HomeMy WebLinkAboutVariance (824) TOWN OF SOUTH WINDSOR Application#
APPLICATIONFOR Date
ZONING BOARD OF APPEALS Receipt# 9(o J
IMPORTANT. This application must be submitted to the PI
anning.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
71Applicant: A&S Boats, Inc.
2. Mailing Address: 735 John Fitch Boulevard
South WIndsor, CT 06074
3. Telephone#: 860 528 8682
4. Owner of record of property in question: Alfonso J. & Shirley L. Passeri
5. Location of property in question: 735 John Fitch Boulevard
Assessor's Map# 46 Parcel# 27 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). Corporation Mark Passeri, President
7. Please indicate if the applicant is owner, lessee, or prospective tenant: Lessee
8. Check one of the following:
(X) Request Variance to Section 1 0.2 of the Zoning Regulations to allow
building coverage of 36. 3% where 30% is maximum allowed, existing
impervious coverage of 99+ where 65� is maximum allowed
(X) State hearing under Section 1 4-5r of the General Statutes for „GPd mar r3Pa l er 1 i m_enme
( ) 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? No
12. Is this property within the Connecticut Water Aquifer area? Yes or No. If yes, application must be filed
with the Connecticut Water Company by the applicant.
13: If requesting a variance statd clearly the unusual hardship br exceptional difficulty on the property that
prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if
necessary.
see attached sheet
I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this 12 day of May Year 2005
Applicant: fov.�
(Signature)
OWNER:
(Signature)
Approved: C% , Denied:
Revised 12/04/98
Attachment for ZBA Application
A& S Boats, Inc.
735 John Fitch Boulevard
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.
The size of the existing building is requiring some service work to be performed out
side making employee relations tenuous at best. It has been determined that the
previously approved, in June of 2002, 1600 sq. ft. addition, would quickly have
become grossly inadequate. We have since been able to secure a property line change
if ZBA approves this project,to facilitate a larger 2916 sq. ft. addition. This property
line change would also clean up a rather jagged property line that had caused some
disputes about line location previously. The existing site currently is covered by
building, pavement, and gravel surface. Attaching this addition to the existing
building allows direct access to the parts department and the service manager's office.
s4 qlM •!,
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Town ap s,ou W
1540 SULLIVAN AVENUE SOUTH WINDSOR, CT 06074
so2•Co�� TELEPHONE(860) 644-2511
July 22,2002
CERTIFIED#70020510000081152222
A& S Boats,Inc.
735 John Fitch Boulevard
South Windsor, CT 06074
Re: Appl.#2550-02—A& S Boats,Inc., 735 John Fitch Boulevard,GC zone
To Whom It May Concern:
At the meeting of the South Windsor Zoning Board of Appeals held on July 11,2002,the Board approved
with conditions your request for two variances to section 10.2: 1)to allow building coverage of 34.1%;
and 2)to allow existing impervious coverage of 99+/-%at 735 John Fitch Boulevard, GC zone.
The Board concluded the hardship on the property to be that the existing area is presently impervious
coverage.
The following conditions were placed on this application:
1. Percentage of bituminous pavement can not be expanded beyond what is currently existing on
site. That percentage must be calculated and placed on the plans.
2. Approval is conditioned upon site plan approval by the Planning&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,
Robert Warren, Chairman
Zoning Board of Appeals
RW:dr
cc: Building Department
i 44 ss
F
A: ATS
DO
735 Route 5, South Windsor, CT 06074
(860) 528-8682
www.ASboats.com
May 11,2005
Mr. Mark Passeri
729 John Fitch Blvd., LLC
729 John Fitch Blvd.,
South Windsor, CT 06074
RE: Variance Plan, A&S Boats, 735 John Fitch Blvd., South Windsor CT 06074
Alfonso J. Passeri
Dear Mark:
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 John
Fitch Blvd., and is subject to a hearing by the Zoning Board of Appeals. The application
and plans are on file with the South Windsor Planning Department.
