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HomeMy WebLinkAboutVariance (812) TO WN OF SO UTH WINDSOR Application# a `5 -(�4 APPLICATIONFOR Date 9-1 1—nq ZONING BOARD OF APPEALS Receipt# 948 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. Emm l. 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 obtain 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 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. 71Applicant.-: _I1BM t l t`�' Now r� '- rM F3 6-fL- 2. Mailing Address: 13 ( S r(o Old , U ob l oq 3. Telephone#: �� D - a O�-S x y 4. Owner of record of property in question �Jr� 1 5. Location of property in question: pt( (� Assessor's Map# l D Parcel# Zone R 6. Is applicant a corporation or co- ershi (If corporation, submit a list f officers. If co-partnership, submit a list of owners). &,vr`. 7. Please indicate if the applicant is owner, lessee, or prospective tenant: 8. Check one of the following: Request Variance to Section of the Zoning Regulations to allow �tb eve-C�-f ,a Se Fi✓® f Sh F.{� cite ( ) 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? J/D 12. Is this property within the Connecticut Water Aquifer area? Yes o 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. f p4 S GtNtGC ear' 1 D� fr �M r S ill rlvT" re�-v l��-f/��5 lail/l �r1 /��e a. c1 c�i'o �'+eLt g l�c3V - I hereby declare that the data&information contained herein is accurate to the best of my knowledge. Dated this day of r/ Year Applicant: (Signature) OWNER: (Signature) Approved: Denied: Jew Revised 12/04/98 I(ome o fort LLC Statement of Agent Authorization I hereby designate and authorize Home Comfort Now, LLC to act in my behalf as my agent in the processing of all permit applications and to furnish, as requested, supplemental information in support of this application for the residence located at: .S 60 ors>cce-4 rd u a wl,- 11ye . �7 0&0 7 V As legal property owner, I (we) accept the legally binding nature of this permit application and acknowledge the ultimate responsibility of the owner in executing the conditions of the approval. I also understand that this authorization does no nsfer ultimate responsibility for the approval to the age 71-27 S�na f Property Own r Date f Pr erty Owner Date E = � Volume 718 Page N® 142 + w ' SPECIAL WARRANTY DEED 003642 TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: g KNOW YE, THAT CITICORP MORTGAGE, INC.., a Corporation with its principal place of business in St, Louis, Missouri, acting i I herein by .Irving Vn''1 nrn•. its _ 1 V;rp Prne�Ann• duly authorized (the "Grantor"), for consideration paid, does hereby give, grant, bargain, sell and € convey to DAVID NEWIRTH and DEBORAH NEWIRTH having a mailing address of 1704 Mill Pond Drive, South Windsor, Connecticut 06074 'r 3 ("Grantees"), all of Grantor's right, title and interest, with rights of Survivorship, in a certain piece or parcel of property known as 560 Miller Road, located in the Town of South Windsor, County of Hartford and State of Connecticut as more particularly t described in Schedule A attached hereto and made a part hereof (the "Premises") . TO HAVE AND TO HOLD the Premises hereby conveyed with the 1 appurtenances thereof, unto them the said Grantees, their heirs, j successors and assigns forever, to them and their own proper use 1 and behoof, and the Grantor does for itself, its successors and assigns, covenant with the Grantees and with their heirs and assigns, that the Grantor is well seized of the Premises as a good indefeasible estate in FEE SIMPLE; has good right to grant and J convey the same in manner and form as herein written and the same y Z is free from all encumbrances made by the Grantor, except as shown j on SCHEDULE A. AND FURTHERMORE, the Grantor, for itself and its successors and assigns, shall warrant and defend the Premises to the Grantees and to their heirs and assigns forever against the lawful claims _ 1 ? and demands of all persons claiming by, through or