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HomeMy WebLinkAboutVariance (935) Y .+� i® t-- �,jL 5 K�j. •_. U TC WY OF SOUTH WINDSOR Application # APPLICATION FOR =,' r m y Date ZONING BOARD OF APPEALSppy �g r� s �� g� � f� 9 pe�� RReceipt# �i6117�1� � iNflIi 511 ftA1 ifiA1 7 Y6.PY0 IMPORTANT: This application must be submitted to the Planning Department by the second Friday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. , + `Tt1Ns .... 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, dimension, 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 mortgage 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 Windsor Town Hall. ::::::::::::.::: :::.::::::::::::::......::.:::::::.::::::::.......:::::::.: 1. Applicant: L �(� d �U/V -► , �- 2. Mailing Address: 1 t, �T-P= A L C , 3. Telephone#: C 4. Owner of record of property in question: ( ) 1 CA 'T 5. Location of -fir 1 i� ` -� property in question: _ 1� � 1A/ Assessor's Map # - 8 q Parcel # Zone Is applicant a corporation or co-partnership? (If Corporation, submit a list ofo officers. If co-partnership, submit a list of owners). ease indicate if the applicant is owner, lessee, or prospective tenant: _6AA ` ?N ? NF0 �1:TON �tnt r :::::::::::::.. .: . > . ::.. ::.:: . ..:.:.. :........... 8. Check one of the following: lQ Request Variance to Section . 1.Z of the Zoning Regulations to allow J ( ) State hearing under Section of the General Statutes for ( ) An appeal from the Zoning Officer's decision involving 9. Are sign(s) involved? YES or 0 If yes, submit complete sign information as outlined in sign information requirements. 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 the liquor outlets, their locations and distances from the property in question. (. /J/,4) 11. Is this property within 500 feet of another town line? �(� 12. 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. DATN�.. € Es: .:::.::...:......:::.. .:::::::::::...:.::.::.::.:.:..:.::.::.::::.:::..:..........::::::.:..:::.::.::.::.::.: . :.::.::.:..:.. Dated this day of -,)eq t</y 0- Year APPLICANT: 1:tA-- t ( 'gnature) OWNER: M - �, ' cvT,jt,k, ( i ture) ACTION OF THE BOARD Granted:A'A Denied: 12)(Cont. from previous page.) that we exposed the property to were: Someone wanting to open a family restaurant Someonewanting.la own nn_-muques-showroom Someone wanting to open a furniture showroom Arepresentative,from`.` Friends Animal Resod(a veterinarian hospAoarding kennel) The owner of Ethan Allen Furniture Showrooms,Wally Ruben. (They decided on a site in Manchester to be closer to the Bucklia Mall. Texaco Oil Co. Town Fair Tire-Co. A steel fabricating company(recommended by the S.W. Economic Development Officer) We currently have a prospective buyer interested in opening a furniture retail showroom �onhe—,ite.-Obviously he-can't-make a commitment until and unless we are granted a variance-to allow retail use. We-understandbat 'uncial-hardship"is-not a mason Ito grant a variance however the reality is that we were unable to pay the taxes on the property last year,for the first time since we-purchasedit in 198.8,and will notbe able to_pay-the second half this month. in addition we are facing foreclosure since we have not been able to pay the mortgage in over .a year. Webelieve that-both the-town and we would-certainly benefit if we could- successfully market the property at this time. SCHEDULE A TMAT CHAIN PIECE or parcel. of lands :located in the. Town of South N ndsar CountlZ of. Aartfard,, and State of -Connecticut, designated as Parcel 8- on a map or-,plan enti.tl-edr - -Resubdivision Plan for Richard J. Grosso, South. Windsor:, Eonnectiut Gardner & Peterson Associates- .57i6 "Old Post. AGadf Tolland=e C nnecttt;ut, Professional