HomeMy WebLinkAboutRealty Transfer LLC Variance 4 RC5IVED
AM 18 Z0071 TOWN OF SOUTH WINDSOR
ZONING BOAR_ D OF APPEALS APPLICATION
80EINDS-ORPLANINGDEH, ®
VARIANCE Application # 7"�
® APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec'd k, hrl
Applicant Realty Transfer LLC
Address: 140 Progress Drive, Manchester, CT 06042
Telephone#: 860-645-90-90
Property Owner: Realty Transfer LLC
Address: 140 Progress Drive, Manchester, CT 06042
Telephone#: 860-645-9090
Location of Subject Property in Question: 8 Nutmeg Road South
Zone I Town GIS Pin # 65100008
1. Are there wetlands on the property? YES NO
2. Is any part of the premises within 500' of town line? HYES NO
3. Is this property within the CT Water Aquifer area? YES NO
(If yes,the applicant must file an application with the CT Water Company and submit copy with their application.)
Requesting a Variance to Zoning Regulation Section(s): i o.2
Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision:
(Attach additional sheet if needed)
Sec. 10.2 Area, yard and Height Requirements, I-Zone, 7.5 feet
side yard variance to allow a loadin I q dock structure 2.5 +/ feet
from the nropt-rty 1 ine
For Variance request only:
1. Strict application of the regulations would produce UNDUE HARDSHIP because
See na rati ra and i i-PmG 1 R 7 f 4, 7, 8, f,. I ?
2. The hardship created is UNIQUE and not shared by all properties alike in the
neighborhood because
See narrative and items 2, 3, 4, 7, 8, & 12
3. The variance would not adversely impact neighboring property; i.e. public health, safety,
convenience, welfare and property value, because
See narrative and items 2 5 6 7 & 9
Applicant's Name (please t) Realty Transfer LLC (Matt Egan, Member)
Signature Date
Property Owner's Name ease print) Realty Transfer LLC
Signature Date
DO NOT WRITE BELOW
Action of the Board: ApprovedDenied
Date lX Date
roved: Denied:
effective 511/07
DESIGN PROFESSIONALS,INC.
deli engwnrs♦planners*Mvtors
gis• gps a landscape ambiteds
To Whom It May Concern:
I hereby authorize Peter R.DeMallie of Design Professionals,Inc.,on behalf of Realty Transfer,
LLC,to sign any land use application form related to 8 Nutmeg Road South.
>3y:
4MEg
� Date: "� r� b .
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PO Box 1167,425 Sullivan Ave.,Somh Windsor,Cunoedicut 06074
Tel:(860)291-9755•Fax:(860)291-8757
www.desi rofewsionah inc_com
Book: 1867 Page: 267 1 of 5
VOL. 18 6 7 PAGE .6 7
rho
hat WARRANTY DEED
ind ..
z
x DYNAMIC REALTY LLC(hereinafter referred to as the"Grantor"),a Connecticut
limited liability company having an address of c/o Nicholas E.Munger,P.C., 1186 Crozet
' Avenue,P.O.Box 187,Crozet,Virginia 22932-0187,for One Dollar and other good and
valuable consideration paid,grants to REALTY TRANSFER,LLC(hereinafter referred to as
the"Grantee'),a Connecticut limited liability company having an address of 140 Progress Drive,
�- Manchester,Connecticut 06042,with WARRANTY COVENANTS,those certain pieces or
parcels of land collectively,known as 8 Nutmeg Road South, situated in the Town of South
Windsor,County of Hartford and State of Connecticut,together with the buildings and
< - ` improvements thereon,all as more particularly bounded and described on Schedule A
Description attached hereto and made apart hereof,subject to those encumbrances and
y. » transactions of record set forth herein
iSaid premises described in Schedule A are also conveyed subject to:
1. ' Taxes to the Town of South Windsor on the List of October 1,2006,assessed but not yet
due and payable, which taxes the Grantee herein accepts and agrees to pay as part
consideration for this deed.
=: 2. Any and all provisions of any ordinance, municipal regulation or public or private law,
including building and building line restrictions and zoning regulations.
