HomeMy WebLinkAboutVariance (973) APPI-16ATION FOR Application I -
TOWN OF SOUTH WINDSOR DateI 3h
ZONING BOARD OF APPEALS Receipt # 1�0.fa:
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 SUPPLEKENTS MUST BE SUBlIITTED. THE APPLICATION WILL BE
RETURNED IF INCOMPLETE.
The application and supplements must be filed in duplicate, typed or printed in ink.
- 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.
- If a variance is being requested, a legal description of the property must be submitted
with the application. This description can be obtained from mortgage records.
- 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 ffom 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.
APPLICANT: Jean Marc Jacques
MAILING ADDRESS c/o JMJ Construction Company,658 Ellington Road,South Windsor
OWNER OF RECORD OF PROPERTY IN QUESTION same
LOCATION OF PROPERTY IN QUESTION south side of Dart Hill Road at the Vernon
Town Line. - 118 26&27
ASSESSOR'S MAP# 106 PARCEL# 1 LOT/ ZONE A-30
CHECK ONE OF THE FOLLOWING:
x Request Variance to Section 10 . 2 of the Zoning Regulations to allow a forty (40)
feet front yard setback (10 feet variance) in Partridge Meadow II
or state hearing under Section of the General Statutes for
or temporary and conditional permit for
or an appeal from the Zoning Officer's decision involving
Is applicant a corporation or co-partnership?
corporation
(If Corporation, submit a list of officers . If Co-partnership, submit a list of owners) .
Is the applicant owner, lessee, or prospective tenant? owner
Are there any liquor outlets within the restricted area? no
(If yes , submit a list of the liquor outlets, their locations and distances from the property
in question) .
Is this property within 500 feet of another town line? yes
State clearly the unusual hardship or exceptional difficulty that prompts this application
and indicate why other options are unacceptable. (Use a separate sheet of paper if
necessary) .
The exceptional difficulty and unusual hardship with .this parcel
is that given the cross-slope of 8%-14% , strict a]2pt r.at-ion of a r;n feat
front yard will require an additional 10 feet of fill on the low side of
the street, and would further require an additional 10 feet cut into the
hillside on the high side of the street. Cuts are of particular concern
because of shallow depth to ledge. Granting of the variance would further
minimize the need for blasting. Moreover, by reducing the amount of fill
required, this should reduce the numbers of truck trips on nearby residen-
tial streets . There is some potential to save some trees with the reduced
setback. The applicant has already given strong consideration to walk-out
basements in homes on the lower side of the street in order to further
diminish the need for fill material and off-site trucking.
282-0628 (JMJ)
Dated this 13th day October Year 1995 Telephone # 291-8755 (DPI).
APPLICANT: /Agent for Applicant
(Signature)
OWNER: /Agent for Owner
(Signature)
ACTION OF THE BOARD
GRANTED DENIED
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Legal Description
Variance Application of Jean Marc Jacques
Parcel of 48 . 70 acres , as shown on a map entitled -
Zone Change Map prepared for JMJ Construction Company, Inc . ,
Dart Hill Road, South Windsot,Connecticut, Job No. 95-837 ,
9/19/95 , Design Professionals, Inc. , 1"=40 feet scale,
sheets 1-4 of 4 .
r i
I, Robert W. Warren, Chairman of the South Windsor Zoning Board of
Appeals hereby certify that on November 2 , 1995 the Zoning Board of
Appeals granted to: Jean Marc Jacques, c/o JMJ Construction Co. , a
10 ' variance to section 10 . 2 to allow all lots to have a 40 ' front
yard setback in the proposed Partridge Meadow II, A-30 Zone.
on premises located: Assessor Map 118, Lot 34
and more particularly bounded and described as follows :
SEE ATTACHED
OWNER OF RECORD: JMJ Construction Company
Dated at South Windsor, Connecticut this 28th day of November 1995 .
Robert W. Warren, Chairman
PUBLIC ACT #75-317
Received for Record this day of 1995
at
ATTEST:
TOWN CLERK
NOV-22-95 WED 15 :38 DESIGN PROFESSIONALS INC 203 291 8757 P. 02
NO.V 2p '95 01�c5Pl•t DUEEAU ►RYAN EQYAN PC F
STEVENS —J.M.J. CONSTRUCTION CO., INC.
