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Home My WebLink AboutVariance (834) t TOWN OF SOUTH WINDSOR Application# APPLICATIONFOR Date ZONING BOARD OFAPPEALS Receipt# q 6`7 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. • 'Ihe applicant,or a representative must be present for the public hearing. The time,date and place of the hearing will be advised.bymail. • 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 infonmation as necessary for a fair determination of the issues. Incomplete applications may be denied. I. Applicant: 2. Mailing Address: 3. Telephone#: 4. Owner of record of property in question: 5. Location of property e . uestion: r P in q . Assessor's Map# Parcel# Zone 6. Is applicant a corporation o�artner hi ? (If co ration, submits 1' t of offi . If co-partnership, submit a list of owners). �' 7. Please indicate if the applicant ` owner, ssee, or prospective tenant: 8. Check one of the following: ( ) Request Variance to Sectio �}��_�� a Zoning Regulations to allow ( ) State hearing under Section of the General Statutes for ( ) An appeal from the Zoning Officer's decision involving A/0 9. Is this a request for a sign variance? If yes, complete and submit the sign checklist information. 10. If application is for a vAMf to Section 3.12,are there any liquor outlets within the restricted area, (500 feet)? YES or 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? 12. Is this property within the Connecticut Water Aquifer area? Yes No f yes,application must be filed wi an th the Connecticut Water Company b the applicant. P Y Y cant. P P 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 I hereby declare that the data&information.contained herein is accurate to the best of my knowledge. Dated this / day of Year 017 Applicant: / (Signa e) OWNER: (Signature) Approved: Denied: r Revised 12/04/98 i Volume 440 Page N° 533 4260 _ - MARSHAL'S DEED WHEREAS, by a Judgment of Foreclosure by Sale rendered on November 21, 1989, by the United States District Court for the District of Connecticut at Hartford, Conneotiout, in a civil notion entitled UN'►TfD SS T 4 Off' AME A va, E. MIDLINN.. ET„AL, docket number H-85-377(MJB), brought by complaint dated MAY 1, 1985 claiming a foreclosure of a mortgage on premises located at 2019 John Fitch Boulevard, in the Town of South Windsor, County of Hartford, and State Of Connecticut, I, Pasquale A, Mangini, United States Marshal for the District of Connecticut, was duly appointee and 5 directed to gall said premises and convey sale to the purohnser, and WHEREAS, I, Pasquale A, Mangini, through my Deputy, Paul Winterhalder, have sold said premises in all respects pursuant to said Judgment to J, to Shepard Company, Inc• for the gum of ONE HUNDRED SEVENTY FIVE THOUSAND AND NO/100 e 0175,000.00) DOLLARS, and WIIERRAS, no objections to said axle have been filed with the Clerk, United States District Court for the District of Connecticut within fifteen (15) days from the date of $ale, l NOW KNOW YE, THAT I, PASQUALE A, MANOINI, United States Marshal for the District of Conneotiout, in pursuance of the authority and direction given me as aforesaid, and in "No ConM&rloe Tax collected "No Cor?veyance Tax collected , `^ IN . ` Cl ork`o S Tom';,Clork of South Windsor Town olt dim i. � i Volume 440 Page No. 534 ` l: -2- ,. consideration of the sum aforesaid received to my-full �a satisfaction of said J. E. Shepard Company, Ina., do hereby bargain, sell, tranafer and convey unto the said J. E. Shepard Company, Inc. and unto his its suooeaora and assigns forever, all : the land and buildings aforesaid, more particularly described in ¢ Exhibit A, attached hereto. I 4 TO HAVE AND TO HOLD the above granted and bargained premises, - - f with the-appurtenances thereof, unto its successors and assigns } forever, to its and their own proper use and behoof. i CfI'f , And also, I,. the said PASQUALE A. MANGINI, United States Marshal for the District of Connecticut, as above stated do hereby v jj! covenant with the said Grantee, and its assigns, that I have full power and authority as aforesaid to grant and convey the premises � + described in Exhibit A, attached hereto, in manner and form aforesaid. - ' Said premises are conveyed to the Grantee herein free-and I I clear of the mortgage being foreclosed, and of all claims rf ') subsequent in right thereto, the holders of which are bound by - ! this action. ti Said premises are conveyed subject to any taxes which may be k due for municipal property, water, Beyer, or fire taxes, use ?' charges or assessments) and any lire, water, sower or utility { district taxes which may be due. 1- Said premises are conveyed further subject to building lines 1 +� and zoning regulations of the Town of South Windsor and any and all