HomeMy WebLinkAboutVariance (1087) s
TOWN OF SOUTH WINDSOR Application # QP)q 7-qs _
APPLICA TION FOR Date 3�1
ZONING BOARD OF APPEALS Receipt# -7a(o
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.
SECTION�T�=`GElVE1��f�PQ�A` �7�310 _}..r
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: Porter's Share Condominium Association,Inc. c/o Joan B. Cummings,President
2. Mailing Address: 59 Shares Lane, South Windsor,CT 06074
Agent for owner/applicant: Harold R. Cummings,Esq. ,1610 Ellington Rd. , South Windsor,CT
3. Telephone#: 644-1892 (Ass'n) ; Agent: 644-3473 (Attorney Cummings)
4. Owner of record of property in question: same
5. Location of property in question: Shares Lane (716 Deming Street) Note: Unit 21
Assessor's Map# 29 Parcel# 8 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. Officers: Joan B. Cummings,Pres. , Margaret
Tedone, Secretary, and Robert Bona ies,Treasurer.
7. Please indicate if the applicant is owner, lessee, or prospective tenant: Owner
1
L
SEC" O IIREQiIllIN 'UR1ti1 T70N'rconiinued` ,. . . . <> ri
$. Check one of the following:
() Request Variance to Section 4.1.1219f the Zoning Regulations to allow the existing detached
single-family dwelling to be occupied by a resident or resident - ^ _A re
than senior age. _"_
( ) State hearing under Section of the General Statutes for
( ) An appeal from the Zoning Officer's decision involving
9. Are sign(s) involved? YES or NO 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 If yes, 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? Yes
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. The Porter's Share Condominium Association's members would like to pre-
serve the rehabilitated historic residence, as approved by the ZBA & PZC in 1995,how
ever, because no senior buyer has come forward to purchase this renovated buildinci,
the association requests a variance to allow occupancy by a "gatekeeper" and, if
applicable, by his/her family. The hardship is that the historic nature of the buildi g
with four bedrooms on the second floor is better suited for a younger occupant (s) ,
as evidenqed by lick o market reception to the offer for sale. The Ass'n would like
this unit sold in the near term; all other units have been sold for 2Ate some ti
Dated this 12th day of March Year 1998
APPLICANT: � '}J����" 'O rit�Si -
(Signature)
OWNER: &2
U (Signature)
ACTION OF THE BOARD
Granted: Denied:
i
i
SCHEDULE A
PORTER'S SHARE
DESCRIPTION OF LAND
All that certain piece or parcel of land with the buildings thereon and the
appurtenances thereto, situated in the Town of South Windsor, County of
Hartford and State`of Connecticut and being shown and designated as "Lot No. 1
221,837 sq. ft. 6.09 ac." on a certain map or plan entitled, "Porter's Share Senior
Residence Development Deming Street South Windsor Connecticut Independent
Resurvey Resubdivislon Plot Plan design professionals, Inc. civil engineers -
planners - surveyors 163 south satellite road south windaor, oonneeticut 08074
Job No. 93-718 Date 1-29-95 Sheet 3/10 Rovisions No. 1 Date 2-28-95 No. 2
3-01-96 No. 3 3-20-95 No. 4 6-23-95" whicn map shall be placed on file in the
South Windsor Town Clerk's Office to which reference may be had.
Said premises are more particularly bounded and described as follows:
Commencing at a point situated in the northerly line of Deming Street
(Conn. Route 30) which point marks the southeasterly corner of land now or
formerly of Edward G. Smith and the southwesterly corner of the herein
described parcel; thence running N 18°33'30" E along land now or formerly of
Edward G. Smith a distance of 711.14 feet to a point zituated in the southerly
line of land now or formerly of Walter G. Foster :and Evelyn L. Foster; thence
running S 66°1528" E a distance of 240.16 feet to a point; thence running S
66"1618"E a distance of 95,33 feet to a point; thence running S 66°15'28" E a
distance of 96.80 feet to a point; the last three (3) courses and distances being
along land now or formerly of Walter G. and Evely !.L. Foster; thence running S
18021'49"W along land now or formerly of Church Of The Living God, a distance
of 300.59 feet to a point; thence running N 81"33'39" W along land now or
formerly of Clayton L. Zahner and Marilyn It. 7afjner airg Srj c,4n as Lot No. 3
on said map, a distance of 112.19 feet to a point; thence running S 88*01'18" W
a distance of 120.88 feet to a point; thence running S 23°15'46" W a distance of
317,33 feet to a point in the northerly line of Deming Street, the last two (2)
courses and distances being along land now or formerly of Joan B. Cummings
Trust** at al being shown on said map as Lot No. 2; thenca running N 691110'U"
W along the northerly line of Deming Street a distance of 188.00 feet to the point
or place of beginning.
