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TOWN OFSOUTH WINDSOR Application
APPLICATION FOR Date
ZONINGBOARD OFAPPEALS 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.
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. I ,
• e applicant,or a representative must be present for the public hearing. The time,date and place of the
wring will be advised by mail.
4 Inquiries on this application maybe directed to the PIarururg 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 nec essa for a fair dete m�uzatio
denied � n of the issues. Incomplete applications maybe
1. Applicant:.
7 �C)ICL-C,10
2. Mailing Address:
3. Telephone#: JF60 7-)
4. Owner of record of property in question: 1 .5 e ��t 6"Ll �� O
r
5. Location of property in question:
Assessor's Map# Parcel# Zone DR-2-
6. Is applicant a corporation or co-partnership? (If corporation,submit a list of officers. If co-partnership,
submit a list of owners).
• 7. Please indicate if the applicant is owner, lessee, or prospective tenant:
8. Check one of the following:
( Request Variance to Section q.��Je�of the Zoning Regulations to allow
lZ
ihQ
( ) 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. A(t�
10. If application is for a variance to Section 3.12,are there any liquor outlets within the restricted area,
(500 feet)? YES oro 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? At O
12. Is this property within the Connecticut Water Aquifer area? Yes or To 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. ` -n
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I hereby declare that the data&information.contained herein is accurate to the best of my knowledge.
Dated this :30 day of ate a Year_9,0o .
Applicant:
(Si ature)
OWNER:
(Signature)
Approved: Denied:
r:
Revised 12/04/98
Peachbrooke
of South Windsor
June 8, 2005 3 Q r `�
To Whom It May Concern:
Plans for a new deck built at min the Peachbrooke subdivision of South Windsor have
been approved by the Peachbrooke Board of Directors. The new deck will replace the existing
8'x10'structure on the back(east-facing) side of the house and will be approximately 350 square
feet.
The submitted plans are in accordance will the association's bylaws.
Sincerely,
Peachbrooke Board of Directors/Property Managers
June 30, 2006
CERTIFIED MAIL
Dear Property Owner:
Re: Rowena deck variance request
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 42 Daisy Lane and
is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file
with the South Windsor Planning Department.
All members of the public are invited to the hearing to ask questions and/or give comments.
You may also submit written comments regarding the application prior to the hearing if you so
desire. For further information regarding the specific date this application will be heard please
contact the Planning Department, 644-2511, ext. 253.
Si er ly,
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Town of South Windsor General Map N CONDOS
Connecticut
0 PARCELS
•��o�� Date Printed: July 1,ZooS ,- � ROAD NAMES
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.
17
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�; •. �° 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
�OSoe.co TELEPHONE(860) 644-2511
July 21, 2005
CERTIFIED#70020460000197444279
Town of South Windsor
Attn: Fred Shaw
1540 Sullivan Avenue
South Windsor, CT 06074
RE. Application #2652-05— Town of South Windsor, 1492 John Fitch Boulevard, I zone
Dear Mr. Shaw:
At the meeting of the South Windsor Zoning Board of Appeals held on July 7, 2005, the Board
approved your request for a 31'variance to section 10.2 for pump station improvements to
allow a structure 4'from the front property line, at 1492 John Fitch Boulevard, I zone.
The Board concluded the hardship on the property to be as follows:
1. The size and dimension of the property creates difficulty upgrading or making
any improvements to the pump station.
2. There is existing piping underground, which dictates the area for the structure
to cover.
3. This is a necessary municipal use.
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,
Stephe6 Wagner, Chairperson
Zoning Board of Appeals
SW:dr
cc: Building Department
I, Stephen Wagner, Chairman of the South.Windsor Zoning Board of Appeals hereby certify
that on July 7, 2005, the Zoning Board of Appeals granted to: The Town of South Windsor, a
31' variance to section 10.2 for pump station improvements to allow a structure 4' from the
front property line, I zone.
on premises located: 1492 John Fitch Boulevard
and more particularly bounded and described as follows:
BEGIN141140 at a point in the northwesterly property
line of the Trustees, said point being distant
49.5 feet northwesterly of and approximately
•opposite.stattion 1239 t:6.5..ot said center line
of lodati6n;..
