HomeMy WebLinkAboutRSK-KELLCO 350 Buckland Rd ZBA RECEIVED
TOWN OF SOUTH WINDSOR AUG 11 201-1
ZONING BOARD OF APPEALS APPLICATIONS" DSORP�INNiNGDEPT,
® VARIANCE
Application #3 1150A-'
® APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec'd ' -Ii ► I
Applicant: __ usx-xELLCo Inc
Address: 1744 Ellington Road South Windsor CT 06074
Telephone#: 860-644-8761
Property Owner: Asticou Investments, LLC
Address: 1744 Ellington Road, South Windsor, CT 06074
Telephone#: 860-644-8761
Location of Subject Property in Question: 350 Buckland Road, South Windsor, CT 06074
Zone Gat-awn Development
1. Are there wetlands on the property? x YES NO
2. Is any part of the premises within 500'of town line? YES 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): 4.2.11 C.3
Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision:
(Attach additional sheet if needed)
See attached narrative
For Variance request only:
1. Strict application of the regulations would produce UNDUE HARDSHIP because
See attached narrative
2. The hardship created is UNIQUE and not shared by all properties alike in the
neighborhood because
See attached narrative
3. The variance would not adversely impact neighboring property; i.e. public health, safety,
convenience, welfare and property value, because
See attached narrative
Applicant's Name (please print) RSK—KELLCO, Inc. , by Bruce S. Kelley, Vice President
Signature �3 JA a l4 f- Date 8-10-11
Property Owner's Name (please print) Asticou Investments. LLC, Bruce S. Kellev. Member
Signature i r A,e..lu Date 8-10-11
DO NOT WRITE BELOW
Action of the Board: dpproved Denied
Date it Date
Ap rove • R Denied:
effective 5/1/07 Town GIS Pin #
P.O. BOX 1167
425 SULLIVAN AVENUE
eS�gn SOUTH WINDSOR,CT 06074
PHONE: 860.291.8755
FAX: 860.291.8757
1'0 10Mft 25th Anniversary 1986-2011 www,designprofessionalsinc.com
CIVIL & TRAFFIC ENGINEERS / PLANNERS / SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS
Serving Connecticut,Massachusetts,&Rhode Island
Narrative Statement
ZBA Application
RSK-Kellco,Inc.
• 350 Buckland Road
South Windsor, Connecticut
DPI Project No. 3085
August 11, 2011
• Variance Request- The applicant, RSK-Kellco, Ina(Bruce S. Kelley, V.P.)requests a variance to
Section 4.2.11 C. 3. of the Buckland Road Gateway Development Zone, which reads: "No required
front yard setbacks shall be used for parking or circulation( except for entrance drives to the site)."
The applicant requests a reduction in the required front yard setback for parking from 65 feet to 20
feet(i.e., 45 feet variance), and a reduction in the required front yard setback for circulation from
65 feet to 17 feet(i.e., 48 feet variance).
RSK-Kellco,Inc., a South Windsor-based firm, is proposing to commercially develop a 9.94 acre
property at 350 Buckland Road in the GD zone, presently owned by Asticou Investments, LP. As
per the attached conceptual site plan,the mixed use development will feature two buildings
totaling 18,912 square feet, and 91 parking spaces. The first building will contain some 9,512
square feet of office space on the second floor(with lots of windows), and approximately 7,400
square feet of retail space on the first floor, or a total of 16,912 square feet. The second building is
a proposed 2,000 square feet financial institution with drive-thru lanes. Both buildings will be
designed by a professional architect, and the site's buildings and landscape design will be
aesthetically pleasing and subject to the review of the community's Architectural Design Review
Committee, Inland.Wetlands Agency, Water Pollution Control Authority, and Planning& Zoning
Commission. The majority of the parcel will remain undeveloped, especially that adjoining
residential zones and uses. All site development will be restricted to the area closest to Buckland
Road and its intersection with Deming Street.