under the Grantor, but against none other. s IN WITNESS WHEREOF, the Grantor has caused this instrument �h 1 ) to be executed in its corporate name this 3rd day of May , 1 1993. ` Signed and delivered CITICORP MORTGAG , INC. l in th presence of: i 1 y By: fValleroy t Its. 1 x Mark Cohen Vice President STATE OF MISSOURI ) ss: '� a COUNTY OF ST. LOUIS) T )e A On this 3rd day of May 1993, before me, the undersigned officer, personally appeared, James Valleroy ithe Vice President of Citicorp Mortgage, Inc. II signer of the foregoing instrument and acknowledged the same to be !; his/her free act and deed and the free act and deed of said Corporation. CONVEYANCE TAX RECEIVED SiATES IOCAL��'��'�/� Notary Public a My Commission expires'.;; TOWN CLERK OF SOUTH WINDSOR NANCY BUTLER: w 19 p� NOTARY PUBLIC STATE OF M16606fU RE~ FOR RECRD _ __r O R` � ST LOUIS CITY',` mar MY COMMISSION W DUNE r 199{ P / AT RE'::?RD`D —0iiNOSOR ] LAND REC. OL.� - i ASSISTANT TO C.l[t I � - -1 t,. e 21 Volume 718 Page N° 143 All that certain piece or parcel of land situated in the Town of South Windsor, County of Hartford, and State of Connecticut, more particularly bounded and described on a certain map entitled, "Plan Prepared for Lawrence A. Piano Miller Road South Windsor, CT. Meehan Associates Consulting Engineers Surveyors P.C. 387 North Main Street Manchester CT 06040 Plot Plan Scale I = 40, DRN MG Date 12-11-86 Sheet No. 1 of 1", which map or plan is on file in the South Windsor Town Clerk's Office and to which further reference 4, may be had. j Said pcemisas are more particularly bounded and described as follows: 1 •' NORTHERLY: By land now or formerly of Lawrence A. Piano, 175.00 feet; EASTERLY: By land now or formerly of Lawrence A. Piano, 279.96 feet; ti $' ^� SOMHEnLY: By Miller.Road, 191.26 feet; and s � � l WESTERLY: By land now or formerly of Longo, 202.d9 feet. i`- Containing 0.97 acres. 1>' x ft SCHEDULR A RrCEIVED FOR R CO9RR D 4'�s DATE MPY 2 4 YGL-1 (1 SOR.CT - ASSISTANT TOWN CLERK J o , «rd Town of South Windsor Connecticut General Map N ROAD NAMES e 560 Mil t,. ler Road CONDOS Date Printed: August 18,2004 "'�s PARCELS 0 100 Feet 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. Reference taken fran a nap entitled "Building Permit Plot Plan, Property of VI.C.G., Inc. 112. Denting St. $oath Windsor, Conn., Scale 1" = 40' 9-15-87, Drawn NAG, Sheet 1 of 1, .. it tech Associates, Inc., El neers- Sk zeyors, 13 Middle Turnpike East, tester, Conn." WF . F J o 00 N GERLUj e )O C,F A li � ^F 00 P�N�, •, � 2 6 �0 N/F GERLT r/ 3 � i)o cl U, 0) N � 6' N CD l s � 0`, t \ � .11 1 I R \�� N.W d %0` U) o 0 1 .� o 4 of LONGO' �`-i11 ` �5'1 0 Y--.� 01 i1�101�;�1iI\ \ �� d"�yd•� l 1 • 191.2 � �� !� 308 N 68=00' �', 305.25 1 �> MILLER ROAD r CDC tk ZONE RR_ Property of W.C.G., Inc. � ' :a,60 miller Fix! South Windsor, Cr 06074 LUCEK ENGINEERING ASSOC. INC. NO. REVISIONS DATE SCALEI11=4O1 DAlEl 6 8 As-built 1-10-8 CONSULTING ENGINEERS 490 SUCKLAND ROAD DRAWNJ.(,P CHECKEDML SOUTH WINDSOR. CONN. 203-644-0550 - PROJECT C'7-3.1 SHEET 10f.1. I HEREBY CERTIFY THAT THIS, MAP AND SURVEY WERE PREPARED IN ACCORDANCE WITH THE STANDARDS OF A CLASS A- I SURVEY AS DEFIN THE EXISTING "CODE OF PRACTICE FOR STANDARDS OF ACCURACY OF SURVEYS AND APS". AD EDP B T, CO NECTICU ASSOCIATION OF LAND SURVEYORS INC. �O*N SZ4 ?- a 7 0-Ye soadl � y � w° 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 SOR-co TELEPHONE(860) 644-2511 September 15, 2004 CERTIFIED # 70020460000197443722 Home Comfort Now, LLC Attn: Mr. Todd Brewer 13 Highland Street East Hartford, CT 06108 Re: Appl. #2625-04— Home Comfort Now, LLC, c/o Mr. Todd Brewer, 560 Miller Road, RR zone Dear Mr. Brewer: At the meeting of the South Windsor Zoning Board of Appeals held on September 2, 2004, the Board approved appl. #2625-04 — Home Comfort Now, LLC, Mr. Todd Brewer, 13 Highland Street, East Hartford, CT., two variances to section 10.2: 1) a 12' variance to allow an open deck 38' from the rear property line, (50' required); and 2) a 12' variance to allow a sunroom on an existing deck 38' from the rear property line (50' required) at 560 Miller Road, RR zone. The Board concluded the hardship on the property to be the location of the septic system in the front, the wetlands to the east and the footing drains around the perimeter, create the inability to place the addition in any other area. 