3. Any liens for municipa]betterments assessed after the date of this deed.
In
4. Any restrictions.,easements and agreements of record.
Being the same premises conveyed as follows: Quit Claim Deed from Dynamic Controls
Corporation to Dynamic Realty,LLC by Quit Claim Deed dated and recorded April 5, 2000 in
Volume 1138, Page 294; Warranty Deed from M.G.Realty Limited Partnership to Dynamic
r - Controls Corp. dated January 25, 1988 and recorded January 26, 1988 in Volume 514,Page 446;
as explained in a Statutory Affidavit dated May 23, 2006 and recorded 12/01,2006 in Volume 18.67
Page 261 ; and further corrected by a Correcting Quit Claim Deed of Dynamic Controls
z Corporation to Dynamic Realty,LLC dated May 24,2006 and recorded 12/01 ,2006 in Volume 1867
a , at Page 264 , all of the South Windsor Land Records to which further reference should be
made.
IN WITNESS WHEREOF,the Grantor has executed this Warranty Deed as of theday of
oc7y6o�� ,2006.
s Signed,sealed and delivered in the
presence of:
€" DYNAMIC REALTY LLC
p By:
«GGGZ✓ Nicholas E.Munger
S£, its Manager
CONVEYANCE TAX RECEIVED
000 I W�IuI��I� I�VIIII���I��I�I�III NN��
STATE S15LOCAL$3 50' No. IIWNIWII�gWWIlAi1�11MIAYm1■1#IISII�
�p Doc ID: 001142490003 Type: LAN
Book 1887 Page 287 - 271
TOWN CLERK OF SOUTH WINDSOR F11e0 6789
uvv.. vv Q!ju. c,vI G Ul Z)
voL. 1867PAGE 268 y
STATE OF VlAdtoN/0
ss.
COUNTY OF446,&0 95¢4L
On this�JO day of OCTDBi� ,2006,personally appeared Nicholas E.Munger,
as the Manager of Dynamic Realty LLC,a Connecticut limited liability company,signer and
sealer of the foregoing instrument,and acknowledged the same to be his free act and deed .. `<
and the free act and deed of said company,before me. f
Notary Public
My Commission Expires: %( - (200�f
Notary Seal ;
.P
�rav� -ee�o Address
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Ma,naln�5�2tr CT o60q-.1—
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405728.3
R
' Book: 1867 Page: 267 3 of 5
*r VOL. 1867PAGE 269
Schedule A—Description
First Piece:8 Nutmeg Road South:
A certain piece or parcel of land with all the buildings and improvements thereon,situated on the
easterly side of Nutmeg Road in the Town of South Windsor,County of Hartford and State of
Connecticut,comprising five and 27/100(5.27)acres,more or less,being the two parcels of land
designated as"Presently Leased to Dynamic Controls Corporation"and"Temporarily Reserved
ua" for Future Expansion,etc."on a certain plan entitled,"Plan Showing Land Leased By Alexander
Rothstein And Maurice Greenberg,Trustee To Dynamic Controls Corporation And Also Other
Land Reserved Temporarily By Lessors For Lessee's Future Expansion—Northeast Corner,
r Pleasant Valley&Nutmeg Roads South Windsor,Connecticut—Scale: 1"= 100' January 16,
1968—Close,Jensen&Miller,Civil Engineers",which plan has been filed in the Office of the
:•, + x, _'- Town Clerk of South Windsor.Said premises are bounded and described as follows:
h Beginning at a merestone at an angle in the north line of Pleasant Valley Road,said point being
Six Hundred Seventeen and 53/100(617.53) feet east of the southwest comer of land now or
formerly owned by Pleasant Valley Realty Company,Incorporated;thence running westerly
along said northerly line of Pleasant Valley Road it distance of One Hundred Ninety-Nine and
72/100(199.72) feet to the easterly line of Nutmeg Road;thence running northerly along said
easterly line of Nutmeg Road forming an interior angle of 101°06',a distance of Seven Hundred
Ninety and 16/1 00(790.16)feet;thence running easterly along the southerly boundary of land
now or formerly of The M. G.Fealty Corporation, forming an interior angle of 90"00',a
_.' distance of Three Hundred Sixty-Seven and 74/100(367.74 feet)to the westerly line of land now
` or formerly of Edwin G.Burnham et al.;thence running southerly along said westerly boundary
¢} line of said land of said Edwin G.Burnham et al,forming a interior angle of 78* 17'25",a
distance of Eight Hundred Forty-Six and 22/100(846:22)feet to the point and place of
beginning,forming an interior angle of 80'36'35"with said northerly line of Pleasant Valley
Road.