The specific hardships and peculiar circumstances that support this application, including why this
application is unique to the subject property and why it will not adversely impact neighboring
properties are:
1. Rezoning - On or about 1995 the Planning& Zoning Commission rezoned the subject
property to the Gateway Development Zone, which contained the same language from which
the applicant is now seeking a variance (then it was known as Section 5.8.6.d.1.(c)). That
wording removed the ability of the applicant to use the area of the front yard for parking or
circulation, and that action created a substantial hardship then and now. Most zones then and
now in South Windsor allow parking and circulation within the front yard setback area. The
rezoning also increased the front yard setback from 50 feet to 65 feet;
2. Wetlands -The subject property is encumbered by natural resources, including substantial
regulated inland wetlands, which restricts the developable area to the extreme front of the
parcel along its Buckland Road frontage;
G:\iobs\3085\Does\Aoolications\3085 ZBA Narrative-RSK 8-10-2011.doc
3. Takings - The subject property has lost property through three governmental takings and
easements associated with improvements to and realignment of both Buckland Road and
Deming Street. The first taking was in 1974, when the government took approximately 5,300
square feet of land along Buckland Road (a non-wetlands area suitable for development),
which pushed the front property line and front yard setback line back 10 feet. In addition to
the land, the government imposed a 10 feet wide grading easement. The second taking was in
1993, when the government took approximately 13,240 square feet of additional land(non-
wetlands), which pushed the front property line and front yard setback lines back another 43
feet along Buckland Road, and 15 feet along Deming Street, and further imposed a drainage
easement along Deming Street and a slope easement along Buckland Road. The third taking
was in 1980,which imposed a 20 feet x 125 feet drainage easement along Deming Street. In
summary,the three government takings took a total of 18,540 square feet of land,thereby
reducing the parcel from 10.36 acres to 9.94 acres in size, and pushed the front property and
front setback lines back a distance of as much as 53 feet. These actions alone have created
hardships for the applicant. The government takings took the best land (uplands), and shrunk
the developable property area;
4. Access Management Requirements Per Zoning—The GD regulations require that adjoining
properties on Buckland Road provide for through-access to intersections and/or shared
driveways. In the instant situation, we absolutely anticipate that the PZC will require that we
provide for vehicular traffic through our site to and from properties to the south of the subject
property. Accordingly,we have designed a 24 feet wide two way driveway system which
parallels Buckland Road to accommodate this traffic pattern, and it is of necessity within the
front yard setback. We are thus required to seek a variance so that we can meet this access
management regulation;
5. Wetlands Impacts—This vast majority of this site is encumbered by wetlands and the
wetlands upland review area(80 feet from wetlands),all of which is highly regulated by the
South Windsor Inland Wetlands Agency. Our site design portrays direct wetlands impacts of
less than 5,000 square feet. The only way we could avoid the necessity for the variance is to
move the proposed buildings,parking and circulation into actual wetlands, greatly increasing
the impacts thereto. Wetlands impacts are to be minimized and avoided, where possible.
6. Effectively undersized parcel—The contiguous portion of the subject parcel which is
effectively available for land development, i.e., non-wetlands area along Buckland Road, is
2.33 acres, which is less than the minimum lot size in the GD zoning district. Accordingly,
we are effectively working with the constraints of an undersized lot;
7. Fire Apparatus Accommodation-The proposed site plan depicts a layout which affords
access and circulation for fire trucks and other emergency vehicles, including police, as
required by the Fire Chief and Fire Marshal per the new Town Council ordinance. This
requirement has in large measure created a necessity for the requested variance, in that the
necessary drives and turning radii have caused the driveways and parking to encroach on the
front yard, as portrayed;
8. Distance to Buckland Road—The distance from the closest proposed parking space to
Buckland Road, while only 20 feet from the front property line, is actually set back 56 feet
from the Buckland Road pavement, i.e., motoring public. Normally this would be about 32
feet,but is much greater because the right of way is exceptionally wide at that point;
9. Building(s) Front Yard Setback Conformity—The site plan shows that both buildings will
conform to the GD zone setback requirements;
10. Open Space Retained- The vast majority of the property will remain as undeveloped open
space, and the majority of that abuts the Sele Drive residential community to the east;
Jem*jn
�essionsls
G:\iobs\3088\Dots\Aoolications\3085 ZRA Narrative-RRK 8-10-201 l.doc
11. Distance to Sole Drive Residences—The distance between the proposed two story building
and the closest residence in the Sele Drive neighborhood is approximately 685 feet, which is
substantial, and helps to ensure that the variance will not adversely impact the neighboring
Selo Drive neighborhood. The area subject to the variance is on the far side of the two
buildings from this neighborhood;
12. Distance to Deming Street Residence—The distance between the proposed financial
institution and the closest Deming Street residence is approximately 560 feet, which is also
substantial and helps ensure that the variance will not adversely impact that property. The
area of the variance is also on the far side of the financial institution building from the house;
13. Common Property Lines with Sele Drive& Deming Street Abutters—Only one Sele Drive
residential lot substantially abuts the subject property(approximately 430 feet of common
rear property line). Another has less than 40 feet of common rear property line. The Deming
Street abutter has substantial common property lines,albeit far from the subject
development;
14. Landscape Plan—The Planning& Zoning Commission application will require a landscape
plan designed by a licensed landscape architect. One element of the location and type and
size of selected landscape plants and materials will be softening/screening any potential
views from abutting residences. The landscape plan will also enhance the aesthetics of the
site;
15. Architectural Style/Design Review Committee—The professional licensed architect will
design an attractive building meeting the design standards of the GO zone and of the
Architectural Design Review Committee (subcommittee which submits its findings and
recommendations to the PZC). This will help ensure that the proposed buildings do not
adversely impact the surrounding neighborhood;
16. Landscaped Buffer—The GD zone requires a 75 feet wide landscaped buffer designed by a
landscape architect to ensure that the non-residential activities are substantially obscured
from the view of abutting residentially zoned properties;
17. Proposed Uses Conforming—All proposed uses conform to the allowed uses in the GD
zone;
18. Economic Development—The proposed development will add to the non-residential tax base
of the community and thus help to minimize potential tax increases for homeowners and
commercial property owners. It will also create jobs for area residents (during construction
and once ready for occupancy);
19. Public Utilities Accessible—The site has available public water and sewer services to support
the proposed development.
