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HomeMy WebLinkAboutVariance (894) TOWN OF SOUTH WINDSOR Application # _l f,17�7)_Co tr 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. SECTION -GENERAL INFORMATION 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 b�v mail. • Inquiries on this application may be 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. SECTION II-REQUIRED INFORMATION 1. Applicant: Z en T/e e_ fg" J-1 G 2. Mailing Address: 2 `�� /V� �i.✓�/ �i� 3. Telephone n: ��(��— oq�L 4. Owner of record of property in question: So �'l Z eat �Fre vi Qns r-� 5. Location of property in question: l5 a r 6t/ � Assessor's Map # ,;Tr) Parcel Zone OZf� 6. Is applican corporation r co-partnership`' (I f co oration, submit a list of officers. If co-partnership, submit a list o " ens). 5ok l (22e^ I-e.S 5z)�/) 07e, Sr V P VVy\A Trt1ts t REQUIRED INFORMATION(continued)=t$ 7. Please indicate if the applicant is owner, lessee, or prospective tenant: 5'c� 8. Check one of the following: (44169 (V) Request Variance to Section 12903 of the Zoning Regulations to allow 10"�* ( ) 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" f ves, complete and submit the sign checklist information. 10. If application is for a vari a to Se ion 3.12, are there any liquor outlets within the restricted area, (500 feet)? YES or Wf 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? 0 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. SECTION III-DATES AND SIGNATURES I hereby declare that the data & information contained herein is accurate to the best of my knowledge. Dated this 2 O day of ��G'�j Year ��d Applicant: 0 V (Signature) OWNER: (Signature) 019 SECTION IV—ACTION OF THE BOARD :7 } 'r Approved: Denied: 0 U Revised 12/04/98 DZEN TREE FARM, INC. "Where Family Traditions Are Made!" WE ARE PROPOSING TO BUILD A 42X45 FARM WORKSHOP. WE WOULD LIKE THE WEST DOOR OF THE PROPOSED WORKSHOP TO BE NEAR THE WEST DOOR OF THE EXISTING MACHINERY STORAGE BUILDING TO EASE THE TRANSFER OF EQUIPMENT. WE ARE PLANNING TO USE THE LEVEL PORTION OF THE FARM NEAR THE ROAD TO ESTABLISH A SEEDLING AND TRANSPLANT BED FOR OUR CHRISTMAS TREE BUSINESS. THIS PORTION WAS USED SUCCESSFULLY IN THE PAST TO RAISE TOBACCO TRANSPLANTS. TO LOCATE THE PROPOSED BUILDING 100 FEET FROM THE LOT LINE WOULD CREATE A HARDSHIP FOR US. THE BUILDING WOULD BE BUILT NEAR A REGULATED UPLAND REVIEW AREA AND THE REQUIRED FILL WOULD BE IN THE REVIEW AREA. THE STEEP GRADE IN THE AREA 100 FEET FROM THE LOT LINE WOULD REQUIRE 8 TO 10 FEET OF FILL FOR THE BUILDING AND EVEN MORE FOR A TURNING RADIUS INTO THE DOOR. THE COST OF THE GRADING ISSUES AND DEALING WITH THE REGULATED UPLAND REVIEW ISSUES WOULD CREATE A HARDSHIP. THE WORKSHOP IS PROPOSED TO BE BUILT ON A 66 ACRE FARM OWNED BY MY WIFE AND MYSELF. THE EXISTING STORAGE BUILDING IS ON A 95 ACRE FARM OWNED BY MY FATHER, JOHN DZEN, SR. BOTH FARMS ARE LEASED TO OUR CORPORATION, DZEN TREE FARM, INC. 245 Niederwerfer Road • South Windsor, CT 06074 Phone(860)644-0444 • Fax(860)648-9065 Seasonal Info. (860)648-2233 roc. 103EPAGE 70 STATUTORY FORM ADMINISTRATOR 1 DEED KNOW YE,THAT I,Mario Frat6174 taroll,of the Town of Manchester,Coun of Hartford and State of Connecticut,duly qualified and authorized Administrator of the Estate of Gemvde r- eeMa late of Manchester, Connecticut, pursuant to a Probate Court decree dated September 21, 1998, for consideration in the amount of Two Hundred Fifty Thousand and 001100 Dollars($250,000.00)paid,grant to John D.Dzen,Jr.and Jennifer M.Dzen,both of the Town of South Windsor,County of Hartford and State of Connecticut,as JOINT TENANTS,with ADMINISTRATOR'S COVENANTS Those two pieces or parcels of land,together with the buildings located thereon,situated on the westerly side ` of Barber Hill Road in the Town of South Windsor,and bounded and described as follows: FIRST PIECE: ,. The first piece is known as the"high Lot",bounded northerly by the Second Piece herein described,easterly by Barber Hill Road,southerly by land now or formerly of Stephen Dzen and westerly by land Y now or formerly of Simon Maskal,and containing thirty-six(36)acres,more or less. Being the same piece or .d parcel of land designated as the"Third Piece"conveyed to the