;
i. TOGETHER WITH and SUBJECT TO an Easement to lay,maintain,operate,construct,alter,
repair and replace a sewer line,together with the right to enter on the land with said easement at
any time for the purpose of constructing,servicing,repairing or replacing said sewer line,
granted by John R.DeMattia to Dynamic Control Corporation,dated December 19, 1990 and
recorded December 24, 1990 in Volume 599,Page 338 of the South Windsor Land Records.
Said premises are also subject to:
,,_
1. Caveat for the Laying of a water main in favor of The Water Bureau of The Metropolitan
District to benefit property in the name of The M.G. Realty Corporation,dated May 23, 1958
and recorded May 26, 1958 at 9:02 a.m.in Volume 65,Page 59 of the South Windsor Land
Records.
2.Variance granted by the Zoning Board of Appeals of the Town of South Windsor to Dynamic
Controls Corporation,dated May 16, 1988 and recorded June 6, 1988 at 1:45 p.m.in Volume
527,Page 147 of the South Windsor Land Records.
3. Variance granted by the Zoning Board of Appeals of the Town of South Windsor to Dynamic
Controls Corporation,dated December 9,1991 and recorded December 16, 1991 at 1 l:55 a.m.in
Volume 622,Page 321 of the South Windsor Land Records.
405728-3
V OL
. 1-867PAGG 270
i {
j Schedule A-Description(continued)
4.Building lines,easements,notes and such matters as set forth on and/or disclosed by the map
i referenced in Schedule A-Description attached hereto as Map No. 1152B on file in the office of
the South Windsor Town Clerk.
fly
Second Piece:R003D Nutmeg Road South:
All that certain piece or parcel of land,with the improvements located thereon,located on
the easterly side of Nutmeg Road in the Town of South Windsor, Connecticut, which piece or
I� parcel is known and shown as "Lot 4"on Sheet No. 4 of I 1 on a map entitled"Plot Plan For
Nutmeg Commercial Centre Nutmeg Road & S. Satellite Rd. S. Windsor, CT Dater 5/21/87
Revision Date: 7/23/87 10/2/87 Designed by Fuss & O'Neill Inc. consulting engineers
it Manchester,Connecticut",which map is on file with the South Windsor Town Clerk as Map No.
ii 1894B.
�FG! Said Lot 4 is more particularly bounded and described as follows:
'li
Commencing at a point in the easterly line of Nutmeg Road, which point marks the
northwest.corner of the property herein described,thence running S 15' 30' 31" W along the
e easterly line of Nutmeg Road a distance of 229.33 feet to a point; .
101
jj Thence turning and running S 740 29'29"E a distance of 366.95 feet to a point;
Thence turning and running S 530 00' 59" E a distance of 45.69 feet to a point in the
IEwesterly boundary line of Lot 5 as shown on said map; '
t Thence turning and running N 15°30' 3FE along the westerly boundary of said Lot 5 a '
distance of 210.29 feet to a point in the southerly boundary line of Lot 3 as shown on said map; n
k Thence turning and running N 69°30' 00"W along the southerly boundary of said Lot 3
,• a distance of 411.02 feet to a point in the easterly line of Nutmeg Road,which point marks the
point and place of beginning.
jiq
Said premises are subject to the following: r
1. Caveat for the laying of a water main in favor of The Water Bureau of The Metropolitan
District to benefit property in the name of The M. G. Realty Corporation,dated May 23, y
1958 and recorded May 26, 1958 at 9:02 a.m. in Volume 65, Page 59 of the South
Windsor Land Records.
2. Certain restrictions and covenants as described in a Warranty Deed from The M. G.
Realty Corporation to Hartwood, Inc.,dated December 14, 1960 and recorded December
16, 1960 at 9:00 a.m. in Volume 81,Page 120 of the South Windsor Land Records.
3. Certain covenants and agreements as described in a Warranty Deed from M. G. Realty
31 !
