HomeMy WebLinkAboutVariance (1114) RECEIVED
JUN 0 8 2006
TOWN OF SOUTH WINDSOR Som
Application# Vo "Wt 167{p
APPLICATION FOR Date &- &.,--0 6
ZONING BOARD OF APPEALS Receipt# ql
IMPORTANT.- This application must be submitted to the Planning Department by the second Thursday of the
preceding month to insure being heard at the next meeting.
ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED.
SECTION-GENERAL IIVFORMA?.70N",.v�. : ,, , °
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, dimensions, 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 the land 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.
• rInquiries on this application may be directed to the Planning Department at the South Windsor
Town Hall.
5. No application shall be a complete application unless it shall be in such form and contain such
information as necessary for a fair determination of the issues. Incomplete applications may be
denied.
SECTION II-REQUIRED INFORMATION ? ` J
1. Applicant: Al Kupchunos and Walter Kupchunos
2. Mailing Address: c/o Wayne Christopher Gerlt, Esquire
p, 0. box
South Windsor, CT 06074 R AN N ED
3. Telephone#: (860) 644-2565
4. Owner of record of property in question: Susan Kupchunos and Marylou Kupchunos
5. Location of property in question: 178 Graham Road
Assessor's Map# 11.3 Parcel# 97 Zone A-20
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners). No
ji
SECTIU�V�I : '.,Q�.IREl�~ k,�rl� .,�� �rtcrt
7. Please indicate if the applicant is owner, lessee, or prospective tenant:
8. Check one of the following:
(x) Request Variance to Section 10.2 of the Zoning Regulations to allow Lot 3 with 5' of
frontage
( ) State hearing under Section of the General Statutes for
( ) An appeal from the Zoning Officer's decision involving
9. Is this a request for a sign variance? If yes, complete and submit the sign checklist information.
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 liquor outlets, their locations and distances from the
property in question.
11. Is this property within 500 feet of another town line? No
12. Is this property within the Connecticut Water Aquifer area? Yes or� If yes, application must be filed
with the Connecticut Water Company by the applicant.
13. 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.
A 95' variance of the Lot width for Lot 3. This warehouse parcel is land locked
and only 5/ of frontage is available for Lot 3 in order to keep Lots 1 and 2 as
fully conforming lots. Three lots are needed to provide for the removal of the
wareNse and clean L2 of the property since there ulations avebeen interprete
to Drevent commerciai use.
SECTION III DATES AND SIGNATURES r.
I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this `d Y of June a `ear 2006
Applicant: ,
Al Kupc unos atur Wa er Kupchunos
OWNER:
( igna re) Wayne C. Gerlt
SECTION IV—ACTIONOF.T>FIEBOARD'� � s'
Approved: C l ? Denied:
Revised 12/04/98
SCHEDULE A
178 Graham Road, South Windsor, CT
Commencing at a point set in the east boundary of said Graham Road which point marks
the southwest corner of premises owned now or formerly by Dominick and Julia Kutyla and
which point is approximately One Hundred Twenty-five and twenty-three one-hundredths
(125.23)feet as measured southerly along the east side of Graham Road from the south boundary
of Hayes Road; thence moving south 740 17' E. along the south boundary of said land of said
Kutyla, a distance of Three hundred thirty (330) feet to a point which is the southeast corner of
said premises of said Kutyla; thence continuing south 740 17' E. along land owned now or
formerly by Murray Sonnenberg, et al, a distance of Sixty-five and ninety-six one-hundredths
(65.96) feet to a point; thence moving south 190 43' W. along said land owned now or formerly
by Murray Sonnenberg, et al, a distance of Two hundred thirty-eight and forty one-hundredths
(238.40) feet to a point; thence moving north 70° 17' W. along said land owned now or formerly
by Murray Sonnenberg, et al a distance of Three hundred ninety-five (395) feet to a point set in
the east boundary of said Graham Road; thence moving north 19° 43' East along the east
boundary of Graham Road, a distance of Two hundred ten and seventy-seven one-hundredths
(210.77) feet to the point and place of beginning.
Said premises are conveyed subject to building, building line and zoning restrictions of
said Town of South Windsor; taxes on the Grand List of 10/1/2002 which taxes are not yet due
and payable; and to a Sewer Caveat to the Town of South Windsor recorded on April 18, 19i3 in
Volume 164 at Page 81.
Being the same premises conveyed to Walter Kupchunos by deed of Kupchunos
Brothers, Incorporated dated June 28, 1983 and recorded in Volume 340 at Page 27 of said land
records, and further being the same premises conveyed to Paul Kupchunos by deed of
Kupchunos Brothers, Incorporated dated June 28, 1983 and recorded in Volume 340 at Pam 30
of said land records. Further reference is made to a Quit Claim Deed dated May 30, 1995 and
recorded in Volume 845 at Page 186 of said land records.
Said premises are also known as 178 Graham Road.
SOW N SC
s
w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
��OsoR-CO TELEPHONE(860) 644-2511
July 11,2006
CERTIFIED#70042510000398029615
Wayne Gerlt, Esquire
P.O. Box 1132
South Windsor, CT 06074
RE. Application#2684-06—Al Kupchunos and Walter Kupchunos, 178 Graham Road,A-20 zone
Dear Attorney Gerlt:
At the meeting of the South Windsor Zoning Board of Appeals held on July 6, 2006, the Board approved
your request for a 95'variance to section 10.2 to allow lot#3 with 5'of frontage,at 178 Graham Road,A-
20 zone.