Thank you for your consideration of this application.
cXmn�kznncmnan pan u.n,e_acr n_m_?nn n,,.
1 � I
m
z /
s I ,
rya /
Ne
.ry
n I
n
r o
s
15
o 0
0
W /
�e ° H�P55 f r r r 5F REjp11 GE5 A R) 4 6 /
O .- r 73PAK�OFF CE ZND RD) o
43P 5PAOE5
(AS
4 .
0
/
—�—
b
] RK�1•`G 5PA6PS
PP
e Z t "TOT A4 wv. n
u
e r
` NO2'09'16'E �. J
°�W
LAND ---- -- _
BUCK --�-- �r
L-)r7,6J-LI
F�SK-KELLEO INC.
• Developers 1744 Ellington Road.
• Builders South Windsor, CT 06074
• Property Tel:860-644-87611644-8140
Managers
Email: RSKSW@AOLCOM
Fax:860-644-5650
Ct. Registration#278
August 11, 2011
CERTIFIED MAIL
Town of South Windsor
1540 Sullivan Avenue
'South Windsor, CT 06074
Dear Property Owner:
Re: Buckland Commons, 350 Buckland Rd., South Windsor, CT 06074
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 350 Buckland Road,
South Windsor, CT and is subject to a hearing by the Zoning Board of Appeals. The application
and plans are 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 project contact RSK-Kellco at 860-644-8761. For further
information regarding the specific date this application will be heard please contact the Planning
Department, 644-2511, ext. 253.
Sincerely,
Bruce S. Kelley
BSK:sep
We Build Our Reputation
Abutter's Letters: August 11 , 2011
Buckland Commons
350 Buckland Rd.
Property Owner Certified Number
Evergreen Walk LLC 7010 3090 0001 2732 1798
c/o Lawrence P. Rubinow, Esq.
555 Main Street
Manchester, CT 06040
Messiah Evangelical Lutheran 7010 3090 0001 2732 1804
Church
300 Buckland Rd.
South Windsor, CT 06074
Town of South Windsor 7010 3090 0001 2732 1811
1540 Sullivan Avenue
South Windsor, CT 06074
Steven Schiavone& Lucia Kawa 7010 3090 0001 2732 1828
44 Highwood
Simsbury, CT 06070
John Woodcock&Carla C. 7010 3090 0001 2732 1835
P.O. Box 684
South Windsor, CT 06074
Deming Plaza, LLC 7010 3090 0001 2732 1859
92 Margaret Avenue
Lawrence, NY 11559-1826
Calvary Chuch of the Assemblies 7010 3090 0001 2732 1866
of God
240 Deming St.
South Windsor, CT 06074
Anna M. Gagliardo 7010 3090 0001 2732 1873
247 Deming St.
South Windsor, CT 06074
Kenneth A. Larson & Barbara 7009 0960 0000 7670 4560
Mark T. Basile &Roberta
20 Sete Drive
South Windsor, CT 06074
Paul R. Margiott&Victoria 7009 0960 0000 7670 4577
32 Sete Drive
South Windsor, CT 06074
(Page 1 of 1)
YOi. 1-8- PAGE--3tI
Quit Claim Deed-Statutory Form 054
To all People to whom these Presents shall come;Greeting:
KNOW YE,THAT RSK-KELLCO,INC, a corporation existing under the laws of the
State of Connecticut having an office and principal place of business in the Town of
South Windsor,County of Hartford and State of Connecticut,(hereinafter referred
to as"Releasor")for NO CONSIDERATION received to its full satisfaction of
ASTICOU INVESTMENT LIMITED PARTNERSHIP,a limited partnership
organized under the laws of the State of Connecticut having a principal place of 1
business in said Town of South Windsor,has remised,released,and forever quit-
claimed,and do by these presents,for itself,its successors and assigns,justly and
absolutely remise,release,and forever QUIT-CLAIM unto-the-said ASTICOU
INVESTMENT LIMITED PARTNERSHIP,its successors and assigns forever,all such
e - right and title as the said Releasor has or ought to have in that certain piece or parcel
of land known as 350 Buckland Road located in the Town of South Windsor,
County of Hartford and State of Connecticut and being designated as"OTHER
LANDS OF RSK-KELLCO,INC."as shown on a certain map or plan entitled"THE
HOMESTEAD SUBDIVISION Buckland Road&Deming Street South Windsor,
CT. Developed.By RSK-Kellco,Inc. 1744 Ellington Rd. South Windsor,CT Tel.
