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Home My WebLink AboutVariance (817) TO WN OF SO UTH WINDSOR Application# �2 C 33 —0 APPLICATIONFOR Date 1 o11310 f ZONING BOARD OF APPEALS Receipt# q�5-41 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. 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 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. l i 1. Applicant: �o + v n��.t c� 1"1 2. Mailing Address: 7 V 5 A),exerwe Z. ,. ' , k- o I tom,9- 3. Telephone#: 30 - 6qq— 50�0 4. Owner of record of property in question: kAf S+ - 5. Location of property in,question: _N,ea er Assessor's Map# Parcel# Zone R 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). A Q Please indicate if the applicant is owner, lessee, or prospective tenant: 8. Check one of the following: Request Variance to Section 0, of the Zoning Regulations to allow Vic„ DI ct ce esS 10 -Fce+ Emm ` %e Erna � 11AC ( ) 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. 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? ftja 12. Is this property within the Connecticut Water Aquifer area? Yes or Dy 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. ` fl tPIA.S�� '�—�ctl�Pria, I hereby declare that the data&information contained herein is accurate to the best of my knowledge. Dated this day of ,— Year Applicant: (Sign ture) OWNER: (Signature) Approved: Denied: C EEEEEEEEReised 12/04/98 lc z Robert Michalak 465 Niederwerfer Rd. Request for Zoning Variance 10/14/2004 I am requesting this variance because although the acreage is large enough to house a 28x30 garage, the shape of the yard, the position of the house, the well, and the wetlands make it very difficult to construct the garage in any other location. There is one spot directly below the septic/leach system that would be large enough to aesthetically place a garage, however if and when the septic system needs to be replaced, that area has been set aside as a reserve location for the septic. The eighty foot setback at the front of the property would extend the desired building into the wetlands. I am asking that a variance be granted to allow me to build a minimum of ten feet from the property line. This area is the only desirable location for the garage as it is dry, flat and will not interfere with the wetlands. A minimal impact form will be completed as required. There is a reasonable cover of trees to block any view from the front lot. VOL. 837 PAGE 07 QUITCLAIM DEED I• (Statutory Form - Individual) n n 1 1 I, ERIC J. LOPES, of the Town of South Windsor, County of Hartford 11 and State of Connecticut for consideration of kindness and affection, grant to CYDNAE M. LOPES of the Town of South Windsor, r County of Hartford and State of Connecticut with QUITCLAIM COVENANTS: SEE SCHEDULE A (ATTACHED HERETO) Being the same premises conveyed to the Releasor herein by deed recorded in Volume 588 at Page 588 of the Town of South Windsor Land Records. Signed this day of VL' , 1995. Witnessed by: Caro can Lougee ERIC OPES CONVEYANCE TAX RECEIVFD F Louise W. De Plante CTATL6_..._._L01,Al ,'-- .NO ' i � STATE OF CONNECTICUT COUNTY OF ) ss TOWN CLERK&SOUTH WINOSOR �.. ) On this the �/ day of 41-111ry,- 1995, before me, the #. undersigned office q , personally appeared ERIC J. LOPES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. { In witness whereof, I hereunto s t my hand. urt f Releasee•s Mailin Address: 465 Niederwerfer R ad C of-Jean Lou ee South Windsor, Ct. LAW OFFICES FORD,OBERG,IIIANION,IF HOUCK F g. VERNON.CONNECTICUT ' .?s i r �• � 1 X s Mr.&Mrs.Herbert Slicer 561 Hartford Tpke, Vernon,CT. 06066 October 15,2004 Re: Garage Construction at 465 Niederwerfer Rd. Dear Property Owner: In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the property abutting yours at L020 Niederwerfer Rd.and is subject to a hearing by the Zoning Board of Appeals. The Application and plans are on file with the South Windsor Planning Department. We are asking the ZBA to grant a variance which allows construction of a garage no greater than 28' x 30' no less than 10 feet from the front property line. Currently there is an 80 foot setback distance. Building the garage 80 feet back from the line would put it in the wetlands. The garage will be one level with one small outdoor light for illumination with a shield directing the light towards the ground. The garage will be tastefully landscaped. If there are any questions as to the placement of the garage,please feel free to contact me at 860-644-5040. 