All members of the public are invited to the hearing to ask questions and/or give
comments. You may also submit written comments regarding the application prior to the
hearing if you so desire. For further information regarding the specific date this
application will be heard please contact the Planning Department, 644-2511, etc. 253.
Sincerely
Mark Passeri
A&S Boats,
735 John Fitch Blvd.,
South Windsor, CT 06074
(860) 528 8682
SILVER & ILVER LLP O o
Attorneys at Law
One Liberty Square
Daniel A.Silver New Britain,Connecticut 06051 Brian M.Silver*
Daniel@lawsilver.com Brian@lawsilver.com
Tel.(860)225-3518 'ALSO ADMITTED IN PA
Abraham S.Silver Fax(860)348-0612
(1940-1977)
March 29, 2005
Peter M. Appleton, Esq.
Appleton & Appleton, LLC
100 Pearl Street, Ste. 1210
Hartford, CT 06103-4511
Re: Property Agreement John Fitch Boulevard / A & S Boats, Inc.
Dear Peter:
Pursuant to our telephone conversation, I am enclosing a copy of a proposed
resubdivision map together with a legal description of the two (2)small parcels. As you can
see from the map, my client will be seeking to deed Parcel A and Parcel B to the 735 John
Fitch Boulevard property. This would allow sufficient side yard to permit the construction of
the proposed addition to A& S Boats. According to our engineer,the remaining property at
729 John Fitch Boulevard would continue to be a conforming use under the South Windsor
Zoning Regulations.
As I indicated to you, the purpose of this letter is to seek approval from your client
for a mortgage modification, as the legal description of the resubdivided piece would be
different from that which is found in the existing mortgage deed. If your client is in
agreement with this request, A & S Boats will move forward with the resubdivision process
with the South Windsor Planning &.Zoning Commission.
Very truly yours,
Daniel A. Silver
DAS:as
enc.
cc: Mark Passed
DPI Project No. 04-2059
A&S Boats, 735 John Fitch Blvd.
Parcel A Legal Description:
Map Reference: "Zoning Location Map, Dependent Resurvey prepared for A&S Boats, 735 John
Fitch Blvd, South Windsor, Connecticut; Drawing No. 2059; Scale 1"=20'; Sheet 1 of 1;
Dated 03-21-05; Revised 03-24-05; prepared by Design Professionals, Inc.
Conveyance of 0.02+/- acre parcel from 729 John Fitch Boulevard, LLC to A&S Boats, in the
Town of South Windsor, the County of Hartford, in the State of Connecticut. Being more
particularly described as follows:
Beginning at a point, said point being the southwest corner of the property now or formerly of
A&S Boats, and in the northerly line of lands now or formerly of 729 John Fitch Boulevard,
LLC.
Thence:
S 62°-18'-00"E, along property now or formerly of A&S Boats, a distance of 89.01 feet to a
point.
Thence:
S 80°-00'-00"E, along property now or formerly of A&S Boats, a distance of 39.11 feet to a
point.
Thence:
N 86°-12'-11" W, along property now or formerly of 729 John Fitch Boulevard, LLC, a distance
of 65.13 feet to a point.
Thence:
N 62°-18'-00"W, along property now or formerly of 729 John Fitch Boulevard, LLC, a distance
of 66.72 feet to a point.
Thence:
N 270-42'-00" E, along property now or formerly of 729 John Fitch Boulevard, LLC, a distance
of 14.50 feet to a point, said point being the point and place of beginning.
Conveyance contains 1,266 square feet or 0.02 acres.
Parcel B Legal Description:
Map Reference: "Zoning Location Map,Dependent Resurvey prepared for A&S Boats, 735 John
Fitch Blvd, South Windsor, Connecticut;Drawing No. 2059; Scale 1"=20% Sheet 1 of l;
Dated 03-21-05; Revised 03-24-05; prepared by Design Professionals, Inc.
Conveyance of 0.01 +/- acre parcel from 729 John Fitch Boulevard, LLC to A&S Boats, in the
Town of South Windsor, the County of Hartford, in the State of Connecticut. Being more
particularly described as follows:
Beginning at a point, said point being the southeast corner of the property now or formerly of
A&S Boats, and in the westerly highway line of US Route 5.