provisions of any public or private law. „ G 3 Volume 440 Page NO, 535 3 j IN WITNESS WHEREOF, I have hereunto set my hand and seals subject to the approval of .the United States District } Court, this day of 1986- MANGININ t s nit States Marshal ttmaas STATE OF CONNECTICUT) . f ) on: New Haven, Connecticut COUNTY OF NEW HAVEN ) � 1 On this f S� day of 1986 personally appeared PASQUALE A. MANOINI, signer and sealer of the foregoing instrument, and acknowledged the.,same to be his free act and deed before me. i I I 4 Volume 440 Page N° 536 Y Two certain pieces or parcels of land situated in the Town of South Windsor, County of Hartford and State of Connecticut, known ?t as No. 2019 John Fitch Boulevard (also known an U. S. Route No. S) and being more particularly bounded and described as follows, FTRST PIEM Beginning at a concrete Highway Department monument located at the northeasterly corner of land now or formerly of Anthony Shetensky, at a ; thence running westerly along the northerly line of land now or formerl of Anthony Shetensky, at a1, 83.18 feet to a merestone; thence running -,northwesterly along the northeasterly line of land now or formerly northeasterly along land now or formerly of George A. of George A. Bancroft at al, 271.52 feet to a fence post; thence runnin Bancroft at al, ? `` 67.0 feet to an iron pin; thence running northwesterly along the northeasterly line of land of George A. Bancroft at al, 460.0 feet to - ONiron pin; thence running northeasterly along land now or formerly of George A. Bancroft at at, 170.0 feat to an iron pin; thence running 3 southeasterly along the southwesterly line of land now or formerly of Ovila Coguen at al and Wesley Formeister, partly by each, in all, 881.I feet to a marostone located in the westerly line of John Fitch Boulevard (also known as U. S. Route No. S) thence running southerly along the westerly line of John Fitch Boulevard (also known as U. S. E' Route No. 5) 99 feet to the point or place of beginning. aeCOND PYGCF.a Beginning at ao iron pin located 107.S7 feet northerly of a concrete Higl'way Department monument located in the northeasterly cornea of land now or formerly of Anthony Shetensky at al; which iron pin is r Located in the westerly line of John Fitch Boulevard (also known as U. S. Route No. 5); thence running northwesterly along land now or formerly of GvLla Coguen at at and Westley ForneLater, part:,: G, aach, in all; 878.52 feet to A point located in the northwesterly corner' of the piece heroin described and the northwesterly corner of the second )'Lace descrtb_d above; thence running southeasterly along the second ! )"uce deseribed above, 881.18 Lest to A point in the westerly line of John Fitch Boulevard (also known as U. S. Route No. 5) thence running{ northerly along the westerly line of John Fitch Boulevard (also known ! as U. S. Route No. 5), 4.57 feet to the point or place of beginning I i (said parcel is triangular in shape.) Said premises are subject to buiidinq, building line and coning restrictions as of record may appear. I a Said pe^mUes are further subjeCE to taxes on the List of ' January 1, L973 and January 1, 1970 to the Town of South Windsor. Said promises are further subject to a water main caveat to the Town of South Windsor dated Novanber 16. 1960 and recorded at Volume 80, Page 3b6 at the South Windsor Land Records. Said promises era further subject to a mortgnge in favor of r Society for Savings in the original principal amount of $60,000.00 dated February 11, 1972 and recorded at Volume 117, Page 106 of the South Windsor Land Records. Said premises aro further subject to a Collateral Assignment r`of Levu and Rentals dated February 14, L972 and recorded at Volume � a" 1/7, Paqe i1S of the South Windsor Land Records. : t 01 for kecord JUL 8 1986 at�_M. Attest �11e�,s,�Qe�,,tr3.t v.^a:a� 4 i - Y w '- T- HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. O. BOX 415 EAST WINDSOR HILL, CONN. 06028 August 111h, 2005 Mr. Kirk Forrester 2011 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner: Reference: 2019 John Fitch Blvd, South Windsor, Ct. 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 2011 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, ext. 253. ' Sincerely Yours ,, - tr ✓,f; � Jean E. Shepard III Postage CJ Certified Fee30 ryry President d Return Receipt Fee �' Post at. J.E. Shepard Company (Endorsement Required) Here Restricted Delivery Fee 860-289-1507 (Endorsement Required) a Total Postage&Fees Lr) O Sent To r- _----•------_�_---- or PO Box No. C :eo e Tht To. HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. O. BOX 415 EAST WINDSOR HILL, CONN. 06028 August 1 tt", 2005 Mr. George Bancroft 1985 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner: Reference: 2019 John Fitch Blvd, South Windsor, Ct. 