HomeMy WebLinkAboutVariance (1048) TOT i�1V OF SOUTH WINDSOR Application # Q?��(o q -7
APPLICATION FOR Date
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.
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: Town of South Windsor/Matthew B. Galligan, Town Manager
2. Mailing Address: 1540 Sullivan Avenue
South Windsor, CT 06074
3. Telephone#: 644-2511
4. Owner of record of property in question: Town of South Windsor
3 0.3
5. Location of property in question: 3-3-3 Troy Road
Assessor's Map# J—)J Parcel# I Zone RR
6. Is applicant a corporation or co-partnership?(If Corporation, submit a list of officers. If co-partnership,
submit a list of owners). Corporation
7. Please indicate if the applicant is owner, lessee, or prospective tenant: Owner
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8. Check one of the following:
(�) Request Variance to Section 10.2 of the Zoning Regulations to allow_12, vnr;nnce to
allow an existing garage to be 9' from a new property line 20 feet required
O State hearing under Section of the General Statutes for
O 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 Ifyes, submit a list of the liquor outlets, their locations and distances from the
property in question.
11. Is this property within 500 feet of another town line? No.
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.
Dated this day of 1 Year
APPLICANT:
(Signature)
OWNER:
(Signature)
ACTION OF THE BOARD
Granted: Denied:
i
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Town of South Windsor
Request for Variance/313 Troy Road(Barton Property)
In July 1997,the Town of South Windsor purchased the Barton Property on Troy Road. The
purchase consisted of four separate properties (see attached Map A):
♦ Parcel No. 1, 30.73 acres at 313 Troy Road(including an existing residence and garage)
♦ Parcel No. 2, 13.14 acres with frontage on Brookfield Street,no existing buildings
♦ Parcel No. 3, 4.03 acres at 333 Troy Road(including an existing residence and garage),
and
♦ Parcel No. 4, 0.29 acre with frontage on Troy Road.
The two residences had been held within the Barton family prior to their conveyance to the
Town.
Parcel No. 1 (313 Troy Road) is the subject of this variance request.
The Town Council has decided to subdivide and sell the two existing residences at 313 and 333
Troy Road. As can be seen from Map A, the property boundaries for these two lots are at an
oblique angle to Troy Road, and 333 Troy Road is nonconforming to the lot frontage
requirements in the RR zone (120.33 feet existing, 175 feet required). Although these two
residences have existed with their oblique property boundaries for quite some time, they have
done so within the confines of related families.
It is readily apparent that the oblique property lines are in no one's best interests. Of particular
concern is the location of the garage that is currently part of the property at 333 Troy Road. The
garage is located directly behind the residence at 313 Troy Road, and a site visit demonstrates
readily that the garage appears to belong with 313 Troy Road. Also, the property that appears to
be the front yard of 333 Troy Road is actually owned by 313 Troy Road(see Map A). The
electrical service for 333 Troy Road crosses over the property owned by 313 Troy Road.
Now that the property is being subdivided for sale to the general public, the Town Council wants
to take this opportunity to realign the property lines so that they are more nearly perpendicular to
Troy Road(see Map B).
The realignment of the lot lines would have several benefits:
♦ The lot lines would be more nearly perpendicular to Troy Road, thus creating"typical"
lots;
♦ The nonconforming frontage at 333 Troy Road would become conforming;
♦ The garage that appears to belong with 313 Troy Road would now be part of that
property; and the front yard that appears to belong with 333 Troy Road would now
belong to that address.
A variance is required in order to do this,however, due to the location of the existing septic
system for 333 Troy Road. The distance between the septic system and the garage is about 20±
feet. The State Public Health Code requires that a separating distance of 10 feet be maintained
between a septic system and a property line. Therefore,there are only at most about 10 feet
available for a side yard setback(20 feet required). There is a hardship in that the septic system
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and the garage are both existing structures, and the existing oblique lot lines are only conducive
to a"family"ownership arrangement,whereby two related families purchase the two residences.
If the variance is not granted, the lot lines would be reconfigured as shown on Map C,resulting
in awkward, impractical lots.