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, Robert Michalak&Cydnae Lopes, 465 Niederwerfer Rd. /644-5040 Mr. &Mrs.Antonio Lopes 475 Niederwerfer Rd. South Windsor, CT. 06074 October 15,2004 Re: Garage Construction at 465 Niederwerfer Rd. Dear Property Owner: In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the property abutting yours at 475 Niederwerfer Rd.and is subject to a hearing by the Zoning Board of Appeals. The Application and plans are on file with the South Windsor Planning Department. We are asking the ZBA to grant a variance which allows construction of a garage no greater than 28' x 30' no less than 10 feet from the front property line. Currently there is an 80 foot setback distance. Building the garage 80 feet back from the line would put it in the wetlands. The garage will be one level with one small outdoor light for illumination with a shield directing the light towards the ground. The garage will be tastefully landscaped. If there are any questions as to the placement of the garage,please feel free to contact me at 860-644-5040. 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, Robert Michalak&Cydnae Lopes` 465 Niederwerfer Rd./644-5040 Mr. &Mrs. Eric Lopes 457 Niederwerfer Rd, South Windsor, CT. 06074 October 15, 2004 Dear Property Owner: Re: Garage Construction at 465 Niederwerfer Rd. 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 457 Niederwerfer Rd. and is subject to a hearing by the Zoning Board of Appeals. The Application and plans are on file with the South Windsor Planning Department. We are asking the ZBA to grant a variance which allows construction of a garage no greater than 28'x 30' no less than 10 feet from the front property line. Currently there is an 80 foot setback distance. Building the garage 80 feet back from the line would put it in the wetlands. The garage will be one level with one small outdoor light for illumination with a shield directing the light towards the ground. The garage will be tastefully landscaped. If there are any questions as to the placement of the garage,please feel free to contact me at 860-644-5040. 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, ��vv r•. v Robert Michalak&Cydnae Lopes 465 Niederwerfer Rd./644-5040 Town of South Windsor Town Managers Office 1540 Sullivan Avenue South Windsor, CT. 06074 October 15,2004 Re: R010 Barber Hill Rd Garage Construction at 465 Niederwerfer Rd. Dear Property Owner: In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the property abutting yours at R010 Barber Hill Rd.and is subject to a hearing by the Zoning Board of Appeals. The Application and plans are on file with the South Windsor Planning Department. We are asking the ZBA to grant a variance which allows construction of a garage no greater than 28' x 30' no less than 10 feet from the front property line. Currently there is an 80 foot setback distance. Building the garage 80 feet back from the line would put it in the wetlands. The garage will be one level with one small outdoor light for illumination with a shield directing the light towards the ground. The garage will be tastefully landscaped. If there are any questions as to the placement of the garage,please feel free to contact me at 860-644-5040. 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, �A Robert Michalak&Cydnae2pes 465 Niederwerfer Rd./644-5040 TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS Minutes Pa e 4 January5 1989 x 4: Murrin asked if the extensive renovations to this building make it a permanent office building. Rubin agreed it would. Murrin said that "', the child care center and the dance center located in that area could; easily become residential homes again Murrin also asked if Rubin had , been advised on taking this application to the Planning & Zoning i Commission. Rubin said that had been discussed. The closest zone that allows him to have a office there is RO restricted office. The I, other zones are more general types of zones . He cannot apply for a RO variance because he needs a minimum of 2 acres and this particula piece is too small . r. i Rubin's hardship is that this is the best use for this property in his opinion. i Anthony informed Rubin that the reason he was denied last time was not because of the size but because there was not a hardship that i would justify changing its use from residential to office. i Murrin stated that if the parking lot was located to the rear of the proposed building, there would be room for the required buffers. Rubin replied that maybe in the future he would want to add on to the building. Rubin said that he had not gone to the ajacent property owners to find out if he could buy some more land to make that a 2 fir , acre parcel. pl iign,' 4 " 07`8&1 Eric and Judith Lopes request a variance to. t section J :�:1 of the zoning regulations to allow a rear building lot at property located at 457 Niederwerfer Road, RR zone. Eric