquired a travel easement and utility right-of-way over the Ten Pin Bowling Alley property from Route 5 to 59 and 67 McGuire Road, as shown on the attached Map. D. In order for the Brannons to properly locate the roadway access to their property and in order for them to obtain sufficient area to increase their outside storage, the Bannnons, in December 2004, acquired 59 McGuire Road from G. Edward King. E. As shown on the attached Map, 59 McGuire Road is (and has been for many years) intensively developed with buildings and parking areas and other improvements located within what would otherwise be the 50'buffer area now required under the existing South Windsor Zoning Regulations. To the best information and belief of the Applicants, all of the existing improvements shown on the attached Map were constructed prior to the enactment of the 50' buffer requirement in the South Windsor Zoning Regulations. 1 s F. The property to the west of 59 McGuire Road, as shown on the attached Map, is owned by Edward T. Sunderland III. The two large buildings shown on the Sunderland property are and have been for a considerable period of time, utilized by Edward Sunderland for commercial purposes—woodworking and manufacturing and assembly of commercial products. Therefore, while the Sunderland property is zoned residential, it is currently being used for a non-conforming commercial use. In addition, as indicated,the land northerly of McGuire Road, across the street from 59 and 67 McGuire Road, while zoned residential, is also owned by Applicant, DBB Management,LLC. G. Apparently, none of the previous owners of 59 or 67 McGuire Road ever filed a Site Plan Application with the Town of South Windsor(if, in fact, one was required when the improvements were constructed). In order to bring their properties into conformity with current South Windsor Zoning Regulations,the Applicants have filed a Site Plan Application with the South Windsor Planning and Zoning Commission. Application of the 50'buffer requirement pursuant to Section 10.4.1 of the South Windsor Zoning Regulations, along the westerly and northerly boundaries of the subject properties will cause undue difficulty or hardship to the Applicants. As indicated on the attached Map,the Applicants are not proposing any new activities within the buffer area. The existing structures and improvements on the property are pre-existing, non-conforming, legal structures. Strict application of the buffer regulation would interfere with and prevent the orderly development of the remainder of the property. H. The buffering requirement, in this case, will not act to protect any residential use to the west, given the fact that that property is already dedicated to commercial use. In addition, the land to the north of 67 McGuire Road(340' of frontage on McGuire Road), is owned by one of the Applicants and abuts the exit ramp from Interstate 291. 1. The imposition of a 50'buffer requirement and elimination of the connection of McGuire Road to Connecticut Route 5 has worked a substantial hardship on the Applicants and has resulted in their having to go to extraordinary lengths to provide for orderly development of their property. 2 SCHEDULE A II. 67 McGUIRE ROAD, SOUTH WINDSOR a certain pare.!of 1;md,%%-I(!t all buildings and improvcnients(hereon,simatcd in the Town of South \\'indsm,County of I lar furl,and State ol'Connecticut,known as 07 �iMcGuire Road,shOW11 on a n!ap Clitltled "Property of Ernest 1.Arsenault and Frank N. [larone G7 McGuirC Rd. Suulh \4"indsur Scalc I"=40' -April l965 John 1{. Kcithlinc, Rc;. Land Surveyor East I Iirtford,Conn.",and ntorc particularly bounded and described as follows: Northerly: by McGuire Road, 104 feet, more or Icss; Easterly: by land now or formerly of the St:ue of more or Icss; sowherly: by laid now or I'urmcrly ol'E. `,tunt:r,tu :u;il J. 13i„si. i.'-.• tr :, murc or Icss:and 1\'u:;tcrly: by land nu\y or lurnterty ol,L. Montcuw ::nd J. tS;ua:, Zu!I more or Icss. C.6. 60 ` I x I LJ 50.4 x R • Ce S Y 56.9N ca. r- V0,ku�,y,. 'm''��F�"' att„* � � r � s �zt x Y t k r �wati W t a ks� �r �•. a � • CBS a � � f i � a d l� E re 2 a w 54.5 4.9 fEt � 4V Ek 0.� 546 � 53.0 x 53.4 ce x / �S•S / PARKING AREA : x 53.2 Town of South Windsor General Map N !WATERCOURSES Connecticut 59 and 67 McGuire Road ' CONDOS t° 0 PARCELS ° Date Printed: November 18,2005 WETLANDS 0 100 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. 7 SOW N Sf4 �.� m � w� 7-0� O-P S10U� ?&U/460t 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f~OSOR-CO TELEPHONE (860) 644-2511 December 15, 2005 CERTIFIED#70020460000197444477 Cummings, Lanza & Purnhagen LLC 1610 Ellington Road South Windsor, CT 06074 RE. Application #2668-05—DBB Management, LLC, 59 & 67 McGuire Road, GC zone Dear Attorney Cummings: 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 the elimination of the 50' buffer required along the northerly and westerly boundary at 59 McGuire Road and the elimination of the 50' buffer required along the northerly boundary at 67 McGuire Road, GC zone. The Board concluded the hardship on the property to be as follows: 1) Placement of the structures predates zoning regulations. 