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Home My WebLink AboutVariance (813) i TOWN. OF SOUTH WINDSOR Application# APPLICATIONFOR Date - 9 1 -oq 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. .,....,- -..,w.w.?. .. .xs-..Wq� _ ,��- T§---�-.,+n•+w.-..'snA. ,k2K"3d resite.t _.._ ---. .' ,-. la. 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. WN OEM 1. Applicant: Timothy Moriarty 2. Mailing Address: 90 Skyline Drive South Windsor, CT 06074 3. Telephone#: (860) 644-3913 4. Owner of record of property in question: Timothy Moriarty & Scott Leonard 5. Location of property in question: 1000 & 1006 & 1014 Sullivan Avenue Assessor's Map# 100 Parcel#_2 9, 30, 31 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). No. Narrative Statement Zoning Board of Appeals Application Timothy Moriarty Sullivan Avenue South Windsor, Connecticut DPI Proj. No. 01-1550 August 12, 2004 Variance Request: 1) Section 10.4.1 to allow a 20 feet buffer(30 feet variance); and 2) Section 13.4a to allow a parking lot area with no perimeter screening (5 feet variance). Peculiar circumstances, hardships and factors, which pertain to this application, are: 1. The Leonard and Moriarty properties are being developed in an integrated fashion, such that the property lines separating their respective properties will be transparent to all, this negating the need for a 5' perimeter landscape strip between properties. 2. The subject parking is serving both properties. 3. Mr. Leonard is conveying a 2,299± sq. ft. parcel to Mr. Moriarty to allow him to move his proposed office building away from Sullivan Avenue to keep it in line with the two commercial buildings being proposed by Mr. Leonard. This is good planning. 4. By moving the Moriarty building away from Sullivan Avenue, the parking lot entering for Messrs. Leonard and Moriarty can be aligned. 5. Messrs. Leonard and Moriarty have agreed to share a driveway entrance from Sullivan Avenue, as requested by the PZC. b. The Sullivan AvenueBuckland Road corridor regulations(Zoning Section HIA) encourages common driveways, and indeed requires "a unified access and circulation system that includes coordinated or shared parking areas, where feasible. Approval of this variance makes this possible(see Sec. 3.A.2e). 7. Granting of the parking perimeter variance will not undermine the intent of zoning. 8. The Moriarty property today abuts a residential zone only at its northeasterly point, and it is a 50' buffer radius from this point that applies. 9. The adjoining residential property zone includes an existing buffer. 10. The Leonard property already has a 20' buffer(30' variance). 11. Approval of this variance will be consistent with the previously approved variance for the Leonard property, and in recognition of the joint layout(i.e., shared parking, shared vehicular circulation, shared stormwater drainage, and coordinated grading). i Volume 261 Paine Id° 119 9 r: F:. CERTIFICATE OF DISTRIBUTION FOR `N LAND RECORDS b-+f d� STATE OF CONNECTICUT ) ) PROBATE COURT, Town of South Windsor � ) DISTRICT OF EAST WINDSOR) June 4, 1979 s r r� I, Helen A. Hilt, Clerk of the Court of Probate for the Dis- trict of East Windsor, in said State, and keeper of- the seal thereof, do certify that it appears from the records and files of this Court that .OSEPH R. PETRAITIS died a resident of South `- Windsor in said District on the 27th day of August, 1978, intes- tate; that on the 27th day of October, 1978, administration on the estate of said deceased was granted to Rose D. Petraitis, which appointment is still in full force and effect, and that on the 27th day of October, 1978, by decree as of record will more fully appear said Court limited and allowed three months thereafter for the presentation of all claims against said deceased to the Ad- ministratrix of said estate and directed that public notice of said limitation be given as by statute required; that after the y i� expiration of said three months said Administratrix filed in Court an administration account and other returns, which have bee , accepted by the Court from which it appears that public notice t ` of said limitation was given as directed in said order and that al lclaims against said deceased presented to said Administratrix i. within said time limited have either been paid, settled, or barre b law, and that all succession o: inheritance taxes due the State i Y a - r f _ df Connecticut have been fully. paid and satisfied, .' I further certify that the heir-at-law and distributee of t said estate has been ascertained by this Court to be ROSE D. t PETRAITIS, wife of the deceased, of the Town of South Windsor, E who took by inheritance all such right, title and interest as = 3 said deceased had at the time of his decease in and to two certai ; pieces or parcels of land located in the Town of South Windsor, described as follows: ' A y • Volume 261 Page N° 120 } FIRST PIECE: An undivided one-third interest in a half interest in and to a certain piece or parcel of land located in the Town of South Wndsor, County of Hartford and State of Connecticut, de- scribed as followst i \ Being all of the premises located on the northerly aide of f Sullivan Avenue in the Town of South Windsor,containing approxi- mately 26.61 acres and bounded as follows: Northerly by land now or formerly of William H. Steane, Lester S. Steane and Russell D. Steane and land of Frank A. Petraitis, in part by each; Easterly by Graham Road, so-called) Southerly by.land now or formerly of the Town of South Windsor, Josephine Petraitis, Joseph Petraitis, Frank Petraitis and Helen Petraitis and by each called in art b t so Y Sullivan Ave., + P ormerly of_William H. Steane, Westerly by land now or F Lester S. Steane and Russell D. Steane. Said premises being the major portion of land conveyed to Anthony Petraitis and Mary Petraitis by Warrantee Deed o'2 Arthur H. Sadd dated April 2, 1923 and recorded in Vol. 27, Pg. 180 of the South Windsor Land Records. EXCEPTING THEREFROM the following: Parcel conveyed by Warranty Deed of Anthony Petraitis Et Ux i to Josephine Petraitis, dated Mar. 12, 1938 and recorded in Vol. 27, Pg. 566 of the So. Windsor Land Records. i _ parcel conveyed by Warranty Deed of Anthony Petraitis Et Ux to Joseph Petraitis dated Mar. 12, 1938 and recorded in Vol. 27, Pg. 565 of the So'. Windsor Land Records. t �i Parcel conveyed by Warranty Deed of Anthony Petraitis Et Ux j to Frank A. Petraitis dated Mar. 18, 1952 and recorded in Vol. 42 Pg. 423 of the So. Windsor Land Records. s Parcel conveyed by Warranty Deed of Anthony Petraitis Et Ux _ to Frank A. Petraitis dated Mar. 18, 1952 and recorded in Vol. 42 z Pg. 423 of the So. Windsor Land Records. {rt` Subject to life use by Mary Petraitis SECOND PIECE: ( All that certain piece or parcel of land, with the buildings thereon, situated on the northerly side of Wapping Road in the { 5 Town of So. Windsor, described as follows: I „'. Beginning at a point in the northerly line of Wapping Road, � z which point is marked by a pipe set in the ground and which pipe marks the southwesterly corner of property this day conveyed by ( Anthony and -Mary Petraitis to Josephine Petraitis; thence running t northerly along land of said Josephine Petraitis a distance of ' about one hundred and fifty feet (150') to a pipe set in the 7 ground, which pipe marks the northeasterly corner of the property c herein conveyed; thence running westerly along other land of Anthony Petraitis and Mary Petraitis a distance of about one hundred and twenty-five (1251) to a pipe set in the ground which i pipe marks the northwesterly corner of the property herein con- veyed; thence running southerly along land of Anthony Petraitis . :' and Mary Petraitis and in a line parallel with the easterly line of the property herein conveyed a distance of one hundred and fifty Feet (1501) to the northerly line of Wapping Road .to a pipe set in the ground, which pipe marks the southwesterly corner of the property herein conveyed; thence running easterly .in the northerly line of Wapping Road, a distance of 50.65 feet, more Volume 261 Pave Ni ) 121 f. or less to a merestone in said Wapping Road; thence continuing Y easterly in said northerly line of Wapping Road, a d;stance of _ 74.35 feet more or less, to a pipe in the northerly line of i- Wapping Road, which pipe marks the place of beginning and being i a portion of the property acquired by Anthony Petraitis and Mary Petraitis by Warranty Deed from Arthur H. Sadd, dated April 2, 1� , Pg. 180 of the South Windsor Lang 1928 and recorded in Vol. 27 ' Records =y- Received For RecorOd00 am 0 4z June 6, 1979 at 1 Y-f...... Charles N. Enes, Town•Clerk ACI /•::: k 1474 '3CD-088828 ram•: { KNOW ALL MEN BY THESE PRESENTS: That the Society for Savings,a Corporation chartered _ Cv by the State of Connecticut,and doing business in the Town and City of Hartford,County of Hartford,in YEffiR &. GRAlIAM and CONSTANCY a- a' said State,does hereby release and discharge a certain mortgage from.......................................................... l .............._.... ............................................................. _............................................................................ to the said SOCIETY FOR SAVINGS,dated......D1oseAbex..1S...>9.7.3........................ is ' and recorded in the Land Records of the Town of......$Oath...indaor in the County t}! � of Hartford,and State of Connecticut,in volume..173,.•,-,.........