QUIT CLAIM DEED 002916
TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME, GREETING:
KNOW YE, THAT I, JOAN B. CUMMINGS, TRUSTEE, of the Town of South
Windsor, County of Hartford and State of Connecticut (hereinafter
referred to as the "Releasor" )
for the consideration of NO MONETARY CONSIDERATION - - LEGAL
CONSIDERATION ONLY
received to my full satisfaction of PORTER' S SHARE, L.L.C. , a
Limited Liability Company with its principal place of business in
the Town of South Windsor, County of Hartford and State of Con-
necticut (hereinafter referred to as the "Releasee" )
do remise, release, and forever QUIT-CLAIM unto the said PORTER' S
SHARE, L.L.C. , and unto its successors and assigns forever, all
the right , title, interest , claim and demand whatsoever as
I, the said Releasor, have or ought to have in or to all that
certain piece or parcel of land known as LOT NO. 1, PORTER' S
SHARE, as more particularly described on SCHEDULE A attached
hereto and made a part hereof .
The intent of this deed is to transfer to the said Releasee all
of the interest of the Releasor in the northerly portion of
premises acquired by the Releasor by deed recorded February 11,
1993, and recorded at Volume 699 at Page 226 of the South Windsor
Land Records , as contained within Lot No . 1 , as described on
SCHEDULE A attached hereto.
TO HAVE AND TO HOLD the premises, with all the appurtenances,
unto the said Releasee, its successors and assigns forever, so
that neither I, the Releasor, nor my heirs nor any other person
under me or them shall hereafter have any claim, right or title
in or to the premises, or any part thereof, but therefrom I am
and they are by these presents forever barred and excluded.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this
167 day of June, 1995 .
Sign Sealed and Delivered
in e Prese c of _. ,,qq
C (,G oan B. Cummings, T ustee
a STATE OF 'CONNECTICUT: R
ss : South Windsor June( I , 1995
COUNTY OF HARTFORD �T
On this the day of June, 1995, before me, Harold R. Cum-
mings , the undersigned officer, personally appeared JOAN B .
CUMMINGS, TRUSTEE, known to me to be the person whose name is
subscribed to the within instrument and acknowledged that she
executed the same for the purposes therein contained.
In witness whereof I have here to set 4 hand.
a ld R. Cummings
C issioner of the Superior Court
Grantee Address:
1610 Ellington Road
South Windsor, CT 06074 CONVEYANCE TAX RECEIVFD
f1TA $_.�.:....._L0UAL 6 _, .-NO�
TOWN CLERK OF SOUTH WINDSOR
4
a
QUIT CLAIM DEED
JOAN B. CUMMINGS, TRUSTEE
TO
PORTER'S SHARE, L.L.C.
Dated: June 29, 1995
After recording please return to:
Attorney Harold R. Cummings
Cummings and Lanza, L.L.C.
1610 Ellington Road - P.O. Box 667
South Windsor, CT 06074
41 PAUL e�
SCHEDULE A
DESCRIPTION OF LAND
All that certain piece or parcel of land with the buildings thereon and the
appurtenances thereto, situated in the Town of South Windsor, County of
Hartford and State of Connecticut and being shown and designated as "Lot No. 1
221,837 sq. ft. 5.09 ac." on a certain map or plan entitled, "Porter's Share Senior
Residence Development Deming Street South Windsor Connecticut Independent
Resurvey Resubdivision Plot Plan design professionals, inc. civil engineers -
planners - surveyors 165 south satellite road south windsor, connecticut 06074
Job No. 93-718 Date 1-29-95 Sheet 3/10 Revisions No. 1 Date 2-28-95 No. 2
3-01-95 No. 3 3-20-95 No. 4 6-23-95" which map shall be placed or file in the
South Windsor Town Clerk's Office to which reference may be had.