Limited Partnership to Dynamic Controls Corp., dated January 25, 1988 and recorded -
January 26, 1988 at 4:25 p.m. in Volume 514, Page 446 of the South Windsor Land >r.
!I Records. " K.
!' 405729-3 s
Book: 1867 Page: 267 5 of 5
�N
-A-
VOL. 18 6 7PAGE 271
4. Variance granted by the Zoning Board of Appeals of the Town of South Windsor to
Dynamic Controls Corporation,dated May 16, 1988 and recorded June 6 1988 at 1:45
tp :._
> p.m.in Volume 527,Page 147 of the South Windsor Land Records.
�f S. Variance granted by the Zoning Board of Appeals of the Town of South Windsor to
Dynamic Controls Corporation, dated December 9, 1991 and recorded December 16,
1991 at 11:55 a.m.in Volume 622,Page 321 of the South Windsor Land Records.
::= 6. Building lines, easements,notes and such matters as set forth on and/or.disclosed by the
1.on reap referenced in Schedule A-Description attached hereto as Map No. 1894B on file in
or ' �: the office of the South Windsor Town Clerk.
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Narrative Statement
Zoning Board of Appeals Application
Realty Transfer,LLC
8 Nutmeg Road South
South Windsor,Connecticut
DPI Project#2412
April,2007
Specific Variance Request:
Sec. 10.2: Area, Yard and Height Requirements,I-Zone,7.5-feet side yard variance to
-allow a loading dock structure 2.5+/-feet from the property line.
Realty Transfer,LLC recently acquired the former Dynamic Controls Corp.building at 8
Nutmeg Road South. The 7.2+/-acre site and its very large industrial building(126,000
+/-square feet)with over 400 parking spaces was developed for a single user,a
manufacturing concern,which was acquired by Hamilton Sundstrand years ago. The
building is functionally obsolete for a single user, and thus is being leased for a variety of
tenants and users. The majority of the building is vacant(approximately 76,000 square
feet or 60 percent of the building.)At present there are several tenants in the building,
most notably a large office tenant in the northerly portion(General Digital),and Transfer
Enterprises in the southerly portion. The purpose of this application is to correct a
loading dock deficiency at the building. Specifically,the loading dock at the southerly
end of the building,facing Pleasant Valley Road, cannot accommodate a large semi
tractor-trailer rig(26 feet sleeper cab plus 53 feet trailer). The intent of the zoning
regulations is to have loading docks not face public streets and,therefore,the proposed
dock location on the easterly side of the building appears to be the best solution. This
dock will primarily be used for receiving shipments from suppliers,some as far away as
California. The existing loading dock area will remain.
Transfer Enterprises started in the Hartford area and currently employs over 50 people.
Their primary business is to purchase used office furniture,refurbish it,and ship it to
customers throughout the country.
The peculiar circumstances and hardships particular to this application are:
1. The present loading dock serving this immense two-story industrial building can only
accommodate large box trucks,and not large semi tractor-trailer rigs for the large
warehouse space within the building.
2. Section 6.1.5.5d of the zoning regulations reads: "Loading docks shall not face a
public highway. The above may be waived by the Commission in cases where the
proposed loading docks will not,in the opinion of the Commission,cause undue noise or
visual disruption to abutting residential or rural zones or uses;and sufficient on-site
vehicular maneuvering areas will be present. In no case shall such be permitted where
there is insufficient on-site vehicular maneuvering room,and where trucks destined to, or
coming from,loading docks require maneuvering movements within the public
highway" -
It is abundantly clear from the above zoning regulation that loading docks at this location
are not supposed to face Nutmeg Road South or Pleasant Valley Road. Of course the
building's loading dock facing Pleasant Valley Road is a non-conforming condition. The
applicant has proposed the additional loading dock on the easterly side because it is the
least-visible location for a new loading dock on the site.
3. The proposed loading dock is to serve the warehouse space which is in the southerly
half of the building. As a consequence,the loading dock cannot be placed in the
northerly half of the building,which is a two-story office building.
4.The proposed loading dock is situated at the northern-most point of the warehouse
area,which keeps the variance request to the least possible amount.
5.The proposed loading dock abuts another parcel in the industrial zone. Indeed,the
industrial zone extends well to the east of this area.