•_-,,,••,•-.:at ....... .....................at wblel► reference may be had: ' IN WITNESS WHEREOF,the Society for Savings,by..Y44Rm ..................... f. itsMortgage Servicing/ dulyy authorized.has hereunto set its hand and teal this......21at day of.......................................... 20...7.4.. MAY .......--•.............. ; St3CIET1' •O2 SAVIN6W~�`� ...... -• . -� Signed,sealed and delivered In presenp of iy� <lfr/ «<GeC/;' .:�, ..X.. ..... ................................ - -. •j .' 3.i11Saa:.H...P.xenkfce......:.... ... I $fix X.. 12tFaG............ ... . :. Its Fortgate Servicing O°.vice. ..................... lZane Braman.... ....._..._...... .... ..... STATE OF COA'NECTICUT May 21, A.D.19.29.. COUNTY OF HAR'.^.FORD v.• = Peraotally appeared.Afl?-iaa►.H...�x4�tfcc<-:; :- ervicing.<2;£Sccr...r�..afaxesatd........ -w"^;= signer and sealer of the forcooing in-'�meat;c;:�_ ` _ 3 s-L a to bx his free act and de4 and.the free act and deed of the-Society for SsT Received For Record June 6, 1979 at 10:05 am . .. 10 Charles N. Enes, Town Clerk ' /�' - �::==ne Braman i Uy Commission Fxpires Mar.31,1= Notary Public Y/ tit :.a C:' t VOL. 10 9 0 PAGE 19 G { STATUTORY FORM WARRANTY DEED KNOW YE, THAT 4340 We, ANTONIO M. PACHECO and MARIA C. PACHECO, of North Dartmouth, Massachusetts for the consideration of ONE HUNDRED EIGHTY-EIGHT THOUSAND AND 00/100THS($188,000.00) DOLLARS received to our full satisfaction of SCOTT LEONARD, of the Town of Rocky Hill, County of Hartford and State of Connecticut do grant, bargain, sell and confirm unto the said SCOTT LEONARD with WARRANTY COVENANTS: . That certain piece or parcel of land situated in the Town of South Windsor, County of Hartford and State of Connecticut, known as loo0 -1006 Sullivan Avenue, and being more 'particularly bounded and described in Schedule A attached hereto and made a part hereof. Said premises are conveyed subject to the following: ' 3 1. Zoning regulations, building restrictions, and any other rules and regulations of any duly constituted public authority. +jv 2. Taxes due the Town of South Windsor on the List of October 1, 1998, which taxes the Grantee herein assumes and agrees to pay �j as part consideration for this conveyance. ' ' 3. Any easements, restrictions, and agreements, as of record - may appear. 3 4. The above-described premises are conveyed subject to a , restriction that any retail establishment operating at the Premises �F shall not sell donuts, bagels, pastries and/or items similar to x 'those sold in a Dunkin Donuts except as supermarket, ,3 p part of a su ernarket a full service sit down restaurant, a convenience store operation such as a 7-11, and an automobile service station with a mini store E_ which is substantially similar to a convenience store operation rather than a Dunkin Donuts. This restriction shall terminate in the event that Antonio M. Pacheco, his wife or his immediate r.; family, or any entity owned by any of them, or any trust established for any of them shall cease to operate a Dunkin Donuts z- i {, or similar business facility on Sullivan Avenue in South Windsor, _ Connecticut. For purposes of this paragraph, immediately family a shall include the wife, brothers, sisters, brother-in-laws, sister- in-laws and lineal descendants of Antonio M. Pacheco. This r restriction shall be binding upon the Grantee and his heirs and s assigns. ? s ! CONVEYANCE TAX REC,ErVE`rnD// STATE$ 1 0o LOCAL$ N L - - TOWN CLERK OF SOUiH WiNDSOR 1 1 ' VOL. 10 9 O PAGE 19 7 x Schedule A That certain piece or parcel of land situated in the Town of South Windsor, County of Hartford and State of Connecticut shown as "PARCEL AREA 69,597 sq. ft. 1.59 ac." on a reap entitled "PLAN PREPARED FOR Antonio Pacheco,et al SULLIVAN AVENUE. SOUTH WINDSOR. CONNECTICUT SHEET 1/1 design professionals, inc.civil engineers. planners . surveyors 165 south satellite road, south windsor, connecticut 06074 BOUNDARY SURVEY DESIGN: JAL DRAWN: zs' JAL CHECKED: RPM JOB NO.: 96-925 DATE: JULY 3, 1997 DRAWING NO.: D:/JOB/96925/96925-MT", which map is on file in the South Windsor.Town Clerk's Office for further reference,and is more particularly bounded: Beginning at a point located in the northerly line of Sullivan Avenue at the - southwesterly corner of land now or formerly of Rose D. Petraitis; thence running = N 680 30' 34" W, 210.09 feet aiong Sullivan Avenue to a point;thence running N 1 1° 52' 19" E, 253.79 feet along land now or formerly of Ronald Martin to a point; thence running S 680 28' 13" E, 368.64 feet along land now or formerly of The Neighborhood DRZ to a point;thence running S 170 22' 29" W, 107.56 feet along land now or formerly of said The Neighborhood DRZ to a point;thence running N 65° 23' 51" W, 133.66 feet to a point; thence running S 170 49' 33" W, 150.25 feet to the point or place of beginning, said last two courses running along land now or formerly of said Petraiitis. Being all and the same premises conveyed to the Grantors herein by Warrantee Deed of Bank of South Windsor, dated July 15, 1997, and recorded in Volume 955 at Page 68 Of the South Windsor Land Records. .. . Signed this 23`d day of June, 1999. Signed, sealed and delivered in the presence of: 2-,/MVAA aY7I NTONI M. ACHECO all- MAR C. PACHEC C� t STATE OF CONNECTICUT ) " ss. Manchester June 23, 1999 COUNTY OF HARTFORD ) Personally appeared ANTONIO M. PA ECO and MARIA C. PACHECO, signer and sealer of the foregoi g ins ru ent and acknowledged the .; same to be their free act a d b fo e L—C u 1,j- Commissioner of the Superior Court Grantee's Address: 110 Lavender Lane Rocky Hill, CT 06067 RECEIVED FOR RECORD 1�4� T9 q Ip Ni Ia 3Slam _^ RECOt?DFD!N S;UTN;VIiJGSOR I ' LA`!�?_CrRDS VOLT PAGE I Cf(e 81' IbVN rtCRY,AS9i3�A Q Q ctigp /VSTR Q 1 FFT�p v� W IU z 6 W Z STOUGHTON Din P 4 1.• Town of South Windsor General Map N ROAD NAMES Connecticut 1000-1006 Sullivan Ave CONDOS Date Printed: August 18,2004 0 PARCELS 0 300 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. Rug 23 04 09: 02a Design Professionals 060-291 -8757 p. 3 DESIGN PROFESSIONALS, INC. civil engineers ♦ planners ♦ sunieyors landscape architects ♦ gig ♦ l;ps CERTIFIED MAIL August 16, 2004 RE: Timothy Moriarty DPI Proj. No. 1550 1014 Sullivan Avenue South Windsor,Connecticut 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 and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on fi:e 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. !sincerely, :DESIGN PROFESSIONALS INC. By: Peter R. DeMallie President 165 South Satellite Road,South Windsor, Connecticut 06074 Tel: (860)291-8755•Fax: (860) 291-8757 Email:dpicivil@aob om. __ I Sep 17 04 09: 15a Design Professionals 860-291 -8757 p. 2 YOL. 1090PAGE 197 ' Schedule A _t�- That certain piece or parcel of land situated in the Town of South V+inc:sor,County of Hartford and State of Connecticut shown as'PARCEL AREA 69,i97 sq.ft. 1.59 ac."on a clap entitled"PLAN PREPARED FOR Antonio Pacheco,et al SULLIVAN AVENUE. SOUTH WINDSOR. CONNECTICUT SHEET 1/1 de;:ign professionals,inc.civil engineers.planners. surveyors 165 south satellite road, south windsor,connecticut 06074 BOUNDARY SURVEY DESIGN:.AL DRAWN: JAL CHECKED:RPM JOB NO.:96-925 DATE:JULY 3, 1997 DRAWING NO.: "X D:/JOB/96925/95925-MT', which map is on file in the South Windaor Town Clerk's Office for further reference,and is more particularly bounded: �r Beginning at a point located in the northerly line of Sullivan Avenue at the s southwesterly corner of land now or formerly of Rose D. Petraitis;thence running - N 680 30' 34"W, 210.09 feet aiong Sullivan.Avenue to a point;thence running N 3 11° 52' 19" E, 253.79 feet along land now or formerly of Ronald tlar:in to a <> point;thence running S 68° 28' 13'E, 368.64 feet along land novi or formerly of The Neighborhood DRZ to a point;thence running S 170 22' 29" V?, 107.66 feet �... along land now or formerly of said The Neighborhood DRZ to a poir t;thence running N 65* 23' 51'W, 133.60 feet to a point;thence running:i 11710 49' 33" W, 150.25 feet to the point or place of beginning,said last two courses running along land now or formerly of said Petraitis. 71 n the same remises conve ed to the Grantora herein by Warrantee Deed Being all and p y - 8 of Bank of South Windsor. dated .rely 15, 1997, and recorded in Volume 955 at Page 68 Of the South Windsor Land Records. Signed this 23'0 day of June, 1999. • signed, sealed and delivered in the presence of: LLA jVI M. ACHb:CO KhRTA C. PACHEC( ' STATE OF CONNECTICUT ) r t s✓' as. Manchester June 23, 1939 *- COUNTY OF HARTFORD Personally appeared ANTONIO M. PA ECO and MARIA C_ PAC11EC0, r, signer and sealer of the foregoi g ins ru ent anjacknoviiedged the same to be their free act a N.`Y Commissioner o the Superrios Court Grantee's Address: 110 Lavender Lane BEf,E;lED FOR RECO RO �',2 4 _l9 Q Rocky Hill, CT 06067 AT l a' 3 5 fi(n - ' RECOPED W 73"Illill WINDSOR u. - _: VOLin FADE�y.k_ 1 lit'1liILDCts^•11L1 kaQu�wNCIFRY.,'fSJt3A Sep 17 04 O9: 15a Design Professionals 860-291 -8757 p. 3 VOL. 121'2PUE 11 SCHEDULE A All that certain piece or parcel of land, with the buildings . er y theon, situated on the northerly Side of Wapping Road In the 'i. Town of So. Windsor, described es fella+a:. yy ' t whih seginniny rt a point in the northerly :Ana of Wapping Road. ..