A certain piece or parcel of land situated
more particularly bounded and
in the
Town of South d
County of Hartford and State of Connecticut,
described as follows:
BEGINNING at a point in line of land now or formerly of The American
Sumatra Tobacco Company being Lot 3 Partridge Meadows and In line of a
atone wall which point marks the northwesterly comer of the parcel herein
Convoyed and the southwesterly comer of the land being retained by the Grantor
and which point Is 377.71 feet southerly of the southerly line of Dart Hill Road as
measured along the westerly line of said retained land of Grantor; thence N. 761,
44' 35" E. along land of the grantor, a distance J�e7.h��ot�rol q,pCarusoi said
land formerly of Drayton M. Chadwick, P
line being parallel to the southerly line of Dart Hill Road and everywhere► 360.00
feet distant therefrom; thence turning and
S. 0711 54' 43" W. along line of
said Caruso, a distance of 832.07 feet to running
a point In line of land now or formerly of
Edwin W. Gerber and being marked by a stone wall; thence turning and running
S. 83° 49' 67" W. along line of said Gerber and
T�a���� Suwalimatt�a►�"Cob co
tance Of
376.00 feet to a point in line of land formerly thence N
Company being now land shown as Partridge Meadow Subdivision,,
08° 35' 21" E. along said stone wall and Partridge Meadow Subdivision, a
distance of 572.97 feet to a point; thence tug-0119 and running N. 040 20' 31" E.
still along said subdivision, a distance of 54.34 feet to a point; thenoe turning and
running N. 08,124, 40" E. still along said subdivision, a distance of 149.84 feet to
the point and place of beginning.
SAID parcel contains 6.66 acres of land, more or less.
REFERENCE is here�bys vensodatedrtiflostS June 3Q 1970tSandom the rec~.a dedt Estate
the
Ralph B. Stevens to Lottle
South Windsor Land Records, Vol. 132, Page 463, and to a Warranty Deed
from Lottie J. Stevens to J.M.J. Construction Co., Inc. dated 4otober 5, 1995 and
recorded in the South Windsor Land Records.
I, Robert W. Warren, Chairman of the South Windsor Zoning Board of
Appeals hereby certify that on November 2, 1995 the Zoning Board of
Appeals granted to: Jean Marc Jacques, c/o JMJ Construction Co. , a
10 ' variance to section 10 . 2 to allow all lots to have a 40 ' front
yard setback in the proposed Partridge Meadow II, A-30 Zone.
on premises located: Assessor Map 118, Lot 35
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: Joseph & Joan Caruso
Dated at South Windsor, Connecticut this 28th day of November 1995 .
Robert W. Warren, Chairma
PUBLIC ACT #75-317
Received for Record this day of 1995
at
ATTEST:
TOWN CLERK
NOv-22-95 WED 15 :39 DESIGN PROFESSIONALS INC 203 291 8757 P. 03
r10V 22 '95 01:26PM IXJBEOU RYAH BOYAM PC P.4
EXHIBIT E[�fl
CARUSO —JMJ CONSTRUCTION
A certain piece or parcel of land situated in the Town of South Windsor, County
of Hertford and'State of Conneotiout, more particularly bounded and described
as follows:
BEGINNING at an iron pin set in the apparent general southerly line of part Hill
Road, which iron pin marks a northeasterly corner of the premises herein
described and the northeasterly comer of land of Joseph and Joan A. Caruso
and a northwesterly comer of land now or formerly of Edwin W. Gerber; thence
S. 100 19' 33"W. along land of said Gerber and along a stone wall a distance of
80.78 feet to a point;thence S. 090 37' 31"W. still along land of said Gerber and
a stone wall, a distance of 301.08 feet to a point; thence continuing in line of said
Gerber and the stone wall S. 071149' 39"W. a distance of 282.90 feet to a point;
thence continuing still along line of said Gerber and the stone wall, S. 08" 05' 09"
W. a distance of 413.82 feet to a point; thanoe continuing In line of said Gerber
and the stone wall, S. 080 22'44"W. a distance of 221.78 feet to an iron pin at
the southeasterly corner of land of said Caruso; thence turning and running 8.
