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HomeMy WebLinkAboutVariance (1004) APPLICATION FOR Application # ] ]� TOWN �OF SOUTH WINDSOR Date 12/15/95 ZONING BOARD OF APPEALS Receipt # 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. - 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 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. T R E't-I:�- APPLICANT: e-s Guay/ Emeralds ' Cafe MAILING ADDRESS 39 Oakland Street South WIndsor OWNER OF RECORD OF PROPERTY IN QUESTION Kirby H o l c n l m LOCATION OF PROPERTY IN QUESTION_ 19 Oakland S .r P t S nut h W i n ri c n r ASSESSOR'S MAP# 51 PARCEL# LOT#1 9 ZONE CHECK ONE OF THE FOLLOWING: X Request Variance to Section 3 . 2 1 . 1 of the Zoning Regulations to allow Wine and Beer to be served at the Emeralds Cafe RPctaurantt 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? Sole Partnership t (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? Lessee Are there any liquor outlets within the restricted area? Yes (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? No 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 Emeralds Cafe (owned by the applicant ) is within 500 feet of wanni,�q _ Community Church and is requesting a variance to serve beer and wine with its meals at their location . Liquor outlets within restricted araa • 1 ) #497 Buckland Street Package Store 2 ) Calamarie Restaurant Dated this 15th day of December Year 1995 Telephone # 648-2113 APPLICANT: L ( gnature) OWNER: (Signature) ACTION OF THE BOARD TED DENIED . . . . . 1�� . .� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .� .�� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . s • ow , r Ks si• 0 91►c cm • 0 3 t�ot+l,-- --^'., N / No OF MI or 6 /^ A+/ ! •� O ro ? 19 P. _, r It i7At iA 20 i ? .0 i� 0 5911c O A AI 'No 7L � . ► /i 6 SO Ai IMl Kt !0 ' ASSCS80R8 pegMAP 84 17 / Atl 39 + i8 1 57AC • Fir? (#loot utt•t ►tA �OAXLA140 P+++. / to w L 30 � �f, It1AA1 i yti.18�1A1 R040_`� • : + ' ' >A 017Ac t y1. ,�O iAo. r tIt 1 as AA . 025AC ! 20 1491 0 69Ac 84V f != (''1 O 16 30 `— + to ` 22 24 2 IIy • A MAP S 0 21 :0 95 2 S O 90Ac 0 22A At r s 0 80 t • At �. • t4 '. 8e � ^, i 10AC o 2! / a uQ t: l 9C At OQ 1 ` X iOAc ri t!S) 0 91 A i 1 1•t to t—i�__ t - .'•,— 50AC '. TAA1+7V f741f.'iV ASSCS"S AW S/ Volume 223 Page N° 51 � POW V3 A CTNT . Wwurlrr DSW � TUT�LAN%..e.,..m v...• -- - �]`/e.wa.gnu—e,• 1 V 1 V(,{/ii Zo aQ Veoplt to Wbom tbege Vregentg sbaU Come, areeting: ' - RMID fit, QU I, JAMES MATTHEWS, of the Town of South Windsor, '•.� County of Hartford and State of Connecticut and STEPHEN FILIP of the Town of South Windsor, County of Hartford and State of Connecticut for the consideration of One Dollar and other valuable considerations received to our full satisfaction of J. KIRBY HOLCOMBE, of the Town of South Windsor, County of Hartford and State of Connecticut ..4 do give,grant,bargain,sell and confirm unto the said J. 'KIRBY HOLCOMBE, his his heirs and assigns forever, three certain pieces or parcels of land located ' in the Town of South Windsor, County of Hartford and State of Connecticut, being more particularly bounded and described as follows: PARCEL ONE - 19 Oakland Road Comme c ng at a point set at the South boundary of Oakland Road, which point is marked by a Connecticut Highway Department merestone, and . which point marks the Northeast corner of premises owned by the Town of South Windsor (Sadd Memorial Library area) ; thence moving Easterly Ft in a straight line along the South boundary of said Oakland Road, a distance of One Hundred Two and Seventy-five one-hundredths (102.75) feet to a point marked by a railroad spike set in the Northwest come of premises ow?n�dFby the Shell Oil Company; thence moving South in a straight line/'t2i�`West boundary of said premises of the Shell Oil ? Company, and at an interior angle of 97*40130" a distance of One Run- dred Thirty and Forty-seven one-hundredths (130.47) feet to a point; thence moving Westerly in a straight line along the North boundary of premises owned by Marion L. Snow and at an interior angle of 95922100' a distance of Eighty-six and Twenty-two one-hundredths (86.22) feet t a point set in the East boundary of said premises owned by the Town of South Windsor; thence moving North in a straight line along the Ea g' boundary of said premises owned by the Town of South Windsor and at interior angle of 89*46105" a distance of Eighty-two and Three one- hundredths (82.03) feet to a merestone; thence moving in a Northerly direction along the East boundary of said premises owned by the Town of South Windsor a distance of Seventy-one and Nine one-hundredths (71.09) feet to the point and place of beginning. The last described boundary makes an interior angle with the first described boundary of 75020'00". Said premises are conveyed subject to a water