� marked by a pipe set in conve which point is mar the yronnd a^ cYedpAy marks the southwesterly corner of property this day • AnthunY northerly^alongylandro tsald Josephjosepineepet,:aitle. a discanca:raitlAs thence �cf about one hundred and fifty feet (150') tc a pipe set in the ground, which pipe marks the northeasterlycornez of the property herein conveyedi thence running westerly along other land of _ Anthony petraitiff and Mary Petraltis a di:-rants Of about one r _ hundred and twenty-five (125') to a piFe `eat in the ground which _ pipe marks the herein con- northweaterlysoutherIYralongner f]anei: of Anthony Petraltis veycdr thence running ?a } and Mary Petraltis and in a line parallel with the hundred a line .v: of the p:oporty herein conveyed a dime 01, of one hR adetoaa 1pipe fifty feet (15oT1 to the northerly line o.: Wapping set in the ground. which pipe marks th<. S,alchwesterly in nar of " •;� the property herein conveyed; thence rann:(ng easterly the in northerly line a£ Wapping ?W?d. a ding RO of hence 0-65 feet, more I ri•:. S or less to a merestone In said Wapping fic+:�di then�edistanaeing of w easterly In said northerly line o£ Wapping Road. .�, .;• E Taste lest more or 2099, to a pipe in the northerly line of ( ^n Wappin4 Road, which pipe marks the pier¢ of bepe[Taitising nandeKary Y s portion of the property acquired by Anthony e Potraltis by Warranty Dead from Arthur H. Sadd, dated April 2, 1928 and recorded in Val. 27, Pg. 180 0! the South WLnd9grJ�and i Records.. - x RECEIVED FOR RECOR ?' DATE J�S 1 TIME M.�l e3 '` ( � 11 S1C"...1.�r -`� Q KiC1S1�J •.`��...: TOWN CLERK.SOUTH t WINDS1t OR �T ! -*�r;::. 1 •'v L TA: „f .ti 10\4 Sf4 x F �? s 7-0-aq-1 O-P sou,;,% � we 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 °R•c° TELEPHONE(860) 644 2511 September 15, 2004 CERTIFIED#70020460000197443715 Timothy Moriarty 90 Skyline Drive South Windsor, CT 06074 Re: Appl. #2627-04—Timothy Moriarty, 1000, 1006 & 1014 Sullivan Avenue, GC zone Dear Mr. Moriarty: At the meeting of the South Windsor Zoning Board of Appeals held on September 2, 2004, the Board approved with conditions appl. #2627-04—Timothy Moriarty, 90 Skyline Drive, two variances: 1) a 30' variance to section 10.4.1 to allow a 20' buffer on the northeasterly corner of the lot (50' required); and 2)a 5' variance to section 13.4a to allow a parking lot area with no perimeter screening on the common boundary line (5' required) at 1000, 1006 & 1014 Sullivan Avenue, GC zone. The Board concluded the hardships on the property to be as follows: 1) The buffer reduction will create more consistency with adjoining property as an integrated parcel; and 2) A safety condition will be created with the design of a shared access driveway. The Board placed the following condition on this application: 1) Approval is contingent upon the conveyance of the portion of the Leonard property, as shown on the plans submitted, (plans prepared by Design Professionals, Inc. dated 7/12/04,job#1880); and 2) Approval is contingent upon site plan approval by the Planning and Zoning Commission. 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, tephe Wagner, Chairpe son Zoning Board of Appeals SW:dr cc: Building Department Design Professionals, Inc. 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: Timothy Moriarty, 90 Skyline Drive, two variances: 1) a 30' variance to section 10.4.1 to allow a 20' buffer on the northeasterly corner of the lot (50' required) and 2) a 5' variance to section 13.4a to allow a parking lot area with no perimeter screening on the common boundary line (5' required), GC zone. on premises located: 1000, 1006 & 1014 Sullivan Avenue Conditions: 1) Approval is contingent upon the conveyance of the portion of the Leonard property, as shown on the plans submitted, (plans prepared by Design Professionals, Inc., dated 7/12/04,job #1880; and 2) Approval is contingent upon site plan approval by the Planning and Zoning Commission. and more particularly bounded and described as follows: See Attached OWNER OF RECORD: Leonard Scott (1000 & 1006 Sullivan Avenue), and Timothy M. Moriarty (1014 Sullivan Avenue) Dated at South Windsor, Connecticut this 15th day of September, 2004. r tephen Wagner, Cha person PUBLIC ACT #75-317 Received for Record this day of 2004 at VOLUME PAGE TOWN CLERK k. YOL 1O9OPHE 1 J7 ' Schedule A That certain piece or parcel of land situated in the Town of South Wincisor,County of Hartford and State of Connecticut shown as 'PARCEL AREA 69,597 sq.ft. { 1.59 ac." on a reap entitled"PLAN PREPARED FOR Antonio Pacheco,et al r SULLIVAN AVENUE. SOUTH WINDSOR. CONNECTICUT SHEET 1/1 de:.ign professionals,inc.civil engineers .planners. surveyors 165 south:ateflite road, south wndsor,connecticut 06074 BOUNDARY SURVEY DESIGN:.AL DRAWN: 4; JAL CHECKED: RPM JOB NO.: 96-925 DATE:JULY 3, 1997 DRAWING NO.: x D:/JOB/96925/96925-MT', which map is on file in the South Windsor Town Clerk's Office for further reference,and is more particularly bounde-1: Beginning at a point located in the northerly line of Sullivan Avenue at the § southwesterly corner of land now or formerly of Rose D. Petraitis;ther::e running ` = N 68" 30' 34" W, 210.09 feet along Sullivan.Avenue to a point;tt.ence running N 11 a 52' 19" E, 253.79 feet along land now or formerly of Ronald Mar•:in to a point;thence running S 68e 28' 13"E,368.64 feet along land now or formerly of The Neighborhood DFIZ to a point;thence running S 170 22' 29"W, 197.56 feet .. along land now or formerly of said The Neighborhood DRZ to a poir t;thence 't running N 65' 23' 51"W, 133.66 feet to a point;thence running 1; 1".)a 49'33" . W, 150.25 feet to the point or place of beginning,said last two courses running may.- along land now or formerly of said Petraitis. Being all and the same premises conveyed to the.Craatora herein by Warrantee Deed of bank of South Windsor, dated July 15, 1997, and recorded in Volume 955 at Page 68 Of the South Windsor Land Records. = Signed this 23" day of June, 1999. Signed, sealed and delivered in the presence of: Alk. A/ I'm MARTA C. PACREa STATE OF CONNECTICUT ) ) as. Manchester June 23, 1919 -- COUNTY OF HARTFORD ) Personally appeared ANTONIO M. PA EC—O and MARIA C. PACHECO, signer and sealer of the foregoi g ins ru ent and Acknovtledged the f=- same to be their free act a d L fo e Commissioner of the Superior: Court =: Grantee's Address: 110 Lavender Lane C° t7 4 R:f,E:lED FOR RfCORO _ Rocky Hill, CT 06067 f Al 1 0?. 3-5 RECOQED 94,'A;TP vllkovv Rl'1 t�. V Irirf: r L . Q� J:VN f,I.RY,.�5.113 AY M u VOL. 1212'PAH 110 F y> f. SCHEDULE A All that certain piece or parcel of land, with the building* �I •_ . thereon, situated on the northerly side of Wapping Road in the Town of So. Windsor, deicribed-as fclla+a: _ =fJ Ile at a point in the northerly ::Lne of Rapping Read, - which point i* marked by a pipe set in the yround and which plpo marY.s the southwesterly corner of property this day conveyed by ? Anthony and n 1!glary straiGis to Josephine Pecraitisl thence rurminq northerly along land of said Josephine Petraitis a diatsncf• •;: about one hundred and fifty feet (1501) tG • pipe set In the ground, which pipe marks the northeasterly corner of the property .':`. . herein cwhich dt the running westerly along other land of Anthony Petraitis and tfary Petraitis a di-.tance of about one hundred and twenty-five (125'1 to a pir* cat in the ground which pipe marks the 7aorthweaterly corner of the: property hereto con- _ veyedi thence running southerly along Tand of Anthony Fe traitis * ::Fz•• sod Mary Petraitis and in a line parallel with -he easterly line _. • of the psoporty herein conveyed a dista.nc�, of one h Road atoaa 1pipn a. •y3r. -} zni fifty feet (15ol) to the northerly ling: o.: Rapping set in the ground, which pipe marks th<: s4:uthwesteriy corner of the property herein conveyed; thence running easterly in the r ,p ;��•. northerly line of wappin9 Road, a disc.ina: of 50.65 feet, more .2 or less to a merestone in said Wapping Ro:1d; thence Continuing :u ca_aterly in said northerly line of wap?inq Road, a distance of r .2 1 71.15 Cott more or 2saa, to a pipe in the northerly line of K Wapping Road, which pipe marks the pl•ee of beg£nninqalt and being e • portion of the property acquired by Antiwn Petraitis and Mary t Y >:• sf Petraitis by Warranty Deed from Nr:hur H. Sadd, dated April 2, 1926 and recorded in vol. 27, Pg. Ito of tho South Windsor hand : •sal....,+ }aacords. = RECEIVED FOR R.E�C,O ►l71M�JAF2 'j oATEAc4L6j -5 - v _ •� TOWN CLERK.SOUTH W1ND�SOLR T � ,•- - t—nnJJ n .hc . r ;C _i • TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS l Minutes Page 11 September 6 , 1990 ------------------------------------------------------------------- Apn# 1593-90 - Highlift Inc P . O . Box 1138 request a two year temporary & conditional permit for two signs (32 s . f . each) to be located on John Fitch Blvd and Strong Road (I Zone) Attorney Vincent Fernhaven was present along with Mr . Jackston from Highlift . They are applying for a two year temporary & conditional permit for two identical 32 s . f . double faced signs to be located on a new access road off John Fitch and Strong Road . The height of the signs would be 12 feet high and would be placed approximately 40 feet back off Strong Road . The signs are needed because customers coming north are missing the entrance and have to turn around at Sullivan Avenue . The signs will not be illuminated . No one in the audience spoke in favor or in opposition to this appeal . With no further questions, the public participation portion of this appeal was closed . Apo# 1594-90 - Daniel Webster , 66 Spring St . , Windsor Locks_ request a renewal of a two year temporary &_ conditional permit for a karate school on property located at 240 Chapel Rd (I Zone ) Daniel Webster was present asking for renewal of his two year temporary & conditional permit for his karate school at 240 Chapel Road . He noted no changes since his original application . Phil Pratson, from East Hartford, spoke in favor of this appeal . His daughter attends the school and he is very satisfied with the operation . No one in the audience spoke in opposition to this appeal . With no further questions , the public participation portion of this appeal was closed . App# 1595-90 - Toros & GevarAiz Yousefzadeh, 26 Krawski DrivPL request a variance to Section 4 . 