Thence northeasterly 46-feet more or ]o.sal to•a po9:nt
distant 39.5 feet northwesterly of and
approximately opposite station 1239 ' 36 of said
center line of location;
Thence again northeasterly, in a lino parallel with
and distant 39.5 feet northwesterly of and
measured at right angles from said center line
of location, 570 feet more or less to a point in
the northeasterly end of sald*Parcel 2, said
point being approximately.opposite station 1233
t 68 of said center line of location;
Containing 12,340 square-feet more or less.
OWNER OF RECORD: Town of South Windsor
Dated at South Windsor, Connecticut this 21 st day of July, 2005.
Ct� c�Y
ephen Wagner, Chai person
PUBLIC ACT#75-317
Received for Record this day of 2005
at
VOLUME
PAGE
TOWN CLERK
'(�wN 8f7
9 �
�0� O-P S-0� ?d&U&Ot
•. 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
oe-ca TELEPHONE (860) 644-2511
July 21, 2005
CERTIFIED#70020460000197444262
W. James & Christine Kupchunos
1 Christine Lane
South Windsor, CT 06074
RE. Application #2651-05—W. James & Christine Kupchunos, 1 Christine Lane,AA-30
zone
Dear Mr. & Mrs. Kupchunos:
At the meeting of the South Windsor Zoning Board of Appeals held on July 7, 2005, the Board
approved your request with conditions for a 24'variance to section 10.2 to allow a shed to be
26'from the front property line, at 1 Christine Lane, AA-30 zone.
The Board concluded the hardship to be as follows:
1.. The setback line is larger because this is a corner lot.
2. In the southeast corner of the property there is an easement on both sides of the
property along with a catch basin. This creates a very wet situation in that area.
3. The two suitable corners within the proper setbacks to place the shed have drainage
issues.
The Board placed the following conditions on this application: A vegetative screening must be
maintained along the street in order to conceal the shed from the street.
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,
�dr
ephe6 Wagner, Chairpe son
Zoning Board of Appeals
SW:dr
cc: Building Department
I, Stephen Wagner, Chairman of the South Windsor Zoning Board of Appeals hereby certify
that on July 7, 2005, the Zoning Board of Appeals granted to: W. James & Christine
Kupchunos, a 24' variance to section 10.2 to allow a shed to be 26' from the front property
line, AA-30 zone.
Condition: A vegetative screening must be maintained along the street in order to conceal
the shed from the street.
on premises located: 1 Christine Lane
and more particularly bounded and described as follows:
Said premises are more particularly bounded and described as follows, all as shown on said map:
NORTHERLY: By Berle Road, 155 feet; j
EASTERLY: By Lot No. 16,by land now or formerly of Lawrence Decker,
et al, 192.29 feet;
SOUTHERLY: By Lot No. 9 on Section II Sheet No. 3 of 6 of said map,by
land now or formerly of Carlo G. Prestileo, 170 feet;
WESTERLY: By Christine Lane, 177.29 feet; and
NORTHWESTERLY: By an arc connecting the easterly line of Christine Lane with
the southerly line of Berle Road,23.56 feet.
OWNER OF RECORD: James & Christine K. Kupchunos
Dated at South.Windsor, Connecticut this 21 st day of July, 2005.
r
epheA Wagner, Chairp rson
PUBLIC ACT#75-317
Received for Record this day of 2005
at
VOLUME
PAGE
TOWN CLERK
r
VARUNCE PROPOSAL
for the
Zoning Board of Appeals
Town of South Windsor, Connecticut
July 7, 2005
as requested by
Wesley and Rowena Sedlacek
42 Daisy Lane
Timeline
Initial SW Town Hall visit for building permit;Sedlaceks fill out the paperwork,
Tuesday June 7,2005 present the plans,pay the fee;SW requests measurements for the distance between
the east side of the house and retaining wall before approval can be granted.
2nd SW Town Hall visit;Sedlaceks provide the retaining wall measurements—the
Wednesday June 8,2005 proposed deck is determined to be within a safe distance from the wall.
Building permit is granted.
Monday June 13,2005 Materials are ordered.
Saturday June 25,2005 Existing deck is removed.