Barber Hill Gun Club,Incorporated by Catherine r# + A.Dacey,dated April 15, 1943,and recorded in the South Windsor Land Records,Volume 40,Page 86. SECOND PIECE: The second piece is known as the"35 Acre Lot"and is bounded northerly by land now or ' formerly of John Pudim and by land now or formerly of Lila E.Skinner,easterly by Barber Hill Road and by land now or formerly of George Peril and by land now or formerly of Lila E.Skinner,in part by each,southerly by the First Piece herein described and by land now or formerly of George Peril,and westerly by land now or formerly of Dwight Abbey,and by land now or formerly of William Winton,in part by each,and containing thirty-five(35) acres,more or less. The second piece is designated as the Fourth Piece in a deed from Catherine A.Dacey to Barber Hill Gun Club, Incorporated dated April 15,1943,recorded in the South Windsor Land Records,Volume 40,Page 86. } ! Together with a right of way to a spring on land now or formerly of Lila Skinner and use of said spring for "x watering stock as set forth in a deed dated August 21, 1934,recorded in Volume 27,Page 439. Being the same premises set forth in a Certificate of Devise recorded in Volume 86 at Page 306 of the South Windsor Land Records. i Said premises are conveyed subject to a right-of-way to Connecticut Light and Power Co., to any and all provisions of any ordinance,municipal regulation or public or private law and to taxes on the List of October j 1, 1997 due and payable to the Town of South Windsor,which fazes tt €�grhand agree a to pay. a STATE s o LOCAL$,-,Z �t& Signed this 14th day of October, 1998. c . . t U 1 Witnessed by: souTHwnuosan EAkP-ZZ,/7z , 916 i;iui Th. Mario Frattaroli,Administrator of the Estate of Gertrude C.Straugh I Cl Qiov W. a Lya per 1 STATE OF CONNECTICUT ) )SS. Ab►na iisyz,L October 14, 1998 f. COUNTY OF HARTFORD ) Personally appeared Mario Frattaroll,Administrator of the Estate of Gertrude C.Straugh, signer and sealer of the foregoing instrument,and acknowledged the same in the capacity therein stated to be his free act and deed,before me. "Grantees' Address: /1 5 m_ �6G gar Ze. 711 Sandstone Drive RECEIVED FOR RECORD issioner of the Superior Court i South Windsor,CT 06074 OCTOBER 14, 1998 @ 2:30 P.M. THERESA G. SAMSEL, A.T.C. I r April 4, 2000 Dear South Windsor Zoning Board Of Appeals, As the adjoining landowner to application #2458-00, I would request that the following letter be read into the record. Dzen Tree Farm, Inc. leases 95 acres owned by me and 65 acres owned by son. We are farming these two parcels of land as one and my son will inherit my 95 acres. The existing warehouse is on my land. We are proposing to build a farm workshop on my son's land adjacent to the existing building. The two buildings should be close to each other for easy access. To build the new building 100 feet from the property line does not make sense. The building would be near the wetlands. A large amount of fill would be required. The cost of grading would be high. Complying with the 100-foot requirement would create a real hardship for us. As I read the zoning regulations, the 100-foot requirement is designed to provide a buffer between homes and agricultural businesses. As the only effected adjoining landowner, I encourage you to grant the zoning variance. Dzen Tree Farm, Inc. intends to continue fanning in South Windsor for many years to come. We would appreciate your cooperation in allowing us to farm in an efficient way. Si erelp,_. ohn Dzen, Sr. 245 Niederwerfer Road South Windsor, CT. 06074 �S0WN SFq`� F � . O-PSOU& � G � S ca 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 OR-Co AREA CODE 860 / 644-2511 April 11, 2000 CERTIFIED#P462498088 Dzen Tree Farm, Inc. 245 Niederwerfer Road South Windsor, CT 06074 Re: Appl. #2458-00—Dzen Tree Farm, Inc., 275 Barber Hill Road, RR zone Dear Mr. Dzen: At the meeting of the South Windsor Zoning Board of Appeals held on April 6, 2000, the Board approved your request for a 60' variance to Section 4.1.4 e to allow an accessory building 40' from the property line (100' required), at 275 Barber Hill Road, RR zone. The Board concluded the hardship to be that due to contour of the property and the location of the bodies of water, there is no other viable area to construct the proposed building. 