5 . 4 . 1 of the onin Regulations to allow reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 20 feet on_ DrQoerty located at 1000 & 1006 Sullivan Ave . (GC Zone) Attorney William Grace was present representing the applicant . He explained that the board granted a 20 foot buffer reduction last TOWN OF SOUTH WINDSOR ' ZONING BOARD OF APPEALS Minutes Page 12 September 6, 1990 ------------------------------------------------------------------- App_# 1595-90 - Yousefzadeh continued : month on this property instead of the 30 feet requested . After reviewing the plans the engineering firm declared that they needed the additional 10 feet reduction to make the project work. Without the additional reduction the property can ' t be used the way they intended . There wouldn ' t be enough room for the required parking area and for placement of the buildings . Attorney Grace explained that the zone was changed on this property along with the buffer requirements after the purchase of the property. Gregory Montana, the architect on the project , was also present . He explained briefly the layout of the buildings and parking area showing the necessity to have the additional 10 feet to achieve an architectural balance of the buildings . He noted that the Planning & Zoning Commission was aware when changing the zone and buffer requirements that this property would suffer a severe hardship because of these changes . No one in the audience spoke in favor or in opposition to this appeal . Mr . Carino asked if less buffer in the front and moving the project up would help . Attorney Grace said it woul�--,n 't . With no further questions, the public participation portion of this appeal was closed . Apo# 1596-90 - Richard Siever , 44 Alston Rd Newinj;ztton request a variance to Section 4 . 5 .4 .4 of the Zoning Regulations to allow the free standlnia sign to be 24 s f ; to allow a second sign on the building face; and for a temporary restaurant sign on property located at 855 John Fitch Blvd for South Windsor Restaurant & Pizza. (GC Zone Richard Siever from the sign company was present . He represented South Windsor Restaurant & Pizza to be located at 885 John Fitch Blvd . They are requesting a variance to allow a sign on the building face; a free standing sign in front of the property; and a temporary sign in front of the property. The restaurant is 120 feet from the highway and is blocked by existing trees thereby requiring signage at the road . The sign attached to the building face will be 1 1/2 feet high and 108 feet long. The free standing sign would be located 60 feet back from the edge of the road and approximately 60 yet from the building. Because the State owns the property where the sign would be placed a State permit is required . They were advised by the State that they don 't foresee any problems, however, it would take anywhere from 4 to 6 weeks to complete the paperwork. t TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS Minutes Page 20 September 6 , 1990 ------------------------------------------------------------------- ITEM : Apo #1594-90 - Daniel Webster - 240 Chanel Rd . Motion to : App# 1594-90 - Daniel Webster, 66 Spring St . , Windsor Locks, for a renewal of a two year temporary & conditional permit for a karate school on property located at 240 Chapel Rd . (I Zone) was made by: Anthony and seconded by: Murray The motion : Unanimously carried . Board members voting: Warren, Gallicchio, Anthony, Carino, Murray The Board noted that any existing conditions would still apply. ITEM : ADD #1595-90 - Loros & Gevargiz Yousefzadeh._ 1000 F. 100B Sullivan Avenue Motion to : App# 1595-90 - Loros & Gevargiz Yousefzadeh, 26 Krawski Drive, for a variance to Section 4 . 5 .4. 1 of the Zoning Regulations to allow reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 20 feet on property located at 1000 & 1006 Sullivan Ave . (GC Zone) was made by: Carino and seconded by: Murray The motion : Unanimously carried . Board members voting: Warren, Gallicchio, Anthony, Carino, Murray Hardship : Due to the unusual shape of the property and the buildings and locations of these buildings to be developed . It was also taken into consideration that there is no residential development behind the property. The board also noted that the buffer requirements changed after the development was already in the process stage . ITEM : Apo #1596-90 - Richard Siever , 885 John Fitch Blvd . Motion to : Approve App# 1596-90 - Richard Siever, 44 Alston Rd . , Newington, for a variance to Section 4 . 5 .4 .4 of the , Zoning Regulations to allow the free standing sign to be 24 s . f.. ; to allow a second sign on the building face; and for a temporary restaurant sign on property located at 885 John Fitch Blvd . for South Windsor Restaurant & Pizza. (GC Zone) �i 1 F co y September 13, 1990 E f T I F I E P M A I L Mr. R: Mrs. L_oros yousef_adeh 26 Krawski Drive South Wi nnsor-. Ct 06074 RE: ZBA Application #1595-90 - 1000 & 1006 Sullivan Avenue i-,ear Mr-. �. I'll-s, tou�t=fc_•deh: At the meeting of the Zoning Board of Appeals Held on Sep==•moe, "a Section 4. 5.4.1 of the Zoning 1990, a variance was granted to allowreductionof the buff_r area between I,-,-" Regulations to all_ and A—?ti Zone *t'G:'1 50 feet to 20 feet on located c,t 1;_lrifi .4. 1�i06 Sullivan Ave. NE iOne) The I?oorci- L;n_�3:_:�,1 shape 01 t�1 c ��'•.•��,e r t�.y. I-_ i ar 1 cue to the d and 7r:r t o� th,e t�:_:_1�_I :�E La UE aii,i t:,._ b�ti 1.�=r-,� _. c? l_ ior:5 it ��_:= taFen 1"1t_- t'.an=C)ej-_ goon tr_.`_ thie :�U:f-fF•r requirementa 4_,znged after the de eiow e _ ME 0 1 e_'_3y r +• r was,_� also noted t r,_� _ _ _ 2.m - pr�cG�c stage . i S development , -r nd the propert.;, C�_ := :t_ the This action is effective upon your filing of the enclosed form in the Town Clerk' s office at your own expense. tru l', 1 t r= . Rober-t Warren Chairman Zoning Board oT Appe_,ls RQdlb Enclosure CC: Attorney William Grace ZONING OARD OF A PFAr r 1. Minutes -------------- page 11 ------------- `e �f � -------------------AtemberV utes ADD# Hi tembor=,.t, - PBOX 21 dw 0f ----n a Road �4 gth c Attorney Vincent Fern haven was � glew� � y Highlift . The Present along with Mr . e. adc Y are applying for a two Jaeksto ,;fad c permit for two identical 32 s f Year temporary e: d n f a new access road off John Fite double faced signs to beo0o�lti°n8 ' Qana signs would be 12 h and Strong Road . The feet back feet high and would be placed heightaoed oq at t Off Strong Road . The signsapproxlmat f tQs e9ulr coming north are missingceare needed because t-0,14 Sullivan Avenue . the entrance and have to turn arot0Ierg regox The signs will not be illuminated . 1. No one in the and 8t XPla appeal . audience spoke in favor or in opposition to �Fchi' this With no furtherZo appeal was closed questions', the public participation requi portion of this �cau Yo: c AQID# 1594-90 Ps Daniel W^ b appeE n W nal tOrarV cID e M r. p, yt' 24 Daniel Webster was prose x� temporarypresent asking for renewal of & conditional permit for his his two year }kwape Road . He noted no chan��' karate school at 240 Chapel yes since his original a jappe application . Phil Pratson , from East Hartford His daughter attends the s spoke in favor of this appeal. operation . chool and he is very satisfied with the rivar: No one in the audience spoke in opposition to this appeal . With no further questions, the publicEll appeal was closed . ' Participation portion of this Ric # SOL request a yaranc c Gev r i� o Bh e to �etion �, 1 h ' ``� " Drive,- bu allow rC C duQtion o f ebuffer u�c_ =3--- =.Q _. `l o n 7 n g P o rr j t i , � I1 tU t@ �n�feet t° fl } PPT nn a etw GC e r - 0 .one fr �roQer•t Ave ( Cr Znn ) v�_oca -e�1 3 t I('iln 0I16 Su 1 1 j van Si 1 lc Attorney William Grace was ,. fe Present representing the applicant . explained that the board He t} gran a 20 foot buffer reduction last ac i TOWN OF SOUTH WINDSOR C� ZONING BOARD OF APPEALS r 6, 19U g Minutes Page 12 September 6, 1990 -- -_ -------------------------------- ---------------------------------- w AQp# 1595-90 - YousQfzariPhcontinued : month on this s property instead of the 30 feet requested . After reviewing the plans the engineering firm declared that they needed the additional 10 feet reduction to make the project work. Without stop from the the additional reduction the property can ' t be used the way they -iditionaI intended . There wouldn ' t be enough room for the required parking Dcatedon f area and for placement of the buildings . Attorney Grace explained t of the that the zone was changed on this property along with the buffer natelY40 : requirements after the purchase of the property . customers 1. around ats Gregory Montana, the architect on the project , was also present . He ; explained briefly the layout of the buildings and parking area showing the necessity to have the additional 10 feet to achieve an Z to this , architectural balance of the buildings . He noted that the Planning & Zoning Commission was aware when changing the zone and buffer requirements that this property would suffer a severe hardship of this :` because of these changes . No one in the audience spoke in favor or in opposition to this appeal . 