agreement of record, an being the same premises recorded in Volume 101, page 338 of the South Windsor Land Records. PARCEL TWO - 550 Buckland Road SacT premises are more particularly described on a map entitled, "Property Surveyed for Pauline Davis Buckland Road South Windsor, Co Scale: 1 inch - 20 Feet May, 1961 Alton E Smith," which map is on file in the South Windsor Town Clerk's office and to which reference may b had. s Said premises are bounded as follows: Northerly - by land now or formerly of the Town of South Windsor, one hundred thirty-two and thirteen one-hundredths (132.13) feet; i Easterly - by land now or formerly of Clara B. Snow, eighty-sever and three one-hundredths (87.03) feeti Southerly - by land now or formerly of Clara B. Snow, one hundred twenty and eighty-five one-hundredths (120.85) feet; and ¢ Westerly - by Buckland Road, eighty-seven and eighty-five one- hundredths (87.85) feet. Being the same premises described in Warranty Deed recorded at Volume 137, page 279 of the South Windsor Land Records. t- Yolmme 223 Page N2 52 PARCEL THREE - 542 Buckland Road ommenc Mg—at a point set in the east boundary of Buakland Road which _ point marks the southwesterly corner of premises owned now or formerly by Frank A. Enes, at ux; thence moving easterly in a straight line along the southerly boundary of. said premises owned now or formerly i , by Prank A. Enes, at ux a distance of one hundred one and fifty-one oz e- r hundredths (101.51) feet to a point; thence moving northerly in a � i straight line along the easterly boundary of said premises owned now cr formerly by Frank A. Enes, at ux a distance of one hundred twenty and ninety one-hundredths (120.90) feet to a point set in the southerly boundary of premises owned now or formerly by Pauline Davis; thence moving easterly along the southerly bounds of said n• � Y Premises owned now or formerly by Pauline Davis a distance of ten (10) feet to a ' merestone; thence moving northerly along the easterly boundary of sai i' premises owned now or formerly by Pauline Davis a distance of five (5 feet to a point set in the southerly boundary of other premises owned by the grantees herein; thence moving southeasterly along the southerly boundary of said other premises owned by the grantees herein a distance of eighty-six and twenty-two one-hundredths (86.22) feet to a point set in the westerly boundary of premises owned by the Shell Oil i! Company; thence moving southerly along the westerly boundary of said premises owned now or formerly by the Shell Oil Company a distance of fifty-three and three one-hundredths (53.03) feet to a point; thence moving in a southeasterly direction along the southerly boundary of said premises owned now or formerly by the Shell Oil Company a distance of one hundred sixty-five (165) feet to a point set in the westerly boundary of premises owned now or formerly by Melvin L. Smith, at ux; thence moving southerly along the westerly boundary of said premises owned now or formerly by Melvin L. Smith, at ux a distance of ninety- one and twenty-one one-hundredths (91.21) feet to a point; thence moving westerly at an interior angle of 91*28145" a distance of two hundred twenty-nine and thirty-six one-hundredths (229.36) feet to a point; thence moivng northerly at an interior angle of 94*40145' a distance cf twenty-five (25) feet to a point marked by a merestone; thence moving northwesterly at an interior angle of 271°35'00" a distance of twenty- five and one one-hundredths (25.01) feet to a merestone; thence continuing northwesterly at an interior angle of 180° a distance of ninety and thirty-seven one-hundredths (90.37) feet to a point set in the easterly boundary of said Buckland Road; thence moving north- 4 erly along the easterly boundary of said Buckland Road a distance of fifteen and one one-hundredths (15.01) feet to the point and place of beginning. Beira the g same premises recorded in Volume 102, page 374 of the South Windsor Land Records. x i The three parcels described above are conveyed subject to building, r building line and zoning restrictions as established by public ' authority and taxes due the Town of South Windsor on the Grand List of October 1, 1976 which taxes the grantee assumes and agrees to pay as part consideration herein. Said three parcels are further conveyed subject to sewer and water caveats and liens as of record appear. 93. Conveyance Tax recehred Town Clerk of South Windsor } Volume 223 Page N2 I.- 53 �11 111 1tte ttti� to 3101b the above granted and bargained premises, with the appurtenances thereof, unto him the said grantee his successors and assigns forever,to them and their own proper use and behoof. heirs, tilB said s II, We the g do for ourselves and ourheirs, executors and administrators,covenant with the said grantee, his heirs .