Barton Property
Legal Description
Q� Parcel
Beginning at a point, said point being the southwest corner of said Parcel 1, said point also
being the remains of a brown stone; thence S 67° 58' 32" E , along property now or formerly of
Terry A. & Sandra H. Files, a distance of 958.57 feet to a brown stone; thence 67' 59' 54" E,
along property now or formerly of Ronald F. and Jean A. Burnham and property now or formerly
of Richard J. and Lisa Damiano and property now or formerly of Irene C. Cameron, partly by
each, in all 742.90 feet to a point in the westerly street line of Brookfield Street; thence
N 28' 34' 32" E, along the westerly street line of Brookfield Street 133.51 feet to a point; thence
along a curve to the left having a central angle of 23' 01' 22" and a radius of 825.00 feet, along the
westerly street line of Brookfield Street, 331.50 feet to a point; thence N 05° 33' 10" E along the
westerly street line of Brookfield Street, 209.17 feet to a point;.thence N 67°46' 40" W, along
Parcel 2, a distance of 551.04 feet to a point; thence N 68° 14' 10" W, along Parcel 1 and Parcel 2,
partly by each, in all 1830.57 feet to a point in the easterly street line of Troy Road; thence along
a curve to the right having a central angle of 20' 57 21" and a radius of 1415.00, along the
easterly street line of Troy Road, 517.53 feet to a point; thence S 21° 33' 21" E along the easterly
street line of Troy Road, a distance of 487.38 feet to the remains of a brown stone being the point
and place of beginning.
Parcel 2
Beginning at a point in the northeast corner of the parcel and also being a point in the
westerly street line of Brookfield Street; thence N 69' 26' 5 3" W along property now or formerly
of the Town of South Windsor, a distance of 207.51 feet to a point; thence N 68° 09' 25" W,
along property now or formerly of the Town of South Windsor, a distance of 865.99 feet to a
point; thence N 67° 34' 30" W along property now or formerly of the Town of South Windsor, a
distance of 219.54 feet to an iron pipe; thence N 68° 19' 48" W a distance of 279.35 feet to a -
point; thence N 66° 58' 37" W, along property now or formerly of the Town of South Windsor, a
distance of 81.41 feet to a point; thence S 39' 59' 57" W along Parcel 3, a distance of 105.42 feet
to a point; thence S 36' 58' 55"W along Parcel 3, a distance of 105.66 feet to a point; thence S 44°
31' 56" W, along said parcel 3 a distance of 93.07 feet to a point; thence S 21° 53' 10" E, along
Parcel 3, a distance of 57.47 feet to a point; thence S 68' 14' 10" E, along Parcel 1, a distance of
1256.65 feet to a point, thence S 67° 46' 40" E along said Parcel 1, a distance of 551.04 feet to a
point; thence N 05' 33' 10" E, along the westerly street line of Brookfield Street, a distance of
347.01 feet to the point and place of beginning.
1
Parcel # 3
beginning at a point being the northeast corner of Parcel 3; thence S 76° 57' 48" W along
property now or formerly of CONRAIL, a distance of 492.32 feet to a point in the easterly street
line of Troy Road; thence S 43° 39' 03" E, along the easterly street line of Troy Road, a distance
of 106.26 feet to a point; thence along a curve to the right having a central angle of 01°08'22" and
a radius of 1415.00 feet, along the easterly street line of Troy Road, a distance of 28.14 feet to a
point; thence S 68°14'10" E , along Parcel 1, a distance of 573.92 feet to a point ; thence
N 21° 53' 10" W, along Parcel 2, a distance of 57.47 feet to a point; thence N 44° 31' 56" E along
Parcel 2, a distance of 93.07 feet to a point; thence N 36°58'55" E along Parcel 2, a distance of
105.66 feet to a point; thence N 39` 59' 57" E, along Parcel 2, a distance of 105.42 feet to a point;
thence N 66° 58'37" W, along property now or formerly of the Town of South Windsor, a
distance of 348.91 feet to the point and place of beginning.
Parcel # 4
Beginning at a point in the westerly street line of Troy Road, said point being west of a
brown stone by a distance of 3.04 feet and south of the said stone a distance of 1.81 feet, and said
point being the northeast corner of Parcel 4; thence along a curve to the right having a central
angle of 9° 15' 02" and a radius of 1365.00 feet along the westerly street line of Troy Road, a
distance of 220.38 feet to a point; thence N 65' 37' 3 8" W along property now or formerly of
Andre L. Charbonneau a distance of 177.20 feet to a brown stone; thence N 27' 19' 16" E, along
property now or formerly of said Charbonneau, a distance of 140.05 feet to the point and place of
beginning.
SOW N se
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fi 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR-CO AREA CODE 860/644-2511
September 15, 1997
CERTIFIED # P462497838
Town of South Windsor/Matthew Galligan
1540 Sullivan Avenue
South Windsor, CT 06074
Re: Appl. #2366-97—Town of South Windsor/Matthew Galligan, 313 Troy Road, RR Zone.