Thence:
N 86°-54'-59" W, along property now or formerly of 729 John Fitch Boulevard, LLC, a distance
of 59.28 feet to a point.
Thence:
N 36°-40'-00" E, along property now or formerly of A&S Boats, a distance of 25.00 feet to a
point.
Thence:
S 62'-18'-00"E, along property now or formerly of A&S Boats, a distance of 50.00 feet to a
point. Said point being the point and place of beginning.
Conveyance contains 617 square feet or 0.01 acres.
lit
s
rol. 964 PAGE 145
STATUTORY FORM WIT CLAIM DEED 004625
KNOW YE,THAT WE,ALFONSO J. PASSER[and SHIRLEY L.PASSER[,both of 194
Brentmoor Road,East Hartford,Connecticut,for no consideration,grant to ALFONSO J.
1 PASSER[,TRUSTEE,OR HIS SUCCESSOR IN TRUST,UNDER THE ALFONSO J.
PASSER[INTERVIVOS TRUST DATED SEPTEMBER 12,1997 and SHIRLEY I—
PASSER[.TRUSTEE,OR HER SUCCESSOR IN TRUST,UNDER THE SHIRLEY L,PASSERI INTERVIVOS TRUST DATED SEPTEMBER 12,1997,both of 194 Brentmoor Road,
East Hanford,Connecticut,with QUIT-CLAIM COVENANTS,that certain piece or parcel of land,
with the buildings and improvements thereon,situated in the Town Of South Windsor,County of
;'. Hanford and State of Connecticut,known as 735 John Fitch Boulevard,and designated as Lot No.2
! on a map or plan entitled,"'PLOT PLAN"Subdivision for Alvin R. Goodin 711-729-753 John Fitch
Blvd.-South Windsor Connecticut Scale: I"-40'Sept.21,1978 James E. Sheehy L.S.7034%which
map or plan is now on file in the Town Clerk's Office in said Town of South Windsor,reference to -�
which is hereby made for a more particular description. If
Said premises are bounded and described as follows:
Commencing at a point in the general Westerly line of John Fitch Boulevard,which point
' marks the Southeast corner of the premises herein descried and the Northeast comer of land know and
designated as Lot No.3,as shown on said map or plan;the line runs thence 62"18'00"West along
said Lot No.3,a distance of fifty(50.00)feet to a point;the line runs thence South 36'40'00"West
along said Lot No.3 a distance of twenty-five(25.00)feet to a point;the line runs thence North 80•
00'00"West along said Lot No.3,a distance of thirty-nine and eleven one-hundredths(39.11)feet to
a point;the line runs thence North 62. 18'00"West along said Lot No.3,a distance of eighty-nine
and one-one-hundredths(89.01)feet to a point;the line runs thence North 27.42'00'East along
land known and designated as Parcel"A",as shown on said map or plan,a distance of one hundred
seventy-one and forty-two one-hundredths(171.42)feet to a point;the line runs thence South 62' IS'
00"East along land marked"Reserved for Future Street",as shown on said map or plan,a distance of
one hundred fifty-five and sixteen one-hundredths(155.16)feet to a point;the line runs thence by an
arc of a curve to the right,having a radius of twenty-five(25.00)feet,a distance of thirty-nine and
twenty-seven one-hundredths(39.27)feet to a point on the Westerly line of John Fitch Boulevard;the
line runs thence South 27"42'00"West,a distance of one hundred nine and eighty-four one-
hundredths(109.84)feet to the point and place of beginning.
Being the same premises described in a warranty deed dated January 5,1984 and record
359 at Page 69 of the South Windsor Land Records. CONVEY^.NCE T.���C R $1C
Signed this 12'day of September,1997 -TAT1
Witnessed by.
/•� / / •r,CLERK OF SOUTH WINOSOR
J M. Higgirl ,Jr. ALFONSO J. PASSER
Rachael F. Pedro �PASSERISHIRL L.