The Board concluded the hardship to be as follows:
1. Application of the zoning regulations to this lot would preclude converting from agricultural use to
a viable subdivision.
2. The change in use of this property would be in harmony with the neighborhood as far as size and
use in the zone and would be an improvement to the neighborhood.
3. This plan conforms to residential usage as shown in the town's Plan of Conservation and
Development.
The Board placed the following condition on this application:
1. The existing warehouse structure must be removed within 365 days of subdivision approval by
the Planning &Zoning Commission
2. The plan must be consistent with the subdivision plan dated May 19, 2006 presented at this
meeting.
3. This approval is subject to all other conditions of the Settlement Agreement dated February,
2006.
These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own
expense.
Very truly yours,
, Amaj �-/0(/-
Thomas Berstene, Chairperson
Zoning Board of Appeals
TB:dr
cc: Building Department
Attorney Thomas Fahey
I, Thomas Berstene, Chairman of the South Windsor Zoning Board of Appeals hereby certify
that on July 6, 2006, the Zoning Board of Appeals granted to: Al Kupchunos & Walter
Kuphunos, a 95' variance to section 10.2 to allow lot#3 with 5' of frontage, A-20 zone.
Conditions: 1) The existing warehouse structure must be removed within 365 days of
subdivision approval by the Planning & Zoning Commission; 2) The plan must be consistent
with the subdivision plan dated May 19, 2006 presented at this meeting; and 3) This approval
is subject to all other conditions of the Settlement Agreement dated February, 2006.
on premises located: 178 Graham Road
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: Mary Lou Kupchunos & Susan M. Kupchunos
Dated at South Windsor, Connecticut this 11th day of July, 2006.
Thomas Berstene, Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2006
at
VOLUME
PAGE
TOWN CLERK
SCHEDULE A
178 Graham Road, Sough Windsor, CT
Commencing at a point set in the east boundary of said Graham Road which point marks
the southwest cornet' of Premises owned now or formerly by Dominick and Julia Kutyla and
which point is approximately One Hundred Twenty-five and twenty-three one-hundredths
(125.23)feet as measured southerly along the east side of Graham Road from the south boundary
of Hayes Road; thence moving south 740 17' E. along the south boundary of said land of said
Kutyla, a distance of Three hundred thirty(330) feet to a point which is the southeast conxr of
said premises of said,-Kutyla; thence continuing south 74° 17' E. along land owned now or
formerly by Murray Sonnenberg, et al, a distance of Sixty-frve and ninety-six one-hundredths
(65.96) feet to a point; thence moving south 190 43' W. along said land owned now or formerly
by Murray Sonnenberg, et al, a distance of Two hundred thirty-eight and forty one-hundredths
(238.40) feet to a point; thence moving north 70017' W.along said land owned now or formerly
by Murray Sonnenberg, et al a distance of Three hundred ninety_five (395) feet to a point set in
the east boundary of said Graham Road; thence moving north 190 43' East along the east
boundary of Graham Road, a distance of Two hundred ten and seventy-seven one-hundredths
(210.77)feet to the point and place of beginning.
Said premises are conveyed subject to building, building line and zoning restrictions of
said Town of South Windsor, taxes on the Grand List of 10/1/2002 which taxes are not yet due
and payable; and to a Sewer Caveat to the Town of South Windsor recorded on April 18, 19 in
Volume 164 at page 81.
Being the same premises conveyed to Walter Kupchunos by deed of Kupchmros
Brothers, Incorporated dated June 28, 1983 and recorded in Volume 340 at Page 27 of said land
records, and further being the same premises conveyed to Paul Kupchunos by deed of
Kupchunos Brothers, Incorporated dated June 28, 1983 and recorded in Volume 340 at Page 30
of said land records. Further reference is made to a Quit Claim_ Deed dated May 30, 1995 and
recorded in Volume 845 at Page 186 of said land records.
Said premises are also known as 178 Graham Road.
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Town of South Windsor General Map N CONDOS
Connecticut
)FORP178 Graham RoadPARCELS
; Date Printed: June 20,2006
0 200 Feet~2 ROAD NAMES
Property boundaries are derived from the Town of South Windsor Tax Assessor maps,digitized at a scale of 1 inch=100 feet,and include the same data limitations and disclaimer as the Assessors maps.
All other data portrayed is representation only and,due to inherent mapping limitations,should be used as a guide only. The intent of this map is to present a graphical representation of property boundarie
and selected data,and the map is subject to change as more accurate surveys may disclose. Property boundaries mapped as of June 4,2001.
July 6, 2006
39 Locust Street
South Windsor, CT 06074
To the Members of the Zoning Board of Appeals
Town of South Windsor
As residents of this town with property abutting Mr. Kupchunos' land parcel on
Graham Road, we urge you to grant Mr. Kupchunos his variance to build single
family homes on said parcel. Our neighborhood is residential and in keeping with
that zoning, we strongly feel that granting his variance would be beneficial to our
neighborhood and in fact, the Town of South Windsor.
The use of this land as agricultural severely affects the enjoyment of our home in
that the fertilizer used makes our entire neighborhood smell, thus adversely
impacting the outdoor use of our home. The odor was horrible; as I am sure you
have been informed by many other residents.
Again, we strongly urge you to grant Mr. Kupchunos' variance and allow our
neighborhood to thrive as residential.
Thank you for your time and consideration.
Sincere, ,
teven P. Roy
M g6ret M. Roy
mr