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HomeMy WebLinkAbout156 Pleasant Valley ZBA TOWN OF SOUTH WINDSOR max` ZONING BOARD OF APPEALS APPLICATION�'� dVARIANCE Application ® APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec'd Applicant: SffFf�rt t7 c p — �'/M S 6,EF-, ,e o Address: p r3o,u yiS f4s7 ( 21 `1joA /a°tt- remly 0e'O,2R' Telephone#: 26a 21v2a S'.2 Property Owner: — Address: J)e, g&Vi Telephone #: SS(�o 2/v7 S z Location of Subject Property'in Question: `19i l,/ 1 S6 A06AA/T L14A-' y Zone 1. Are there wetlands on the property? PYES 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): Tah/P 3. 1 • L A Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision: (Attach additional sheet if needed) - i,P AJ 77/N es c,QEA;-b Z2/S 5VOMd/5:ie.J Z-JF 96 /.Uo/ll.dy 1.1,ME {t7 /v N AQ 7- lNy si ua'/SB R110Q&1 / l4w>'T 13,FW1e>al '47- _> � b 4P 4hiss/ jn A14hr -F QWt-A)&rVAA1Q 7:j2 PLIOPZ, tA.✓d A;o,4 Pi 77i,k? 70A' Z . '804/h 2,.o9L±te3 w;d bayt lot /i(r Ao c For Variance request only: 1. Strict application of the regulations would produce UNDUE HARDSHIP be 2. The hardship created is UNIQUE and not shared by all properties alike in the neighborhood because 3. The variance would not adversely impact neighboring property, i.e. public health, safety, convenience, welfare and-property value, because Applicant's Name,(please print) DA fro y /0cnS.11 17-/M 3.�L P.1i2c� Signature r�?,�T(•/ / �/1 JJJ ate I 2— Property Owner's Name ( lease print) ei D _ — d Signature I dU Date b 2g t DO NOT WRITE BELOW Action of the Board: Approved 0 Denied Date Date Approved: Denied: effective 5/1/07 Town GIS Pin # June 11, 2012 Ms. Edith Vibert-Johnson Box 14 Bissell Station South Windsor, CT 06074 CERTIFIED MAIL Dear Edie, Re:Old Bossen Homestead In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the Old Bossen Homestead property abutting your property 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 specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. C era Sincerely, V/�^l�(l� real Tim Shepard p" w yf V' 45 Newberry Rd i1 in0 X" / South Windsor,CT06074 ['/��7 1vpF/ n, ' jJ A (860) 214-7252 Y/ �1e� 14,4 1% June 11, 2012 Mr. Louis Ventitozzi 176 Pleasant Valley Road South Windsor,CT 06074 CERTIFIED MAIL Dear Mr. Ventitozzi, Re:Old Bossen Homestead In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the Old Bossen Homestead property abutting your property 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 specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. �✓ /�/1 /� w, r Sincerely, M &f W dip, g_ NCH Lt „y� (/A Tim Shepard 45 Newberry Rd O, South Windsor, CT 06074 �i (860) 214-7252 June 11, 2012 Mr. Frank Franco 151 Pleasant Valley Road South Windsor,CT06074 CERTIFIED MAIL Dear Mr. Franco, Re: Old Bossen Homestead In accordance with Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that an application has been filed on the Old Bossen Homestead property abutting your property 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 specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. F� �/....�.q �/. �,� I )( W' / Sincerely, cull✓ q /t c)-V"o ,Qp Tim Shepard }� n �d� ✓J 45 Newberry Rd ✓✓� ' South Windsor, CT 06074 (860) 214-7252 June 11, 2012 Mr. Donald Guilmette 122 Pleasant Valley Road South Windsor, CT 06074 CERTIFIED MAIL Dear Mr. Guilmette, Re:Old Bossen Homestead In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the Old Bossen Homestead property abutting your property 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 specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. Sincerely, n/n ' " J AnpJ n Tim Shepard 45 Newberry Rd South Windsor, CT 06074 V2 (860) 214-7252 L/r 1 & � 7 June 11, 2012 Ms. Dorothy Psyh 140 Pleasant Valley Road South Windsor,CT 06074 CERTIFIED MAIL Dear Dorothy, Re:Old Bossen Homestead In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the Old Bossen Homestead property abutting your property 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 specific date this application will be heard please contact the Planning Department, 644-2511,ext. 329. I Sincerely, �� P y 04 &rq (A' Tim Shepard 45 Newberry Rd South Windsor,CT06074 (860) 214-7252 N64°49'25"W _(342.83" TOTAL) __ • r "V "" \`'� 5' (TOTAL) 3. 64 138.07 49.96' F- \ 0 \ \ MATURE (35'± HIGH) cd REA TO BE DEEDED � Qo HEMLOCK HEDGE \ \ DO LOT 1 FROM LOT 2 50' R. Y. \ V �. AREA = 997 SQ. FT. PROPOSED PROPERTY LINE OR 0. 023 ACRES �� Ln v> \ 0) � - - - - N�F \ \ � o N FIVE S. GROUP INC. G:42.22 O (n \ \ Q CN EXISTING HOUSE 5 7. 5� A A TO BE DEEDED � \ 140 PLEASANT VALLEY TO LOT 2 FROM LOT 1 A A - 997 SQ. FT. \ OR 0. 023 ACRES \ 50' F. Y 50' F. Y. j AREA= 34, 626± S.F. \� 0.79± AC. \ ORIGINAL PROPERTY LINE AREA= 34,539± S.F � 0.79± AC. S64`46'45"E S64046'45"E 263.63' (TOTAL) - - - - - - - - - - - - - - - - � SNET1298 IR (TO BE SET) SNET 1299 IN PEASANT VALLEY ROAD - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Town of South Windsor Planning Department Memo To: Tom Berstene, Chairman,Zoning Board of Appeals From: Michele R.Lipe,AICP Town Planner Date: 08/29/12 Re: September ZBA Application 1. Appl. 2764-12 — J.E. Shepard Co. — request for a variance to Table 3.1.2A: proposed lot depth of 160.81, (200' required), on properties located at 140 and 156 Pleasant Valley Road,A-40 zone. The applicant is proposing to straighten the lot line between the properties at 140 and 156 Pleasant Valley Road. The Zoning Board of Appeals Originally approved application 2582-03 on July 10, 2003, which allowed a subdivision of property to create two building lots. The variances granted were for reduction in the minimum lot size and reduction in the lot depth. A copy of the approval letter and minutes are attached. The proposed relocation of the lot line will not result in any gain of property for either lot. Please contact me at(860) 644-2511, ext. 252 if you have any questions. 0.Wage 4 1540 SULLIVAN AVENUE SOUTH WINDSOR, CONN. 06074 �,N�SOR•G��� AREA CODE 860/644-2511 July 17,2003 CERTIFIED#70020510000081151942 Design Professionals,Inc. Attn: Peter DeMallie 165 South Satellite Road South Windsor, CT 06074 Re: Appl.#2582-03=Anne T.Keen,140 Pleasant Valley Road,A40 zone Dear Mr.DeMallie: At the meeting of the South Windsor Zoning Board of Appeals held on July 10,2003,the Board approved your request for three variances to section 10.2: 1)2,749 sq.ft.variance to allow a lot area of 37,251 sq.ft.;2)a 5,388 sq.ft.variance to allow alot area of 34,612 sq,ft.;and 3)a 24.7 ft. variance to allow a lot with 175.3 ft. of lot depth,at 140 Pleasant Valley Road,A-40 zone. The Board concluded the hardship to be as follows: The way the original lot was designed created the necessity for a variance. This application is subject to subdivision 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, Robert Warren,Chairperson Zoning Board of Appeals RW:dr cc: Building Department TOWN OFSOUTH WINDSOR 002018 ZONING BOARD OFAPPEALS Minutes 2 7u/v10,2003 f one house. This regulation will allow those types of properties an opportunity to be developed if they meet certain criteria. Mr.Ussery explained that this parcel was originally a total of 28 acres.The 4.1 acres is what is remaining after the State of Connecticut took the rest of the property for I-291. With no further questions,the public participation portion of this appeal closed at 7:55 p.m. 2. Appl. #2582-03—Anne T.Keen, request for two variances to section 10.2 for lot sizes: 1)2,749 sq. ft.variance to allow a lot area of 37,251 sq. ft. (40,000 sq. ft. required); 2)a 5,388 sq.ft.variance to allow a lot area of 34,612 sq.ft. (40,000 sq. ft. required); and 3) a 24.7 ft.variance to section 10.2 to allow a lot with 175.3 ft. of lot depth(200 ft. required), at 140 Pleasant Valley Road,A-40 zone. Commissioner Anthony recused herself from this application. Commissioner Jeski sat for this application. Mr.Peter DeMallie came before the Board to represent this application. Mr.DeMallie explained that his client would like to request three variances in order to split her property into two lots. One lot would contain her residence and the second would be a new building lot. ls`variance—lot 91 This request is to allow lot area of 37,251-sq. ft. (40,000-sq. ft. required). 2ed variance—lot#2 This request is to allow lot area of 34,612-sq. ft. (40,000-sq. ft. required). 