HomeMy WebLinkAboutVariance (853) : FRON EMIL W. LUCEK ASSOCIATES PHONE NO. : +203 872 9942 Mar. 09 2001 12:37PM P01
TOWN OF SOUTH WINDSOR Application# ^ .a.49 6-01
APPLICATION FUR Date 3"I q —
ZONING BOA" OF APPEALS Receipt# R��l
IMPORrANT.- 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 13E ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED.
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1. The application and supplements must be filed in duplicate,typed or printed in ink.
2. A Class D or better survey of the properly 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 adiacent 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 teprdesentative 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.
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1. Applicant: UST
2. Mailing Address: Czz T A Syia le Eat'
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3. Telephone#: '- 0 020C1
4. Owner of record of property in question: _1 S L�/�"
5. Location of property in question: Z 9 Z (pc l
Assessor's Map# __ 2�� Parcel # i 2- Zone �y� V e1
C. Is applicant a corporation or co-partnership? (If corporatJon, submit a list of officers. If co-partnership,
submit a.list of owners), 6en, gete �uC=
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FROM `: EMIL W. LUCEK ASSOCIATES PHONE NO. : +203 872 9942 Mar. 09 2001 12:38PM P03
7. Please indicate if the applicant is owner,lessee, or prospective tenant: zP/��e-7" .
S. Check one of the following: .
( ) Request Variance to Section 7 2, of the Zoning Regulations to allow �p
I n1j2e4 c�2cl e 'r,Yren 6
( ) 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. Jf 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... Wla-
11. Is this property within 500 feet of another town line? �D
12. Is this property within the Connecticut Water Aquifer area? Yes o(No 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,
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I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this /711,L-day of /-Cll- Year
Applicant:,
ignature) Thomas J. MuraCo
OWNER: Senior Vice President
(Signature) CUnSTF135flofi
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Approved: Denied:
- Reviecd t 2/04/98
APPLICATION TO ZONING BOARD OF APPEALS
Section II - 13
The development of this property was approved by the South Windsor Planning &
Zoning Commission in 1976. Construction of site was completed between 1976
and 1986. The site is fully built at this time with the exception that the foundation
of Building H never has had a building built upon it. The open foundation has been
used for open storage of boats, motor homes, travel trailers, etc.
In 1976, the town zoning regulations had no impervious area regulations.
Subsequently, the regulations were amended to require limited impervious site
coverage. The requirement today is that the site cannot exceed 65% of impervious
site coverage.
This site has had, since 1987, an impervious area encompassing 91.7% of the site
area (this includes the existing impervious foundation of building H).
It is now the owners desire to complete the previously approved construction of this
site and to install a building on foundation H. This installation will not change the
existing impervious coverage of the site.
Unfortunately, the approval period has lapsed and a new application must be
submitted and approved by the SWPZC.
Since the site does not meet current impervious area regulations, the PZC cannot
approve any further construction unless the ZBA grants a variance to the site to
allow the impervious area to exceed the maximum impervious coverage regulation
now in effect.
The need to request this variance is the result of changes in the zoning regulations
and not the result of any acts or omissions by the owner.
We feel the above truly represents an "exceptional difficulty".
44
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1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
s•co� AREA CODE 860 / 644-2511
April 10, 2001
CERTIFIED #P462498161
Mr. Emil Lucek
63 Ellington Road
Tolland, CT 06084
Re: Appl. #2498-01 —USI Limited Partnership, 282 Chapel Road, I zone
To Whom It May Concern:
At the meeting of the South Windsor Zoning Board of Appeals held on April 5, 2001, the Board approved
your request for a variance to section 10.2 to allow 91% impervious coverage (65% allowed) at 282
Chapel Road, I zone.
The Board concluded the hardship to be that the property has existing buildings and foundation that had
previously been approved by the Building Department.
This decision is subject to 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,
L ar tho , r-
Marjorie, '. Anthony, Chairperson
Zoning Board of Appeals
MA:dr
cc: Building Department
I, Marjorie S. Anthony, Chairperson of the South Windsor Zoning Board of Appeals hereby certify that
on April 5, 2001 the Zoning Board of Appeals granted to: USI Limited Partnership, a variance to
section 10.2 to allow 91% impervious coverage, I zone.
Condition: Approval is subject to site plan approval by the Planning &Zoning Commission.
on premises located: 282 Chapel Road
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: USI Limited Partnership
Dated at South Windsor, Connecticut this 10th day of April, 2001.