840 04' 04"W. still along the stone wall on land of said Gerber a distance of
139.68 feet to a point; thence continuing In line of said Gerber and a stone wall
S. 841, 18' 11"W..$ distance of 166.61 feet to a point; thence continuing in line of
said Gerber and the stone wall S. 8311251 42"W. a distance of 169.71 feet to an
iron pin which marks a southwesterly comer of land of said Caruso; thence N.
071 64' 43" E. along land formerly of Lottle J. Stevens, a distance of 776.68 feet
to a point;thence turning and running N. 760 17' 37" E. along other.land of said
Caruso, a distance of 445.99 feet to a point; thence turning and running N. 090
37' 31" E. still along other land of said Caruso, a distance of 321.30 feet to a
point; thence continuing along other land of said Caruso along the arc of a
circular curve to the left the radius of which is 175.00 feet, a distance of 81.78.
feet to a point; thence still along other land of said Caruso, N. 100 35' 39"W. a
distance of 25.00 feet to a point; thence continuing along other land of said
Caruso along the are of a circular curve to the left the radius of which Is 25.00
feet, a distance of 41.81 feet to a point in the southerly line of Dart Hill Road;
thence N. 690 24' 210 E. along said southerly line of Dart Hill Road, a distance of
104,50 feet to the iron pin which marks the point and place of beginning.
SAID parcel contains 9.24 acres.
TOGETHER WITH slope rights extending 25 feet westerly of the new easterly
line of said Caruso described by the four last courses along sold Carueo's
property; and
NOV-22-95 WED 15 :40 DESIGN PROFESSIONALS INC 203 291 3757 P. 04
NOV '22 '95 01:27PM DUSERU R eki BOYPI i PC P,5
TOGETHER WITH slope rights and site line rights along a strip 25.feet in depth
and southerly of the southerly roadline of Dart Hill Road and extending 151.16
feet westerly of the westernmost point on Dart Hill Road of the above-described
9.28 parcel and both easements shall not exceed 1 foot vertical to 4 feet
horizontal.
ALL OF THE above described property and both slope right easement areas,are
depicted upon a map or plan entitied "MAP DEPICTING EASEMENTAREAS TO
BE GRANTED TO JMJ CONSTRUCTION CO. ACROSS THE PROPERTY OF
JOSEPH &JOAN A. CARUSO Dart Hill Road South Windsor, Connecticut
design professionals, ino. civil engineers " planners * surveyors 185 south
satellite road, south wndsor, connecticut 06074 Job No,:95-837 Date: Sept. 201
1995 Drawing No. C: 1J08\958371637-E1 Scale V=100' Sheet 1 of 1"to which
reference may be had for a more particular description of both the property
described and easement lines.
BEING a portion of the premises described In a Warranty Deed from Edward
Skiilen and Gladys R. Skilien to Joseph Caruso and Joan A. Caruso dated
January 27, 1960, and recorded in the South Windsor!rand Records,Vol. 112,
Page 525,
+ I, Robert W. Warren, Chairman of the South Windsor Zoning Board of
Appeals hereby certify that on November 2 , 1995 the Zoning Board of
Appeals granted to: Jean Marc Jacques, c/o JMJ Construction Co. , a
10 ' variance to section 10 . 2 to allow all lots to have a 40 ' front
yard setback in the proposed Partridge Meadow II, A-30 Zone.
on premises located: Assessor Map 106 , Lot 1
and more particularly bounded and described as follows :
SEE ATTACHED
OWNER OF RECORD: Edwin W. Gerber
Dated at South Windsor, Connecticut this 28th day of November 1995 .
Robert W. Warren, Chairman
PUBLIC ACT #75-317
Received for Record this day of 1995
at
ATTEST:
TOWN CLERK
NOV, 22-95 WED 15 :40 DESIGN PROFESSIONALS INC 203 291 8757 P. 05
r,0V 22 '95^ 01:27P11 DUBEPU RYAN HOYAN PC P.6
w
GERSER --J.M.J. CONSTRUCTION CO., INC.