3 d variance—lot#1 This request is to allow lot depth of 175.3 feet(200 feet required). Mr. DeMallie explained that Mrs. Keen resided at this location for over 25 years. Her house is located on the westerly side of the proposed 1.54-acre parcel. A hedgerow frames the entire area. Both lots are slightly undersized from the A-40 zone,but are not inconsistent with other lots in the immediate vicinity. The following are hardships or reasons why it is believed these variances should be granted: 1) The unique shape of the lot. 2) Large evergreen hedgerows visually separate the proposed lot Q. 3) The proposed lot#2 has the full appearance of a building lot. TOWN OFSOUTH WINDSOR ZONING BOARD OFAPPEALS 2 9 Minutes 3 Ju/v10,2003 4) Twenty-two lots(69%)of the thirty-two lots in the immediate vicinity are either non- conforming to area or frontage. 5) Eighteen lots (56%) of the thirty-two lots are non-conforning to the required frontage. 6) Fourteen lots (40%)of the thirty-two lots are non-conforming to the area requirement. 7) Both lots have well over 200' of frontage. 8) Both lots are larger than 3 or 4 lots to the east. 9) Four lots to the east are deficient in lot frontage. 10)Eleven area lots are smaller than what is being proposed. 11)Public sewer and well service existing house(lot#1). 12)Lot#2 would have full public utilities. 13)Lot#1 has a 36' sideline from the proposed new lot. 14)The only way to create a conforming lot depth for lot#1 is to alter lot lines. 15)All other zoning requirements can be met. 16)This proposal will not undermined the integrity of the regulations. 17)If these lots were in another part of Town,the lot area and lot depth would exceed the minimum requirement. The applicant will be moving to a more appropriate living environment due to health issues. There is no property available to buy which could make both lots conforming. Public in favor A letter from Mr. Vibert(Attachment A). A letter from the property owner across the street(Attachment B). A petition with more than 60 signatures (Attachment Q. Mr. Louis Keen came to speak in favor of this application stating that he feels this is a great opportunity and would like to stand in support of this application. Mr.Richard Strong of 394 Graham Road felt this proposal is consistent with the are and could �uppcUt-anarro�ence------- - - ---- Ms.Nelcy Formeister of 102 Pleasant Valley Road and felt this proposal would conform to the lots in this area. Mr.Adam Scott of 88 Cinnamon Springs stated that this proposal would conform to the lots in this area. Mr. Matthew Keen came before the Board to speak in favor of this application. TOWN OFSOUTH WINDSOR 002020 ZONING BOARD OFAPPEALS Minutes 4 JWJO 2003 Public in opposition Mr. Lou Ventitozzi of 176 Pleasant Valley Road stated that although he is not against it,he has failed to understand the hardship on the property. Mr.DeMallie explained that there is no other land available to buy which could make these lots conforming. Comments or Ouestions Mr.James Dina of 789 Main Street came before the Board. Mr.Dina explained that he feels when looking at a proposal,the surrounding neighborhood needs to consider what would be good for the entire neighborhood. Mr.Fred Bachelle of 206 Pleasant Valley Road stated that he is an adjacent landowner and he never received any notification by mail. The odd shape of the new proposed lot will prevent anyone from constructing anything in the side yard. Mr. Bachelle also stated that there are larger lots around the neighborhood also. Answering questions from the Board,Mr. DeMallie explained that the peculiar shape of this lot and the inability to gain any land make it impossible to conform to lot depth. There was a lengthy discussion regarding different aspects of this property which create difficulty meeting the regulations. With no further questions, the public participation portion of this appeal closed at 8:50 p.m. 3. AppL#2583-03—Tim& Suzie Cooney, request for a 4' variance to section 10.2 to allow a proposed front porch 36' from the property line(40' required) at 176 Hilton Drive,A- 20 zone. Mr.-Tim Cooney came before the Board to represent this application. He explained that he ---------vnould like tz�rezluest 4'-vari ire is ofd�t to buii8 a fron rcliaad�econd�Yory�dditio�:Plre ---- porch would enhance the aesthetics of the house and provide a balance to the addition. Two abutting neighbors were told about this proposal and neither seem to have any problem with it. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board,Mr. Cooney explained that the porch would be on the first floor where the existing front steps are located. Mr. Cooney agreed with Commissioner Berstene's statement that the original placement of the house does not allow any additions to this property that would be in conformance to the regulations. TOWN OFSOUTH WINDSOR 002021 ZONING BOARD OFAPPEALS Minutes 5 1u/y101003 With no further questions,the public participation portion of this appeal closed at 8:55 p.m. DELIBERATIVE SESSION ITEM: Appl.#2581-03—Mannarino Builders,Inc., 727 Chapel Road,RR&RR-O zones Chairperson Warren stated that this lot has wetlands to work around and the taking of land for I- 291 presents a hardship. Motion to: approve appl. #2581-03—Mannarino Builders,Inc., 1169 Ellington Road, two variances: 1) a variance to section 10.3.7.1 to allow buildable square 80' x 125' (90' x 90' required); and 2)a variance to section 4.6.1C to allow an interior lot on'a parcel of land which did not exist prior to the adoption of the interior lot regulation, on property located at 727 Chapel Road,RR&RR-O zones. Was made by Commissioner Dickey-Gaignat Seconded by Commissioner Anthony The motion: carried The vote was as follows: unanimous t Hardship: 1) The wetlands on the property make it impossible to conform to the regulations. 2) The State taking property for the construction of the I-291 corridor created the necessity for the variances. ITEM: Appl. 92582-03—Anne T. Keen, 140 Pleasant Valley Road,A40 zone Commissioner members discussed at length their opinion of a hardship on this request. Motion to: Approve appl. #2582-03—Anne T.Keen,three variances to section 10.2: 1) 2,749 sq. ft. variance to allow a lot area of 37,251 sq. ft. (40,000 sq. ft. required); 2) a 5,388 sq. ft. variance to allow a lot area of 34,612 sq. ft:(40,000 sq. ft. required); and 3) a 24.7 ft. variance to allow a lot with 175.3 ft. of lot depth(200 ft. required),at 140 Pleasant Valley Road,A-40 zone. Was made by Commissioner Berstene Seconded by Commissioner Dickey-Gaignat The motion: carried The vote was as follows: 4 to 1 with Commissioners Warren Berstene,Dickey-Gaignat and Wagner voting in favor of approval and Commissioner Jeski voting against approval AWN S" T� O-Ps ?d& 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 f�OSOR.CO - TELEPHONE(860) 644-2511 August 3, 2012 Tim Shepard J.E. Shepard Co. P.O. Box 415 East Windsor Hill, CT 06028 RE: Application #2764.12 - variance request 156 Pleasant Valley Road 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 6, 2012 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 a sign to advertise that a public hearing will be held regarding this property. The sign should be obtained at the Planning Department at the South Windsor Town Hall and must be posted no later than Saturday, August 25, 2012. The sign must be placed in a location visible from Pleasant Valley Road. Very truly yours, Donna Thompson Recording Secretary From Tim Shepard 2�3A appl c��o , a �� i —la I /ol/SZd ��ea,5c n� 1IaG1eZI I'M 09/19/2012 The two lots in question were subdivided from a large oversized lot into two undersized lots. That being said,the recommendation of various parties was to run the common boundary along a mature hedge row of hemlocks. The hardship is a natural one created by the need to remove the diseased Hemlocks due to the Wooly Algid infestation. This changes the common boundary from one which gave privacy to each lot owner to a completely open boundary which allows the undeveloped lot the potential to create unnecessary activity in the back yard of the existing homeowner. We can remedy that by changing the angle of the lot line. This will not change the lot size of either lot. It will not be a financial gain to either. It just makes for a better living environment for both parties, and orients the potential new house in a manner that the public would deem understandable To: Tom Berstene; ZBA Chairman From: Pam Oliva; Zoning Enforcement Officer C� Date: 9/19/12 Re: History of 140 & 156 Pleasant Valley Road ......................................................................... In response to your request of 9/6/12, I have reviewed the files for the above referenced properties with respect to the creation of 2 lots. 7/10/03 — ZBA approved 3 variances creating 2 lots smaller than allowed in the zone (A-40). The hardship cited was the way the original lot was designed. 