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, teph n Wagner, 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 September 2, 2004 the Zoning Board of Appeals granted to: Home Comfort Now, LLC, Mr. Todd Brewer, 13 Highland Street, East Hartford, CT., two variances to section 10.2: 1) a 12' variance to allow an open deck 38' from the rear property line, (50' required); and 2) a 12' variance to allow a sunroom on an existing deck 38' from the rear property line (50' required), RR zone. on premises located: 560 Miller Road and more particularly bounded and described as follows: r .�.. It All that certain piece or parcel of land situated in the Town of South Windsor, County of Hartford, and State of Connecticut, race particularly bounded and described on a certain rap entitled, "Plan Prepared for Lawrence A. Fiaca Hiller Road South Windsor. CT. Meehan Associates Consulting rMineecs Survey,o^r& P.C. 367 Worth Hain Street Manchester 'CT 06040 Plot Plan Scale 1" _ •0' DM MG Dace 12-11-86 Sheet lb. 1 of 1", which map or plan is on file in the South Windsor Town Cleck'a Office a:d to which further reference -my be had. , Said peeai&es are core particularly bounded and described as follows: ROATdFRLY: by land nov or formerly of Lawrence A. riano, 175.00 feats EASTERLY: 8y land now or focawcly of Lawrence A. Piano, 279.96 feet; h .SCUMMY. 8y Miller.Road, 191.26 faet; and WESTERLY: ay land now or formerly of.Longo, 202.89 feet. Containing 0.97 acres. OWNER OF RECORD: David & Deborah Newirth Dated at South Windsor, Connecticut this 15th day of September, 2004. tephen Wagner, Chai person PUBLIC ACT#75-317 Received for Record this day of 2004 at VOLUME PAGE TOWN CLERK I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on September 2, 2004 the Zoning Board of Appeals granted to: Home Comfort Now, LLC, Mr. Todd Brewer, 13 Highland Street, East Hartford, CT., two variances to section 10.2: 1) a 12' variance to allow an open deck 38' from the rear property line, (50' required); and 2) a 12' variance to allow a sunroom on an existing deck 38' from the rear property line (50' required), RR zone. on premises located: 560 Miller Road and more particularly bounded and described as follows: All that certain piece or parcel of lard situated in the Town of South Windsor, county of Hartford, and State of Connecticut, more particularly bounded and described on a curtain map entitled, "Plan Prepared for Lawrence A. piano Miller Road South Windsor, CT. Meehan Associates Consulting Engineers Surveyors P.C. 387 North Main Streat Manchester CT 06040 Plot Plan Scale 1" = 40' M4 MAG Date 12-11-86 Sheet No. 1 of 1", which map or plan is on file in the South Windsor Town Clock's Office and to which further reference auy be had. Said peewlsas ara rare particularly bounded and described as follows: NORTHERLY: By land now cc formerly of Lawrence A. Piano, 175.00 feet; EASTERLY: ey land now or formerly of Lawrence A. Piano, 279.96 feet; ' SO(JTHERLY: By Miller.Road, 191.26 feet; and WESTERLY; sy land now or formerly of Longo, 202.89 feet. Containing 0.97 acres. OWNER OF RECORD: David & Deborah Newirth Dated at South Windsor, Connecticut this 15th day of September, 2004. Stephen Wagner, Chairperson PUBLIC ACT #75-317 Received for Record this day of 2004 at VOLUME PAGE TOWN CLERK Home CoLLCmmfort �� ��A August 11,2004 Michael Boggio: 2680 Ellington Rd South Windsor, Ct 06074 Dear Property Owner: Re: Dave and Deborah Newirth 560 Miller Rd South Windsor, Ct 06074 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,560 Mille " uth Windsor, Ct and is subject to a hearing by the Zoning Board of Appeals. Ilie- 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 it you so desire. For nether information regarding the specific date this application will be heard please contact the Planning Department,644-25-f�,ext-. 