6. The proposed loading dock abuts a driveway serving another large industrial building.
7. The applicants and their design team seriously explored modifying the southerly
loading dock to accommodate the large semi-tractor trailer rigs necessary in the Transfer
Enterprises operation,or for that niatter any other warehouse type operation. This was
deemed infeasible on multiple counts,including the inherent conflict with the zoning
requirement prohibiting loading docks facing public highways(i.e.Pleasant Valley
Road),the well-known problem associated with the current loading dock which requires
box trucks to maneuver within Pleasant Valley Road which is disruptive to traffic flow
and would present a safety problem for the larger rigs,and the fact that the large rigs
would project into Pleasant Valley Road when they are at the dock.
8. The applicants and their design team also explored construction of a loading dock on
the westerly side of the building facing Nutmeg Road South and found numerous
additional variances which would be required to accommodate it including to Section
6.1.5.5d(shall not face public highways),and to Section 10.2 (front yard variance). It
also would have required removal of numerous parking spaces serving the office space
along the westerly fagade and the installation of significant pavement and loss of
landscaped areas. Essentially a semi tractor-trailer rig would have had to park somewhat
parallel to the building,which would have been unsightly.
9. Prior to applying for this variance the applicant approached the Planning Department
staff,who agreed that this was the best scenario given the existing conditions.
10. The new enclosed loading dock,approximately 32 feet by 16 feet,is designed in part
so that the semi tractor-trailer rig will miss projections on the easterly side of the
building.
11. The subject site is a corner lot,requiring two front yards and two side yards.
12. The site narrows as it approaches Pleasant Valley Road.
Thank you for your consideration of this variance application. We are convinced that
you will agree with us that there is no other practicable location on this site for a loading
dock to serve the existing warehouse area,and that the proposed location is the most
attractive and safest at this facility.
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Rpr 20 07 09: 16a Design Professionals 860-291 -8757 p. 2
P.O.BOX 1167
425 SULLIVM AVENUE
SOUTH WINDSOR,CT 416074
PHONE:860.291.8755
Is Mt 86nalsin 8757
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www.designprofessionalsi ru c.com
CIVIL & TRAFFIC ENGINEERS/ PLANNERS /SURVEYORS 1613 ANALYSTS / LANDSCAPE ARCHITECTS
Transmitted Via Certified Mail
• April 17,2007
Dear Current Abutting Property Owner:
RE: Realty Transfer LLC (Transfer Enterprises),8 Nutmeg Road South
DPI Project#2412
In accordance with Rules and Regulations of the Zoning Board of Appeals, you are
hereby notified that an application has been filed on the property abutting yours at 8
Nutmeg Road South, South Windsor, Connecticut and. is subject to a hearing by the
Zoning Board of Appeals. The application and plans arc; on file with the South Windsor
Planning Department.
All members of the public are invited to the hearing to ask questions and/or give
comments. You may also submit written comments regarding the application prior to the
hearing if you so desire. For further information regarding the specific date this
application will be heard, please contact the Planning Dc.aartment,644-2511, ext. 253.
• Sincerely,
DESIGN PROFESSIONALS, INC.
By: J///"
Peter R. DeMallie,
Principal&President
cc: M Egan, Realty Transfer LLC
J Aldrich,Aldrich Construction Company, Inc.
A Momnie, Design Professionals, Inc.
Dear Members of the Zoning Board of
Appeals:
My firm,Aerodyne Alloys,LLC of 350 Pleasant Valley Road,directly abuts the property
known as 8 Nutmeg Road South,which is the subject of a zoning variance application presently
before your agency.We have been approached by the applicant, Realty Transfer,LLC, and we
are familiar with the proposal to add a driveway and loading dock addition adjacent to our
driveway.We recognize that the building is deficient in loading dock space, and that this is the
only location that works for them in order to service their warehouse space. The existing loading
dock at the south end of the building has a short driveway which cannot accommodate larger
trucks.We have also observed the difficulty truck drivers experience when they back into that
dock from Pleasant Valley Road.This maneuver blocks traffic in both directions on Pleasant
Valley Road and is somewhat unsafe.We recognize it must remain for the shorter trucks,
however,the situation will be substantially improved by providing a new dock on the side of the
building accommodating the larger trucks. In conclusion,we would like to register our support for
this variance application.The applicant does appear to have a clear hardship.We would,
however, request that the applicant plant some arborvitae evergreens along the property line to
help screen this addition and driveway from our view, in addition to replacing the evergreens
proposed to be removed for construction.