11/6/03 — ZBA approved 2 variances, one further reducing the size of a lot, and the other reducing the front yard setback due to subdivision requirements that mandate a property owner deed a portion of their land to the Town to ensure the existence of a 50' right of way along the road. 11/19/03 — Inland Wetlands Agency (IWA) approved the application creating a 2 lot subdivision. Required a conservation easement be granted to the Town around the wetland boundary. 11/25/03 — PZC approved the re-subdivision creating the 2 smaller lots. Required tree and drainage easements. A copy of the approval letters, various easements and minutes from the IWA and PZC meetings have been included for your information. Copies of the minutes and approvals from the ZBA were included in the original hearing file. I ' /SOWN Spy �q, � y F l ibv 4 ohs-oicth 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ���asoxco�� AREA CODE 860/644-2511 November 24, 2003 Certified #70020510000081151737 Design Professionals,Inc. Attn: Karen Isherwood 165 South Satellite Road South Windsor, CT 06074 RE: Appl. #03-70P— Keen Subdivision— 140 Pleasant Valley Road,A-40, Residential zone Dear Ms. Isherwood: At the November 19, 2003 regular meeting, the Inland Wetlands Agency/Conservation Commission approved application #03-70P—Keen Subdivision — 140 Pleasant Valley Road — Inland Wetland/Conservation Commission application to create a two-lot residential subdivision. A-40, Residential zone. This approval is subject to the following conditions: 1. One blueprint copy of the entire set of plans and this letter reproduced thereon, must be submitted to this Commission. This must be completed within 65 days of approval prior to any construction activity on the site. Plans submitted to Planning &Zoning Commission shall be considered having met this requirement. 2. The application shall indemnify and hold harmless the Town.of South Windsor against any liability, which might result from the proposed operation or use: -- - 3. The permit is valid for five years and shall expire on November 19 2008. It is the landowner(s)/applicant(s) responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration. 4. All approvals required must be obtained and submitted prior to any activity on the site. 5. A contact person shall be identified on the plans. Keen Subdivision Page 2 November 24, 2003 6. A conservation easement to be granted to the Town. The easement will be 25 feet from the wetland boundary along the west side of the brook, east side of the property. 7. A maintenance easement to be granted to the Town by the property owner along the culvert area. Very truly yours, Z �( Elizabeth Warren, Chairperson INLAND WETLANDS AGENCY/ CONSERVATION COMMISSION EW:dr RECEIVE,) SEP232003 TOWN OF SOUTH WINDSOR So�m 1AUNp Windsof CpNSEN q�NC A4j OH INLAND WETLAINDS, WATERCOURSES AND CONSERVATION APPLICATION Application# 03-7DP Date Received - 16 // 10,3 INSTRUCTIONS 1. Fifteen applications(15) with map and plans (2 copies) shall be submitted together with the fee set forth in the Inland Wetlands, Watercourses and Conservation Regulations, Town of South Windsor. (See Regulations,Section VB-X) 2. The South Windsor Inland Wetlands, Watercourses and Conservation Regulations should be reviewed with respect to the standards and criteria for application Evaluation.(See Regulations,Sections VII-X) 1 The applicant understands that this application is to be considered complete only when all information and documents required by the Agency have been submitted. The applicant shall also complete the state filing form. A. Applicant's Name: Anne T. Keen -.. Address: 22-3 Arthur Drive- South Windsor, rT 06074 Phone: (home) 644-4747 (work) ..(fax) '.. B. Legal owner's name: Anne T. Keen Address SA Me Phone(home) (work) (fax) (List additional owners, addresses,and phone numbers on back of application) C. If the applicant is not the owner of the subject property; a letter by the owner(s) authorizing the proposed - - regulated activity set-forth-in-the application must accompany this form and will be of the application. D. Project Name(if any) 1. Contact Person(if further information is needed) Peter DeMallie, Design Professionals I(work) 291-8755 (fax) 291-8757 E. The geographical location of the property which is to be affected by the proposed regulated activities including a description of the land in sufficient detail to allow identification of the property on the Inland Wetland and Watercourse Map. Assessor's map# 45 Parcel# 24 Zone A40 7 r F. Names of all abutting property owners from records in Town Clerk's office. (use separate sheet if necessary) See attached sheet G. Have you notified all abutting property owners(from records in Town Clerk's office)by certified letter that an application is pending before the Agency? ' Yes ❑ ** (you are required to supply a copy of the letter with the list of the names of the abutters).** H. Purpose and description of all proposed regulated activity(s) including amount of disturbance in square feet and types of fill and the time element involved: Fill and grading associated with residential construction including concrete foundation bituminous driveway and installation of utilities serving the p1:WQsed house, including water, sewer and foundation drainage. I. A class A-2 map of the property drawn to 1"=40',showing the area to be developed,extent of the wetlands and watercourses affected,topography, existing and proposed activities and names and locations of adjacent property owners must be submitted. J. Amount of regulated area disturbance and types of fill(including wetlands and regulated buffers). 7,683 s f. K. Acreage ofwetlands and watercourses in regulated areas to be altered: 0 L. Acreage of wetlands and watercourses to be created: 0 M. Lineal feet of proposed stream alteration: p N. Total land area of project and percentage,which is wetlands: 3,728 s.f. or 10.75% 0- Identify all other permits or approvals that have been issued, applied for, or required with respect to the proposed activity set forth in this application. (These may include but not be.limited to, local Planning & Zoning,Zoning Board of Appeals, D.E.P., F.E.M.A., D.O.T., The Army Corps of Engineers, and any other State,Loral or Federal Permits.) ABA (variances granted) P. The applicant (or designated representative) hereby attests that a sign will be posted at the following location(s) 140 Pleasant Valley Road By eaigc rrnfaGG;�Wame Richard P. Martel on or before the following date as directed by Town staff 8 Signature: These signs must be displayed continuously for at least ten (10)'days prior to scheduled meeting (see Regulations,Section 7.3a) The undersigned herebyypplies for the regulated'activities listed in paragraph H above, for a Inland Wetlands, Watercourses and Conservation permit for the property described herein and confirms that: 1. She/he is familiar with the currently effective Inland Wetlands, Watercourses and Conservation Regulations of the Town of South Windsor. 2. She/he understands that at any time during the review period, the Agency may require the applicant to provide more information about the wetlands and/or watercourses in question and/or any proposed activity. 3. All information submitted in the application for review shall be considered factual, or in the case of anticipated activity,binding. A knowing failure of the applicant or any of her/his agents to provide correct information, or performance exceeding the levels of activity anticipated, shall be sufficient grounds for revocation of any permit under these regulations. 