2) The situation was exasperated by the closing of the McGuire Road entrance onto John Fitch Boulevard and the construction of the 1-291 exit. The condition placed on the application is that in the event that the property to the west is developed residentially, the owner of 59 McGuire Road would be required to provide screening along the westerly 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, a tephen Wagner, Chai erson Zoning Board of Appeals SW:dr cc: Building Department I 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: DBB Management, LLC, variances to section 10.4.1 to allow the elimination of the 50' buffer required along the northerly and westerly boundary at 59 McGuire Road, GC zone. Conditions: In the event that the property to the west is developed residentially, the owner of 59 McGuire Road would be required to provide screening along the westerly boundary. on premises located: 59 McGuire Road and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: McGuire Road Associates, LLC Dated at South Windsor, Connecticut this 15th day of December, 2005. 44 r S ephen Wagner, Ch irperson PUBLIC ACT#75-317 Received for Record this day of 2005 at . VOLUME PAGE TOWN CLERK SCHEDULE A I. 59 McGUIRE ROAD, SOUTH WINDSOR A certain piece or parcel of land situated in the Town of South Windsor, county of I-lartford and State of Connecticut being shown and designated as parcel 2 on a map entitled, "RESUBDIVISION PLOT PLAN .&TOPOGRAP14IC MAP FOR EDWARD SUNDERLAND McGuire Road, South Windsor, Conn. Date 12-15-55 Sheet 2 of 2 Scale: Hor. 1 in.40 ft. Revision Date: 1. Jan. 1987 2. 2-27-87" which map is to be filed on the South Windsor Land Records and to which reference is made fora more particular description. Said property is more particularly bounded and described as follows: Beginning at a point in the southerly line of McGuire Road, which point marks the Northeasterly corner of land herein conveyed and the Northwesterly corner of land now or formerly of Ronald Demco and Dominic K. Marra: .Thence turning and running Southerly along the Westerly line of land now or lormerly of said Ronald Demco and Dominic K. Marra,200.00 feet to a point; Thcncc turning and running Easterly along the Southerly line of-land now or lornierly of-said Itonald Demco and Dominic K. Marra, 155.23 feet to a point; Thence turning and running Southerly along the Westerly line of John Fitch Boulevard (Mc. 115) 227.12 feet to a point; Thence turning and running Wcstcrly along land now of formerly of John J. Barry and Johnston McKee, 479.46 feet to a point; Thence turning and running Northerly along tlic Easterly line of other land of the grantor being parcel number 3 on said map, 70.52 feet to a point; Thence continuing Northerly along the Easterly line of other land of the grantee, being parcel number 1 on said map, 390.53 feet to appoint in the Southerly line of McGuire Road; Thcncc turning and running along the Southerly lineof(\McGuire Road, 422.85 lect to the point and place of beginning. Together with drainage rights as set forth in an Agreement between George E. King and .lames Ir. S11,1w, dated April 2, 1980 and rccordcd in Volume 279 at Pagc 9 of the South Windsor Land Records; and rigii;:: subject to the conditions of a variance by the Town of South Windsor Zoning Board of Apl)cals dated J u l• 22, 1985 and recorded in Volume 411 at Page 83 of the South Windsor Land Records. 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: DBB Management, LLC, variances to section 10.4.1 to allow the elimination of the 50' buffer required along the northerly boundary at 67 McGuire Road, GC zone. Conditions: In the event that the property to the west is developed residentially, the owner of 59 McGuire Road would be required to provide screening along the westerly boundary. on premises located: 67 McGuire Road and more particularly bounded and described as follows: i a certain pa;cci of 1xid,ivith I all buildings and improvcntcnts thereon,situated in the Town of Souttf Windsor.County of I lartford,and State orconneeticut,known as 67 McGuire Road,shown on a Wrap entitled { "Property of Eniest J.Arsenault and Frank N.Barone 67 McGuire Rd.South Windsor Scale 1"=40' •April 1965 John li.Kcithline.Rej:. Land Surveyor East I lartford,Conn.-.aid more particularly bounded and described as follows: t Northerly: by McGuire Road. 104 feel,more or less; } I Easterly: by land now or funnerly of the State of Connecticut.?!1 more or less; Southerly: by land now or formerly of E.- lontano:u:d J. tiiosi. 1 S; :cc:. more or less;and Westerly: by land nuw or formerly of E.,Montano and J.U:om.?utt more or Icss. 3 OWNER OF RECORD: DBB Management, LLC Dated at South Windsor, Connecticut this 15th day of December, 2005. Stephen Wagner, Chairperson PUBLIC ACT#75-317 Received for Record this day of 2005 at VOLUME PAGE TOWN CLERK OCT. 3.2005 1:03PM CUMMINGS & LANZA NO.374 P.2i2 LAW oFCICE$ CUMMING$LANZA AND�URNHAGE)Y,I-4C, 1610 ELLINGTO(Y ROAD POST OFFICE BOX 667 SOUTIi%VMI SOR,COMA(.06014-0667 HAROLD R.CIIMMINGS (860)6444473 MICHAEL L LANZA PAX(040)644-3347 OF COUNSEL `VINCLNT J.PURNIiAGEN EbIII,Y OLSON EDNVARD R.KUEIIN October 3,2005 Via Facsimile and First Class Mail Fax Number: 644-3781 i i Barry D. Guliano,Esquire Town Attorney Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 i RE; Zoning Board of Appeals Applieation#2d54-05-DBB Management,LLC .Dear Attorney Guliano: In accord with my letter to you of September 6,2004 ,please be advised that, on behalf of my client,DBB Management,LLC,it hereby withdraws.' its appeal to the Zoning Board of Appeals. Based upon my discussion with Mr.Peter DeMallie;of Design Professionals,Inc„earlier today, I 4m advised that the requested site plan application wall be filed with.the Planning Department prior to the Z13A meeting on Thursday. jincly yours, R. Cummings HRC:es cc: Patrick Brannon,DBB Management,LLC Peter DeMallie,Design Professionals,Inc. Marcia Banaeh, Town Planner i