Dear Matt:
At the meeting of the South Windsor Zoning Board of Appeals held on September 4, 1997, the Board
approved your request for a 11' variance to Section 10.2 to allow an existing garage to be 9' from a new
side property line (20' required) at 313 Troy Road, RR Zone.
Approval is contingent on the Planning and Zoning Commission approving the site plan as shown on the
Map B which was submitted with the application drawn up by Design Professionals.
The Board concluded the hardship to be as follows: The proximity of the existing septic system and the
oblique property lines existing on the property make it difficult to arrange the boundary lines in a
conforming manner.
Any new building, or alterations/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,
Joseph J. Carino, Chairman
Zoning Board of Appeals
JJC:dr
cc: Building Department
v
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I,Joseph J. Carino, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on
September 15, 1997, the Zoning Board of Appeals granted to: Town of South Windsor/Matthew
Galligan, a 11' variance to Section 10.2 to allow an existing garage to be 9' from a new side property
line (20' required), RR Zone.
on premises located: 313 Troy Road
Condition: Approval is contingent on the Planning and Zoning Commission approving the new
boundary lines as shown on the map.
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: Town of South Windsor
Dated at South Windsor, Connecticut this 15th day of September 1997.
Gr
Z-fL� CiJ(�LC<'LL,
Jos h J. Carino, Chairman
PUBLIC ACT#75-317
Received for Record this day of 1997
at
VOLUME
PAGE
TOWN CLERK
Barton Property
Legal Description
Parcel I
Beginning at a point, said point being the southwest corner of said Parcel 1, said point also
being the remains of a brown stone; thence S 67' 58' 32" E , along property now or formerly of
Terry A. & Sandra H. Files, a distance of 958.57 feet to a brown stone; thence 6r 59' 54" E,
along property now or formerly of Ronald F. and Jean A. Burnham and property now or formerly
of Richard J. and Lisa Damiano and property now or formerly of Irene C. Cameron, partly by
each, in all 742.90 feet to a point in the westerly street line of Brookfield Street; thence
N 28' 34' 32" E, along the westerly street line of Brookfield Street 133.51 feet to a point; thence
along a curve to the left having a central angle of 23° 0V 22" and a radius of 825.00 feet, along the
westerly street line of Brookfield Street, 331.50 feet to a point; thence N 05° 33' 10" E along the
westerly street line of Brookfield Street, 209.17 feet to a point;.thence N 67°46'40" W, along
Parcel 2, a distance of 551.04 feet to a point; thence N 68° 14' 10" W, along Parcel 1 and Parcel 2,
partly by each, in all 1830.57 feet to a point in the easterly street line of Troy Road; thence along
a curve to the right having a central angle of 20° 57' 21" and a radius of 1415.00, along the
easterly street line of Troy Road, 517.53 feet to a point; thence S 21° 33' 21" E along the easterly
street line of Troy Road, a distance of 487.38 feet to the remains of a brown stone being the point
and place of beginning.
Parcel 2
Beginning at a point in the northeast corner of the parcel and also being a point in the
westerly street line of Brookfield Street; thence N 69° 26' 53" W along property now or formerly
of the Town of South Windsor, a distance of 207.51 feet to a point; thence N 68°09' 25" W,
along property now or formerly of the Town of South Windsor, a distance of 865.99 feet to a
point; thence N 67' 34' 30" W along property now or formerly of the Town of South Windsor, a
distance of 219.54 feet to an iron pipe; thence N 68° 19' 48" W a distance of 279.35 feet to a -
point; thence N 66° 58' 37" W, along property now or formerly of the Town of South Windsor, a
distance of 81.41 feet to a point; thence S 39° 59' 57" W along Parcel 3, a distance of 105.42 feet
to a point; thence S 36° 58' 55"W along Parcel 3, a distance of 105.66 feet to a point; thence S 44°
31' 56" W, along said parcel 3 a distance of 93.07 feet to a point; thence S 21° 53' 10" E, along
Parcel 3, a distance of 57.47 feet to a point; thence S 680 14' 10" E, along Parcel 1, a distance of
1256.65 feet to a point; thence S 6 r 46'40" E along said Parcel 1, a distance of 551.04 feet to a
point; thence N 05° 33' 10" E, along the westerly street line of Brookfield Street, a distance of
347.01 feet to the point and place of beginning.