4. By making this application, the applicant gives permission to the Inland Wetlands, Watercourses and Conservation Commission members and/or its representative to enter the portions of the premises which are subject of the application for the purpose of inspection and investigation and otherwise evaluating the merits of the application both beforeand after a final decision has been issued. Signature of Owner of property Date 9122/03 Signature of Applicant Date 9/22/03 9 MEMORANDUM To: South Windsor Inland Wetland/Conservation Commission. , From: Jeffrey H. Folger—Environmental Planner/Conservation Officer Date:November 112003 Re:App.#03-70P -Review of the proposed Keen subdivision, 140 Pleasant Valley Road. Plans dated 9/22/03. The project is to create a 2-lot single family subdivision. Proposed regulated activities include locating the house and yard grading for lot#2 within the 80'URA. The application estimates 7,683 of disturbance within the URA. Site: The site is located in the Podunk River watershed. The site is 80%open and is currently used as a hay lot. The total site is comprised of 1.65 acres, 0.085 acres of which is wetlands. The wetlands are located in the northern and eastern portions of the site. The northern wetland area would be characterized as a sparse shrub hedgerow and disturbed agricultural field. This area receives large amounts of runoff from the adjacent cultivated field to the north. The wetland area to the east is a ditched watercourse that drains the fields to the north. It drains to a silted in 24"culvert located under Pleasant Valley Road. This results in a backwater situation that periodically floods the neighboring property to the east. The watercourse has a riparian shrub component associated with it on the eastern bank. The we-stem bank has been urbanized by the neighbor. Major functions of this wetland area would be groundwater recharge,flood storage,and stormwater conveyance. Lesser functions would be wildlife habitat, and nutrient/sediment trapping. The isolated nature of the wetland limits its importance within the watershed. Impacts: The proposed grading and house construction will take place on already cleared land(grass). The proposed house is located in the middle of the new lot. The areas of proposed disturbance are mapped as Agawam Very Fine Sandy Loam(AgA)0-3%. This soil type has an erosion potential listed as low in the Hartford County Soil Survey. Erosion controls proposed should adequately prevent disturbed sediment -- — from migrating into sensitive areas: The current backwater situation should be addressed by removing the silt from the 24"culvert in Pleasant Valley Road. A sediment sump should be installed prior to the culvert to trap migrating sediment for routine removal. The construction of the proposed house as shown should not significantly impact the adjacent wetlands. The existing shrub areas to the north and east of the proposed house should be protected from potential clearing activities to preserve the existing riparian zone, and improve wildlife habitat. m � pi -_ riu/� 1J�1¢��,�2j�T �S�_�__�GC ?12E-�171�..--�'t'o�--Lv'4�---- '; _l/�� /a:¢,�.-/ _� s�E- o.�- C.s�.crE'rz.4_--�_w�l.�.��----- ----�¢`—^ c�o� �i —_�o.� v��Z'._C.�_�_�J��N�-��Nl_��-_ems—_ ---- w�—�Q��---��-��--------:�.--------=---------- -------------- - ----_ _ __ i a•Mx �•t G ' r Iw� VI*13 s ?d (MTV(J a ti 9 I: 1540 SULLIVAN AVENUE•SOUTH WINDSOR, CT 06074 �OSOR'`O�r TELEPHONE(860)644-2511 CERTIFIED MAIL December 1,2003 Mrs.Anne T.Keen 22-3 Arthur Drive South Windsor,CT 06074 Re: App103-70P,Keen Resubdivision Dear Mrs.Keen:. We are pleased to advise you that the Planning & Zoning Commission voted on November 25; 2003, to approve with modifications Appl 03-70P, Keen Resubdivision on 1.6 (+/-) acres to create 1 new lot on property located on 140 Pleasant Valley Road,A40 zone as shown on plans prepared by Design Professionals, Inc.,project#1785 and dated November 2003, as revised. This approval is subject to the following modifications: 1. This approval is for 2 lots,numbered 1 and 2. 2. Drainage and construction for this subdivision is subject to the approval of the Town Engineer. 3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 4. Water shall be supplied to this subdivision by public water. 5. A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured,with a combined single limit for bodily injury and/or property damage in the amount of$1,000,000. 6. This application is subject to the conditions of approval of the Inland Wetlands Agency/Conservation Commission. 7. Trees within the Street Trees Easement and any other trees on land that is currently or will in the future become Town-owned land are to be planted in accordance with the enclosed Tree Planting Specifications. 8. Prior to commencement of any site work,a meeting must be held with Town Staff. 9. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 10.All easements for conservation purposes,drainage or utilities,that may be required in connection with the approval of this subdivision,must be submitted on standard Town easement form where appropriate,to this Commission prior to filing the mylars and issuance of building permits.All deeds for open space,public improvements and roadways must be submitted prior to request for Town acceptance;all deeds must be in accordance with the policy for accepting deeds and must be approved by the Engineering Department and Town Attorney. 11.Footing drains are required for each house. Prior to the building of any structure on a lot,a topographic map,drawn to a scale of V=40',shall be submitted for each lot in the subdivision,showing proposed contours,elevations and the location of the footing drains.No building permits will be issued until the proposed contours,floor elevations and location of footing drains have been approved by the Town Engineer. 12. If,for any reason,finished grading and other individual lot site work is not completed,the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy. 13. Quantity estimates must be submitted to the Town Engineer(on the enclosed form)for the purpose of determining subdivision bonding.All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk's office. If the developer chooses to submit a Letter of Credit for a one year term,said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date,the Commission may, at its option, call the Letter it is holding. 14.A drainage assessment fee in the amount of$50.00 shall be submitted to this Commission. 15. The Town Engineer's review comments dated 1/17/03-as revised must be addressed-to-the Town Engineer's satisfaction. 16.No building permits will be issued until all modifications have been complied.with,and the final plans have been filed in the Town Clerk's office. Black and white transparent mylars of Sheets#2 with the above modifications,together with three blueprint copies of the entire set of plans(including architectural elevations)must be submitted to this Commission within 30 days to be stamped and signed. The letters of approval of this Commission, as well as the Inland Wetlands Agency/Conservation Commission,must be reproduced on the mylars. After mylars have been signed by the Commission,they will be returned to you for filing in the Office of the Town Clerk by March 9,2003. After filing these plans,a copy of the receipt must be submitted to the Planning Department, Sinnrerelly, / Timothy H.Wentzell,Chairman Planning and Zoning Commission THW/kak cc: Town Engineer Chief Building Official Assessor Superintendent of Pollution Control Fire Marshal Design Professionals,Inc. - aVwA yr Jvvan wu\LJVK PL."I1121G 6 ZONIN(i COMMISSION APPLICATION FORM RECEIVED Application No: ]Q P Official Receipt Date: 16 H103 SEP 2 3 Z003 �� = Receipt No: SOUTH WINDSOR PLANNING DEPT. APPUCANf: Anna T_ KPan ADDRESS: 22-3 Arthur Drive Smith WjnA CT n< 074 OWNER OF RECORD ON LAND RECORDS:—Anne T. Kean ADDRESS: SaRe COMPLETE LOCATION OF PROPERTY: 140 Pleasant Valley Road ASSESSORS MAP# 45 PARCEL# 24 ZONE A40 NAME,ADDRESS,TEL&FAX# OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Peter R. DeMaliie President Desi Professionals Inc 165 South Satellite Road South Windsor CT 06074. Tel: 291-8755, Fax: 291-8757 THIS APPLICATION IS FOR: (Check all that apply)- 0 Zone Change to (Public Hearing required and Certified letter to abutters required) ® Subdivision/Rcsubdivision Q Open Space Subdivision (Public Hearing Required) Q Subdivision Cl Minor Q Major Q Resubdivision (Public Hearing Required) Q Minor ❑Major Q Conditional Approval '.. Q Special Exception to Article (Public Hearing, Certified letter to abutters required) Q Site Plan of Development '.. ❑ General Plan of Development ❑ Earth Filling(Scc_ 