644-8761 Contact Person: Bruce Kelley Date: 5-21--93 Scale 1"=40' Drawn: O.T.0
Checked: O.T. Plot Plan Sheet 4 of 11 Torres Engineering,Inc. 137 Seymour Ave.
West Hartford, CT. 06119 (203)232-9833 Fax 232-9038 Revised 5.26-93 6-17-93 6- i
30-93 7-19-93 10-06-93 4-25-94"which map or plan is on file in the South Windsor
Town Clerk's Office to which reference may be had.
Being a portion of the premises conveyed to the Releasorby Fiduciary Deed of Rose- -
Sobielo,Executrix,:dated April 28,1988 and recorded April 29,1988 in Volume 523 at
Page 57 of the South Windsor Land Records.
IN WITNESS WHEREOF,RICHARD S.KELLEY,President of RSK-KELLCO,INC.,
has hereunto set his hand this''J/"day of Jq n.n m 2001.
I
SigvrAnnA DelierrcA in fhe prcsena of(Type ar Priaf mme Imin.earh siyrmmrc.)
WITNESSES: GRANTOR:
RSK,-ISELLCO,INC.
• �`'� L-. s�•�"-t By: Richard S. elley,Presiders
1 , CONVEYANCE TAX REC IVED
�6_1/IraA - STATFS _LOCA�L�S•�p �Nax 1
Cmr/5 Kr//ey p D-v—
—TOWN CLEM OF MWWaSOR I .
STATE OF ICONNECTICUT, ) -
as SaHartford
:nJ3rn�
COUNTY OF HARTFORD ) - -
Personally Appeared RICHARD S.KELLEY,President of RSK-KELLCO,INC.,
as aforesaid,Signer of the foregoing Instrument;and acknowledged the same to be
his free act and deed as such President and the free act and deed of said corporation, .
before me. i
e,u�c�Y-, C P C (e
1�Com nircimmrof•N Slry2r—Caartrt/Namry P lie
• My C....Nauion&Pins:
T
F.FCORD:
. -JAN 2001�TIME_�P_aJ.
c
'OWN CLER SDUTH L:SSOd Gl
D
Fiduciary's Deed
FROM
.............ROSE SOB-I-ELO,-EXEGUT-RIX.... . . ...
..........................................I.............................
TO
...............RSX7IULLC.0,...IN.0.. ........................
..................................................... .......... .......
Dated .........Apxil..28,....................... 1988
Received .........ARR... ........ 19 ....
Recorded
LAND RECORDS
Vol. . �...c6\---3.. Page ......
U�) TQo�wn�C e k'
Town Cl Aft-recordink p7i return to.,u 'r
Ed ardol- ehn, q
F I
Hartford,
We
0 —,qo,6
C lra�rin nd I,r¢nl Ml k Srrvice. Inc.
1294 Blur Hill, A,,. Rlnmmfield, Cl'
FIDUCIARY'S DEED — PUBLIC OR PRIVATE SALE No. 396 121131 233-345e 1-e90-331-4549
KNOW ALL MEN BY THESE PRESENTS,
THAT I, ROSE SOBIELO
()2
of the Town of Manchester ,County Of Hartford and State of
Connecticut Executrix xxxvf4hwMxWi5fC—under the
will of Alex Sole a/k/a Alex P. Sele - —, — late Of
South Windsor, Connecticut — deceased — icwpabl@xpt2s X-X-XX M' Qk by virtue of an order of the Court of Probate for the District of East Windsor
dated the 5th day of April 19 88, authorizing me to sell at —xpublais
— private — sale the real estate hereinafter described
and in consideration of the sum Of NINE HUNDRED THOUSAND ($900,000.00) DOLLARS
received to my full satisfaction of RSK-KELLCO, INC. , a Connecticut Corporation
with a principal place of business in South Windsor, Connecticut,
do — dux— hereby grant, bargain, sell and confirm unto the said
RSK-KELLCO, INC. ,
its successors and assigns, forever
all such right, title, interest, claim and demand which the said deceased had at the time of his — bm— death — which said estate now has or which I Am — have as such
Executrix — F1ti ��x�eP�3riH [itSKf�fis�sltsg� saas
/� iRxazadxtOc�e�irx�xise�x>�paEseixOf��IxR��uitl� �in��laere�xsa�RRtteclt�iaxthe+�aw.�:of
( 1, GomtrofxxxxxxxxxxxxxxxSt o€�Conmutirutc C led{ &nwibedx
� asxfolhOcapsx
All that tract of land .situate, lying and being in the said Town of South Windsor,
being known and designated as the "Homestead" with all 'buildings thereon standing,
containing approximately 23 acres of land located at the intersection of Buckland
Road and Deming Street so called, being bound and described as follows, to wit:
NORTH: On land now or formerly of George Drake and the Highway;
EAST: On land now or formerly of George Drake and land now or
formerly of Harry Snow, partly by each;
SOUTH: On land now or formerly of the Burr Nursery Company
and land now or formerly of Charles Hayes; and
WEST: On land now or formerly of said Hayes and the Highway.