Monday June 27,2005 Six(6)holes are dug for the concrete piers;first inspection is requested from SW.
Tuesday June 28,2005 AM:Holes are inspected and passed by John Flannery.
PM:Concrete is poured.
Wednesday June 29,2005 Sedlaceks receive a call from Joy O'Connor saying the deck should not be built
due to setback limitations. Sedlaceks suspend all construction.
Thursday June 30,2005 Third SW Town Hall visit;Sedlaceks request clarification on building permit
process and reasons for revoking the permit. SW puts the variance request onto
the July 7th Zoning Board of Appeals agenda.
Claim 1: The denial of the building variance for the deck would cause a finical hardship.
In the current state,we have two, 10-inch diameter concrete footings which have been pored in the area outside of
our building line. In the event that a variance is not granted,these piers will need to be destroyed and removed,
and the lawn will need to be replaced in this area. A price of$500 has been quoted for this task.
Further,upon receipt of the building permit,our carpenter ordered all of the lumber necessary for the deck and had
it delivered at our premises. In the event that a variance is not granted,a large portion of this lumber can not be
used and will be a lost cost to Rowena and Wesley. This portion of the lumber is approximately$700.
Third,new plans would need to be drafted and re-submitted to the town incurring both the drafting costs and the
submittal costs.
Claim 2: Northern Direction is only buildable direction for deck expansion.
The pre-existing(now demolished)deck was an 8x 10 deck off of the back(East)side of our house. This deck as
extremely small and could only comfortably hold a Bar-B-Que grill and 2 adults. The rear of our house is the nic-
est view overlooking the trees and stream. In order to expand our usability we decided to increase the size of our
deck.
The back of our house is Eastern facing. Just 15 feet off the back of our house is a retaining wall with a very steep
hill descending to the stream. A deck can not be extended more then 10 feet in this direction without bordering the
retaining wall and having the concrete piers in close proximity to the steep grade.
The southern direction of our house has several terraced landscape steps which would make concrete footings very
difficult to manage.
Further,due to the proximity and height of the trees on the eastern side,the sun only shines on the east face of our
house for a few hours a day. However,the northern side of the house is illuminated for many more hours each
day.
For these reasons Rowena and Wesley designed a deck with extended in the Northern direction,extending 10 feet
north of the house.
However,the northern direction is the dimension which crosses the building line. Therefore,if a variance is de-
nied,our deck is limited in the North,East and Southern directions,leaving no option but to return to a small deck.
Claim 3: The Northern extending area of the deck is low impact.
Our unit,42,is a corner end unit,meaning it is the most Northern and eastern unit in Peachbrook. There is no
other construction North of our house. There is the 40-foot setback from our property line and then a 25-foot
buffer area to the Peachbrook property line. The proposed deck,including the portion that extends past the build-
ing line,is not encroaching onto any one else's land. In fact,the deck is not visible from either of the homes of our
two immediate Peachbrook neighbors,and is completely non-visible by Peachbrook's neighbors(Church,Police
Station,Plumb Ridge). Also,the deck is not visible by any public roads or by the private roads within Peachbrook.
Conclusion
Wesley and Rowena Sedlacek followed every rule and process in building a new deck in full
compliance with South Windsor Building Code. Our decision to build a new deck was not
made lightly. Due to the cost of lumber and labor, a new deck is a serious financial undertak-
ing. We had to financially plan for this deck for two years. We also created our deck proposal
very carefully to maximize the beauty of our surroundings while being respectful to Peachbrook
and our neighbors.
Now, due to an error in the South Windsor building/planning/zoning department(s)not only is
our ideal deck in jeopardy, we stand to loose a large sum of money in wasted lumber and labor
as well as labor to undue work that has already proceeded.
We appreciate that South Windsor takes zoning laws very seriously to protect every resident's
right to their land and to protect homeowners from ambitious builders, developers and
neighbors. However, in this case we feel that the magnitude of our violation is so modest and
that the alternative is so unnecessarily unfair that a variance should be granted.