15) and/or Earth Removal (Scc. 14- Public Hearing required) ❑ Regulation Amendment: Q Zoning ©Subdivision (Attach proposed amendment) Temporary and Conditional Permit for Y ❑ Major Home Occupation for ❑ Other(explain in detail) - An Application Pending sign is required to be posted on the property for all applications ten(10) days prior to being heard by the Commission_ Signature of Applicant Signature of Property Owner (Scc reverse side for additional information) KEEN RESUBDIVISION 03-70P 11/25/03 1. Request for approval of a resubdivision to create 1 new lot located on the northerly side of Pleasant Valley Road, westerly of Route 5,A-40 zone. 2. Minimum lot size required in the A-40 zone is 40,000 sq ft. The applicant has received two lot size variances to create these lots—lot#1 will be 34,539 sf and the second lot will be 34,626 sf. A varaince was also granted for Lot #1 to allow the existing house to be 49 feet from the front property line. I There is no open space requirement for this subdivision, as the applicant is creating less than 6 lots. 4. There are regulated wetlands on the site. The applicant received IWA/CC approval on 11/19/03, with a conservation easement required by IWA-CC to be placed 25 feet off the wetland boundary along the easterly side o f the property and is required to be monumented and marked as a conservation easement area. 5. The applicant is proposing one driveway cut from Pleasant Valley Road. The drive is shown with a turnaround. 6. There are no sidewalks shown in front of these lots; and there are no sidewalks along the northerly side of Pleasant Valley Road. ,r 7. Thy will be serviced by public water and sewers. WPCA approval is required. 8. The applicant has indicated that they plan to preserve some trees between the lots. A street tree easement has been rovided along the Pleasant Valley Road frontage. The applicant has shown new trees to be planted along the Pleasant Valley frontage. The applicant is also required to establish a new street line providing the town a 25' r.o.w. from the centerline of the road. 9. If this application is approved, the planning department has no additional modifications to request. -conservatio eme st be n ente s quire he re ati i s VOL. 159 6 PAGE 119 02358 CONSERVATION EASEMENT AGREEMENT THIS AGREEMENT made this—2-!�day of A,o pil 2004,by and between ANNE T.KEEN of the Town of South Windsor,County of Hartford and State of Connecticut (hereinafter called"GRANTOR"), and the TOWN OF SOUTH WINDSOR, a municipal corporation having its territorial limits within the County of Hartford and State of Connecticut (hereinafter called"GRANTEE'); WITNESSETH WHEREAS,the GRANTOR is the owner of real property,hereinafter described,situated in the Town of South Windsor,County of Hartford and state of Connecticut,which GRANTEE, acting through its Hands Wetlands Agency,and/or Planning and Zoning Commission and/or Town Council,has determined would be in the public interest to retain,maintain and conserve in its natural state;and WHEREAS,the GRANTEE has determined that the maintenance and conservation of the said property of the GRANTOR can best be accomplished by the securing by GRANTEE of a conservation easement over,across and upon the said property of GRANTOR; and WHEREAS,the GRANTOR is willing,in consideration of ONE DOLLAR($1.00)and other valuable consideration,receipt of which is hereby acknowledged,to grant to said GRANTEE the easement and covenants as hereinafter expressed concerning said property, thereby providing for its maintenance and conservation. NOW THEREFORE,said GRANTOR does hereby give, grant,bargain, sell and confirm unto said GRANTEE, its successors and assigns forever,the right,privilege and authority as a Conservation Easement Agreement perpetually to preserve,protect, limit,conserve and maintain the land hereinafter described in its present natural condition. All covenants contained herein are deemed to run with the land. Said premises subject to this Conservation Agreement,hereinafter called the "CONSERVATION EASEMENT AREA"are described as shown on Schedule A attached hereto. Said CONSERVATION EASEMENT AREA is delineated on the following map to be filed on the South Windsor Land Records: "PROPERTY SURVEY PREPARED FOR ANNE T.KEEN, 140 PLEASANT VALLEY ROAD,SOUTH WINDSOR, CONNECTICUT, SCALE 1 inch=20 ft., 9/22/03, SHEET NO. 2 OF 3,DESIGN PROFESSIONALS,INC. CIVIL ENGINEERS PLANNERS SURVEYORS LANDSCAPE ARCHITECTS GIS GPS, 165 SOUTH SATELLITE ROAD, SOUTH WINDSOR, CONNECTICUT" CONVEYANCE TAX RECEIVED $TATE S , ,_�L�OCAL S No.A TOWN CLERK OF SOUTH WINDSOR VOL. 159FpacE 120 Said CONSERVATION EASEMENT AREA is being.set aside as a condition of approval by the Town of South Windsor Inland Wetlands Agency/Conservation Commission of application#03-70P—Keen Subdivision— 140 Pleasant Valley Road—Inland Wetland/Conservation Commission application to create a two-lot residential subdivision. The grant of this easement does not in any way grant to the public the right to enter upon said CONSERVATION EASEMENT AREA for any purpose whatsoever unless stated specifically in the Conservation Easement Agreement. COVENANTS GRANTOR covenants and agrees to prohibit and refrain from the following activities under,over or upon the CONSERVATION EASEMENT AREA: 1. No buildings,camping accommodations,play equipment or vehicles of any type,or mobile homes shall be placed or erected in the CONSERVATION EASEMENT AREA. Fences are prohibited unless approved through EXCEPTIONS procedure, as described below. 2. No signs,billboards or other such advertising materials or structures of any kind or nature will be placed or erected upon,below or above the CONSERVATION EASEMENT AREA. 3. The topography of the landscape of the CONSERVATION EASEMENT AREA shall be maintained in its present condition,and no topographic changes shall be made. Topographic changes shall include,without exclusion,cutting of trees(except as may be required by good tree husbandry and maintenance after receiving written approval of the GRANTEE),filling,excavating,dredging,mining or drilling,removal of topsoil,sand, gravel,rocks,or minerals,alteration of natural or existing watercourses or drainage,or the construction and installation of roads,driveways or utilities. 4. There shall be no use of pesticides,poisons,biocides or fertilizers,draining of wetlands, burning or disturbance or change in the natural habitat of the CONSERVATION EASEMENT AREA. 5. There shall be no manipulation or alteration of natural watercourses, lakeshores,marshes or other water bodies,nor shall any uses or activities in the CONSERVATION EASEMENT AREA be permitted which could be detrimental to water purity or to any vegetative,wildlife or hydrological function. 6. There shall be no operation of vehicles, snowmobiles,dune buggies,motorcycles,mini- bikes, go-carts,all-terrain vehicles or any other type of motorized vehicle in the CONSERVATION EASEMENT AREA. 7. There shall be no dumping,no filling or placing of trash, ashes,leaves,waste,rubbish, garbage or junk in the CONSERVATION EASEMENT AREA. In the event that such i YOt. 15 9 6 PAGE 121 materials are placed in the CONSERVATION EASEMENT AREA,the GRANTOR, upon notice from the GRANTEE,will remove said materials within 30 days of such notice. 