S. r
Marjori' S. Anthony, Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2001
at
VOLUME
PAGE
TOWN CLERK
a
` VOL. : . PAGE
SCHEDULE "A"
PARCEL ONE
A certain piece or parcel of land, situated in the Town of South
Windsor, County of Hartford and State of Connecticut, situated on
the northerly side of Chapel Road, bounded and described as
follows:
BEGINNING at a merestone set at the southeasterly corner of the
herein described parcel, and running westerly along a curve with
a radius of 825. 0 feet a distance of 290.89 feet along the
northerly line of Chapel Road to a merestone; thence continuing
along the northerly line of Chapel Road a distance of 46.93 feet
to an iron pin and land now or formerly of John R. Nielsen and
Sons, Inc. ; thence forming an interior angle of 540 38' 20" and
running northerly 648 . 64 feet along said Nielsen land to an iron
pin and land now or formerly of Quinnipiac Corp. ; thence forming
an interior angle of 9910 09' 25" and running easterly 303 . 87 feet
along said Quinnipiac Corp. land and land now or formerly of Dunn
Bros. to a merestone; thence forming an interior angle of 800 50'
35" and running southerly a distance of 546. 35 feet along land
now or formerly of Charles and Walter Jurgelas to a merestone on
the northerly line of Chapel Road, which merestone is the point
and place of beginning.
Being a portion of the land described as "First Parcel" in a
Certificate of Devise from the Estate of Stephanie Helen Jurgelas
to Charles Jurgelas and Walter Jurgelas, recorded in Volume 202
at Page 53 of the South Windsor Land Records.
Together with a drainage easement, which easement is to be
terminated at such time as the drainage from the main parcel is
connected to the storm drainage system of the Town of South
Windsor. Said easement is bounded and described as follows:
Beginning at a merestone at the northeasterly corner of the
previously described parcel, said merestone also being the
northwesterly corner of the herein described easement, and thence
forming an interior angle of 990 09' 25" and running easterly a
distance of 324 .82 feet along land now or formerly of Dunn Bros.
to an iron rod; thence continuing easterly a distance of 59.82
feet along said Dunn Bros. land to an iron rod forming an
interior angle with the last described line of 1800 06' 03";
thence continuing easterly along the same course a distance of
342. 18 feet along other land now or formerly of Quinnipiac Corp.
to a point; thence forming an interior angle of 900 22' 420 and
running southerly 60.70 feet to a point; thence forming an
interior angle of 890 37' 18" and running westerly a distance of
735. 0 feet along land now or formerly of Charles and Walter
Jurgelas to a point on the easterly line of the previously
described parcel; thence forming an interior angle of 800 50' 35"
and running northerly a distance of 60.77 feet along the
previously described parcel to a merestone, which merestone is
the point and place of beginning.
The previously described parcel is shown on a map entitled
"Property of Samuel M. Sisisky, Chapel Road, Suuth Windsor,
Conn. , Scale 1" = 401 , June 28, 1976, Emil W. Lucek Associates,
Consulting Engineers Surveyors, 5 Oakland Road, South Windsor,
Conn. " as "Area 4 .00199 acres" and the easement is shown on said
map as 1160' Temporary Drainage Easement, Depth of Drainage
Retention Pool to be as Required by the Town of South Windsor. "
PARCEL TWO
A certain piece or parcel of land situated in the Town of South
Windsor, County of Hartford and State of Connecticut on the
northerly side of Chapel Road, being more particularly bounded
and described as follows:
z
VOL. PAGE
NORTHEASTERLY: by land now or formerly of Charles Jurgelas
et al, Twenty-Five and Thirty-Two One-
Hundredths (25.32) feet;
SOUTHEASTERLY: by land now or formerly of Charles Jurgelas 4;
et al, Four Hundred Eighty-Three and Twenty- 4
Three One-Hundredths (483 .23) feet; 9
SOUTHWESTERLY: by Chapel Road, Twenty-five and Eighty one
Hundredths (25.80) feet; and
NORTHWESTERLY: by land now or formerly of Samuel M. Sisisky
et al, Four Hundred Eighty-Five and Fifty-
Eight One-Hundredths (485.58) feet.
The southeasterly line is parallel to and twenty-five (25) feet
distant from the northwesterly line of the above-described
premises.
Said premises are also known as 282 Chapel Road, South Windsor,
Connecticut.
SUBJECT TO:
1. Taxes to the Town of South Windsor on the List of October 1,
1993 , one-half paid, and taxes for all subsequent years.
y 2.
An assessment or pending assessment for which a lien or :
liens have not as yet been filed in the South Windsor Town
Clerk's Office.
f
3. Building lines, zoning restrictions, and any and all
provisions of any ordinance, municipal regulation or public j
or private law. !i
I
4. Rights of present tenants, lessees or parties in possession
not shown by the public records.