Being the "FIRST PIECE" described in a certain Quit Claim Deed from Rose A. Sala to
Alex Sele described in Volume 80 at Page 272 of the South Windsor Land Records.
Excepting therefrom those certain pieces taken by Certificate of Condemnation by the
Town of South Windsor for the widening of 'Buckland Road by Certificate of Condemnation
dated May 31, 1974 and recorded in Volume 180, Page 224 as amended of the South
Windsor Land Records.
Said premises are also conveyed subject to any or all newer or water assessments
that might be, and subject to building, building line and zoning restrictions of
the Town of South Windsor.
Said premises are also 'subject to any. and all provisions of any municipal ordinance
or public or private law; a sewer caveat in favor of the Town of South Windsor
dated April 28, 1971 and recorded in Volume 136, Page 260 of the. South Windsor Land
Records; Slope rights in favor of the Town of South Windsor by virtue of .the amended
Certificate of Condemnation dated July 31, 1974 in Volume 182, Page 341, of the South
Windsor Land Records and to a drainage easement in favor of the Town of South Windsor
dated April 21, 1980 in Vo1Gv�VEYAf��ETeIiECE�-g the South Windsor Land Records.
c2> T ECE VVtt�LG
ir,;r y�Ci J a, WCAt $ 7�V _ NO
I.
* if public sale, omit reference to will or 1IFWA` 'llt' n'd`i°i .tVA the following language "having
given notice by publication of raid sale as ordered by said Court."
TO HAVE AND TO HOLD, the above granted and bargained premises with the appurte-
nances thereof, unto It the said grantee
to its and their proper use and behoof.
And the said ROSE SOBIELO does — hereby covenant with the said
grantee
that she — has —3�RM — full power and authority as
aforesaid, to grant and convey the above de-
scribed premises in manner and form as aforesaid and for her sel f and her heirs,
executors, administrators, successors and assigns does — further covenant to warrant
and defend the same to the said grantee
against the claims of any person whomsoever claiming by, from or under
her as Executrix aforesaid.
In Witness Whereof,
I, ROSE SOBIELO, EXECUTRIX
have hereunto set my hand this 28th day of April 1988
Signed and Delivered in the presence of: 17y¢ nr'Prin/liaise la'/nmuoch s/gna/urel
fl 11S,S C R 1 ID'/
Ott°�2 .. ..(S�.s. ../ .••' ..•.:••—•.....:..... U�Y`/.. :GF :..S e. . ... .
J} (q IN Rose Sobielo, Executrix under Will
of Alex Sele a/k/a Alex P. Sele
1. ... ...................... ......................... ................... .....................
.............................................................................. ...................................................................
STATE OF CONNECTICUT
COUNTY OF TOLLAND
On this the 28th day of April 19 88, before me, EDWARD R. KUEHN
the undersigned officer, personally appeared
RqSE SOBIE O
of the State County or City as the case may be) of Manchester, Connecticut
known to me (or satisfactorily proven) to be the person described in the foregoing instrument,
and acknowledged that he/she/they executed the same in the capacity therein stated and for the
purposes therein contained.
In Witness Whereof I hereunto set my hand
... ............................................................
Edward R 'Kuehn 89cmn 't�jgP,kx�l4[ x�nccRxkk
ommusrone[ o e uperror ourt
(If the Fiduciary is a corporation the following acknowledgement must be used.)
STATE OF
COUNTY OF
On this the day of 19 before me
, the undersigned officer, personally appeared
who acknowledged
himself to be the of
a corporation, and that he, as such
, being authorized so to do, executed the fore-
going instrument for the purposes therein contained, by signing the name of the corporation
by himself as
In Witness Whereof I hereunto set my hand,
Grantees' Address: ..............................................................I.....................
..2 .. judge — Assistant Clerk — Notary rustic :.
...................... G't ................................ Commissioner of the Superior Court
Street and Number
C � 1.ile. ,Sa................ � ......C7 b91 y.... n^ 2 1988
RECEIVED FOR RECORD:
City State DATE TIME M.
Townk WN CLERK,SOUTH 'P�
_ SpWN SE4(
TO u O-P SIOUt `ll &U/4460 t
1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
f�OSOR-10 TELEPHONE(860) 644-2511
August 12, 2011
RSK-KELLCO, Inc.