Engineers i,anci Sur-V_yera Scale as Shy-,Date 1-i3-86 Sheet No -I hf 1 Map into f 6252 A .rev i - 3-3-5 4-86 P r� condition:" which map Or plan_ia filed.in. the .Tatm £C-Jer &.T €Mice Of South Min4sor and ' is more ,pa.rtIcularly bounded and described,-as , follows NORTHERLY: By land now or formerly of Dale S- -&-Harriet S. Wilson, and -land now -or -formerly.of- mu-jel Mahr, et al, :n part by each, Ono:--Thousand- One Sundred Nine and Sixteen• )no-hua redthit few; EASTERLY: By U.S. Boute 5A.K.A. .K.A. jahn, Pitch ,BoU-levard :one Hundred FiityAine (15`9.00) feet- SOUTHERLY: By Parcel A. as shown on the AforeWentioned ..map, Three Hundred Eight and Sevent= Kth- e-e One Bu r�efths (308.73 feet; EASTERLY; By Parcel A as `shown on the aforementioned map, Two Wired Eight~ and live. .One-hundredths. (285.05) feet; SOUTHERLY: By land nor or .formerly of -Andre -L. tharbonneau, land -now_or. formerly of Williama a.. and Lois w. Burkhart, ..laud now or- formerly of Mal obw M. arson, and land now Or formerly of John. job- ne Rggkeg.,. in part by each, Eight Hundred,:Sixty-four and Nineteen .Dne Hundr-edtha -M4.194 f eeti WESTERLY: By .land now or :formerly of Frederick Hi &- Theresa M. �itgood, land now for formerly -qf -Pamela. N. -wen_t-worth, 1a4d now or .formerly of -John &. Mary LeBjanc;r by- jand AQV -or former4- of William - therhee-, .1ll1- and -land n --or former-iy- of Anthony M. ,-& Anita Rinaldl., in .part b-y each: Four,- Hundred Thirty-one. and Seventy-three -tine ftndradtha- (431.73) feet; Said property is generally known as 1:243 John Fitch_ _Bouieyardr South Windsor, Connecticut and contains approximately 9,4- acre LAW OFMCss OF J`Auss J. FARMU. I Luc sn wr mx vAM cawmcn=e6m(203)snz n7o -SCHEDULE A (con`t_. ) Sa}&j3 m PC are subject to-: 1 . . Cent-a' -Ur arain .ri :of wey- qran-t-ed-.-t-o the State of _Cof etirUt aO_ noted' t`.V - 12 of the. South Windsor Land Records; 2.. A pole lire easement--to Connecticut Light and Power Co. da- June."4-_1-4G1` recorder`-on,ftly 5=,° 1-962-,in: voldme= 84.at- me,, 12 8 in the Zou th Windsor _Land oxds 3. A drainage easement to the .State of Connecticut- dated July 121 1939 And recorsted on July 14, I93� in volume 37 at pale 12 in the South Windsor Land Records; A. , A muttta_. -easement agreement for travel and maintenance. of utilities in ,tom easemMt aree- eco rded fund 6, I M in-fume 435 at -Page. 575� q _ -Sout4-Windsor -Land Records; 5'. A 1esew-bf,�n a: LT, Qro'ss,*�, Inc. .aad 'Kay-ak'saftufacturing Corporation- dates April' 1j 19-94 6.- A lease be ween Shopi to Supermarkets, Inc. and Equity -Reaseurcea, -Ltd. at.. December 24, 1987. 1 .: ,. :A ;j -AAUMMM r MWAM aONNKM=use MP N-UN WAIN , QUIT-CLAIM DEED TO-.ALL PEOPLE TO WHOM THESE-I'-AF-SENTS--S-HALh#- _GOKZ_j GREETING: Know ye# That 'NQRWALK 7 DEVELOPMENT-ASSOCIATES., a .Connecticut general: partnership acting herein by Peter E, Hewitt# the senior vice president bf the managing general partner, Narwalk- 7 Development Corp,..,- 'a Connecticut- corgorattign., .herein designated as the Grantor, for, the consideration of One Dollar. and other. consider.Atiton received. to Grantorls full. satisfaction from Robert. St. John_ of Norfolk, Connepticatt, herein designated .as the grantee., .does by these presents remic.e, release and forever ..Cuit-Claim unto the _said Robert St. ,John of Norfolk, Connecticut., his :heirs, succes ors and assigns forezver#, aLU the ricjht_ title# interest, claim and demand whatsoever as the said -Grantors has or ought to have in or to THAT CERTAIN PIECE or parcel of land, located in the Town of South Windsor, County of Hartford, and State of Connecticut, designated as Parcel B on a map or plan entit3ed, "Resuhdivision Platt for. Richard .T.., Grosso, South Vindsor, Connecticut -Gardner & Peterson Associates_, $16 Q1d Post Road.