A certain piece or parcel of land situated In the Town of South Windsor,
County of Hartford and State of Connecticut, more particularly bounded and
described as follows:
BEGINNING at an iron pin set in the approximate Town Line of South
Windsor and Vernon,which pin marks a Southeasterly corner of the premises
herein described and a Northeasterly corner of land now or formerly of Gardner
Chapman; thence in a general Westerly direction along land of said Chapman
along three(3) courses: S. 83' 23' 4T W., a distance of 191.52 feet to a point;
thence N. 849 39' 47"W., a distance of 316.87 feet to a point;thence N. 83° 26'
05"W., a distance of 473.00 feet along a stone wall to a rook out at the
intersection of stone wells; thence in a general Northerly direction along other
land of J.M.J. Construction Co., Inc. along six (6)courses and a stone well:, N.
06147' 02" E., a distance of 71.46 feet to a point; thence N.or 09' 67" S., s
distance of 184.31 feet to a point;thenoe N. 091126' 59" E., a distance of 109.49
feet to a point; thence N. 06" 30' 33" E., a distance of 138,94 feet to a point;
thence N. 086 54' 30"E., a distance of 320.69 feet to a point; thence N. 07" 58'
18" E., a distance of 348A7 feet to a point marked by the intersection of another
stone wall: thence N, 83149' 57" E. along land formerly of Lottle J, Stevens now
of J.M.J. Construction Co„ Inc., a distance of 375.00 feet to a rock out thence
continuing Easterly along land now or formerly of Joseph and Joan A. Caruso
along three (3)courses marked by a stone wail: N. 83"25' 42"E., a distance of
169.71 feet to a point;thence N. 84018' 11"E., a distance of IW,07 feet to a
point; thence N. 84" 04' 04" E., at distance of 139.108 feet to an Intenaectlon of
stone walle and a point marked by a rock cut thence continuing along land of
said Caruso along four(4) courses all marked by a stone wall, N. 08" 22'44" E.,
a distance of 221.78 feet to a point: thence N, 080 05' 09" E., a distance of
413.82 feet to a point; thence N. 07"48' 39" Et a distance of 292.90 feet to a
point; thence N. 09" 37' 31" E., a distance of 99.70 feet to a point;hence S. 619
12' 15" E. along other land of Edwin W. Gerber, a distance of 175.45 feet to a
point In the South Windsor Vemon Town Line; thence S. 089 47' 45"W. along
sold Town Line and other tend of Edwin W. Corber, a distance of 2,331.90 feet
to the Iron pin which marks the point and place of ginning.
SAID parcel contains 32.818 acres of land.
SAID premises are subject to a Connecticut Light and Power right of way
175 feet in width orossing said parcel from east to west dated July 16, 1954, and
recorded in the South Windsor Land Records, Vol. 49, Page 480.
r
1
• ` V gOWN S. 1
1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074
SOR-CO AREA CODE 203/644-2511
November 28, 1995
CERTIFIED #P389189906
Jean Marc Jacques
C/o JMJ Construction Co.
658 Ellington Road
South Windsor, CT 06074
RE: Appl. #2301-95 - Jean Marc Jacques, c/o JMJ Construction Co.
Dear Mr. Jacques :
At the November 2 , 1995 meeting of the South Windsor Zoning Board
of Appeals, the Board approved your request for a 10 ' variance to
section 10 . 2 to allow all lots to have a 40 ' front yard setback in
proposed Partridge Meadow II on the south side of Dart Hill Road,
west of the Vernon Town line, A-30 Zone.
The Board noted the hardship to be the sloping properties going
west to east and the ledge that exists on this property making this
an unique situation.
This action is effective upon your filing the enclosed form in the
Town Clerk's office at your own expense.
Very truly yours,
Robert W. Warren, Chairman
Zoning Board of Appeals
RWW:dr
Attmt.
cc : Building Department
Planning Department