Lopes, 457 Niederwerfer Road, stated that his son is being married in the summer and that they would like to build a house on the back property at this address. A 25 ' driveway would have to be constructed along the northern boundary of the property to reach the house site. Lopes submitted a list of the people that live in the surrounding properties . These people do not object to having a house built on the rear of this property. Robert Marigliani, Chairman of the Wildlife Sanctuary Committee, which is a subcommittee of the Conservation Commission, stated that the Committee has no objections to the construction of this house. Frank Niederwerfer, 260 Niederwerfer Road, South Windsor, stated that he is not opposed to the construction of this house. Lopes answered questions from the Board. He is deeding 1 . 5 acres to his son. The parcel contains approximately four acres . The driveway would be approximately 3001 . The driveway will be maintained by him and his son. There is a pond on the parcel with about 3' of water. i. TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS Minutes Page 5 January 5, 1989 i Murrin stated that the problem with this application is that there is not enough frontage for a building lot and the 25 ' driveway. Also the applicant hasn't applied for a variance to section 5 . 2 of the zoning regulations . The application has to be re-written and re- advertised. i Murrin stated that this concluded the public hearing on these § ' applications . A short recess would be held then the applications would be discussed by the Commission and they would act on those that i they could. Application #1893-88 : Paul F. Zdanis It was the concensus of the Commission that the letter of denial reflect the Commission's opinion that the applicant show a definite hardship that would justify the 15, variance. The applicant will be able to re-apply and the Board would consider waiving the ZBA fee. Warren made the motion to deny without prejudice the request for a variance to 5 . 2 of the Zoning Regulations to allow construction of a garage 15 ' into sideyard on property located at 2727 Ellington Road, A-40 zone. The hardship being lack of hardship and apparent existance of alternatives that would make the current 13, adequate. The motion was seconded by Neary. The motion carried and the vote was unanimous . A lication #1904-88 : State of Connecticut "Warren made the motion to approve the request for a variance to 5. 2 the Zoning Regulations to reduce the lot size from 41, 856 sq.ft. Ito 38,328 sq.ft. in conjunction with State Project #132-89, "Reconstruction of Chapel Road" , located on the northerly side of ' Chapel Road, RR zone. Hardship: on the basis of no public Aob`jections and it will serve the public welfare. The motion was seconded by Neary and the vote was as follows: 4-0 with Murrin, j Kk Neary, Warren, Anthony voting for the motion. Murray abstained. ' ' } A lication #1905-88• Mark St On Anthon y made the motion to approve the request for a variance to �asection 5 . 1 .a of the Zoning Regyulations to allow the construction of Aouse on less than 10, 000 sq.ft. of "buildable" area as defined in the regulations on property located on the easterly side of Foster S.treet, RR zone. Hardship: Substantial similiar development and that wetlands have been altered. The motion was seconded by Murray. motion carried and the vote was unanimous . A lication #1906-88 : Dr. Mark Rubin arren made the motion to deny the request for a variance to section S•4 . 2, 4 . 1 and 8 . 3 of the Zoning Regulations to allow 002641 F TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS a Minutes Page 6 January 5 1 g 89 t .� buffer coverage in excess of impervious requirement; variance _;; setback for existing and proposed structures; and 9 ' x 12, parking f Y spaces located on the northerly side of 146 Oakland Road, RR zone. Hardship: Lack of hardship. The motion was seconded by Neary. The ; 3BE motion carried and the vote was 4-1 with Murrin, Warren, Anthony, Neary voting for the motion. Murray opposed the motion. ;OBE Application #1907-88, Eric & Judith Lopes ,, F �otic� ghnrSI Neary made the motion to table Application #1907--88 . The motion wae_ Pall, seconded by Warren. The motion carried and the vote was unanimous. The Commission was concerned about the size of the driveway and pPli whether or not the Town had any standards for driveway widths . garia g,000 Calendar_ of the ZBA meetings for 1989 Appl reque Neary made the motion to accept the dates of January 5, February 2t ;_slri"1 March 2, April 6, May 4, June 1, July 6, September 7, October 5, ill,November 2, December 7, January 4, 1990 . The motion was seconded by �g Anthony. The motion carried and the vote was unanimous . , pEl Appli 4 renev done, R ectfully Submitted Appi' Date pproved requ( Appl: rene, Phyllis M. Mann Recording Secretary Appl vari than APPl Hear vehi Appi :.Nana for APP1 teml APP? tem Gov1 APp: a SOUTH WINDSORq_ 33 t ZONING BOARD OF APPEALS Neeting Page 8 February 2, 1989 b Murray asked if the house could be seen and Gerlt replied noM P because of the density of the woods. Gerlt said that originally they" house was proposed closer to the road. This presented problems for D the septic field because water does not flow up a hill. c Application #1907-f8: Eric & Judith Lopes request a variance I section 3 . 