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TOWN of SOUTH WINDSOR, CONN. X(ptF
No. 31767 y� INJ "� & BUILDING PERMIT
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� ..� _ : � ��•� Est. Cost: 5500
Date: 06/10/2005 .�`'x; Fee: 90
y r T x xy CO Fee: 10
A\ION
Name: ROWENA S I)
t:f' _ :. e x. •0 z �Y a�LANE
Address: 42 DAISY E�.'.' tom: ne EiC WESLEY E JA & RO
SOUTH W ND R� ., 07 �y�,A TE
W-INI?SPR, CT 06074
d aay�
DEC :..10;X3� sx` w :o e
All work Op }$-e`" o y...a. h �. ication
PC
and pl a_ o el, ng spa, ment
uildingfOfficial
THE FEE ABOVE INCLUDES A $.16 PER THOUSAND STATE EDUCATION SURCHARGE
TOWN O SOUTH WINDSOR
BUILDING DEPARTMENT
UR REP SENTATIVE CALLED TO MAKE
THE FOLLOWING INSPECTION
MEN P� 'Cj-_r', 6 `L- \
DATE °5 TIME A.M.
_
Respectfully Yours,
John F.Flannery
644-2511 =.231
CODE OFFICIAL
Retaining Wall
Terraced Steps
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To Whom It May Concern:
As a Peachbrooke Association neighbor of Wesley and Rowena Sedlacek, I have no
objection to the construction of a deck at their property on 42 Daisy Lane. I understand
that the deck is ten(10) feet over the forty (40) foot setback required by the Town of
South Windsor. However, I do not see it as a nuisance as it does not obstruct my view of
the open space surrounding our lots.
I hope you will take my comments into consideration.
Sincerely,
Name: �G�A�
Address:33 �G iS
Phone:
Zoning Board of Appeals
Town of South Windsor
1540 Sullivan Avenue
South Windsor, CT 06074
July 7, 2005
To Whom It May Concern:
As a Peachbrooke Association neighbor of Wesley and Rowena Sedlacek, I have no
objection to the construction of a deck at their property on 42 Daisy Lane. I understand
that the deck is ten (10) feet over the forty (40) foot setback required by the Town of
South Windsor. However, I do not see it as a nuisance as it does not obstruct my view of
the open space surrounding our lots.
I hope you will take my comments into consideration.
Sincerely,
Name:
Address:
Phone:
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NOTES: 0- pge—W.
1. REFERENCE IS MADE TO THE FOLLOWING MAPS:
PEACHBROOKE, ZONE DISTRICT DRZ, APPLICANT BROM BUILDERS, INC., 207 WEST TOWN
ST.. NORWICH, CONNECTICUT, (TELEPHONE: (203) 889-7106) PROPERTY OF NORMAN P.
PRIEST, SULLIVAN ANVENUE - CONN. ROUTE 194, SOUTH WINDSOR, CONNECTICUT, DATE:
MARCH 13, 1991, REVISED THRU 3»/0-12SCALE: (AS SHOWN), SHEETS 1 THRU 15 OF 15,
PREPARED BY DAVID L. STEIN, LS., CERTIFIED BY DAVID L. STEIN, LS AND THOMAS
STEVENS, PE & I.S.
I HEREBY THATPLOT PLAN LEGEND CORRECT. DTt ISARE MAP AND SUIRVEY WEREMAP ISUPREPAREDLIN REVISED
ACCORDANCE WITH THE STANDARDS OF A CLASS A•2
LOT # @A-5-P -I>U I PROP. CONTOUR SURVEY AS DEFINED IN THE "RECOMMENDED STANDARDS s JZD 1-7Z.
EXIST. CONTOUR FOR SURVEYS AND MAPS IN THE STATE OF CONNECTICUT"
PROP. ELEVATION AS PREPARED AND ADOPTED BY THE CONNECTICUT ASSOC.
P E A C H B R O O K E 00.0 EXIST. ELEVATIO ND SU Y C., ON SEPTEMBER 13 1984
---S—• 6" SANITARY --�._ 15124
PREPARED FOR ---W-- WATER LINE -- ---. -- -
-—F—— 4" FOOTING DRAIN 1 11) L. SI'EI .S 15461 VDAT
BROM BUILDERS INC.
207 West Town St. Norwich CT DAVID 1,. s'rG1N, 1.nNn SURVEYOR
889-7106 I,J). BOX 1097, WESTBROOK, Ct - 399-5269