#- Tolland, -Connticut, Professional Engineers Land Surveyors Scale as Shown Drate Y-13-86 Sheet No. 1 of ]. Map Md. 6252 A. revisions 3-3-.86 3-24-86 P & ? conditions" which mare -or plan_ is fil`+ d in the Town Clerk'a Office of. South Windsor and is more Patticula`rly bounded,' and described as. follow$.._ NORTHERLY: By land now or formerly .of'D41e S. s. Harriet S. Wilson, sand' land now or formerly of Muriel Nahr, et al, in part by each, One Thousand One.._Hundred Nine and Sixteen One-hundredths (11-01.16) .feet; EASTERLY: $y U.S, Route 5 A.R.A. John Fitcb Boulevard One Hundrecl 'fifty-nin.e (1S9.00) feet; SOUTHERLY By Pare-el A, as shown. on .the aforementioned map, Three Hundred Eight and Seventy-three One Hundredths (308.73 feet; EASTERLY: Rv Parcel A as. shown. on the aforementioned; map,, Two 4ndred. .Elghty-five and Five One--_hundr-edths (2-85.05) feet; ,SOUTHERLY: By land .now or. formerly of Andre-:L. Charbonneaup land now o.r..fQrmery Hof .W�il.liams S. ,and. Lois. N. Burkhart, land now or formerly of Malcolm E. Anderson, and land now "or, formerly of John &_. Josephine Hughes, in part by each, Eight Hundred Sixty-four and Nineteen One Hundredths (864.19) feet. WESTERLY: 14y laud now or .formerly of Frederick 0, & Theresa M. E tgood, .la d -now or .formerly of Pamela N. -Wentworth, -land now or formerly of 4aba &, -Mary LeBlanc, by land now or formerly of William -K,.. Wetherbie.., III, and land now -or formerly of Anthony M. s Anita Rinaldi, in part by each=,. .Pmxs. Hundred T'hir.ty--o_ne �,_nd Seventy-three One ;Hundredths (431.73) feet; Said property is generally kAown as 1249 John Fitch Boulevard, South Windsor.. Connecticut and contains approximately 4.4 acres. Said Premis.es. :ar-e "subject. to-r 1. Certain drainage rights of way granted to the State of Connecticut as noted- ln' volume 37 at page. -12 of' the South Windsor Land Recordst Lightr Co. date d+June .19e� 1961 .andPrecorded ont to n July n July 5, 1961involume 84at pafge 128 in the South Windsor Land Records; { 3. 'A drainage easement to the State of -Connecticut dated July 12, 1939 and recorded on July 14,E `1939 in volume 37�lat page 12 in -the 'South Windsor Land Records; 4. -A mutual 'easement agreement .for -t-r-avel -and =*wint-enance of utilities in the easement area recorded June 7;4 19-86 in Volume 435 at Page 575. of the South Windsor Land Records 5. to lease between R. J. Grosso, Inc.. and Kayak. Manufacturing Corporation dated April 1. 1984-r f. A. lease between Shoprite .Super.maark-ets, Inc. and Equity Reasources, Ltd. dated..December -24 ' l-M0 ' 7. Subject to taxes oa the List of. octabe�t 3s 1987 which.taxes the grantee herein assumes and agrees to pay. T.O HAVE AND TO .HOLD the -premises 0, with -alb. the, .appurtenances, unto the said Grantor.., hiss szors, .heLrs. and assigns forever, so that .ne-ither it the Grant-or,,-not .its, -successors, heirs. -and .assigns nor any other person under it .or them shall hereafter have any claim, right or title in, or to :the premiseso, -or any in thereof, but therefrom and they _are by these-presents forever barred and excluded. IN WITNESS WHEREOF, It, hap hereunto set, its, banr and seal or has caused these. Weser is to be executed by Peter E. Hewitt, Senior Vice President of Norwalk 7 Development Corp t a. Connecticut corporation, general partner of Norwalk 7 Development Associates,' this zA,�.- day of August, 1988.. Signed, Sealed and .De.livered in the presence -of or. Attested by NORWALK 7 DEVE 4PMENT ASSOCIATES Peter E,E, witt- . Senior Vice Zresident Norwalk 7 Development Corp. General Partner ST QF CO UT - r- ss: Stamford August �., 19-8H CflU OF FAIRFI ELD f On this the *^xv D day of August,- . 