14. 1 of the zoning regulations to allow a rear building r lot at property located at 457 Niederwerfer Road, RR zone. Warren stated that this application was tabled at the last meetin ' 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. 002"G5J SOUTH WINDSOR ZONING BOARD OF APPEALS MeetingPage 10 February 2 1989 u pt APAIICa—' a:on #1907-8� r Eric & Judith Lopes a�th de�ss. Anthony made the motion to approve Application #1907-89 for a tltem". dwelling with a 16 wide driveway. Murray seconded the motion. Trear he motion carried and the vote was unanimous . Other Business : Anthony made a motion for the Recording Secretary to re-issue a Item 1-2 variance to Mr. John F. Coyne, Main Street, South Windsor. The original variance was granted August 1, 1957 and was never filed In the Town Clerk's office. The motion was seconded by Murray. The ' motion carried and the vote was unanimous . Minutes : � g Item'. Anthony made the motion to approve the minutes of December 1, 1989, y Warren seconded the motion. The motion carried and the vote was unanimous . a Anthony made the motion to approve the minutes of January 5, 1989. The motion was seconded by Neary. The motion carried and the vote was unanimous . Item Adjournment: The meeting was adjourned at 10:30 P.M. Item Re-jAectfully submitted ylli's M. Mann Item Dat Ap roved Recording Secretary Item` I t Town of South Windsor General Map N ROAD NAMES Connecticut 465 Neiderfer Road CONDOS 1 = �' Date Printed: October 28,2004 �� 0 0 400 Feet PARCELS 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. .� l hack 1 o hb 3Nn �m ilk l ob 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 '�OsoR.c° TELEPHONE (860) 644-2511 December 10, 2004 CERTIFIED # 70020460000197443890 Robert Michalak & Cydnae M. Lopes 465 Niederwerfer Road South Windsor, CT 06074 RE: Application #2633-04—Robert Michalak& Cydnae M. Lopes, 465 Niederwerfer Road, RR zone To Whom It May Concern: At the meeting of the South Windsor Zoning Board of Appeals held on December 2, 2004, the Board approved with conditions your request for a 30' variance to section 10.2 to allow a proposed garage 20' from the front property line, (50' required) at 465 Niederwerfer Road, RR zone. The Board concluded the hardship to be that the location of the wetlands, the septic system, location for reserve septic system and slopes of the property create difficulty placing the garage in any other location. The Board placed the following condition on this application: A natural screening of evergreens along the garage extending 5' on either side of the foundation must be planted and maintained. . Any new building, or alteration/additions to existing buildings, requires a building permit prior to start of construction. Very truly yours, StephenW-agner, Chairp rson Zoning Board of Appeals SW:dr cc: Building Department t I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on December 2, 2004, the Zoning Board of Appeals granted to: Robert Michalak & Cydnae M. Lopes, a 30' variance to section 10.2 to allow a proposed garage 20' from the front property line (50' required), RR zone Condition: A natural screening of evergreens along the garage extending 5' on either side of the foundation must be planted and maintained. on premises located: 465 Niederwerfer Road and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: Robert A. Michalak & Cydnae Lopes Dated at South Windsor, Connecticut this 9th day of December, 2004. eph n Wagner, Chai person PUBLIC ACT#75-317 Received for Record this day of 2004 at VOLUME PAGE TOWN CLERK j Volume 5N Page No 588 W11763 TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING: KNOW YE; THAT We, ERIC LOPES and JUDITH LOPES, both of the Town of South Windsor, County of Hartford and State of Connecticut for valuable consideration but less than TWO THOUSAND ($2,000.00) DOLLARS, received to 'our full satisfaction of CYDNAE LOPES and ERIC J. LOPES, both of the Town of South Windsor, County of Hartford and State of Connecticut, do remise, release, and forever QUIT CLAIM unto the said CYDNAE LOPES and ERIC