8. There shall be no storage or placement of any equipment,natural or man-made materials or substances in the CONSERVATION EASEMENT AREA. The GRANTEE,or its successors or assigns, does not waive or forfeit the right to take action as may be necessary or required in order to ensure compliance with said covenants and/or the purposes for which this Conservation Easement was granted. It is the responsibility of the property owner to be fully aware of all the conditions contained in the Conservation Easement Agreement as expressed herein. The Town of South Windsor will vigorously enforce the conditions established herein. EXCEPTIONS The GRANTOR with the written consent of the GRANTEE, acting by and through the Inland Wetlands Agency/Conservation Commission,may enter upon the CONSERVATION EASEMENT AREA to conduct the following activities: I. Removal of debris,dead trees or brush for the purpose of promoting safety; 2. Pruning and thinning of live trees and brush for the purpose of promoting safety and aesthetic quality,or restoration of natural balance including the removal of exotic species; 3. Planting of trees,shrubs or other vegetation for the purpose of enhancing wildlife or aesthetic quality. GRANTEE'S approval for exempted activities may be withheld only upon a reasonable determination by the GRANTEE that the action as proposed would be inconsistent with the purpose of this Conservation Easement Agreement. Consideration shall be given to the manner in which such activity is to be undertaken to ensure there is no detrimental impact to the natural character of the land. In addition,the wildlife value of brush and dead trees to be removed shall be considered and weighed_against the purpose of the request. _.. The above procedure shall not abrogate the requirement to acquire any permits required by local,state or federal law. Before commencement of any site work in the CONSERVATION EASEMENT AREA, the GRANTOR shall mark the boundaries of the CONSERVATION EASEMENT AREA with wooden stakes. Such stakes shall be located at the endpoints of the boundary at each change of boundary direction. The endpoints of the boundary shall be permanently marked with merestones. ACCEPTANCE OF EASEMENT vot. 1596PAGE 122 Acceptance of this Conservation Easement Agreement by the GRANTEE shall be evidence by an affirmative vote of the South Windsor Planning and Zoning Commission in accordance with the Town's Conservation Easement Ordinance,which is Section 164 of the South Windsor Code of Ordinances. LIMITATION ON RIGHT TO AMEND If circumstances arise under which an amendment to or modification of this Conservation Easement agreement would be appropriate,GRANTOR and GRANTEE may jointly amend this Agreement by following the procedure outlined in the Town's Conservation Easement Ordinance,which is Section 164 of the South Windsor Code of Ordinances. RELEASE OF EASEMENT If said CONSERVATION EASEMENT AREA,or any part thereof, shall be taken by condemnation, or release of the CONSERVATION EASEMENT AREA has been requested, then the procedures outlined in the Town's Conservation Easement Ordinance,which is Section 164 of the South Windsor Code of Ordinances must be followed. IDENTIFICATION AND INSPECTION OF CONSERVATION EASEMENT AREA The GRANTOR further covenants and agrees as follows: 1. The GRANTOR shall cause to be installed and maintained,merestones identifying the boundaries of the CONSERVATION EASEMENT AREA. 2. The GRANTOR hereby grants the GRANTEE the right to access the property for the purpose of maintaining markers identifying the boundaries of the CONSERVATION EASEMENT AREA. 3. The GRANTOR hereby grants the GRANTEE, upon reasonable notice,the right to have a representative of the Town inspect the CONSERVATION EASEMENT AREA to determine if the GRANTOR,its successors and assigns,are complying with the covenants and purposes of this Agreement._ 4. The GRANTEE may enforce this Agreement by proceeding in law or in equity,including but not limited to the right to require the restoration of the CONSERVATION EASEMENT AREA to the condition at the time of this agreement. Any costs incurred by GRANTEE in enforcing the terms of this Agreement against any violator including without limitation,costs of suit and attorney's fees,shall be borne by the violator. FINDING OF VIOLATION 1. If the GRANTOR is found by the GRANTEE,or its successor to have violated the terms of this Easement or Agreement,the GRANTOR agrees,among other things,to cease and Y va. 1596PAGE 123 desist from any activity violating the terms of this Conservation Easement Agreement, and further agrees to restore the CONSERVATION EASEMENT AREAS as closely as possible to their natural state. Such restoration shall include but is not limited to: a) replanting with trees, shrubs or other appropriate vegetation acceptable to the GRANTEE; b) removal of any debris,trash,garbage, ashes,waste,rubbish,silt,unsightly or offensive material; c) removal of any unauthorized buildings,signs,billboards or other advertising,or other structures on or above ground; d) emplacement and maintenance of erosion controls; e) restoration shall be at the expense of GRANTOR and in accordance with plans developed by a qualified professional such as a landscape architect and/or professional engineer,and approved by the GRANTEE or its successor. i 2. If the GRANTOR is found to have violated a Conservation Easement Agreement,the GRANTEE,or its successor,may exercise its discretion in accordance with the Town's Conservation Easement Ordinance,which is Section 164 of the South Windsor Code of Ordinances,to levy a daily fine following notification to the GRANTOR of a Finding of Violation,and proceeding until full restoration has been achieved and certified by the appropriate Town Agency. The foregoing Conservation Easement Agreement shall be permanent and binding upon the GRANTOR and his/her heirs,successors and assigns,except as herein before set forth,and inure to the benefit of GRANTEE, its successors and assigns. TO HAVE AND TO HOLD the above-granted rights,privilege or authority unto said GRANTEE,its successors and assigns forever,to its and their own proper use and behoof. IN WITNESS WHEREOF,the GRANTOR has hereunto set or caused to be set her hand and seal the day and year first aforementioned. Signed,Sealed and Delivered In the Presence of agq I9. V,0,� GRAN ANNE T. KEEN NeuuDR .4. Aldeil vet= i24 iu L.S. �OhP-rrlly ' IL("Ko e4wv K l RANTEE—TOWN O TH WINDSOR Town Manager Matthew B. Galligan E}�er ; STATE OF CONNECTICUT ) ss. South Windsor hr eit. -7 2004 COUNTY OF HARTFORD ) Personally appeared,ANNE T.KEEN,signer and sealer of the foregoing instrument and acknowledged the same to be her free act and deed before me. Jo A. Bond,Jr. Cohmiidsioner of the Superior Court STATE OF CONNECTICUT ) ss. South Windsor Agri I 1 2004 COUNTY OF HARTFORD Personally appeared,MATTHEW B. GALLIGAN,signer and sealer of the> regb'iii$f instrument,and acknowledged the same to be his free act and deed as such Town�inatxagec„' t;`•. .. before me. fj -,r e N Public 2t 171( # Commission Expires: S 3 S RECEIVED FOR RECORD: 4 o4- TIME 1:f S . M OWN CLERK,SOUTH WIND R,CT � VOL 1596PAGE' 125 DRAINAGE EASEMENT 02359 KNOW ALL MEN BY THESE PRESENTS,that ANNE T.KEEN,of the Town of South Windsor,County of Hartford and State of Connecticut(hereinafter referred to as"GRANTOR'),for the consideration of ONE DOLLAR($1.00)AND OTHER VALUABLE CONSIDERATIONS,received to her full satisfaction of THE TOWN OF SOUTH WINDSOR,a municipal corporation chartered under the laws of the State of Connecticut(hereinafter referred to as"GRANTEE"), do give,grant,bargain,sell and confirm unto the said TOWN OF SOUTH WINDSOR,its successors and assigns forever,a perpetual right to lay,install,maintain, inspect,operate,construct,use,alter,repair,replace,and remove storm water or storm drainage systems and appurtenances thereto,in,through,upon and over certain pieces or parcels of land as described in Exhibit A. Within said parcel described in Exhibit A,the GRANTEE,its successors and assigns,shall have the right to cut trees and bushes as may be convenient or necessary and to remove structures thereon,and to pass and repass with men and equipment,to operate equipment and install materials incidental to the construction of said storm water or storm sewer lines,storm water or storm sewer pipes,or storm water or storm drainage systems and to excavate and fill,and,if necessary,to alter existing water courses or form embankments over said storm water or storm sewer lines,storm water or storm sewer pipes,or storm water or storm sewer drainage systems. The GRANTOR herein,for herself,her successors and assigns,shall not erect or allow to be erected any immobile structures on said easements or rights-of-way and shall not plant or allow to be planted or grown any trees thereon or perform any work thereon within said easements or rights-of-way which may endanger or interfere with said line,pipe or drainage systems. The GRANTOR herein for herself,her successors and assigns,reserves the right to herself,her successors and assigns,to continue to use the land within which the aforesaid easements or rights-of-way have been granted for any uses and purposes which shall not in any way interfere with the use thereof by the GRANTEE,its successors and assigns,in fulfilling the purpose for which these easements or rights- of-way are granted. The GRANTEE herein,for itself, its successors and assigns,agrees to restore and maintain said premises in