1988, before me, James- J. Farrell the undersigned -offices, personally appeared Peter E: Hew tt,' who acknowledged himself- to beA._. the senio r, vice. president f as such i D2vi�'lOpmen' C�+ p.,. c .C.c3«x:.`c,. ..�.... ..c. ?_,�......� . Qf A�OWaI ` ch Senior Vice P.re.ident art{e duly='„authorizie C bx the partnership, Norwalk 7- Development. Lsaociates,. to execute the foregoing instrument for the purposes therein contained, by signing in behalf .of the corporation -as Senior' Vice Pres der i -of the managing r- general partner# Norwalk 7 Development Corp. t C�DMMIJIS J. ion o , the Superior SAWN Sf� o 7DW,#-/T o-P S-oum ?Mv� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 S R.00� AREA CODE 860/644-2511 February 9, 1999 CERTIFIED#P462497984 Clifford St. John& Sons, Ltd. Partnership 16 River Street Norwalk, CT 06850 Re: Appl. #2425-99—Clifford St. John & Sons, Ltd. Partnership, 1249 John Fitch Boulevard, I Zone. To Whom It May Concern: At the meeting of the South Windsor Zoning Board of Appeals held on February 4, 1999, the Board approved your request for a use variance to Section 6.1.2 to allow a retail use in an industrial zone, at property located at 1249 John Fitch Boulevard, I Zone. The Board conditioned this variance saying that only those retail uses allowed in Section 5.1.2.2 (Restricted Commercial zone uses) of the Zoning Regulations are allowed. The Board concluded the hardship to be that there have been commercial and office use on the property in the past. Many of the adjacent properties have commercial uses on them also. Any new building, or alteration/additions to existing buildings, require 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, h-UtU -t brau Irl r MaJoi , Anthony, Chairpers �-- 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 February 4, 1999, the Zoning Board of Appeals granted to: Clifford St. John& Sons, Ltd. Partnership, 16 River Street,Norwalk, CT., a use variance to Section 6.1.2 to allow a retail use in an industrial zone, I Zone. Condition: Only retail uses allowed in Section 5.1.2.2 (Restricted Commercial zone uses) of the Zoning Regulations are allowed. on premises located: 1249 John Fitch Boulevard and more particularly bounded and described as follows: NORTHERLYs 'By land now or formerly of Dale S. & .Harriet S. Wilson, 'and land now or .formerly of Huriel Mahn at al, in part by each. One Thousand One Hundred Hine and sixteen One-hundredths. (1199.16) feet; EASTERLY. By U-S• Borate 5 A.1-.A. John Fitch Boulevard one Hundred Fifty-nine (159.00) feet; SOUTSERLYs By Parcel•]l, as slum on the aforementioned map, Three Hend Hued Sight and Seventy-three one Hundredths (308.73 EASTERLYs ay Parcel A. as.shown on the aforementioned map, Two Hundred Eighty-five and Five One.hundredtbs (285.05) feats SOUTHERLY: By.land now or formers Of•endre I. Charbouneau, land n ow.or formerly►-Of . S..and Lois-a. Burkhart, land now or former2Y of Malcolm 8. Aadersoa, and land now or formerly of'John i Josephine Hughes, in part by ems. -49ht 9nadsed-Sixty-four .and Nineteen One Hundredthu (864.191 feats WESTERLY: BY 2=4 -now or.formerly of Frederick H. i Theresa K. Bitgood, .land.now or formerly of Pamela X. Wentworth, land -now or formerly of John i mazy LeBlanc, by land now or. formerly of H<ilUM K. VOtherbee, III., and land now or formerly of-Anthony a. 8 Anita Rinaldi, in part by each,.P"r Hundred Thirty-one.rind Seventy-three one ._ Snndredtha_{431.731 feets ' OWNER OF RECORD: Clifford St. John& Sons, Ltd. Partnership Dated at South Windsor, Connecticut this 9th day of February, 1999. Marjo&Anthony, ChairperiWni PUBLIC ACT#75-317 Received for Record this day of 1999 at VOLUME PAGE TOWN CLERK