Said premises are more particularly bounded and described as follows:
Commencing at a point situated in the northerly line of Deming Street
(Conn. Route 30) which point marks the southeasterly corner of land now or
formerly of Edward G. Smith and the southwesterly corner of the herein
described parcel; thence running N 18033'30" E along land now or formerly of
Edward G. Smith a distance of 711.14 feet to a point situated in the southerly
line of land now or formerly of Walter G. Foster and Evelyn L. Foster; thence
running S 66°15'28" E a distance of 246.16 feet to a point; thence running S
66015'28"E a distance of 95.33 feet to a point; thence running S 66015'28" E a
distance of 96.80 feet to a point; the last three (3) courses and distances being
along land now or formerly of Walter G. and Evelyn L. Foster; thence running S
18021'49" W along land now or formerly of Church Of The Living God, a distance
of 300.59 feet to a point; thence running N 81°33'39" W along land now or
formerly of Clayton L. Zahner and Marilyn G. Zahner being shown as Lot No. 3
on said map, a distance of 112.19 feet to a point; thence running S 88001'18" W
a distance of 120.88 feet to a point; thence running S 23015'46" W a distance of
317.33 feet to a point in the northerly line of Deming Street, the last two (2)
courses and distances being along land now or formerly of Joan B. Cummings
Trustee et al being shown on said map as Lot No. 2; thence running N 69010'44"
W along the northerly line of Deming Street a distance of 188.00 feet to the point
or place of beginning.
RECEIVED FOR t �CO '
R'11C� J (' t�� -j
descrip.doc/porter's
ASSISTANT TOWN CLE. K
10W N St4
C x F
G
1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SpR.Cp� AREA CODE 860/644-2511
March 16, 1998
CERTIFIED #P462497944
Town of Manchester
Town Clerk
41 Center Street
Manchester, CT 06040
RE: Application #2397-98 - Porter's Share Condominium
Association, Inc., c/o Joan Cummings, Unit 21, Shares Lane,
located at 716 Deming Street, RR Zone.
Dear Sir/Madam:
Enclosed please find a copy of a legal notice for a public hearing to be held on
April 2, 1998. Application # 2397-98 is requesting for a variance to Section
4.1.12 b to allow a single family dwelling to be occupied by a resident or
residents who are less than senior age at Unit 21, Shares Lane, located at 716
Deming Street, RR Zone.
Very truly yours,
Marjoi' Anthony, Chairpei on
Zoning Board of Appeals
MA:dr
LEGAL NOTICE
For Publication in the Journal Inquirer on Saturday, March 21, 1998 and
Monday, March 30, 1998.
TOWN OF SOUTH WINDSOR
ZOMNG BOARD OF APPEALS
Notice is hereby given that there will be a public hearing of the Zoning Board of
Appeals on Thursday, April 2, 1998, at 7:30 p.m. in the Town Council
Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue.
1. Appl. #2395-98 -Arthur B. Scheer, ABS Auction Group, Inc., request for a
State Hearing under Section 10-55 and 3.13 of the Zoning Regulations to
allow a used car dealers license for auctions of vehicles, on property located
at 24 Jeffrey Drive, I Zone.
2. Appl. #2396-98 - Charles Henley, request for a 12'variance to Section
4.5.3.d to allow a deck 53' from the property line (40' setback and 25' buffer
required) at 26 Fitch Meadow Lane, DR Zone.
3. Appl. #2397-98 - Porter's Share Condominium Association, Inc., c/o Joan
B. Cummings, 59 Shares Lane, request for a variance to Section 4.1.12 b to
allow a single family dwelling to be occupied by a resident or residents who
are less than senior age, at Unit 21, Shares Lane, located at 716 Deming
Street, RR Zone.
Copies of these applications are on file in the office of the Planning Department
of the Town of South Windsor. At this hearing, interested persons may appear '
and be heard and written recommendations will be received.
Marjorie Anthony, Chairperson
Zoning Board of Appeals
„ a
`OWN Se
� w F
O
ti 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074
SOR•CO�
AREA CODE 860/644-2511
April 20, 1998
CERTIFIED #P462497947
Porter's Share Condominium Association, Inc.
c/o Joan B. Cummings
59 Shares Lane
South Windsor, CT 06074
Re: Appl. #2397-98—Porter's Share Condominium Associations,Inc.