7r Locks iit for a Mr. Carino asked if less buffer in the front and moving the project a up would help . Attorney Grace said it wouldn ' t . two year With no further questions , the public participation portion of this !0 Chapel ;:appeal was closed . y ` peal. Apo # 1596-9 - Ri hard Siev r 44 9lston Rd Newington request a with the Variance to Section 4 . 5 . 4 . 4 of hF Zoning Regulations to allow the - free standing sign to be 24 s . f . ,_ to allow a C nn 1 sign on the face ; l�at_ed at __a_- temporary res.taurant -sign on property 855 John Fi h Blvd for ,th Windsor Restaurant & of this A UGC - one). Richard Siever from the sign company was present . He represented South Windsor Restaurant & Pizza to be located at 885 John Fitch Blvd , They are requesting a variance to allow a sign on the riY� ;building face; a free standing sign in front of the property; and a ,temporary sign in front• of the property. The restaurant is 120 feet Om the highway and is blocked by existing trees thereby requiring ,°.slgnage at the road . The sign attached to the building face will be 1/2 feet high and 108 feet long. The free standing sign would be 1100ated 60 feet back from the edge of the road and approximately 60 ant ire rtht from the building. Because the State owns the property where Sign would be placed a State permit is required . They were last .�aavised by the State that they don 't foresee any problems, however ,, � .ltWould take anywhere from 4 to 6 weeks to complete the P paperwork. P. TOWN OF SOUTH WINDSOR : _�� - ZONING BOARD OF AP 1+Ar.S 6, 1990 Minutes Page 20 September 6, 1990 ------------------------------------------------------------------- tEM: App . #1594-90 - Daniel Webster - 240 Chanel Rd :ano 9 5.2 of lotion to : App# 1594-90 - Daniel Webster, 66 Spring St . , Windsor I of an Locks, for a renewal of a two year temporary & ( 15 ft. conditional permit for a karate school on property (A-30 located at 240 Chapel Rd . ( I Zone) ,as made by: Anthony Id seconded by: Murray 'hemotion : Unanimously carried . joard members voting: Warren, Gallicchio, Anthony, Carino, Murray urray ,he Board noted that any existing conditions would still apply. had to oms are on the ` ;TEH: App .#1595-90 - Loros & Gevargiz Yousefzadeh, 1000 & 1006 Sullivan Avenue lotion to : App# 1595-90 - Loros & Gevargiz Yousefzadeh, 26 Krawski Drive, for a variance to Section 4 . 5 .4 . 1 of the Zoning Regulations to allow reduction of the buffer fora area between GC Zone and A-20 Zone from 50 feet to 20 ro signs feet on property located at 1000 & 1006 Sullivan Ave . of the (GC Zone) ,ated,:fln As'made by: Carino seconded by: Murray yte motion : Unanimously carried . � yf #hard members voting: Warren, Gallicchio, Anthony, Carino, Murray qurraY hardship : Due to the unusual shape of the property and the tildings and locations of these buildings to be developed . It was taken into consideration that there is no residential YeIopment behind the property. The board also noted that the 20 feet � f - �Ocer requirements changed after the development was already in the < ess stage . Aop .#1596-90 - Richard Siever , 885 John Fitch Blvd � rq� flon to; Approve App# 1596-90 - Richard Siever, 44 Alston Rd . , Newington, for a variance to Section 4 . 5 .4 .4 of the * Zoning Regulations to allow the free standing sign to : f be 24 s . f . ; to allow a second sign on the building face; and for a temporary restaurant sign on property s located at 885 John Fitch Blvd . for South Windsor Restaurant & Pizza. (GC Zone ) A Fee - APPLICATION FOR Receipt No. 0 P TOWN OF SOUTH WINDSOX ZONING BOARD OF APPEALS MKPORTANT: This application must be submitted to the Planning Department by the second Friday of the Preceding month to insure being heard at the next meeting. ALL ITEHS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL. BE RETURNED IF INCOMPLETE. - The application and supplements must be filed in duplicate. Se,D 6 ,. - The application must be typewritten or printed in ink. j9 Q 90 - 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. - If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. - 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. APPLICANT: LOROS YOUSEFZADEH and GEVARGIZ YOUSEFZADEH MAILING ADDRESS 26 KRAWSKI DRIVE, SOUTH WINDSOR, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION LOROS YOUSEFZADEH and GEVARGIZ YOUSEFZADEH LOCATION OF PROPERTY IN QUESTION 1000 & 1006 Sullivan Ave.(Northerly side of Sullivan Ave.)SEEACPACfmm ZONE OF PROPERTY IN QUESTION GC CHECK ONE OF THE FOLLOWING: Buffers as set forth in Section 5.4 Request Variance to Section 4.5.4.1 of the Zoning Regulations to allow a reduction XJ of the buffer area between General Commercial and A20 from 50' to 20' . aor state hearing under Section of the General Statutes for aor temporary and conditional permit for or an appeal from the Zoning Officer's decision involving Is applicant a corporation or co-partnership? NO (If Corporation, submit a list of officers. If Co-partnership; submit a list'of owners) . Is the applicant owner, lessee, or prospective tenant? OWNERS Are there any liquor outlets within the restricted area? NO (If yes, submit a list of the liquor outlets, their locations and distances from the property in question) . Is this property within 500 feet of another town line? NO State clearly the unusual hardship or exceptional difficulty that prompts this application and indicate why other options are unacceptable. (Use a separate sheet- of paper if necessary) . The' Applicants seek a rehearing on, their request for a variance for the reduction of the Buffer from 50 feet to 20 feet. The Board granted a variance of 20 feet rather than the requested 30 feet and the Applicants, after additional engineering and archi- tectual design and review, are not able to utilize the property without the additional ten foot variance. The historic home that is to be moved and restored cannot be situated without the additional variance. The parking plan as to safety and building placement can also be substantially improved with the additional variance. For the _ Applicants to develope the parcel in its present zone and improve the area, the further reduction of the Buffer is necessary otherwise it would be an extreme h dahin Dated this 17th day of August y ar 199.0 T phone # 644-8857 LOROS YOUSEFZADEH 1jr- APPLICANT: GEVARGIZ YOUSEFZADEH BY: LOROS YOUSEFZADEH BY• (Signatur W' 1' E. c A ney for Applicants OWNER: GEVARGIZ YOUSEFZADEH (Signature TWilliam E. Grace, Attorney for Owners ACTION OF THE BOARD SEP 6 1990 GRANTED DENIED • • • ^�. . jam{/• • • • • • q• • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • . . • • • . ♦:.• . . . . . . . . . . . . . . . . . . • • • . . • • . • • • • . • . • • • . • • • • • • • • • • • • • �♦ • • _ • • • • .. . • • • . • • • • • • • • • • • • • . • • • • • • • . • • . . • • . ^ . . ' . ~ 14jr _ September 13, 1990 Mr . & Mrs. Loros Yousefzadeh 26 Krawski Drive South Windsor, Ct 06074 RE : ZBA Application #1595-90 - 1000 & 1006 Sullivan Avenue Dear Mr. & Mrs. Yousefzadeh: At the meeting of the Zoning Board of Appeals held on September 61, 1990, a variance was granted to Section 4. 5.4. 1 of the Zoning Regulations to allow reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 20 feet on property located at 1000 & 1006 Sullivan Ave. (GC Zone) The Board noted a hardship due to the unusual shape of the property and the buildings, and locations of these buildings to be developed . It was taken into consideration that the buffer requirements changed after the development was already in the process stage. It was also noted that there is no residential development behind the property. This action is effective upon your filing of the enclosed form in the Town Clerk 's office at your own expense. Very truly yours, Robert Warren Chairman Zoning Board of Appeals RW:dlb Enclosure CC: Attorney William Grace o - ^ , ZONING_BOARD OF APPEALS Minutes Page 2 July 5, 1990 Loros Attorney William Grace was present representing the applicants. The property in question is 1 .6 acres in size located on the north side of Sullivan Ave. The proposal is to develop this parcel into a small commercial area. The property is zoned General Commercial . It is their intent to move the historical homestead presently located on the property to the rear of the property. The building at the front of the property will be taken down and replaced by a small restaurant. The homestead would be turned into an office � building . They are looking to reduce the minimum front yard from 50 feet to 40 feet and reduce the buffer area between the GC Zone and the A-20 Zone from 50 feet to 20 feet. Mr. Grace noted the hardship being that this property is not usable with the new buffer restrictions. Attorney Grace submitted for the record a letter from the abutting neighbor at 1014 Sullivan Avenue, Rose Petraitis, who is not opposed to the proposal . (Copy attached marked Exhibit A) Chris Stone from Fuss & O' Neill was present. He said because the property slopes towards Sullivan Avenue, drainage will not be a problem however, there will be an increase in traffic as a result of the project. Sight lines are not a problem because there is plenty of sight distance for the driveway coming out. There are no wetlands on the site. Parking will be accommodated on the site. Greg Montana, the Architect on the project, was present. He said it is their