HomeMy WebLinkAboutVariance (854) ; TOWY OF SOUTH WINDSOR Application# A 5p1- ci
APPLICATION FOR Date
ZONING BOARD OF APPEALS 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.
• 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 may be directed to the Planning Department at the South Wmdsor 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.
1. Appli : Clifford R. _and Jeanette D. Gerich
i
2. Mailing Address: 223 Brookfield Street
South Windsor, CT 06074
3. Telephone#: 646-9025
4. Owner of record of property in question: same
5. Location of property in question: 1451 Ellington Road
Assessor's Map# 50 Parcel# 2 Zone RR
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: owner
8. "Check one of the following:
(X) Request Variance to Section 10.2 of the Zoning Regulations to allow a lot with less than
the F?rarn 3 i rani d i man si ona 1 r -i i ramr�n+c• area(�,5771 aq f ya ri n ) � froni-a= (1ft•
variance) ; lot de th(33 ft.variance) and lot coverage (435 sq.ft. or 1.63% variance) .
( ) 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. 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. yes
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.
See separate sheet.
I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this 22nd day of_March Year 2001
Applicant: 22Q,,rn a A,—, -T.,�� b t
(Si ature)
OWNER:
(Signature)
Approved: � Denied:
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Revised 12/04/98
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VOL. a �'+ PAGE i a
STATUTORY FORM WARRANTY DEED
3122
KNOW YE,THAT
I,ELIZABETH J.GERICH,of the Town of South Windsor,County of Hartford and State
of Connecticut for NO CONSIDERATION.PAID grant to CLIFFORD RALPH GERICH
and JEANETTE D.GERICH,both of the Town of South Windsor,County of Hartford
and State of Connecticut,AS JOINT TENANTS with WARRANTY COVENANTS:
All that certain piece or parcel of land with all improvements thereon,known as 1451
Ellington Road,and situated on the southerly side of Ellington Road,in the Town of
South Windsor,County of Hartford and State of Connecticut,and being more
particularly bounded and described in SCHEDULE A attached hereto and made a part
hereof.
Being the same premises conveyed to Elizabeth J.Gerich and Olin R.Gerich by Quit-
Claim Deed of Olin R.Gerich,dated March 14, 1995,and recorded in Volume 835 at
Page 248 of the South Windsor Land Records. Reference is further made to a Probate
Tax Certificate for Land Records for the Estate of Olin R.Gerich,dated January 10,
2001,as of record appears.
Together with a drainage easement and right to drain(hereinafter"Drainage
Easement")in favor of 1451 Ellington Road in,through,on and over a certain piece or
parcel of land shown as"DRAINAGE EASEMENT&RIGHT TO DRAIN IN FAVOR OF
1451 ELLINGTON RD."over a portion of 1457 Ellington Road,and shown on a map
entitled,"RESURVEY PREPARED FOR:Clifford R.&Jeanette D.Gerich 1451
Ellington Road SOUTH WINDSOR,CONNECTICUT SHEET 1/1 PROPERTY SURVEY
DESIGN:GBS DRAWN:SGB CHECKED:RPM JOB NO.: 1340 DATE: 11-16-00
DRAWING NO.:F:/JOBS/1340/2340 PP.DWG design professionals,inc.civil engineers
.planners.surveyors 165 south satellite road,south Windsor,Connecticut 06074(860)
291-8755 GRAPHIC SCALE 1 inch=40 ft.",which map is on file in the Office of the
Town Clerk of South Windsor for further reference. Said Drainage Easement shall be
subject to the following conditions:
1. The Grantee shall have the right to enter upon the land of the Grantor and
to pass and repass over the same to drain,construct,use,repair,replace and protect
the drainage facilities and appurtenances thereto,including the right within said
easement area to cut trees and bushes,disturb the soil and ground cover,and perform
other work necessary for the Drainage Easement. Any damage to the land of the
Grantor caused by the Grantee will be corrected,and the land will be restored as nearly
as possible to its original condition.
2. The Grantor reserves to herself,her heirs,successors and assigns,the
right to continue to use the land within which the Drainage Easement is granted for any
re with the use of the Grantees,their heirs,
purpose which shall not in any way interfe
successors and assigns.
CONVEYANCE TAX RECEIVED
FA)0C%E".MG. h.c.I.a a.Mwu•komEjub WfMM"M'aDr.ftE M`"F° STATES LOCALS No.X
TOWN CLERK OF SOUTH WINDSOR
11
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PAGE U�.
3. The Drainage Easement shall run with the land and be binding upon the
heirs,successors and assigns of the Grantor and Grantee.