J. LOPES and unto the survivor of them, and unto the heirs and assigns of the survivor of them forever, all such right, title, interest, claim and demand whatsoever as they, the said Releasors, have or ought to have in or to a certain piece or parcel of land located in the rear of Niederwerfer Road in the Town of South Windsor, County of Hartford and State of Connecticut being bounded and described as follows: Beginning at a point in the Northerly line of land of Howard A. Hollister et ux which point marks the Southwest corner of land now or formerly of Eric Lopes et ux and the Southeast corner of the land herein conveyed thence running Westerly in a course N 770 01' 40" W a distance of Three Hundred Sixty-one and Sixty- five One-Hundredths (361.65) feet to a point in the Easterly line of land now or . formerly of Walter A. Skinner; thence turning and running Northerly along the Easterly boundary of sand now or formerly of said Walter A. Skinner a distance of One Hundred Ninety -two and Fifty-six One-Hundredths (192.56) feet to an iron pipe set in the Southerly line of land now or formerly of John Pudim, Jr. and Warren Pudim; thence turning and running Easterly along the Southerly line of land now or formerly of said John Pudim, Jr. and Warren Pudim a distance of Three Hundred Forty-six and Fifty One-Hundredths (346.50) feet to a stake in the Westerly line of land now or formerly of said Eric Lopes et ux; thence turning and running Southerly along the Westerly line of land now or formerly of said Eric Lopes et ux a distance of One Hundred Ninety-one and Eight One-Hundredths (191.08) feet to the point or place of beginning. Together with the right and privilege to the Grantees, their heirs and assigns, to pass and repass by foot or by vehicle, over that certain piece or parcel of land situated along the i Northerly side of the remaining land of the Grantors herein and being more particularly bounded and described as follows: PRAMMAMAM - •tnw�av wr uw nreo xi woww CONVEYANCETWECOYM �n ooz sa sow VANDGM ..,,. cow VAIEL -LOCAISNQ, gum w.02M ` TGVV QMQFSOVrH7V_W 0R - November 30, 2004 Robert Michalak 465 Niederwerfer Rd. Town of South Windsor South Windsor, CT. 06074 Zoning Board of Appeals 1540 Sullivan Ave South Windsor, CT 06074 Dear Board Members: Please allow these pictures to illustrate the proposed building location at 465 Niederwerfer Road. As previously indicated, I am requesting a zoning variance to construct a garage 10 feet from my front property line. There are several geographic factors that make other proposed sites difficult, if not impossible on this property. For example, there is a large amount of wetlands, a vernal pool, a stream, a well, septic system, and a reserve area for the septic system. As a result, there is clearly a hardship situation for any construction, thus my variance request. On November 3, 2004, I came before the ZBA to propose my plan. During this meeting, my neighbor Eric Lopes, whose property abuts mine in the front, requested that the proposed garage be pushed further back from the property line. Since the last meeting, Jeff Folger (Environmental Planner/Conservation Officer) has come back to my property to assess the actual location of the wetlands. During this visit, Jeff determined that from a wetlands perspective, the garage could be constructed 30 feet from the property line with a minimal impact to the wetlands. Unfortunately, during Jeff's second visit, I was not present to discuss the property's backwater situation. At least once every year or two, the stream that runs across the property which is fed by the vernal pool is affected by a backwater situation. This is due to the fact that the stream drains under my driveway, which cuts the flow of water. When the backwater occurs, the streams water level rises. If the garage were to be placed 30 feet from the property line as Jeff indicates, the rising stream would certainly pose a risk. I have since discussed this situation with Jeff, and he suggested grading the property or constructing a retaining wall to effectively address this issue. I would not however, be able to do any type of drainage or retaining wall work beyond the limit set by Jeff. As a result, the proposed garage would not fit in the parameters set from the 30 foot mark. Additionally, Jeff said that he cannot comment on the impact of a backwater situation as he has not witnessed its effects. I feel that building 10 feet from the property line with the requested 40 foot variance would provide the best and safest place to construct the garage. Implications to the neighbors would be minimal. I am more than willing to plant a line of evergreen trees between the property line and the