Mr. Bruce S. Kelley, Vice President
1744 Ellington Road
South Windsor, CT 06074
RE: Application #2752-11 - 350 Buckland Road- variance request
Dear Zoning Applicant:
This is to notify you that the above named application to the South Windsor
Zoning Board of Appeals will be heard on Thursday, September 1, 2011 at 7:30
p.m. in the Madden Room of the South Windsor Town Hall, 1540 Sullivan
Avenue, South Windsor. Someone must be at the hearing to present the
application.
Included in the $190.00 application fee is the cost of signs to advertise that a
public hearing will be held regarding this property. The signs should be
obtained at the Planning Department at the South Windsor Town Hall and
must be posted no later than Sunday, August 21, 2011. The signs must be
placed in locations visible from Buckland Road and Deming Street.
Very truly yours,
Donna Thompson
Recording Secretary
EVERGREEN WAL
LLC/s
August 29,2011 RECEIVED
SEP 01 2011
TOWN MANAGER'S OFFICE
Town of South Windsor Zoning Board of Appeals TOWN OF SOUTH WINDSOR
1540 Sullivan Avenue
South Windsor,Connecticut 06074
Re: Variance Application
RSK-Kellco Inc,Applicant
Buckland Commons 350 Buckland Road South Windsor
Ladies and Gentlemen:
Evergreen Walk, LLC received notice from the applicant of its application and owns property
directly across the street from the property that is the subject of the application.
With reference to the application, Evergreen Walk, LLC supports the idea of continued
commercial growth of property in the Buckland Road Gateway Development Zone.
Very truly yours,
EVERGREEN WALK,LLC
By�11g
John Finguer
Its Managing Member
jcs
cc: RSK-Kellco Inc. Design Professionals
1744 Ellington Road P.O. Box 1167
South Windsor,Connecticut 06074 425 Sullivan Avenue
South Windsor,Connecticut 06074
1109 Rose Lane •Virginia Beach, Virginia 23451 •Phone: (757)422-5566 •Fax (757)422-5569
LAW OFFICES
JOHN J. WOODCOCK III
395 BUCKI-ANO ROAD
R O. BOX 684
JOHN J.WOODCOCK III* SOUTH WINDSOR, CONNECTICUT 06074 TELEPHONE
•n�so ADM=D IN M6:8FCHUSE (860) 644-2431
FAX
(860)644-3629 -
RECEIVE®
AUG 19 2011
August 18, 2011 SOUTH WINDSOR PLANNING DEPT.
Town of South Windsor
Zoning Board of Appeals
1540 Sullivan Avenue
South Windsor, CT 06074
SUBJECT.-Buckland Commons application
As a neighbor to 350 Buckland Road, South Windsor, Connecticut, I am writing
with respect to the variance application that is currently pending before your Board. As a
long time property owner on Buckland Road, I support the request for a variance.
Therefore, I request that you approve the application by RSK-KELLCO Inc.
Thank you for your courtesy, I am
Very truly yours,
r
J. oo cock, III
cc:RSK-Kellco Inc.
Bruce Kelly
Page 1 of 1
Peter DeMallie
From: Catchall
Sent: Thursday, September 01, 2011 11:57 AM
To: Peter DeMallie
Subject: FW: RSK-Buckland Road & Deming Street
From: Crombie Jr,Philip E [mailto;PCROMBIE@travelers.com]
Sent: Thursday, September 01, 2011 11:55 AM
To: pdemaille@designprofessionalsinc.com
Subject: RSK- Buckland Road &Deming Street
Peter:
Based on our discussions I've reviewed the ZBA plan you prepared. The flow through drive and parking on the
street side of the building will provide for reasonable fire apparatus access. As usual I'd want to see the
engineering drawings when you get to that phase for a final review.
Phil
Philip E. Crombie, Jr.
Managing Forensic Specialist
Travelers Engineering Laboratory
90 Lamberton Road, Windsor, CT 06095
Office(860)687-7449; Cell (860)573-5042
------------------------------------------------------------------------------
------------------------------------------------------------------------------
This communication, including attachments, is confidential,may be subject to legal privileges,and is
intended for the sole use of the addressee. Any use, duplication, disclosure or dissemination of this
communication, other than by the addressee, is prohibited. If you have received this communication in
error,please notify the sender immediately and delete or destroy this communication and all copies.
9/1/2011
ARTICLE V Establishment of Fire Lanes
Sec. 94-140 Fire Lanes
(a) Definitions.