Reserving unto the Grantor herein,her heirs,successors and assigns,a
driveway easement("Easement")over the premises herein conveyed for access to
other land of the Grantor herein known as 1457 Ellington Road,South Windsor,
Connecticut. The Easement is shown as"ACCESS EASEMENT IN FAVOR OF N/F
OLIN R.&ELIZABETH GERICH"on a map or plan entitled,"RESURVEY PREPARED
FOR:Clifford R.&Jeanette D.Gerich 1451 Ellington Road SOUTH WINDSOR,
CONNECTICUT SHEET 1/1 PROPERTY SURVEY DESIGN:GBS DRAWN:SGB
CHECKED:RPM JOB NO.: 1340 DATE: 11-16-00 DRAWING NO.:
F:/JOBS/1340PP.DWG design professionals,inc.civil engineers.planners.surveyors
165 south satellite road,south windsor,connecticut 06074(860)291-8755 GRAPHIC
SCALE 1 inch=40 ft.". The Easement shall be to pass and repass by foot or by
vehicle and for the installation of all utilities to service 1457 Ellington Road,South
Windsor,Connecticut. The Easement shall be subject to the following conditions:
1. The Grantor and the Grantee shall be equally responsible for
maintenance of the driveway. Maintenance shall include,but not be limited to,snow
and ice removal,patching,resurfacing,and ultimately replacing the driveway. All costs
shall be bome equally. The aforementioned costs shall only affect that portion of the
driveway commencing on Ellington Road and continuing to the point where the
driveway divides. At that point,each party shall be responsible for all costs of
maintaining the portion of the driveway that services only!heir respective property.
X 2. In the event damage to the driveway occurs as a result of either parry,
their guests or invitees,using such driveway,the owner of the lot at whose invitation
such guest or invitee was using the driveway,shall be responsible solely for the repair
of such damage.
3. No vehicle may be parked within such driveway easement nor may such I
driveway easement be obstructed in any manner. Each party when using the driveway
shall do so as expeditiously as possible and with the least possible interference to the
other party.
v4. Each owner shall pay their proportionate share of the expense,upkeep,
and maintenance as set forth in Item 2 above to the owner actually expending the funds j
) therefore within thirty(30)days after being presented with the appropriate evidence of
({Y such expenditure. In the event payment is not made as aforesaid,the owner expending
such sums shall be entitled to interest at the rate of twelve(12%)percent on such
money,and may bring an action to recover all such sums due thereunder,and the
prevailing party shall be entitled to all reasonable attorney's fees and other costs of
collection.
5. Each party shall be responsible for insuring their own interest in the
driveway Easement.
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March 22, 2001
Narrative Statement
Variance Application
Clifford and Jeanette Gerich
1451 Ellington Road
My wife and I own 1451 Ellington Road, a lot which was created on December 19, 1952,
when the then-owner, Elizabeth Heritage, split her property into two lots (now known as 1451
and 1457 Ellington Road). Just prior to the sale, an A-2 boundary survey was prepared by
Hayden Griswold, portraying the two lots, both of which contained a dwelling. The subject lot
was then sold to Walter Dodd in 1956, where he resided. There have been subsequent owners
since then, with no change to the lot configuration. At some point, prior to 1975, the house was
razed.
We do not own any land contiguous to this lot. Our only abutters are my mother,
Elizabeth Gerich, and Town open space.
Last year, I engaged a builder to design a new residence for my family, along with Design
Professionals, Inc., who performed boundary, topographic and wetlands surveys, as well as the
enclosed building permit plot plan. This team was assembled after I had been told that the lot,
non-conforming to the current RR zone requirements, was buildable and did not require a
variance or other special approval, i.e., it was a building lot.
When I applied for my building permit earlier this month, Town staff said the lot might not
constitute a "lot of record", despite last year's assurances. Town staff have advised us to clear
this matter up with a variance application; hence this request.
Our hardships or particular circumstances include:
1.) This lot has been a building lot, and for many years contained a dwelling.
2.) This lot has been conveyed numerous times, under the watchful eye of numerous parties
(seller, buyer, attorneys, lenders, etc.).
3.) This lot has retained its original configuration.
4.) Based on an oral (unwritten) representation by a Town staff member, the applicant engaged
the services of a builder to design a new residence, an engineering firm to do a building permit
plot plan (enclosed), along with an A-2 boundary, topographic, and wetlands surveys, and a soil
scientist (who confirmed the absence of wetlands on or near the subject lot). A building permit
was applied for.
5.) The proposed house meets all zoning setback requirements.
6.) We have no ability to increase the frontage, lot depth, or lot area (Town owns on two sides for
open space, and my mother's house and lot abuts on the other side).
7.) When created, this lot may have conformed to zoning (research on this matter is
inconclusive).
8.) A variance, if granted, is peculiar to this lot and only to this lot, and will not undermine the
integrity of the zoning regulations.
9.) There are numerous non-conforming lots in South Windsor.
10.) No abutters will be harmed by these variances, nor by construction of the home.
11.) Taxes have been paid on this lot since its inception.
Jeanette and I appreciate your consideration of this request, for we and our builder are
anxious to commence construction, which has been delayed due to this recent development.
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March 25, 2001 1355 Ellington Rd.
South Windsor, CT
Town of South Windsor, CT
To Whom it may concern:
1, Diane Fromerth, of 1355 Ellington Rd. have no objections to the proposed construction
by Clifford Gerich at 1451 Ellington Rd.
