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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. C 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. _ y. I.vi a �r{i�L..r .er�'r}d`gyp. ;t r. .N ...I: ...:-. _ ...�-Id-i�'.4Fad s1 .k... ,r( 7{�f �, 7 t.-a.:`�.:y..'" � 1. Applicant: UST 2. Mailing Address: Czz T A Syia le Eat' Ila i�o 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= a 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, R ' • •. .:• .<,: . . .. .,: ... . : .•• .rry,.,.YY -''.6f• a"','•ta,' .;.;! ,i:!Sta;' a;:,;s.;,Y�p;y::;.r;;:;;.;::;,;"'..,, .. •cf�"..... ... o \,•�:.•e:.<:::i, $ c•:,':•:.,:.,-x `al... ....!..s h`!3r!n,;r.,M•:y;!•,I':,•.,k„r.,...,. 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 w ...:r. t.:rr':..-. ..r.:....:..... ,r;• , .. .. . ,. vs., •�..nva• 'rx ,,,,•r�:.,.\.:s...h r.'ie§•h,i':.;; .Yrr.,•'is;;�,; , • .. .... . ,.. :............... ......... ; .:•.�?.:.r.N1. .�,. ..nr^, Y(;�fl yss 'r ..-.I.v v�...r,::.• .�.. !'.Ys .•..:4. Y1.,o,a,a ....n.e. ..,s•' 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 0 w ; I� V/ �� �• C 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. _fit:;:p• !�i� ? i't�=„-.,`•a _.�...�_. _l_..,,...__� ju _�_- _ ASST.TOWN CLERK