For the purposes of this section, the following words and phrases shall have the meanings
respectively ascribed to them by this section:
Fire lane: Fire lanes are free travel passages for the orderly access of fire apparatus and other
emergency equipment to all necessary areas around buildings,facilities, developments and
premises. These passages are to be clear in all seasons and in all kinds of weather. , Unless
site conditions dictate a lesser requirement, a fire lane shall be a designated unobstructed
passageway at least 20 feet in width with an outside turning radius of 50 feet.
Parking area: means lots, areas or other accommodations for the parking of motor vehicles off
the street, alley or highway and open to public use with or without charge.
Sec 94-141 Establishment of Fire Lanes.
(a) The Fire Marshal, Fire Chief, or the Legal traffic Authority(Chief of Police)of the Town of
South Windsor shall establish fire lanes for any new building and/or facility to ensure access
for emergency equipment and to ensure the reasonable safety of persons occupying or using
said premises.
(b) Fire lanes and parking lots existing prior to the establishment of this ordinance are not
required to be upgraded to meet the design requirement of this ordinance except that the Fire
Marshal, Fire Chief, or the Local Traffic Authority(Chief of Police) may require the posting of
signs or pavement marking to delineate existing fire lanes.
(c) The Fire Marshal, Fire Chief, or the Local Traffic Authority(Chief of Police) may require the
establishment of fire lanes around existing buildings and/or facilities where paved areas
already exist provided that these fire lanes do not disturb existing, marked parking areas. In
said cases the areas will not be required to be upgraded to meet the design requirements of
this ordinance except for the posting of signs or curb markings to delineate the fire lanes.
(d) This ordinance does not apply to one and two family dwellings.
(a) The design of roadways and driveways in subdivisions and multi-family residential complexes
shall be governed by the Town of South Windsor's zoning regulations and requirements.
Sec 94-142 Identifying and Posting of Fire Lanes.
(a) Fire lanes, as established, shall be within the driving portions of the vehicle parking area
and/or areas designated to accommodate emergency equipment on said premises.
(b) Such fire lanes, as established in accordance with 94-141, shall be posted with signs stating
"Fire Lane/No Parking" by the owner of the property involved. The fire lane sign shall have
a white background with red lettering and measure a minimum of 12 inches wide by 18
inches tall. The lettering of the sign shall be a minimum of 2 inches in height. The number of
signs shall be determined by the authority having jurisdiction in section 94-141.
(c) All pavement curbs located in a fire lane shall be painted traffic red to designate the fire lane.
Sec 94-143 Fines for Not Establishing or Posting Fire Lanes.
Any property owner who fails to comply within sixty(60)days from being notified in writing to
establish or post such fire lanes shall be fined $200 and shall suffer a penalty of$25 a day for
each day thereafter until the lane is established.
Sec 94-144 Appeal
A property owner may appeal a decision, made by the Fire Marshal, Fire Chief or the Legal
Traffic Authority(Chief of Police) of the Town of South Windsor, requiring the establishment or
maintenance of a fire lane to a panel consisting of the Town Engineer, Fire Chief and Zoning
Board of Appeals Chairman, or his designee, within 15 days from the receipt of said decision.
The notice of appeal shall be filed with the Fire Marshal's office.
Secs.94-145—94-150. Reserved.
ARTICLE VI. MAINTENANCE REQUIREMENTS AND PARKING RESTRICTIONS
Sec 94-151. Maintenance of Fire Lanes.
Fire lanes shall be kept free of ice and snow, rubbish containers and all other obstructions.
Sec 94-152. Prohibitions.
No vehicle shall be parked within any established fire lane.
Sec 94-153 Notice; Towing.
Whenever any vehicle is found unattended or standing disabled in an established fire lane, a
police officer shall attach to such vehicle a notice to the owner or operator thereof, setting forth
that such vehicle has been parked unlawfully; provided, however, that in an emergency, if such
unlawful parking constitutes a hazard or impedes the orderly access of emergency equipment,
the police officer or the chief fire officer in charge may have the vehicle towed to another portion
of the lot or area which is not within a fire lane, all at the expense of the owner of such vehicle.
Sec 94-154. Presumption of Ownership.
In any prosecution or proceeding for unlawful parking in a fire lane for which the operator can not
be identified, the registered owner of the vehicle so parked shall be presumed to be the operator
thereof.
Sec 94-155.Fines for Violation of Article VI.
A. Violation of this article shall be an infraction as provided for in Connecticut General
Statutes § 51-164m and 51-164n, as the same may be modified from time to time.
B. A fine of$25.00 shall be assessed for each violation
Sections 94-156—94-160. Reserved.
f
R /-rCUf2 O��OtGt./2 . U/G�OfL
m - 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074
hf�dsoe•cON`'� AREA CODE 860/644-2511
November 14, 2005
CERTIFIED#70020460000197444422
Jan and Elizabeth Lukasik
C/o Wayne Christopher Gerlt, Esquire
P.O. Box 1132
South Windsor, CT 06074
RE: Application#2660-05—Jan and Elizabeth Lukasik, 179 and 185 Commerce Way, l
zone
Dear Attorney Gerlt:
At the meeting of the South Windsor Zoning Board of Appeals held on November 3, 2005, the
Board approved your request for variances to section 10.2 to allow: 1)a 0'side yard (10'
required)for property located at 179 Commerce Way and 2)a 0' side yard (10' required)for
property located at 185 Commerce Way to allow a connector between the two existing
buildings, I zone.