garage if there were any aesthetic concerns. Because the garage is set back into the property, it will be virtually unnoticeable from the street. As you will see in the.provided photos, there is 22 feet of unplanted brush in front of the property line before my neighbors grass actually starts. There is also heavy tree cover so the proposed garage would be very inconspicuous to my neighbors to the front. Above all, I feel that building the garage any further than 10 feet from the property line will put the longevity of the structure in jeopardy. The closer in proximity to the wetlands, the greater the chance for problems with water infiltration. Unfortunately, the very wet nature of this property limits my construction options. Thank you very much for your consideration, and I look forward to the meeting on December 2, 2004. Sincerel , G , Robert Michalak " 17 _ 87,08 ►ow 97.06 -18 " .C.COMO'P. 90 ENTER UNE INTERMIT -4T TWMA _.Y....--- 92 WFr A4 94 LP. (FND,) .._..---- 96 ,1 NG 13 W E 303.50 (OM 3051 9� AOaVR"1 n�:�..av 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 tiosOR:CoN� TELEPHONE(860)644-2511 November 30, 2004 Robert Michalak 465 Neiderwerfer Road South Windsor, CT 06074 Re: Site.visit to determine the location of a detached. garage. Dear Mr. Michalak: I made a.site visit to your property on Wednesday, November 24, 2004 to determine the minimum distance allowable from a wetland on the property for the construction of a detached garage. Based on the existing site plan showing the location of field flaggedd wetland boundaries, a garage structure could be located up to 30 feet from the front property boundary. In my estimation,.the location of a structure in this area would result in minimal impact to the wetland resource. If you have any questions, I can be contacted at 860-644-2511 x229. Sincerely, Jeffrey H. Folger, Environmental Planner/Conservation Officer Town of South Windsor Town of South Windsor �� Town Managers Office [� TOWNOFF C�� 1540 Sullivan Avenue OCT } South Windsor, CT. 06074 $ �;4 October 15,2004 ,��;,n„�, n. Re: R010 Barber Hill Rd Garage Construction at 465 Niederwerfer Rd. Dear Property Owner: In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the property abutting yours at RO10 Barber Hill Rd. and is subject to a hearing by the Zoning Board of Appeals. The Application and plans are on file with the South Windsor Planning Department. We are asking the ZBA to grant a variance which allows construction of a garage no greater than 28' x 30' no less than 10 feet from the front property line. Currently there is an 80 foot setback distance. Building the garage 80 feet back from the line would put it in the wetlands. The garage will be one level with one small outdoor light for illumination with a shield directing the light towards the ground. The garage will be tastefully landscaped. If there are any questions as to the placement of the garage,please feel free to contact me at 860-644-5040. 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, il'�L M Robert Michalak&Cydnae pes 465 Niederwerfer Rd. /644-5040 BEN�M ,SEE � 11 E,L. �100.40 / 96 112 110108 106 102 9.8 94 104 110 N o- 11' 192.56'� 114 112 / 102 B L� 110 pUSE 1 �� 4 Cam• ?¢0 � 1 . �' N H B 88 108 % N �• �cb h4h GRA N N 88 43' 540 E 106 p - 30A [HEED 346.50) 'k'77' RIVE `— / c'�4• • pR / 86 104 •�• LIMIT OF 17 WETLANDS 102 .�0 4pl INV. 87.08 A) 100 WF- 2 o� 15 " C.C.M.P. Fnv►�n 98 94 �_12 ",43 �2RJ `3 VERNAL s WF-11 90 POND 1 � CENTER LINE r_1 r lR ,!_,;ANT BITCH -q4 SAS 94 92 , 96 / qg 94 94 �'�- 4 J 7 'FJ1 l$K,�o I.P. s as 22 ,a- w_.J/' PEP` — 1 .55 (FND.) 362.91 (DEED 381.&J) �`� -- WF 96 • E • 5 0'1•0�' 1Si10a 19�•1 WF A8 96 C 58,E 32 i Cj• N• • p,RE P ,33 P 3 K(DEED 305') 94 /- 96 96 cr'r► GRAVEL DRIVEWAY to WELL sas72' 1rw.�� 221.02' (DEED 221.027 �L co ATTACHMENT E y 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 �OsoR.co�` TELEPHONE(860) 644-2511 November 30, 2004 Robert Michalak 465 Neiderwerfer Road South Windsor, CT 06074 Re: Site.visit to determine the location of a detached garage. Dear Mr. Michalak: I made a.site visit to your property on Wednesday, November 24, 2004 to determine the minimum distance allowable from a wetland on the property for the construction of a detached.garage. Based on the-existing site plan showing the location of field flagged wetland boundaries, a"garage structure could be located up to 30 feet from the front -property boundary. In my estimation,.the location of a structure in this area would result in minimal impact to the wetland resource. If you have any questions, I can be contacted at 860-644-2511 x229. Sincerely, Jeffrey H. Folger, Environmental Planner/Conservation Officer Town of South Windsor