5. Sewer use charges due the Town of South Windsor hereafter
becoming due and payable.
6. Water use charges due the Metropolitan District Commission
hereafter becoming due and payable.
7. Rights of others over all rights appurtenant to said land
stated in description set forth above
S. Conditions set forth in a Warranty Deed from Charles
Jurgelas to Samuel M. Sisisky and Marilyn E. Sisisky dated
July 20, 1976 and recorded in Volume 212, Page 24 of they
i South Windsor Land Records.
9. Conditions set forth in an Easement Agreement between Jean
Marc Jacques and IMWA Equities VI, L.P. , dated July 11, 1994
and recorded August 3 , 1994 at Volume 805, Page 265 of the
South Windsor Land Records.
Vr
By -SIN,
ASST.TOWN CLERK
• � 6
VOL. 8 10 PAGE 4 c4; 0 00541 ,
WARRANTY DEED
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING:
KNOW YE, That IMWA EQUITIES VI CO. , L.P.
a Limited Partnership, of 1901 East Linden Avenue, Unit 14,
Linden, New Jersey 07036, herein designated as the Grantor,consideration of NINE HUNDRED FOUR THOUAND for the
to the full satisfaction of the Grantor from$USI,LIMITED PARTINERSHIPCeaned
Ohio Limited Partnership located at 6779-A Engle Road, *Middleburg Heights
Ohio 44130, herein designated as the Grantee, does herebyHeights,
bargain, sell and convey to the Grantee, and to its heirs gi
ve,
assigns forever, with warranty covenants, all that certain
or of real property located in the Town of South Windsor, e ce Hartford
and State of Connecticut, more County ofparticularly described on SCHEDULE "A"
.attached hereto and made a part hereof.
TO HAVE AND TO HOLD the premises hereby conveyed, with the
appurtenances thereof, unto the Grantee and unto its successors and assigns
forever to their own proper use and behoof; and the Grantor does for
itself, its successors and assigns covenant with the Grantee and with its
successors and assigns, that the Grantor is well seized of the premises as
a good indefeasible estate in FEE SIMPLE; has good right to grant and
convey the same in manner and form as herein written, and the same are free
from all encumbrances whatsoever, except as set forth on said SCHEDULE "A. "
AND FURTHERMORE, the Grantor does by these presents bind itself and
its successors and assigns forever to WARRANT AND DEFEND the premises
hereby conveyed to the Grantee and to its successors and assigns against
all claims and demands whatsoever, except as herein stated.
1n all references herein tc ar_y parties, Fcrson9; entities or cLrro-retinne; the use
of any particular gender or the plural or singular number is intended to include the
appropriate gender or number as the text of the within instrument may require. )
IN WITNESS WHEREOF, the Grantor has caused these presents to be signed
by its ��� o _ �t�- -P.:.�,.��
this day of August, 1994 .
Signed, Sealed and Delivered IMWA EQUITIES vI CO. , L.P.in the presence of: _
, p p By: international Mini-Warehouse
Associates, L.P. , General
Partner
By: PH Propert Developments J.1
Company, a ral P n`� -�
� Y ti n 1=• .�wc)
By
STATE OF
`--� s s.
COUNTY OF �C�v
The foregoing instrument waacknowle
August, 1994, by �,Ow
b f re me this day of
Development Compan as �Company.
ct and de �of PH Property
the free act and deed of deed as such and
Mota v; Publicy C6i&ission Expire, :
JOANNE P.CAM,PBELL
NOTARY PUBLIC,State of New York
r , A No.4929706
Qualified in Queens Coun
-) -RtCE,
VFD
STATES-L� ?
VOL. cS PAGE 261
SCHEDULE "A"
i
PARCEL ONE
A certain pie or p parcel of land, situated in the Town of South
Windsor, County of Hartford and State of Connecticut, situated on
the northerly side of Chapel Road, bounded and described as
follows:
BEGINNING at a merestone set at the southeasterly corner of the
herein described parcel, and running westerly along a curve with
a radius of 825. 0 feet a distance of 290.89 feet along the
northerly line of Chapel Road to a merestone; thence continuing
along the northerly line of Chapel Road a distance of 46.93 feet
to an iron pin and land now or formerly of John R. Nielsen and
Sons, Inc. ; thence forming an interior angle of 540 38' 2011 and
running northerly 648. 64 feet along said Nielsen land to an iron
pin and land now or formerly of Quinnipiac Corp. ; thence forming
an interior angle of 99° 09' 2511 and running easterly 303 .87 feet
along said Quinnipiac Corp. land and land now or formerly of Dunn
Bros. to a merestone; thence forming an interior angle of 800 50'
3511 and running southerly a distance of 546. 35 feet along land
now or formerly of Charles and Walter Jurgelas to a merestone on
the northerly line of Chapel Road, which merestone is the point
and place of beginning.