intent to save the trees located on the front of the property. He explained that a family restaurant would replace the present building located near the front property line and the homestead would be moved to the rear and converted into approximately 2400 s. f . of office space. He explained that the parking for both buildings would be shared when needed as the peak hours are different for each building . The old homestead is of federal/colonial design and will be fully restored . The colonial theme will be used through out the entire project. No one in the audience spoke in favor of or in opposition to this appeal . N � ^ ^ Minutes Page 3 July 5, 1990 Mr. Earley asked what the capacity of the restaurant would be and was told it would have less than 100 seats. Mr. Gallicchio asked if the proposal would be feasible if the board only granted a 50% reduction instead of the 60% being requested . Attorney Grace said it gives them a better chance to use the property than they have now. Attorney Grace explained that the proposed plan might not be built as large as it' s being proposed. The purpose of the site plan was to show the board how the land would be unusable without the variances being requested. He said the size of the restaurant may be built smaller. With no further questions, the public participation portion of this appeal was closed . construqjion from the front Mr. Stevenson was present. He is applying for a two foot variance to construct a front porch on his house. The open porch will be 6 feet by 32 feet. The present concrete steps on the front of the house protrude a little less than 6 feet from the house and can not be removed . Mr. Stevenson said they will build the porch over the steps not encroaching into the front yard setback any further than the steps presently do. The porch will have a roof and a 4 foot high railing . No one in the audience spoke in favor of or in opposition to this appeal . With no further questions, the public participation portion of this closed appeal was . two � Attorney Jack Zanini was present representing the applicant for a two year temporary & conditional permit to operate a flea market on the old drive-in property located on Chapel Rd . They were before the board in June but were denied without prejudice due to unsafe conditions. He proceeded to explain the repairs made on the property since the last meeting . The flea market would be open on ' Minutes Page 12 July 5, 1990 Motion to: Deny without prejudice App.#1556-90 - Lampron Sign Services Inc . , P.O. Box 1051 , Southington , for two variances to Section 4.4.3 & 4.7.3.2 of the Zoning Regulations to allow a 50 s. f . sign ( 12 s. f . allowed ) , and a second variance for a second sign 50 s. f . , on property located at 1451 A & B John Fitch Blvd . ( I Zone) was made by: Earley and seconded by: Gallicchio The motion : Carried Unanimously Board members voting : Warren , Earley, Gallicchio, Neary, Carino Easson : Board was concerned with the size of the sign . � They would like to see a smaller viable alternative for the signs. � A legible site plan showing the sign to scale in its exact location � is being requested . The board would also like more information on hours of operation of the two businesses. ITEM: (Gallicchio sitting for Anthony) Motion to: Approve App# 1570-90 - Loros & Gevargiz Yousefzadeh, 26 Kraswski Drive, for a variance to Section 4. 5.4. 1 & 5.2 of the Zoning Regulations to allow reduction in the required minimum front yard from 50 feet to 40 feet; allow a reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 30 feet on property located at 1000 & 1006 Sullivan Ave. (GC Zone) was made by: Earley - and seconded by: Carino Motion amended : for 50 foot variance to front yard . was made by: Carino and seconded by: Neary The motion failed by a vote of 2 to 3 Vote in favor of amendment: Neary, Carino Vote opposed to amendment: Warren , Gallicchio, Earley Vote on original motion : was carried by a 4 to 1 vote. `' U ^ '1.-.OWN OF SOUTH WINDSOR - Minutes Page 13 July 5, 1990 Vote in favor: Warren , Gallicchio, Earley, Neary Vote opposed : Carino Hardship: Buffer regulation established after the zone change was notedanted to this parcel . It was also noted the 40 foot frontage is the current front yard setback of the three adjoining parcels. ITEM: Motion to: Approve App# 1571-90 - Harry Stevenson , 54 Dower Rd . , for a 2 foot variance to Section 5.2 of the Zoning Regulations to allow construction of a 6 foot wide open porch 38 feet from the front property line (40 feet required ) on property located at 54 Dower Rd. (A-20 Zone) was made by: Neary and seconded by: Carino � The motion was: Carried unanimously Board members voting : Warren, Earley, Anthony, Neary, Carino Hardship: The porch will not encroach any further than the present concrete stairs. ITEM: Motion to: Approve App# 1572-90 - Ki Chong O, 9 Hendee Rd . , Manchester, for a two year temporary & conditional permit for the operation of a flea market on weekends and holidays only, April through September, with hours of operation to the public between 9:00 a.m. to 6:00 p.m. , on property located on the southerly side of Chapel Rd . , easterly of Route 5. ( I Zone) was made by: Neary and seconded by: Anthony The motion was: Carried with a 4 to 1 vote Vote in favor: Warren , Neary, Anthony, Carino Vote opposed : Earley ITEM: Motion to: Approve App# 1573-90 - Robert Willard , 410 Niederwerfer Rd . , for a variance to Section 5.2 of the Zoning Regulations to allow construction of a shed 16 feet " APPLICATION FOR TOWN OF SOUTH - WINDSOR TO BE COMPLETED BY BOARD ZONING BOARD 'OF APPEALS Filed . . . . . . . . . . . . . . . . (DATE) IMPORTANT: This application must be submitted to the Planning Department Fee . . . . . . . . . . . . . . . .!!�� L�� by the second Friday of the preceding month to insure being Receipt No. i�� l.4 . . heard at the next meeting. 4LL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICA�T WILL BE RETURNED IF INCOMPLETE. f�.�,,, The application and supplements must be filed in duplicate. e - The application must be typewritten or printed in ink. �o - A Class D or better survey of the property in question must be submitted with he applic tion, 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. - If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. - The sign purchased 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 or Building Department at the South Windsor Town Hall. APPLICANT Loros Yousefzadeh and Gevargiz Yousefzadeh MAILING ADDRESS 26 Kraswski Drive, South Windsor, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION Loros Yousefzadeh and Gevargiz Yousefzadeh SEE LOCATION OF PROPERTY IN QUESTION 1000 & 1006,Sullivan Ave., (northerly side of Sullivan Avenue)ATTACHMENTS ZONE OF PROPERTY IN QUESTION GC CHECK ONE OF THE FOLLOWING: 4.5.4. 1 - Buffers as set forth in Section 5.4 and IXX REQUEST VARIANCE TO SECTIONS `. 5•=2_ OF THE ZONING REGULATIONS TO ALLOW A reduction in the required minimum front yard from 50' to 40' • allow a reduction of the buffer area between General Commercial and A20„from 50' to 201 .-(Section 4.5.4. 1) I� OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR OR TEMPORARY AND CONDITIONAL PERMIT FOR �( OR AN APPEAL FROM THE ZONING OFFICER'S DECISION INVOLVING O - Rev. 9-85 (nvPr) Is applicant a corporation or co-partnership? No (If Corporation, submit a list of officers. If co-partnership, submit a list of owners) . Is the applicant owner, lessee or prospective tenant? Owners Are there any liquor outlets within the restricted area? No (If yes, submit a list of the liquor outlets, their locations and distances from the property in question.) Is this property within 500 feet of another town line? NO State clearly the unusual hardship or exceptional difficulty that prompts this application, and indicate why other options are unacceptable. (Use a separate sheet of paper if necessary) . The parcels owned by the Applicants are located in a GC zone on the northerly side of Sullivan Avenue. The Applicants overall plan is to remove the present unsightly old market building, create a small commercial development, saving the existing home and matured trees. The recently enacted buffer requirements cause a severe hardship on the Applicants and virtually make the parcels undevelopable. The Applicants request a 30 foot variance of the buffer require- ment where the parcel abutts the A20 Zone for a 20 foot buffer rather than the 50 foot require- ment. The Applicants also request a variance of the front building line from 50 feet to 40 feet to allow for the overall plan. The present house has a 40 foot building line and the building to be removed is extremely close to Sullivan Avenue. The variance would allow the Applicants to use the parcel and eliminate a harship due to the unique character of the Parcels. The area and abutting owners' property would be enhanced by the development. Dated this 8th day of June 19 90 Lotus Yousefzadeh APPLICANT: Gevargiz Yousefzadeh �BY: � . &OMCO(Signature) William E, ra , Attorney for Applicants Loros Yousefzadeh ) OWNER: Gevar iz Yousefzadeh) BY. � . (Signature) William. E. Grace, Attorney for Owners 40` "a'cc ACTION OF THE BOARD 4-3D bkkWq 6juAe4,, at the meeting held on JUL 5 990 . . . . . . . . . . . . . . . . . . . . 