Dear Ms. Cummings:
At the meeting of the South Windsor Zoning Board of Appeals held on April 15, 1998, the Board
approved your request with conditions for a variance to Section 4.1.12 b to allow a single family
dwelling to be occupied by a resident or residents who are less than senior age, at Unit 21, Shares
Lane, located at 716 Deming Street, RR Zone.
The Board concluded the hardship to be that the property does not lend itself for ownership by
someone of senior citizen age because of the size of the house and the stairs to the second floor
bedrooms.
The Board placed the following conditions on the application:
1. Unit 21 is to be the only unit that allows someone under the senior citizen age to occupy
the residence.
2. The property will still be considered Unit 21 within the complex.
3. The owner must be a member of the Condominium Association.
4. The owner must abide by all the Association rules and regulations.
This approval is subject to site plan approval by the Planning &Zoning Commission.
Any new building, or alteration/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,
Mar orf�Anthony, Chai er n
Y �
Zoning Board of Appeals
MA:dr
cc: Building Department
I, Marjorie Anthony, Chairperson of the South Windsor Zoning Board of Appeals hereby certify
that on April 15, 1998, the Zoning Board of Appeals granted to: Porter's Share Condominium
Association, Inc., c/o Joan B. Cummings, a variance to Section 4.1.12 b to allow a single family
dwelling to be occupied by a resident or residents who are less than senior age, RR Zone.
on premises located: Unit 21, Shares Lane, 716 Deming Street
Conditions placed on the application:
1. Unit 21 to be the only unit that allows someone under the senior citizen age to be
occupied.
2. The property will still be considered Unit 21 of the total subdivision.
3. The owner must be a member of the Condominium Association.
4. The owner must abide by all the Association rules and regulations.
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: B &M Enterprises
Dated at South Windsor, Connecticut this 20th day of April 1998.
Marjor Anthony, Chairpe�ors
PUBLIC ACT#75-317
Received for Record this day of 1998
at
VOLUME
PAGE
TOWN CLERK
SCHEDULE A
DESCRIPTION OF LAND
All that certain piece or parcel of land with the buildings thereon and the
appurtenances thereto, situated in the Town of South Windsor, County of
Hartford and State of Connecticut and being shown and designated as "Lot No. 1
221,837 sq. ft. 5.09 ac." on a certain map or plan entitled, "Porter's Share Senior
Residence Development Deming Street South Windsor Connecticut Independent
Resurvey Resubdivision Plot Plan design professionals, inc. civil engineers -
planners - surveyors 165 south satellite road south windsor, connecticut 06074
Job No. 93-718 Date 1-29-95 Sheet 3/10 Revisions No. 1 Date 2-28-95 No. 2
3-01-95 No. 3 3-20-95 No. 4 6-23-95" which map shall be placed on file in the
South Windsor Town Clerk's Office to which reference may be had.
Said premises are more particularly bounded and described as follows:
Commencing at a point situated in the northerly line of Deming Street
(Conn. Route 30) which point marks the southeasterly comer of land now or
formerly of Edward G. Smith and the southwesterly corner of the herein
described parcel; thence running N 18033'30" E along land now or formerly of
Edward G. Smith a distance of 711.14 feet to a point situated in the southerly
line of land now or formerly of Walter G. Foster and Evelyn L. Foster; thence
running S 66015'28" E a distance of 246.16 feet to a point; thence running S
66"15'28"E a distance of 95.33 feet to a point; thence running S 66015'28" E a
distance of 96.80 feet to a point; the last three (3) courses and distances being
along land now or formerly of Walter G. and Evelyn L. Foster; thence running S
18°21'49" W along land now or formerly of Church Of The Living God, a distance
of 300.59 feet to a point; thence running N 81°33'39" W along land now or
formerly of Clayton L. Zahner and Marilyn G. Zahner being shown as Lot No. 3
on said map, a distance of 112.19 feet to a point; thence running S 88°01'18" W
a distance of 120.88 feet to a point; thence running S 23°15'46" W a distance of
317.33 feet to a point in the northerly line of Deming Street, the last two (2)
courses and distances being along land now or formerly of Joan B. Cummings
Trustee et al being shown on said map as Lot No. 2; thence running N 69010'44"
W along the northerly line of Denning Street a distance of 188.00 feet to the point
or place of beginning.
RECE':u FOR hECOAD �—t !g cI S
descrip.doc/porters
AT /a :3 S P. !n-
OS
cISTAW TOWN CLERK