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Appl 2699-07, Realty Transfer
8 Nutmeg Road South
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1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074
r�OSOR-CO TELEPHONE(860)644-2511
CERTIFIED #7004 1160 0002 1060 0970
June 11,2007
Design Professionals
Peter DeMallie
P.O.Box 1167
425 Sullivan Avenue
South Windsor, CT 06074
RE: Application #2699-07—8 Nutmeg Road variance
Dear Mr. DeMallie:
At the meeting of the South Windsor Zoning Board of Appeals held on June 7, 2007, the Board
approved your request for a variance to Section 10.2 of the zoning regulations to allow a loading
dock structure to be located two and a half feet ± from property line, on property located at 8
Nutmeg Road South, I zone with the following condition(s)
• The applicant shall plant evergreens along the property line to help screen the
addition from the neighboring property in addition to replacing the evergreens
proposed to be removed for construction of the loading dock. These plantings are
subject to approval of the planning department.
The Board concluded the hardship to be the lot geometry and the placement of the building.
Any new building, or alteration/additions to existing buildings,requires 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,
Thomas Berstene, Chairperson
Zoning Board of Appeals
TB:km
cc: Building Department
Realty Transfer, LLC
4
I, Thomas Berstene, Chairman of the South Windsor Zoning Board of Appeals hereby certify
that on June 7, 2007, the Zoning Board of Appeals granted with conditions to: Realty Transfer a
variance to Section 10.2 to allow a loading dock structure to be located two and a half feet f
from property line
on premises located: at 8 Nutmeg Road South, I zone.
and more particularly bounded and described as fellows:
First Piece:8 Nutmeg Road South:
A certain piece or parcel of land with Al I the buildings and improvements thereon;situated on the
easterly side of Nutmeg Road in-the Town of South Windsor;County of Hartford and State of
Connecticut,.comprising five and 27/100(5.27)acres,more or less,being the two parcels of land
designated as"Presently Leased to Dynamic Controls Corporation"and"Temporarily Reserved
for.Future Expansion,etc."on_a certain plan entitled,"Plan'Showing Land Leased By Alexander.
.Rothstein And Maurice Greenberg,Trustee To Dynamic Controls Corporation And Also Other.
Land Reserved Temporarily By Lessors For Lessee's Future Expansion—Northeast joiner,
Pleasant Valley&Nutmeg Roads:South Windsor,Connecticut Scale: 1"= 100' January 1.6,
1968—Close,Jensen&Miller,Civil Engineers",which plant has been filed in the Office of the
Town.Clerk of South Windsor.Said premises are bounded and described as follows:
Beginning at a merestone at an angle in the north line of Pleasant Valley Road,-said point being
Six Hundred Seventeen and 531-100(617.53)feet east of the southwest comer of land now or
formerly owned by.Pleasant Valley-Realty Company,-Incorporated;thence running westerly
along said.northerly line of Pleasant Valley Road a distance of One Hundred Ninety-Nine.and.
72/100(199.72)feet to.thc easterly line of Nutmeg Road;thence running northerly along said
easterly line of Nutmeg Road.forming an.interior angle of 1ofR Wt-a distance ofseven Hundred
Ninety and-16/100(79.0.16)feet;thence running easterly along'the southerly boundary of land
now or formerly of The M.G.jte$ity Corporation, forming an interior angle of 90°`00',-a
distance.of Three Hundred Sixty-Seven and 74/100(367.74 feet)to the westerly line of land now
or formerly of Edwin G.Burnham et al.;thence running southerly along said westerly boundary
.line of said land of said Edwin G.Burnham et al,forming.a interior:angle of 78°.17'25",a
distance of Eight Hundred Forty-'Six and.221100(846.22)feet to the point and place of
beginning,forming an interior angle of 97.36'35"with said northerly line of Pleasant Valley
Road.
OWNER OF RECORD: REALTY TRANSFER, LLC
Dated at South Windsor, Connecticut this 1 Ith day of June,2007.
Thomas Berstene, Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2006
at
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