1 DENIED . . . �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1�' C® 4t July 13, 1990 C E R T I F E I D M A I L Mr. Loros & Gevargiz Yousefzadeh 26 Kraswski Drive South Windsor, Ct 06074 RE: ZBA Application #1570-90 - 1000 & 1006 Sullivan Ave. Dear Mr. & Mrs. YOLtSefzadeh. At the meeting of the Zoning Board of Appeals held on July 5, 1990, a variance was granted to Section 4.5.4.1 & 5.2 of the Zoning Regulations to allow reduction in the required minimum front yard from 50 feet to 40 feet; allow a reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 30 feet on property located at 1000 & 1006 Sullivan Ave. (GC Zone) The board noted a hardship due to the buffer regulations being established after the zone change was granted to this parcel . it was also noted that the 40 foot setback is the Current setback on the three adjoining parcels. This action is effective upon your filing of the enclosed form in the Town Clerk ' s office at your own expense. Very truly yours, Robert Warren Chairman Zoning Board of Appeals RW.,dlb Enclosure CC: Attorney William Grace E-D p ~ \ `^ TOWN OF SOUTA WINDSOR ZaNINS- BOARD OF APPEALS � Minutes Page 2 July 5, 1990 from 50 feet to 40 _fekt; - allow__a reduction of the _buffer atreg �_IGQ Zone Attorney William Grace was present representing the applicants. The property in question is 1 .6 acres in size located on the north side of Sullivan Ave. The proposal is to develop this parcel into a small commercial area. The property is zoned General Commercial . It is their intent to move the historical homestead presently located on the property to the rear of the property. The building at the front of the property will be taken down and replaced by a small restaurant. The homestead would be turned into an office building . They are looking to reduce the minimum front yard from 50 feet to 40 feet and reduce the buffer area between the GC Zone and the A-20 Zone from 50 feet to 20 feet. Mr. Grace noted the hardship being that this property is not usable with the new buffer restrictions. Attorney Grace submitted for the record a letter from the abutting neighbor at 1014 Sullivan Avenue, Rose Petraitis, who is not opposed to the proposal . (Copy Attached marked Exhibit A) Chris Stone from Fuss & O' Neill was present . He said because the property slopes towards Sullivan Avenue, drainage will not be a problem however, there will be an increase in traffic as a result of the project. Sight lines are not a problem because there is plenty of sight distance for the driveway coming out. There are no wetlands on the site. Parking will be accommodated on the site. Greg Montana, the Architect on the project, was present. He said it is their intent to save the trees located on the front of the property. He explained that a family restaurant would replace the present building located near the front property line and the homestead would be moved to the rear and converted into approximately 2400 s. f . of office space. He explained that the parking for both buildings would be shared when needed as the peak hours are different for each building . The old homestead is of federal/colonial design and will be fully restored . The colonial theme will be used through out the entire project. No one in the audience spoke in favor of or in opposition to this appeal . ° ' ^ ' / ' TOWN bF SOUTH WINDSOR ZONING BOARD OF APPEALS Minutes Page 3 July 5, 1990 Mr. Earley asked what the capacity of the restaurant would be and was told it would have less than 100 seats. Mr. Gallicchio asked if the proposal would be feasible if the board only granted a 50% reduction instead of the 60% being requested . Attorney Grace said it gives them a better chance to use the property than they have now. Attorney. Grace explained that the proposed plan might not be built as large as it's being proposed. The purpose of the site plan was to show the board how the land would be unusable without the variances being requested. He said the size of the restaurant may be built smaller. With no further questions, the public participation portion of this appeal was closed. A # 1571-90 Harr Stevenson., 54 D ower Rd . . reaUest a 2 foot variance - to Section 5.2 of the Zoning Requlations to allow construction of a 6 foot wide _Rpg�!a por-ch _38 feet from the front pnppert)L__j_i-IIe (40 feet reQUired ) on property located at 54 Dower ° - ` Mr. Stevenson was present. He is applying for a two foot variance to construct a front porch on his house. The open porch will be 6 feet by 32 feet. The present concrete steps on the front of the house protrude a little less than 6 feet from the house and can not be removed . Mr. Stevenson said they will build the porch over the steps not encroaching into the front yard setback any further than the steps presently do. The porch will have a roof and a 4 foot high railing. No one in the audience spoke in favor of or in opposition to this � appeal . With no further questions, the public participation portion of this appeal was closed. Op market on weekends onlv. on oroperty located on the Southerly side gj_gh:.t.pel Rd . . east rly of Route 5. ( 1 Zone) Attorney Jack Zanini was present representing the applicant for a two year temporary & conditional permit to operate a flea market on the old drive-in property located on Chapel Rd . They were before the board in June but were denied without prejudice due to unsafe conditions. He proceeded to explain the repairs made on the property since the last meeting . The flea market would be open on » � ' ^ , , Minutes Page 12 July 5, 1990 � Motion to: Deny without prejudice App.#1556-90 - Lampron Sign Services Inc . , P.O. Box 1051 , Southington, for two variances to Section 4.4.3 & 4.7.3.2 of the Zoning Regulations to allow a 50 s. f . sign ( 12 s. f. allowed ) , and a second variance for a second sign 50 s. f . , on property located at 1451 A & B John Fitch Blvd . ( I Zone) was made by: Earley and seconded by: Gallicchio � The motion : Carried Unanimously � Board members voting : Warren, Earley, Gallicchio, Neary, Carino Reason for : Board was concerned w~ th the size of the sign . They would like to see a smaller viable alternative for the signs. A legible site plan showing the sign to scale in its exact location is being requested . The board would also like more information on hours of operation of the two businesses. ITEM: REive� (Gallicchio sitting for Anthony) ' Motion to: Approve App# 1570-90 - Loros & Gevargiz Yousefzadeh, 26 Kraswski Drive, for a variance to Section 4. 5.4. 1 & 5.2 of the Zoning Regulations to allow reduction in the required minimum, front yard from 50 feet to 40 feet; allow a reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 30 feet on property located at 1000 & 1006 Sullivan Ave. (GC Zone) was made by: Earley and seconded by: Carino Motion amended : for 50 foot variance to front yard . was made by: Carino and seconded by: Neary The motion failed by a vote of 2 to 3 Vote in favor of amendment: Neary, Carino Vote opposed to amendment: Warren , Gallicchio, Earley Vote on original motion : was carried by a 4 to 1 vote. + ^ ` TH ' Minutes Page 13 July 5, 1990 Vote in favor: Warren , Gallicchio, Earley, Neary Vote opposed : Carino Hardship: Buffer regulation established after the zone change was granted to this parcel . It was also noted that the 40 foot frontage is the current front yard setback of the three adjoining parcels. ITEM: Motion to: Approve App# 1571-90 - Harry Stevenson , 54 Dower Rd. , for a 2 foot variance to Section 5.2 of the Zoning Regulations to allow construction of a 6 foot wide open porch 38 feet from the front property line (40 feet required ) on property located at 54 Dower Rd . (A-20 Zonq) ' ^ was made by: Neary and seconded by: Carino The motion was: Carried unanimously Board members voting : Warren , Earley, Anthony, Neary, Carino Hardship: The porch will not encroach any further than the present concrete stairs. � ITEM: � � Motion to: Approve App# 1572-90 - Ki Chong O, 9 Hendee Rd . , Manchester, for a two year temporary & conditional permit for the operation of a flea market on weekends and holidays only, April through September, with hours of operation to the public between 9:00 a.m. to 6:00 p.m. , on property located on the southerly side of Chapel Rd . , easterly of Route 5. ( I Zone) was made by: Neary and seconded by: Anthony The motion was: Carried with a 4 to 1 vote Vote in favor: Warren , Neary, Anthony, Carino Vote opposed : Earley ITEM: Motion to: Approve App# 1573-90 - Robert Willard , 410 Niederwerfer Rd . , for a variance to Section 5.2 of the Zoning Regulations to allow construction of a shed 16 feet � l , APPLICATION FOR Receipt No. 1 5- 0 TOWN OF SOUTH StINDSOR ZONING BOARD OF APPEALS IMRTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL, ITEMS MUST BE ANSWERED AND ALL SUPPLE109TS RUST BE SUBMITTED. THE APPLICATION STILL BE RETURNED IF INCOMPLETE. The application and supplements must be filed in duplicate. vQ SFP s The application must be typewritten or printed in ink. 19 ,9p - 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. - If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. - 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. APPLICANT: LOROS YOUSEFZADEH and GEVARGIZ YOUSEFZADEH MAILING ADDRESS .26 KRAWSKI DRIVE, SOUTH WINDSOR, CT 06074 OWNER OF RECORD OF PROPERTY IN QUESTION LOROS YOUSEFZADEH and GEVARGIZ .YOUSEFZADEH LOCATION OF PROPERTY IN QUESTION 1000 & 1006 Sullivan Ave.