25 - -- ---- ---- Sincerely, Todd Brewer Project Coordinator 13 Highland St, East Htfd, Ct (860)610-2025 ext. 34 O-Ps 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 •C0� AREA CODE 203/644-2511 February 6, 1989 C E R T I F I E D M A I L W.C.G. , Inc. P.O. Box 559 South Windsor, CT 06074 Reference: Application #1923-89 Dear Attorney Gerlt: At the meeting of the Zoning Board Of Appeals held on February 2, 1989, a variance was granted to Section 5.2 of the Zoning Regulations to allow the construction of a deck 12, into the rear yard (50, required) leaving a rear yard of 38' at property located at 560 Miller Road, RR zone. This action is effective February 17, 1989 and upon your filing of the enclosed form in the Town Clerk's office at your own expense. Very truly yours, Robert Warren, Actin Ch/airman Zoning Board of Appeals RW/pmm Enclosure: ' ? 10 SOUTH WINDSOR ZONING BOARD OF APPEALS Meeting Page 7 February 2, 1989 Walter Kebalo stated that this garage was built in 1924 and used for parties, receptions , banquets and a dance hall. Several people in the Town of South Windsor have been married in this hall and he wanted to assure the Commission that this was not just another garage. Application #1923-89 : W.C.G. Inc. , P.O. Box 559, South Windsor, a request for a variance to section 5. 2 of the zoning regulations to allow a deck to be placed 12 ' into the rear yard (50 ' required) at property located at 560 Miller Road, RR zone. Attorney Wayne C. Gerlt, owner of the above company, stated that one of his hobbies is building single family houses. Gerlt submitted a copy of the plan given to him when he bought the property that this house sits on. He signed the contract to buy this property in March of 1987 and closed in July of 1987 , it took that long to receive approval to build on the property. The engineer for the developer, Lawrence Fiano, had to obtain the approval because the sewer line ends at Stonefield because of a large saddle in Miller Road. The subdivision was put in by Fiano using a short cul-de-sac road into the area which is a common drive-way. Three of the houses front on Ellington Road, consequently they will be able to use the sewer facilities on Ellington Road. This particular lot was left to using a septic tank and it does have city water in front of it. The burden of this lot is that regulations require the primary and reserve fields shown on the site plans . The restrictions placed on this septic area is that it be 75 ' from any wells, 50 ' from the brook and 10 ' from the street for the reserve. Also it must be 25 ' from the foundation because it has to have footing drains . To fit this all on the property, the house ended up too close to the rear property line. Unfortunately the house was built with the deck and the builder not realizing that the property line has been left off the site plans . When the applicant went for the as-built plans, it was discovered that the deck was 12 , in the rear yard leaving 38, of rear yard when 50' is required. The regulations do not require an as-built prior to the final completion of the plan. Behind this property there is a wooded strip of land owned by a abutter, 75 ' wide. It would not be feasible for the builder to move the deck because the hatchway from the basement is in the way. No one from the public spoke in favor or against this appeal . Warren asked about the size of the house. Gerlt replied that it is 3000 sq. ft . Neary asked if there were anyone living in the house presently. Gerlt replied "yes" . SOUTH WINDSOR ZONING HOARD OF APPEALS Meeting Page 8 February 2, 1989 Murray asked if the house could be seen and Gerlt replied "no" because of the density of the woods. Gerlt said that originally the house was proposed closer to the road. This presented problems for the septic field because water does not flow up a hill. Application #1907-88: Eric & Judith Lopes request a variance to section 3 . 