The Board concluded the hardship to be the unsafe movement of equipment and personnel
between the two buildings during inclement weather creates a need for this connector.
The following conditions were placed on this application:
1. Modify the cross travel easement to include the walkway.
2. Site order change must be submitted to the Planning Department for approval.
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,
Olt �t
S�'tephen Wagner, Chairperson
Zoning Board of Appeals
SW:dr
cc: Building Department
1540 SULLIVAN AVENUE • SOUTH WINDSOR. CT 06074
soR.00 TELEPHONE (860) 644-2511
CERTIFIED#7008 1300 0001 4578 7328
September 6, 2011
RSK-KELLCO
Mr.Bruce S. Kelley,Vice President
1744 Ellington Road
South Windsor, CT 06074
RE: Appl. 2752-11 —350 Buckland Road
Dear Mr. Kelley:
At the meeting of the South Windsor Zoning Board of Appeals held on September 1, 2011, the
Board approved, with conditions, your request for two variances: 1) a 45 foot variance to Table
4.2.11 C.3 to allow parking 20 feet from the front property line adjacent to Buckland Road (65'
required); 2) a 48 foot variance to Table 4.2.11 C.3 to allow circulation 17 feet from the front
property line adjacent to Buckland Road/Deming Street (65' required), on property located at
350 Buckland Road,Buckland Road Gateway Development zone, as shown on plans submitted.
The conditions are: 1) The property be well landscaped and screened with vegetation along the
Buckland Road/Deming Street frontage; 2) The tobacco barn currently-on the property is to
remain and be well maintained. If the parcel on which the tobacco barn is located changes
ownership, RSK-KELLCO Inc. is relieved of this obligation; 3) Site plan approval from the PZC
and Inland Wetlands Agency is required.
The Board concluded the hardships to be: the re-zoning of the property requiring more
restrictive setbacks; the extensive wetlands at the rear of the property; and access management
zoning regulations which require an access drive be created along the front of the property to
serve the property to the south.
r �
•. - - it i
These actions are effective upon your filing the enclosed&
own expense. -0 .,
ru
r,
Very truly yours, 0 FICIA QSiE
I Ln Postage $
Thomas Berstene, Vice Chairperson Ce Nfled Fee
Zoning Board of Appeals E3 RsemeReceipt Pea Postmark
H
g pp (Endorsement Required) Here 1 \1
O ^\b\ \
Restricted Delivery Fee
j p (Endorsement Required)
TB/dt o
M Total Postage&Fees $ .5
rq
cc: Building Department m spar
o . - �(O r�c l lax _U P
O Slmef,Apt No.; ���-- -...........
M1 or PO Box No. . L l 1-I
+.....�.. [Z J'
City,Slafe,ZIP+4 -------
I, Thomas Berstene, Vice Chairperson of the South Windsor Zoning Board of Appeals
hereby certify that on September 1, 2011, the Board approved your request for two
variances: 1) a 45 foot variance to Table 4.2.11 C.3 to allow parking 20 feet from the
front property line adjacent to Buckland Road (65' required); 2) a 48 foot variance to
Table 4.2.11 C.3 to allow circulation 17 feet from the front property line adjacent to
Buckland Road/Deming Street (65' required), as shown on plans submitted, with the
following conditions: 1) The property be well landscaped and screened with vegetation
along the Buckland Road/Deming Street frontage; 2) The tobacco barn currently on the
property is to remain and be well maintained. If the parcel on which the tobacco barn is
located changes ownership,RSK-KELLCO Inc. is relieved of this obligation; 3) Site plan
approval from the PZC and Inland Wetlands Agency is required.
on premises located at: 350 Buckland Road,Buckland Road Gateway Development zone.
and more particularly bounded and described as follows:
NORTH: On land now or formerly of George Drake and .the Highway;
y EAST: On land now or formerly of George Drake and land now or
formerly of Hafry Snow, partly by each;
i
}p SOUTH: On .land now or formerly of the'Butr Nursery Company
it and land now or formerly of Charles 'Hayes; and - -
'< WEST: On Aand now or formerly of said Hayes and the Highway.
OWNER OF RECORD: Asticou Investments, LLC,Bruce S.Kelley,Member
Dated at South Windsor,Connecticut this 2nd day of September 2011.
Thomas Berstene,Vice Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2011
at
VOLUME
PAGE
TOWN CLERK