their original condition as nearly as possible commensurate with the above use upon the completion of any maintenance,operation,construction,replacement or repair work in said easement or right-of-way areas. The GRANTEE agrees to hold the GRANTOR,her successors and assigns,harmless from and against any and all damage to property or person caused by the construction and/or maintenance and repair of said sewer line. IN WITNESS WHEREOF,ANNE T.KEEN has hereunto set her hand and seal this 25"day of February,2004. l Witnes Mea fncl a A, Aid c-n Anne T.Keen CONVEYANCE TAX RECEIVED itne s oµk �. QoNs C• STATES LOCALS No.x TOWN CLERK OF SOUTH WINDSOR VOL. 1596PAGE 126 Exhibit A A certain piece or parcel of land,located in the Town of South Windsor,County of Hartford and State of Connecticut,known as Lot 2 on a map entitled"PROPERTY SURVEY PREPARED FOR ANNE T.KEEN, 140 PLEASANT VALLEY ROAD, SOUTH WINDSOR, CONNECTICUT,SCALE 1 inch=20 ft.,9/22/03,SHEET NO.2 OF 3,DESIGN PROFESSIONALS,INC. CIVIL ENGINEERS PLANNERS SURVEYORS LANDSCAPE ARCHITECTS GIS GPS, 165 SOUTH SATELLITE ROAD, SOUTH WINDSOR, CONNECTICUT", and being more particularly bounded and described as follows,to wit: Beginning at a point, said point being an iron pin on the northerly right-of-way line of Pleasant Valley Road and marking the southeast comer of the property described herein; thence,proceeding N 04° 18' 20"W along land now or formerly of Louis J.&Eleanor G. Ventitozzi,a distance of 54.03 feet to an iron pin;thence, S 74°25' 22"W a distance of 33.08 feet to a point;thence, S 15'34' 38"E a distance of 33.56 feet to a point;thence, S 64'46'45"E a distance of 29.74 feet to an iron pin, said iron pin being the point and place of beginning. i yoi. 159GPAGE 127 STATE OF CONNECTICUT ) ss. South Windsor February 25,2004 COUNTY OF HARTFORD ) On this 25 h day of February,2004,before me,John A.Bond,Jr.,the undersigned officer, personally appeared ANNE T.KEEN,known to me(or satisfactorily proved)to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. In witness whereof I hereunto set my hand. ohn .Bond,Jr. Cbmailssioner of the Superior Court TOWN HALL USE ONLY Approved by Town Engineer Date: M IVIVa t Af Approved by Town Manager p� Date: �/ y Received for Record APR 14 2004 Time: :(S P. M . VOL 1 5 9(o PAGE 1 a 5 Town Clerk i R M. 159SPAGE. 134 02363 STREET TREE EASEMENT This Street Tree Easement made this 25 h day of February,2004 by and between ANNE T.KEEN, of the Town of South Windsor, County of Hartford and State of Connecticut, hereinafter called"GRANTOR"and the TOWN OF SOUTH WINDSOR,a municipal corporation having its territorial limits within the County of Hartford and State of Connecticut,hereinafter called"GRANTEE" WITNESSETH: WHEREAS,the GRANTOR is the owner of real property,hereinafter described, situated on PLEASANT VALLEY ROAD,in the Town of South Windsor,County of Hartford and State of Connecticut; and WHEREAS,the GRANTEE,acting through its appropriate municipal agencies,has determined that it would be in the public interest to retain a Street Tree Easement on a portion of the premises of the GRANTOR; and WHEREAS,the GRANTEE, acting through its appropriate municipal agencies,has determined that the landscaping of said property can best be accomplished by the securing by the GRANTEE of a street tree easement over,across and upon the said property of the GRANTOR;and WHEREAS,the GRANTOR is willing,in consideration of the need to provide for the street tree easement,to grant to the said GRANTEE,the easement hereinafter expressed concerning said property,thereby providing for the continuation of said premises as a street tree easement; and WHEREAS,the GRANTOR intends to convey the property described herein to certain purchasers subject to this street tree easement and by granting said street tree easement to the GRANTEE shall not change the character of private ownership of said property and the public shall have no right to enter upon same. NOW,THEREFORE,the said GRANTOR does hereby give, grant,bargain and confirm unto the said GRANTEE,its successors and assigns-forever the right,privilege and authority as a street tree easement and restriction,to plant and perpetually preserve, street trees in their present condition within and upon a tree belt along the streets as shown on a map entitled"PROPERTY SURVEY PREPARED FOR ANNE T. KEEN, 140 PLEASANT VALLEY ROAD, SOUTH WINDSOR, CONNECTICUT, SCALE 1 inch= 20 ft., 9/22/03, SHEET NO. 2 OF 3, DESIGN PROFESSIONALS,INC. CIVIL ENGINEERS PLANNERS SURVEYORS LANDSCAPE ARCHITECTS GIS GPS, 165 SOUTH SATELLITE ROAD, SOUTH WINDSOR, CONNECTICUT"said map to be filed in the South Windsor Town Clerk's office. CONVEYANCE TAX RECEIVED �( STATES._.,_ LOCALS No. ` TOWN CLERK OF SOUTH WINDSOR VOL. 1596PAGE 135 THE GRANTOR FURTHER COVENANTS AND AGREES: 1. To maintain said tree belt;and 2. To prohibit and refrain from the following operations,unless prior written consent is obtained from the GRANTEE,acting through its appropriate municipal agency or successor,on the premises conveyed herein: a. the construction or placing of buildings, structures,roads,signs or fence; b. the dumping or placing of soil,leaves,yard wastes,etc.,or other substances or materials as landfill or dumping or placing of trash, ashes, waste,rubbish,junk,garbage or unsightly or offensive materials; C. the excavation,dredging or removal of loam,peat,gravel,soil,rock or other mineral substance; d. the removal or destruction of street trees. The GRANTOR reserves unto itself,its heirs, successors,and assigns the right to continue to use the property subject to said Street Tree Easement for all purposes not inconsistent with the terms hereof. The grant of the Street Tree Easement shall in no way grant anyone other than the parties hereto the right to enter upon the property subject to the easement. The GRANTEE,or its lawful agents,may enter the property for the purpose of inspection and ensuring that the terms hereof are properly enforced. The foregoing Street Tree Easement shall be permanent and shall be binding upon the GRANTOR and its heirs,successors and assigns,and shall inure to the benefit of the GRANTEE,its successors and assigns. TO HAVE AND TO HOLD the above granted rights,privileges or authority unto the said GRANTEE, its successors and assigns forever,to its and their own proper use. IN WITNESS WHEREOF,ANNE T.KEEN has caused these presents to be signed and her seal to be hereto affixed this 25th day of February,2004. Wi ,ess A Aid erl Anne T. Keen itn ss JoNu av�,C• VOL. 1596PABE 136 STATE OF CONNECTICUT ) ss. South Windsor February 25,2004 COUNTY OF HARTFORD ) Personally appeared ANNE T. KEEN,Signer and Sealer of the foregoing instrument and acknowledged the same to be her free act and deed before me. ohm .Bond,Jr. Cbmihissioner of the Superior Court Witness Town Manager y/y/oy Dam' RE�Q�jE�II�V��E��D��FOR RECORD- ATE_14L`t TIME M. OWN CLERK,SOUTH WINDS R,CT �' L= TOWN OF SOUTH WINDSOR DEC ® 2 2003 WETLAND AGENCY/CONSERVATION COMMISSION .TOWN CLERK ' MINUTES Page 1 November 19, 2003 MEMBERS PRESENT: Chairperson Elizabeth Warren, William Grace, Carol HefFler, Barbara Kelly, Richard Muller, and Audrey Wasik ALTERNATES PRESENT: Donald Gates sitting for Philip Forzley STAFF PRESENT: Jeffrey H. Folger, Environmental Planner/Conservation Officer Debbie Reid, Recording Secretary ITEM: Correspondence & Reports Holiday Social There will be a Chamber of Commerce and The Town of South Windsor Holiday Social held on December 11, 2003 at the Mill on the River Restaurant at 5:00 p.m. Individuals interested should respond to Judy Hall at 644-2511 ext. 201 by December 5, 2003. Leadership Roundtable There will be a Strategic Planning Leadership Roundtable held on December 10, 2003. ITEM: Minutes The November 5, 2003 minutes were approved by general consensus of the Commission. ITEM: Conservation Commission Maior Michael Donne/lypropeity The trailhead should be complete soon. There was a problem with water on the property. Because of this problem, the Town has gone over budget on this project and has been tapping into all resources from all departments. The Town will be looking for donations to construct the gazebo and a fishing platform. In the springtime, the area will be re-vegetated and witch hazel will be planted. The area has been stabilized. The Boy Scouts will be doing projects along the trail. A bridge and boardwalks