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 1985 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, ext. 253. IT' ® p Q cereTy Yours d USE _ r Postage $ , J7 eitJll l'. i d Certified Fee Jean E. Shepard III�, d D 11 C1 Return Receipt Fee Posteriark President (Endorsement Required) / �� Here . J.E. She and Com an a- Restricted Delivery Fee p p y m (Endorsement Required) 860-289-1507 � Total Postage&Fees Ln M Sent To M --- � • � Street,Apt.No.; -PO Box No. 5 �P City,State, +4 � p :11 /1 HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. O. BOX 415 EAST WINDSOR HILL, CONN. 06028 August 11 tn, 2005 Ms. Carol Dodson 2035 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner: Reference: 2019 John Fitch Blvd, South Windsor, Ct. 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 2035 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, ext. 253. Postal c'erely Yours, j--' r'' CERTIFIED MAILN1 RECEIPT O (Domestic Mail Only; f`. n t11 ca :�• age Jean E. Shepard III Certified Fee $ 37 AUU1 o �� President C3 Postm C] Return Receipt Fee Here J.E. Shepard Company (Endorsement ivery Required) Restricted Delivery Fee 860-289-1507 m (Endorsement Required) o Total Postage&Fees is t.r1 C3 Sent To{�� [ - Street,Apt.No.; i • or PO Box No ' city R PS'Form :rr June 2002 v�� t•J4 C4 ��4r ��4 HOME OF CONNECTICUT BROADLEAF TOBACCO GROWER AND PACKER P. O. BOX 415 EAST WINDSOR HILL, CONN. 06028 August 111h, 2005 Mr. Brian Kowakzyk 2039 John Fitch Blvd. South Windsor, Ct 06074 Dear Property Owner! Reference: 2019 John Fitch Blvd, South Windsor, Ct. 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 2039 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, ext. 253. _ - - rely Yours,-- _. -01 CERTIFIED MAIL. RECEIPT En (Domestic Mail only, k \' coC Jean E. Shepard III Postage $ AUK President d Certified Fee 0 Postm�YR J.E. Shepard Company O Retum Receip4 Fee Here (Endorsement Required) 860-289-1507 d Restricted Delivery Fee Q' (Endorsement Required) M d Total Postage&Fees $ r t.t-1 IO Sent To O -------------- Sfreet Apt. or PO Box No. Sl 0 X X 22.2 / 55.6 • J x o2.5 x x 260.8 z X54.2 / • 22.6 POOL X El & 4 0. c.e cr , ` • 160 0 0.8 22.6 • X / 49.9 C w .18 Town of South Windsor General Map N Connecticut CONDOS 2019 John Fitch Boulevard PARCELS ,4 ®R . Date Printed: August 22,2005 0 200 Feet ROAD NAMES party 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. mu 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. OCT 06 2005 15:39 FR NUWAY TOBACCO CO 8602918705 TO 6447280 P.01i01 THE J . E . SHEPARD CO . October 6,2005 FACsIMI E TO: PLANNING DEPT ATTN: MICHELE FAX: (860) 644-7280 FROM: Jr11N E S.HEPARD TIl SUBJECT: ZBA MEETING J. E. Shepard Company has no objections to a delay of 35 days regarding our hearing, PAGES- 1 200 5113,1,1VAN A\'I•:.NI_Ilf, • SOUTH WIND80R, CT • 06074 ItEWT: P.O. BOX 415 • f?As'r WINI)SOR ((11.1., CT , 06028 PHONI?: (860) 289-64.14 X;-245 • FAX; (860) 291-8705 ** TOTAL PAGE.01 ** LEGAL SERVICES REQUEST FORM NAME: Michele Lipe DEPARTMENT: Planning DATE OF REQUEST: 9/12/05 REQUESTED DUE DATE: 10/6/05 APPROVED BY DEPARTMENT HEAD OR CHAIRPERSON: TYPE OF SERVICE REQUESTED: (Check Appropriate Box) ® Legal Opinion ❑ Review Contract or Other Document ❑ Litigation (Specify Document Below) ❑ Attend Meeting ❑ Prepare Contract or Other Document ❑ Other (Specify Document Below) (Specify Below) QUESTION TO BE ANSWERED OR SPECIFIC SERVICE REQUESTED: See attached application. The ZBA has requested a legal opinion related to Appl 2656-05, The J.E. Shepard Co. request for a variance to create a two family residence. Should this be considered a non-conforming use? Would it be considered a confiscation of the property if the varaince is not granted? Would it be more appropriate for a Temporary and Conditional permit approval by the PZC? FACTS: (Overview of Facts Surrounding Question Presented or Service Requested) DATE DATE RECEIVED: COMPLETED: ,OWN SC4 F 0Psotz,A � y 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 S R.0 AREA CODE 860/644-2511 November 14, 2005 CERTIFIED #70020460000197444408 The J.E. Shepard Co., Attn: Kip Shepard 200 Sullivan Avenue South Windsor, CT 06074 RE. Application #2656-05—The J.E. Shepard Co., 2019 John Fitch Boulevard, l zone Dear Mr. Shepard: At the meeting of the South Windsor Zoning Board of Appeals held on November 3, 2005, the Board denied your request for a variance to section 6.1.2.6 to allow a two-family house in an Industrial zone at property located at 2019 John Fitch Boulevard. The reason for denial was as follows: 1. No hardship demonstrated. 2. No evidence presented of a nonconforming use on the property. Very truly yours, tephen Wagner, Chairp rson Zoning Board of Appeals SW:dr cc: Building Department