Loading...
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