`' xtocosi=heirs and assigns, that at and until the ensealing of these presents, e- We are• well seized of the premises,as a good indefeasible estate in FEE SIMPLE; } and havogood right to bargain and sell the same m manner and form as is above written; r 3 and that the same is free from all incumbrances whatsoever, except as hereinbefore men- 3 Nurt4trmare, we a the said grantors do by these presents bind ourselves and our heirs,executors and administrators forever to he said WARRANT T AND DEFEND the above granted and bargained premises to demands whatsoever,except as hereinbefo entt rantee his xX=XAft,edrs and assigns,against all claims and y e Wittwils we have hereunto set cur hands and seal this y in the year of our Lord nineteen hundred a d severmy- k day of Mseven. Si ,Se I d elivered in presence of P- `Y '- arold R. ^C gs d-o J es r tt ews r ' \ Judi Zed 4 SM Ste hen Filip Mg Otatr of f omwrtirut, . L_ Q:mu ig of Hartford �88. South Windsor 'A.D. 19 77 Personally Appeared JAMES MATTHEWS Signer and Scaler of the foregoing Inwrument, and acknowkdged the same to be his free act and deed before me. Harold R. Cummings Notary Public STATE OF CONNECTICUT) Commiaaioner of the Superior Court Be. South Windsor iMA 14' A.D. 1977 M COUNTY OF HARTFORD ) o0 c Personally Appeared STEPHEN FILIP a Signer and Sealer of the forego* Instrument, and acknowledged the same to be his free act and d ed fore tne. V d Latest address of Grantee: n o rove U E Commissioner of the Superior Court No.and Street r. C;h, f' State Zip h • ,0%4 N Sf4 {vG 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 SOR•CO AREA CODE 203/644-2511 January 10, 1996 CERTIFIED #Z262392658 Emerald's Cafe Ms . Irene Guay 19 Oakland Road South Windsor, CT 06074 RE: Appl. #2311-96 - Emerald's Cafe Dear Ms . Guay: At the January 4, 1996 meeting of the South Windsor Zoning Board of Appeals, the Board approved your request for a variance to Section 3 . 21 . 1 to allow storage and sale of wine and beer within 500 feet of a church and other liquor distributors at 19 Oakland Road, RC zone. The Board felt the restaurant on the premises would provide a safer environment for the consumption of alcohol because there would then be better control of the alcoholic beverages on the property. 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, ChairmanT ` Zoning Board of Appeals RWW:dr Attmt . cc : Building Department _ r I, Robert W. Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on January 4, 1996 the Zoning Board of Appeals granted to: Emerald's Cafe, Ms . Irene Guay, a request for a variance to Section 3 .21 . 1 to allow storage and sale of wine and beer within 500 feet of a church and other liquor distributors, RC zone. on premises located: 19 Oakland Road and more particularly bounded and described as follows : , . PARCEL OSE - 19 Oakland Road Concing at a point set at the South boundary of Oakland Road, which rime ?. point is marked by a Connecticut Highway Department merestone, and . �. which point marks the Northeast corner of premises owned by the Town of South Windsor (Sadd Memorial Library area); thence moving Easterly in a straight line along the South boundary of said Oakland Road, a e? . distance of One Hundred Two and Seventy-five one-hundredths (102.75) "- feet to a point marked by a railroad spike set in the Northwest come of premises owned by the Shell Oil Company; thence moving South in a Y, straight line/' V%ost boundary of said premises of the Shell Oil r Company, and at an interior angle of 97*401300 a distance of One Hun- fired Thirty and Forty-seven one-hundredths (130.47) feet to a point; thence moving Westerly in a straight line along the North boundary of premises owned by Marion L. Snow and at an interior angle of 95"22'00' a distance of Eighty-six and Twenty-two one-hundredths (86.22) feet t a point set in the East boundary of said premises owned by the Town of South Windsor; thence moving North in a straight line along the East ar boundary of said premises owned by the Town of South Windsor and at _ interior angle of 89046905" a distance of Eighty-two and Three one- hundredths (82.03) feet to a merestons; thence moving in a Northerly j. direction along the East boundary of said premises owned by the Town of South Windsor a distance of Seventy-one and Nine one-hundredths j-. (71.09) feet to the point and place of beginning. The last described boundary makes an interior angle with the first described boundary of 75"20'00" Said premises are conveyed subject to a water agreement of record, an being the same premises recorded in Volume 101, page 338 of the South .* I Windsor Land Records. OWNER OF RECORD: Kirby J. Holcombe Dated at South Windsor, Connecticut this 12th day of January 1996 . Robert W. Warren, Chairman PUBLIC ACT #75-317 Received for Record this day of 1995 at ATTEST: TOWN CLERK