STATE OF CONNECTICUT ) ~
COUNTY OF HARTFORD )ss. Manchester September 12,1997 '
Personally appeared ALFONSO J. PASSERI and SHIRLEY PASSERI,signers of the
foregoing instrument,and acknowledged the same to be their free act d deed,before me.
i' l
Jarat*M. Higgitt ,Jr
Commissioner of Superior Court
Grantees'Mailing Address: ,
194 Brentmoor Road
East Hartford,CT 0611 8
RECEIVED FOR,RECORD»Q 7
AT I l '• a5 a
RECORDED IN�lrt)f R7lQ1SOR'�t
LMD RECORDS iO( 9t"q NXtial
BY Tom am n-
10%N a
<R
-own O-P Soadl
S h
1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
N°soR:co,� TELEPHONE(860)644-2511
June 10, 2005
CERTIFIED# 70020460000197444156
A& S Boats, Inc.
735 John Fitch Boulevard
South Windsor, CT 06074
RE. Application #2643-05—A & S Boats, Inc., 735 John Fitch Boulevard, GC
zone
To Whom It May Concern:
At the meeting of the South Windsor Zoning Board of Appeals held on June 2, 2005,
the Board approved your request with conditions for two variances to section 10.2: 1)
to allow building coverage of 36.3% (30% allowed); and 2) impervious coverage of 99%
+/- (65% impervious coverage allowed) at 735 John Fitch Boulevard, GC zone-
The Board placed the following conditions on this request:
1. Combined development of lot#1 and 2 can not exceed maximum building
& impervious coverage allowed in the zone.
2. Transfer of land must occur prior to variance taking effect.
The site is subject to Planning & Zoning Commission site plan approval prior to any new
construction or sale of cars.
The Board also approved with conditions you request for a State Hearing under section
14-55 of the General Statutes and Section 3.13 of the zoning regulations to allow a
used car dealers license, (which includes a general repairers license), at 735 John Fitch
Boulevard, GC zone.
The Board placed the following conditions on this request:
1. No more than two vehciles to be stored outside for sale at any time.
2. Motorcycles and/or automobiles being offered for sale must be within the
enclosed fenced area.
3. No vehicles are to be left outside that are under repair or in disrepair.
i
A & S Boats, Inc.
June 9, 2005
Page 2
These actions of the Board are effective upon your filing the enclosed form in the Town
Clerk's Office at your own expense.
Very truly yours,
Thomas Berstene, Vice Chairperson
Zoning Board of Appeals
TB:dr
cc: Building Department
I, Thomas Berstene, Vice Chairman of the South Windsor Zoning Board of Appeals hereby
certify that on June 2, 2005, the Zoning Board of Appeals granted to: A& S Boars, Inc., two
variances to section 10.2: 1)to allow building coverage of 36.3% (30% allowed); and 2)
impervious coverage of 99% +/- (65% impervious coverage allowed) GC zone.
Conditions: 1) Combined development of lot#1 and 2 can not exceed maximum building &
impervious coverage allowed in the zone; and 2) Transfer of land must occur prior to
variance taking effect.
on premises located: 735 John Fitch Boulevard
and more particularly bounded and described as follows:
SEE ATRACHED
OWNER OF RECORD: Alfonso J. & Shirley L. Passed
Dated at South Windsor, Connecticut this 10th day of June, 2005.
Thomas Berstene, Vice Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2005
at
VOLUME
PAGE
TOWN CLERK
- ram. .__..__-_-.. _ .. ..._ ... .. ...v.�- . • •�,..q ���r�// i.
roe. 964 PAGE 145
STATLITORV i nRllt O[tiT t^I/►txt nrFb
KNOW, 00405
'E,THAT WE,ALFONSO J. PASSERI and SHIRLEY L PASSERI,both of 194
'= Brentmoor Road.East Hartford,Connecticut,for no consideration,grunt to ALFONSO J.
[= PASSER(.TRUSTEE.OR HIS SUCCESSOR IN TRUST,UNDER THE ALFONSO J.
