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
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Volume 223 Page N° 51
� POW V3 A CTNT . Wwurlrr DSW � TUT�LAN%..e.,..m v...• --
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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