Being a portion of the land described as "First Parcel" in a
Certificate of Devise from the Estate of Stephanie Helen Jurgelas
to Charles Jurgelas and Walter Jurgelas, recorded in Volume 202
at Page 53 of the South Windsor Land Records.
Together with a drainage easement, which easement is to be
terminated at such time as the drainage from the main parcel is
connected to the storm drainage system of the Town of South
Windsor. Said easement is bounded and described as follows: ,
Beginning at a merestone at the northeasterly corner of the
•
previously described parcel, said merestone also being the
northwesterly corner of the herein described easement, and thence
forming an interior angle of 990 09F 25t1 and running easterly a
distance of 324 .82 feet along land now or formerly of Dunn Bros.
to an iron rod; thence continuing easterly a distance of 59.82
feet along said Dunn Bros. land to an iron rod forming an
interior angle with the last described line of 1800 06' 03";
thence continuing easterly along the same course a distance of
342 . 18 feet along other land now or formerly of Quinnipiac Corp.
to a point; thence forming an interior angle of 900 22' 4211 and
running southerly 60.70 feet to a point; thence forming an
interior angle of 890 37' 1811 and running westerly a distance of
735. 0 feet along land now or formerly of Charles and Walter
Jurgelas to a point on the easterly line of the previously
described parcel; thence forming an interior angle of 800 50' 3511
and running northerly a distance of 60.77 feet along the
previously described parcel to a merestone, which merestone is
the point and place of beginning.
The previously described parcel is shown on a map entitled
"Property of Samuel M. Sisisky, Chapel Road, South Windsor,
Conn. , Scale 111 = 401 , June 28, 1976, Emil W. Lucek Associates,
Consulting Engineers. Surveyors, 5 Oakland Road, South Windsor,
Conn. " as "Area 4 . 00199 acres" and the easement is shown on said
map as 1160' Temporary Drainage Easement, Depth of Drainage
Retention Pool to be as Required by the Town of South Windsor. "
PARCEL TWO
A certain piece or parcel of land situated in the Town of South
Windsor, County of Hartford and State of Connecticut on the
northerly side of Chapel Road, being more particularly bounded
and described as follows:
Z
_ d
VOL. PAGE
NORTHEASTERLY: by land now or formerly of Charles Jurgelas
et al, Twenty-Five and Thirty-Two one-
Hundredths (25. 32) feet;
c
SOUTHEASTERLY: by land now or formerly of Charles Jurgelas
et al, Four Hundred Eighty-Three and Twenty- l
Three One-Hundredths (483 .23) feet; l;
SOUTHWESTERLY: by Chapel Road, Twenty-five and Eighty One-
Hundredths (25.80) feet; and
NORTHWESTERLY: by land now or formerly of Samuel M. Sisisky
et al, Four Hundred Eighty-Five and Fifty- l`
Eight One-Hundredths (485.58) feet.
The southeasterly line is parallel to and twenty-five (25) feet
distant from the northwesterly line of the above-described
premises. p,
Said premises are also known as 282 Chapel Road, South Windsor,
Connecticut.
SUBJECT TO:
1. Taxes to the Town of South Windsor on the. List of October 1, `
1993 , one-half paid, and taxes for all subsequent years.
2. Any assessment or pending assessment for which a lien or
liens have not as yet been filed in the South Windsor Town
Clerk's Office.
3 . Building lines, zoning restrictions, and any and all
provisions of any ordinance, municipal regulation or public }
or private law.
4. Rights of present tenants, lessees or parties in possession
not shown by the public records.
l
5. Sewer use charges due the Town of South Windsor hereafter
becoming due and payable.
i
6. Water use charges due the Metropolitan District Commission
hereafter becoming due and payable.
7. Rights of others over all rights appurtenant to said land
stated in description set forth above
8. Conditions set forth in a Warranty Deed from Charles
Jurgelas to Samuel M. Sisisky and Marilyn E. Sisisky dated
July 20, 1976 and recorded in Volume 212, Page 24 of the
South Windsor Land Records.
9. Conditions set forth in an Easement Agreement between Jean
Marc Jacques and IMWA Equities VI, L.P. , dated July 11, 1994
and recorded August 3, 1994 at Volume 805, Page 265 of the
South. Windsor Land Records.
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_�_- _
ASST.TOWN CLERK