!y PASSER(INTERVIVOS TRUST DATED SEPTElt1BER 12,1997 and SHIRLEY L
PASSERI.TRUSTEE.OR HER SUCCESSOR IN TRUST,UNDER THE SHIRLEY L
µ PASSERI IATERVIVOS TRUST DATED SEPTEMBER 12,1997,both of 194 Brentmoor Road.
East Hartford,Connecticut,with QUIT-CI,A1(11 COVENAI\TS,that certain piece or parcel of lan
+ with the buildings and improvements thereon,situated in the Town of South Windsor,Court of
Hartford and State of Connecticut,known as 735 John Fitch Boulevard,and desi County
t: on a trap or plan entitled,""PLOT PLAN.Subdivision for Alvin R gnated as Lot No.2
Blvd.-South Windsor Connecticut Scale:l" 40'Sept 21,1978 Jams E Sheehy L9-753 4oh which
• map or plan is now on file in the Town Clerk's Otfice in said Town of So which is hereby nude for a more particular description uth Win dw.reference to
Said premises are bounded and described as follows:
Commencing at a point in the general Westerly line of John Fitch Boulevard,which point
' marks the Southeast comer of the premises herein descried and the Ngrtheast corner of nand know and
designated as Lot No.3,as shown on said map or plan;the line runs thence 62.1 V 00"West along
said Lot No.3,a distance of filly(50.00)feet to a point;the line tuns thence South 36.40.00"West
along said Lot No.3 a distance of twenty-five(25.00)feet to a point;the line runs thence Noah so*
00'00"West along said Lot No.3,a distance of thirty-nine and eleven one-hundredths(39.11)feet to
a point;the line tuns thence Notch 62.18'00"West along said Lot en 3,a distance of eightyoe et
and one-one-hundredths(89,01)feet to a point;the line runs thence North 27.tan e42'0(o East along
land known and designated as Parcel"A».as shown on said map or seventy-one and forty-two one-hundredths(171.42)feet to a in Pin,a distance of one hundred
00"East along land marked"Reserved for Future Street" as shown th said Mae line p pence South 62' 18'
one hundred fifty-five and sixteen one-hundredths(155.16)feet to a p plank a distance of
lint ru
arc of a curve to the right,having a radius of twenty-five(25.00)teed
n distance of china thence by an
twelItyseven one-hundredths(39.27)feet to a point on the Westerly line of Joh Fitch Boulevard;the
e and
line runs thence South 27'42'00"West a distance of one hundred nine and eighty-four one-
hundredths(109.84)feet to the point and place of beginning.
_— Being the same premises described in a warranty deed dated January S,1984 and
359 at Page 69 of the South Windsor Land Records, cArt �ttce e
Signed this 12"day of September.1997 -Ulf Witnessed by. T
�f
�,..__.✓
a cURK of south wuvosoR
J M. Higgi Jr. --1
^A.VVDMV J. PASSERI
Rachael F. Pedro ck.
SHIRL �LPASSEW
STATE OF CONNECTICUT )
COUNTY OF HARTFORD as. Manchester September 12.1"? r
Personally appeared ALFONSO J. PASSERI and SHIRLEY PASSERI,si
foregoing instrument,and acknowledged the same to be their fr gnets of the
ee act d
before me.
11, I
Jarats 1�1. Higgt Jr
Grantees'Mailing Address: Commissioner of Superior Court
194 Brentmoor Road
East Hanford,CT 06118
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Town of South Windsor N
Connecticut General Map CONDOS
Islrx 735 John Fitch Boulevard
0 PARCELS
Date Printed: May 27,2005
0 200 Feet ROAD NAMES
Property boundaries are derived from the Town of South Windsor Tax Assessor maps,digitized at a scale of 1 inch=100 feet,and include the same data limitations and disclaimer as the Assessors maps.
All other data portrayed is representation only and,due to inherent mapping limitations,should be used as a guide only. The intent of this map is to present a graphical representation of property boundarie
and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001.