14. 1 of the zoning regulations to allow a rear building lot at property located at 457 Niederwerfer Road, RR zone. Warren stated that this application was tabled at the last meeting until the applicant could get the designated width for the driveway from the Town. Lopes said that a 16 , driveway is required and Chief Lanning had no problem with fire apparatus going up the drive. WORK SESSION: Application #1919-89 : Brian L. Lyman Warren said there were two hardships with this appeal. One being 100% impervious coverage exists and extending the building on top of that. The other hardship is that the property fronts on the railroad track rather than a town street and has no frontage setback. Anthony made the motion to approve Application #1919-89 . Neary seconded the motion. The motion carried and the vote was unanimous . Discussion ensued regarding the present Zoning Board of Appeals Application. The secretary asked permission to add a telephone number requirement on the application. Anthony made the motion to allow the Recording Secretary to add a space for telephone numbers on the present application. The motion was seconded by Neary. The motion carried and the vote was unanimous . Application #1920-89 : RSK-Kellco Neary said that if the Zoning Board of Appeals allow the size of the sign, Planning & Zoning will allow the wording. The hardship for this application is that the location is on a heavily traveled road and that the business owners need identification. Anthony made the motion to approve Application #1920-89 and Murray seconded the motion. The motion carried and the vote was unanimous . GO, x SOUTH WINDSOR ZONING BOARD OF APPEALS Meeting Page 9 February 2, 1989 Application #1921-89 : William F. Ahlemeyer Neary made the motion to approve Application #1921-89 with the condition that the square footage requirement is meant for each building lot and other necessary requirements are met according to the zoning regulations . The motion was seconded by Anthony. The motion carried and the vote was unanimous . Application #1923-89 : W.C.G. , Inc . Q Murray made the motion to approve Application #1923-89 with the hardship being that the house was purchased unknowingly of the deck encroachment upon the rear yard setback. Also, the Commissioners stated that the woods located in the rear of the house would conceal the deck from the neighbors . The motion was seconded by Neary. The motion carried and the vote was unanimous . Application #1922-89 : Andrian S . Kebalo The hardship for this application is that there is only one income coming in for this family. Neary made the motion to approve Application #1922-89 with Murray seconding. The motion carried and the vote was unanimous . Application #1908-89 : Edward T. Sunderland, III Anthony made the motion to approve Application #1908-89 with Murray seconding. The motion carried and the vote was unanimous . Application #1910-89 : Norman R. Lussier Application #1911-89 : MacDonald H. & Nancy H. Brand Application #1912-89 : James & Donna DeWitt Application #1918-89 : Albina C. Riester Anthony made the motion to approve Applications #1910-89 , #1911-89, #1912-89 and #1918-89 . These applications are for two-year temporary and conditional permits for in-family apartments . Neary seconded the motion. The motion carried and the vote was unanimous . Application #1913-89 : James & Ellen Zagorski Anthony made the motion to approve Application #1913-89 with Murray seconding. The motion carried and the vote was unanimous . Application #1914-89 : Mark Van Ostrand Neary made the motion to approve Application #1914-89 for the sale of recreational vehicles . Anthony seconded the motion. The motion carried and the vote was unanimous .