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, COW Marjorie Nnkhony, Chairperson Zoning Board of Appeals MA:dr cc: Building Department I, Marjorie Anthony, Chairperson of the South Windsor Zoning Board of Appeals hereby certify that on April 6, 2000 the Zoning Board of Appeals granted to: Dzen Tree Farm Inc., a 60' variance to Section 4.1.4 e to allow an accessory building 40' from the property line (100' required), RR zone. on premises located: 275 Barber Hill Road and more particularly bounded and described as follows: SEE ATTACHED OWNER OF RECORD: Dzen, John D., Jr. &Jennifer M. Dated at South Windsor, Connecticut this I Ith day of April, 2000. Marjorie thony, Chairperson PUBLIC ACT #75-317 Received for Record this day of 2000 at VOLUME PAGE TOWN CLERK • VOL- 103EPAGE 70 TQ10W YE,THAT I,Mario FiattaroB,of the Town of Manchester,Carty of fiart lord and State of Connecticut,duly qualified and authorized Administrator of the late of Manchester, Connecticut, Pursuant to a Probate Court decree dated September 21, 1998, for consideration in the amount of Two Hundred Fifty Thousand and 00/100 Dollars($250,000.00)paid,grant to John D.Dzen,Jr.and Jennifer M.Dzen,both of the Town of South Windsor,County of Hartford and State of Connecticut,as JOINT TENANTS,with ADMINISTRATOR'S COVENANTS Those two pieces or parcels of land,together with the buildings located thereon,situated on the westerly side of Barber Hill Road in the Town of South Windsor,and bounded and described as follows` • FIRST PIECE; The first piece is known as the"Sob Lot",bounded northerly by the Second Piece berein described,easterly by Barber Hill Road,southerly by land now or formerly of Stephen Dun and westerly by land now or formerly of Simon Maskal,and containing thirty-six(36)cram more or less. Being the same piece or U parcel of land designated as the"Third Piece"conveyed to the Barber Hill Gun Club,Incorporated by Catherine A.Dacey,dated April 15,1943,and recorded in the South Windsor Land Records,Volume 40,Page 86. SECOND PIECE: The second piece is known as the"35 Acre Lot"and is bounded northerly by land now or formerly ofJohn Pudic and by land now or formerly of Lm7s E Skimmer,easterly by Barber Hill Road and by land now or formaiy of George Peril and by land now or formerly of Ua E Skimmer,in pan by each,southerly by the =' First Piece herein described and by land now or formerly of George Peril,and westerly by land now or fotmeriy of Dwight Abbey,and by land now or formerly of Wham Winton,in part by each,and containing thirty five(3S) • acres,more or less. The second piece is designated as the Fourth Piece in a deed from Catherine A.Dacey to Barber Hill Gun Club, 1 incorporated dated April 15,1943,recorded in the South Windsor Land Records,Volume 40,Page 86. Y Together with a right of way to a spring on land now or formerly of Lila Skinner and use of said spring for iwatering stock as set forth in a deed dated August 21,1934,recorded in Volume 27,Page 439. Bang the same premises set forth in a Certificate of Devise recorded in Volume 86 at Page 306 of the South Windsor Land Records. Said premises are conveyed subject to a right-ofway to Connecticut Light and Pbwer Co.,to a�►and all provisions of any ordinance,municipal regulation or public or private law and to taxes on the List of October f 1, 1997 due and payable to the Town of South Windsor,which taxes dMftXt9tE'8811iQ9 and agreea to PaY• -0 ��1cyI STATE a67— OM 8-'z Ns Signed this 14th day of October, 1998. c�L ,a,e,,,j _ witnessed by, SOUTHMwsoe m* s #14 6i1t, 77t. Mario Frattaroli,Administrator of the ! Estate of Gertrude C.Straugh CQQA�" G,-Aa J V. C6Lr beer . t . STATE OF CONNEC77CUT ) )ss. h%-A cerr&TA- October 14,1998 s COUNTY OF HARTFORD ) !, PersonallyappezradMadoErattaroll,AdministtatoroftheFstateofGertrudeC.Strnno- signer and sealer of the foregoing instrument,and acknowledged the same in the capacity therein stated to be his free act and deed,before me. Grantees'Address: R Sin. 66 ear.TR. 711 Sandstone Drive Coanflissioner of the Superior Court i South Windsor,CT 06074 RECE'VED FOR RECORD OCTOBER 14, 1998 @ 2:30 P.M. TRERESA G. SAMSEL, A.T.C.