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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 1 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 I 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 1 e T 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 � x F O • G U 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 • 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.