(Northerly side of Sullivan Ave.)SEEATTAaMWM ZONE OF PROPERTY IN QUESTION GC CHECK ONE OF THE FOLLOWING: Buffers as set forth in Section 5.4 Request Variance to Section 4.5.4.1 of the Zoning Regulations to allow a reduction J of the buffer area between General Commercial and A20 from 50' to 20' . Dor state hearing under Section of the General Statutes for F or temporary and conditional permit for or an appeal from the Zoning Officer's decision involving Y 'Is applicant a corporation or co-partnership? NO , (If Corporation, submit a list of officers. If Co-partnership. submit a list of owners) .' Is the applicant owner, lessee, or prospective tenant? OWNERS Are there any liquor outlets within the restricted area? NO (If yes, submit a list of the liquor outlets, their locations and distances from the property in question) . Is this property within 500 feet of another town line? NO State clearly the unusual hardship or exceptional difficulty that prompts this application and indicate why other options are unacceptable. (Use a separate sheet- of paper if necessary) . The%Applicants 'seek..a rehearing on. their request for a variance for the reduction of the Buf.fer from 50 feet to 20 feet. The Board granted a variance of 20 feet rather than the requested 30 feet and the Applicants, after additional engineering and arch i- tectual design and review, are not able to utilize the property without the additional ten foot variance. The historic home that is to be moved and restored cannot be situated without the additional variance. The parking plan as to safety and building placement can also be substantially improved with the additional variance. For the Applicants to develope the parcel in its present-zone and improve the area, the further reduction of the Buffer is necessary otherwise-it would be an extreme hardship- Dated this 17th day of August rear 19 .0 T phone # 644-8857 LOROS YOUSEFZADEH- _ APPLICANT: GEVARGIZ YOUSEFZADEH �BY: LOROS YOUSEFZADEH )BY: (Signatu-r 1' E. c A ney for Applicants OWNER: GEVARGIZ YOUSEFZADEH (Signatu e) William E. Grace, Attorney for Owners ACTION OF THE BOARD SEA 6 1990 GRANTED DENIED - . . . �'. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ^ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . le4e Mr. ry!r s 26 YOUs:ef Ze 4eh aWs:ki Ct 060-174 RE: ZBA Appl- Dear. - 'cation #1595-9C) jOC)O & 1006 Sullivan Avenue Mr Y g (-Jf the Zoning Board th6 1990 -tiations f-O-Ice was granted F.'C-4 g r i a 1 f APpeal, o Qd L r- and A,-20 Zf-.-, edUc r Section 4� 5=i .q".1 of f-1-Ie zC.11 6, e -F on f 4 L _.h -1 1006 50 f t-ne bUffe— j - a n eet to 2 f -rea be ilg 0 1:71 Z on.,- --et on pr,p,,t, I tween GC- 7o. ocat The poa e d a t- 1000 nOted hardshiP due f. and f-P ne buildif-Irls the un LSi-.,.a developed. ana locations of -F s h a r,iz, f the pr reqUi was taken into- -hese 'bUildi j: -nentj-:, changed a on - Process f cclnsid,-�. ratj ng s tc) be devc-lop,7,=-I-agc. Tt ter the deve- - that the buffer. was also noted -lopment 'was alv-ead-y in the -ent behind the proDerty� --hat there is no resident-.2.-E.Q This action the Town rk -ffL CleIS, - -Cti-Ve L(Pon Your filing of the enclosed S office at Your own exPense. form in Very tr,-I,.,y . YOUrS Robert vv,�I.,r e-n E-I a n ZOn Lng DO-ard F,4V d I b of 11ppeal Ls n c OCO t t o r Grace S its IV KNJEDj _ TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS Minutes Page 11 September 6, 1990 ------------------------------------------------------------------- ADD# 1593-90 - Highlft, Inc P .O . Box 1138 request a two year temporary & conditional Permit for two signs (32 s feach) to be located on John Fitch Blvd . and Strong Road (I Zone) Attorney Vincent Fernhaven was present along with Mr . Jackston from Highlift . They are applying for a two year temporary & conditional permit for two identical 32 s . f . double faced signs to be located on a new access road off John Fitch and Strong Road . The height of the signs would be 12 feet high and would be placed approximately 40 feet back off Strong Road . The signs are needed because customers coming north are missing the entrance and have to turn around at Sullivan Avenue . The signs will not be illuminated . No one in the audience spoke in favor or in opposition to this appeal . With no further questions, the public participation portion of this appeal was closed . Apo# 1594-90 - Daniel Webster, 66 Spring St . , Windsor Locks request a renewal of a two year temporary & conditional permit for a karate school on property located at 240 Chapel Rd . (I Zone ) Daniel Webster was present asking for renewal of his two year temporary & conditional permit for his karate school at 240 Chapel Road . He noted no changes since his original application .- Phil Pratson, from East Hartford, spoke in favor of this appeal . His daughter attends the school and he is very satisfied with the operation . No one in the audience spoke in opposition to this appeal . With no further questions, the public participation portion of this appeal was closed . ADD# 1595-90 - Loros & Gevargiz Yousefzadeh 26 Krawski Drive request a variance to Section 4 5 4 1 of the Zoning Regulations to allow reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 20 feet on property located at 1000 & 1006 Sullivan Ave : (GC Zone) Attorney William Grace was present representing the applicant . He explained that the board granted a 20 foot buffer reduction last TOWN OF SOUTH WINDSOR ZONING BOARD OR APPFAT,S Minutes Page 12 September 6, 1990 --------------------- .----------------- Apo# 1595-90 - Yousefzadeh continued : month on this property instead of the 30 feet requested . After reviewing the plans the engineering firm declared that they needed the additional 10 feet reduction to make the project work. Without the additional reduction the property can ' t be used the way they intended . There wouldn ' t be enough room for the required parking area and for placement of the buildings. Attorney Grace explained that the zone was changed on this property along with the buffer requirements after the purchase of the property. Gregory Montana, the architect on the project , was also present. He explained briefly the layout of the buildings and parking area showing the necessity to have the additional 10 feet to achieve an architectural balance of the buildings . He noted that the Planning & Zoning Commission was aware when changing the zone and buffer requirements that this property would " suffer a severe hardship because of these changes . • No one in the audience spoke in favor or in opposition to this appeal .. Mr . Carino asked if less buffer in the front and moving the project up would help . Attorney Grace said it wouldn 't . With no further questions, the public participation portion of this appeal was closed. App# 1596-90 - Rir+hard Si-ey-er . 44 Alston Rd Newington request a variance to Section . 5 .4 .4 o he Zonina Regulations to allow the free standing sign to be 24 G f ; to allow a _--second sign on the buildino face : and for a temporary restaurant sign on property located at 855 John F ' .nh Blvd , for South Windsor Restaurant _& Pizza (GC Zone) Richard Siever from the sign company was present . He represented South Windsor Restaurant & Pizza to be located at 885 John Fitch Blvd . They are requesting a variance to allow a sign on the building face; a free standing sign in front of the property; and a temporary sign in front of the property. The restaurant is 120 feet from the highway and is blocked by existing trees thereby requiring signage at the road . The sign attached to the building face will be 1 1/2 feet high and 108 feet long. The free standing sign would be located 60 feet back from the edge of the road and approximately 60 yet from the building. Because the State owns the property where the sign would be placed a State permit is required . They were advised by the State that they don 't foresee any problems, however, it would take anywhere from 4 to 6 weeks to complete the paperwork. TOWN OF SOUTH WTNDSnR ZONING BOARD OF APPEALS Minutes Page 20 September 6, 1990 ------------------------------------------------------------------- ITEM : App .#1594-90 - Daniel Webster - 240 Chapel Rd . Motion to : App# 1594-90 - Daniel Webster, 66 Spring St . , Windsor Locks, for a renewal of a two year temporary & conditional permit for a karate school on property located at 240 Chapel Rd . (I Zone) was made by: Anthony and seconded by: Murray The motion : Unanimously carried . Board members voting: Warren, Gallicchio, Anthony, Carino, Murray The Board noted that any existing conditions would still apply. ITEM : Apo.#1595-90 - Loros & Gevargiz Yousefzadeh. 1000 & 1006 Sullivan Avenue Motion to: App# 1595-90 - Loros & Gevargiz Yousefzadeh, 26 Krawski _ Drive, for a variance to Section 4 . 5.4. 1 of the Zoning Regulations to allow reduction of the buffer area between GC Zone and A-20 Zone from 50 feet to 20 feet on property located at 1000 & 1006 Sullivan Ave. (GC Zone) was made by: Carino and seconded by: Murray The motion: Unanimously carried . Board members voting: Warren, Gallicchio, Anthony, Carino, Murray Hardship : Due to . the unusual shape of the property and the buildings and locations of these buildings to be developed . It was also taken into consideration that there is no residential development behind the property. The board also noted that the buffer requirements changed after the development was already in the process stage . ITEM : Apo #1598-90 - Richard Siever . 885 John Fitch Blvd . Motion to: Approve App# 1596-90 - Richard Siever, 44 Alston Rd . , Newington, for a variance to Section 4 .5 .4 .4 of the , Zoning Regulations to allow the free standing sign to be 24 s. f•. ; to allow a second sign on the building face; and for a temporary restaurant sign on property located at 885 John Fitch Blvd . for South Windsor Restaurant & Pizza. (GC Zone)