Diane Fromerth
1355 Ellington Rd.
South Windsor, CT 06074
April 03, 2001
Philip &Christine Cassettari
1483 Ellington Road
South Windsor, Ct 06074
To whom it may concern,
As adjoining property owners, please be advised that we have no objections to the
Gerich's proposed plans for construction on property located at #1451 Ellington road.
Please feel free to contact us about any other questions or concerns. (860) 648-0340
Sincerely,
Philip & Christine Cassettari
Elizabeth J. Gerich
1457 Ellington Road
South Win ,-CT-fM74
(860)644-0030
April 2, 2t 1
Town of South Windsor
Zoning Board-of-Appeals,
South Windsor, CT 06074
Dear Sir:
I, Elizabeth J. Gerich, have lived at 1457 Ellington Road, South Windsor for over
45 years. , -S4nce 19601--have-paid-preper#y-tajc-on-a-bukfing lot known-as 1451
Ellington Load, South Windsor, CT. Within the past three (3) months I have
transferre�a"roperty"-sw and dat ter-in4aw,-C+ifford-R.-and 4eenette
D. Gerich for the building of a new home.
It has beep-nYt understaneling-and ef my,alete isbendf-OWR. Gerich-that-we
would be allowed to build on the lot known as 1451 Ellington Road. This was
our purpo7in-purchasing this properAy-fiver-40-years-ago.
It is my wish that my children, Clifford R. and Jeanette D. Gerich be allowed to
build a home-on-the propefty-hat-hasAxien-in--our#a -for so manyyears. I-am
asking that you please consider and allow this variance as we have made every
conceiva le -to comply Mh-tewn regalatier �s aesoribed to Cti#ford and
Jeanette vear ago by the Town of South Windsor's building department.
Very trulyyour$,
Elizabeth J. Gerich
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March 27,2001
Zoning Board of Appeals
South Windsor Town Hall
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Board Members,
We are writing this letter to express our opinion regarding a zoning variance
for Cliff and Jeanette Gerich. We are neighbors at 3 Pierce Road and have
met with Cliff Gerich to review his site and building plans for a single family
home at 1451 Ellington Road. We are not in opposition to the Gerich's
obtaining a variance for their project and would support any decision to
approve it.
Sincere ,
Mark and Christine Smith
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6 . G 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
soe•co AREA CODE 860 / 644-2511
April 10, 2001
CERTIFIED #P462498162
Mr. & Mrs. Clifford Gerich
223 Brookfield Street
South Windsor, CT 06074
Re: Appl. #2501-01 —Clifford R. and Jeanette D. Gerich, 1451 Ellington Road, RR zone
Dear Mr. DeMallie:
At the meeting of the South Windsor Zoning Board of Appeals held on April 5, 2001, the Board approved
your request for four variances to section 10.2 for the following: 1) lot area of 26,429 sq. ft. (40,000
square feet required) ; 2) 40' 'lot frontage (175' 'required); 3) 167' 'lot depth (200' required); and 4)
11.63% lot coverage (10% allowed) at 1451 Ellington Road, RR zone.
The Board concluded the hardship to be that this is a pre-existing lot that has had a building and has been
under ownership for 40 years.
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,
Marjor S. Anthony, Chairperson
Zoning Board of Appeals
MA:dr
cc: Building Department
Design Professionals
I, Marjorie Anthony,Chairperson of the South Windsor Zoning Board of Appeals hereby certify that
on April 5, 2001 the Zoning Board of Appeals granted to: Clifford R. and Jeanette D. Gerich, four
variances to section 10.2 for the following: 1) lot area of 26,429 sq. ft. (40,000 sq. ft. required); 2)40'
lot frontage(175' required); 3) 167' lot depth(200' required); and 4) 11.63% lot coverage (10%
allowed) RR zone.
on premises located: 1451 Ellington Road
and more particularly bounded and described as follows:
all that certain piece or parcel of land with
all improvements thereon, situated on the southerly side of Ellington
Road in said Town of South Windsor, and bounded and described as
follows, to wit:
Beginning at a point in the southerly line of Ellington Road,
formerly known as Connecticut State Highway No. 15, which point is
40.15 feet easterly from a Connecticut Highway Department bound as
measured along the southerly side of Ellington Road, and is also the
westerly corner of premises, now or formerly of William F. and Jane H
Patterson; thence running in a southerly direction 138.84 feet to a
point; thence running southwesterly at an interior angle of 1320 451
with the last described line 101.45 feet to land, now or formerly, of
one Miller; thence running westerly at an interior angle of 820 381
with the last described line 209.85 feet to other land, now or for-
merly,of said Biller; thence running in a Northeasterly direction at
an interior angle of 720 581 with the last described line along land
now or formerly, of said ,tiller 167.85 feet to a Connecticut Highway
Department bound; thence running Easterly along the Southerly line of
said Ellington Road at an interior angle of 1370 511 with the last
described line making an interior angle of 1130 Sit with the first
described line.
OWNER OF RECORD: Clifford R. & Jeanette D. Gerich
Dated at South Windsor, Connecticut this 1 Oth day of April, 2001.
Marjori ' S. Anthony, Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2001
at
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