will need to be constructed. TOWN OF SOUTH WINDSOR 006580 INLAND WETLAND AGENCY/CONSERVATION COMMISSION MINUTES Page 2 November 19 2003 Witch Haze/ There was an 80% to 90% survival rate for Witch Hazel planted at Nevers Road/and Abbe Road Extension. The year of the drought there was a 30% survival rate. ITEM: Wetland Offices Report Jeff stated that there has been no problems with material getting into the wetlands or watercourses as a result of the storm. Strong Road ITEM: Public Hearing Show Cause Hearin—Mil/on the River—Ellinaton Road Jeff explained that the Contractor did 90% of the necessary erosion control work. There is road runoff onto this site from Ellington Road. Jeff stated that he would notify the applicants Engineering firm. Ms. Karen Isherwood from Design Professionals came before the Commission. She explained that there is a need for additional parking and the applicant will be re-applying. There is a desire to keep the work going in order to stabilize the site. The applicant would like to put stone down for the bio-filtration system. Jeff stated that some areas would benefit if work were continued. After a brief discussion, it was decided that the Contractor could further stabilize the site with direction from Jeff. Motion to: remove the cease and desist order on appl. #03-67P — Mill on the River — 989 Ellington Road — Inland Wetland/Conservation Commission application to create an auxiliary parking lot across the street from the restaurant. RR, Residential zone. Was made by Commissioner Wasik Seconded by Commissioner Muller The-motion: carried The vote was as follows: unanimous I TOWN OF SOUTH WINDSOR 006582 INLAND WETLAND AGENCY/CONSERVATION COMMISSION MINUTES Page 4 November 19, 2003 Public Mr. Louis Ventitozzi of 176 Pleasant Valley Road came before the Commission. He Voiced his concern saying that water has never gone through the upper culvert. The lower culvert is blocked and should be cleaned out. Motion to: approve with conditions appl #03-70P — Keen Subdivision — 140 Pleasant Valley Road — Inland Wetland/Conservation Commission application to create a two-lot residential subdivision. A-40, Residential zone. Was made by Commissioner Heffler Seconded by Commissioner Kelly Commissioner Gates felt that the Town should be responsible for correcting the situation with this pipe. Jeff explained that if an easement is granted and there is enough concerns voiced by the residents, this will be put on a list to do maintenance by Public Works. Mrs. Eleanor Ventitozzi of 176 Pleasant Valley Road stated that the water build up has eroded her driveway. Her concern with more construction is that more water will go to her property. The motion: carried The vote was as follows: unanimous — Conditions: 1. One blueprint copy of the entire set of plans and this letter reproduced thereon, must be submitted to this Commission. This must be completed within 65 days of approval prior to any construction activity on the site. Plans submitted to Planning & Zoning Commission shall be considered having met this requirement. 2. The application shall indemnify and hold harmless the Town of South Windsor against any liability, which might result from the proposed operation or use. TOWN OF SOUTH WINDSOR 006581 INLAND WETLAND AGENCY/CONSERVATION COMMISSION MINUTES Page 3 November 19, 2003 ITEM: New Business Aopl. #03-70P—Keen Subdivision Ms. Karen Isherwood from Design Professionals came before the Commission to represent this application. She explained that the application is to allow a lot to be subdivided into two lots. There are wetlands on the eastern boundary of the site and a small triangle on the northerly portion o the site. There will be no wetland disturbance, but there is proposed to be 7,700 square feet of disturbance to the upland review area due to the foundation. Grading will be done for the underground utilities. Ms. Isherwood stated the e & s measures being taken on the site and changes being made are as follows: 1) Anti-tracking apron. 2) Silt fence along the down slope grading. 3) Foundation drain relocated to the front. 4) Underground utilities have been changed. 5) A conservation easement will be placed along the brook. 6) A maintenance easement to be granted to the Town by the property owner along the culvert area. Commission members discussed at length the 24 pipe that is clogged and whether or not it should be the responsibility of the property owner. Ms. Isherwood stated that runoff is coming from other sites also. The Town will be granted a right of way in order to be able to clean that pipe out. It was the general consensus of the Commission that one property owner should not have --- the responsibility of cleaning out a culvert: Commission Kelly felt that when a house is constructed on the site, a reasonable footprint should be used. Commissioner Heffler added that she is concerned with the protection along the brook. A conservation easement should be placed along that area. Mr. Matthew Keen stated that his concern is that if you have a conservation easement next to the culvert, it will not be able to be maintained and will have an undesirable appeal to the neighborhood. That area has always been mowed. Jeff stated that individuals that have land adjacent to a watercourse, try to make the area look like a park. A conservation easement will protect that side of the brook. Ornamental plantings could be placed in that area to supplement it. TOWN OF SOUTH WINDSOR 006583 INLAND WETLAND AGENCY/CONSERVATION COMMISSION MINUTES Page 5 November 19, 2003 (_ 3. The permit is valid for five years and shall expire on November 19, 2008. It is the landowner(s)/applicant(s) responsibility to track expiration dates and notify the Commission of a renewal request at least 65 days prior to expiration. 4. All approvals required must be obtained and submitted prior to any activity on the site. 5. A contact person shall be identified on the plans. 6. A conservation easement to be granted to the Town. The easement will be 25 feet from the wetland boundary along the West Side of the brook, East Side of the property. 7. A maintenance easement to be granted to the Town by the property owner along the culvert area. ITEM: Other Business Holiday Party The IWA/CC annual holiday party will be held on.January 14, 2003 at 6:00 p.m. at Calamari's. ITEM: Adjournment Motion to: adjourn the meeting at 8:50 p.m. --- Was made by Commissioner Heffler Seconded by Commissioner Kelly The motion: carried The vote was as follows: unanimous Respectfully submitted Deborah W. Reid Date Approved Recording Secretary i � a TOWN OF SOUTH WINDSOR AGENDA ASST TOWN CLERK 0 181 3 5.11 NOV 2 1 200 PLANNING& ZONING COMMISSION TUESDAY, NOVEMBER 25,2003 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN ROOM 7:30 p.m. `Please call the Planning Department, 644-2511, ext. 253 if you will be absent) i i PUBLIC HEARING—COUNCIL CHAMBERS 7:30 p.m. 1. Appl 03-70P, Keen Resubdivision, request for a resubdivision of 1.6+/- acres to create one new lot, for property located at 140 Pleasant Valley Road, A-40 zone 2. Appl 03-75P,Van's RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard, I zone 3. Appl 03-79P,Clifford and Pamela McClellan—request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road,RR zone 4. Appl 03-85P, Town of South Windsor Recreation Dept.,request for Temporary and Conditional permit to display a 16 sq ft sign for future location of Boundless Playground, at 150 Nevers Road,RR zone. REGULAR MEETING—MADDEN ROOM CALL TO ORDER: PUBLIC PARTICIPATION: NEW BUSINESS: Discussion/Decision/Action regarding the following: 1. Appl 03-70P, Keen Resubdivision, request for a resubdivision of 1.6+/-acres to create one new lot, for property located at 140 Pleasant Valley Road,A-40 zone 2. App103-75P,Van's RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard, I zone 3. Appl 03-79P, Clifford and Pamela McClellan—request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road,RR zone 4. App103-85P,Town of South Windsor Recreation Dept., request for Temporary and Conditional permit to display a 16 sq ft sign for future location of Boundless Playground, at 150 Nevers Road, RR zone. 5. PZC-sponsored amendments: (1)Buckland Road Gateway Development zone, proposed amendments to sections 5.8.6.a, Bulk Requirements; 5.8.6.c, Site Appearance Requirements; 5.8.6.c.6,Buffers; 5.8.6.d, Site Improvements; to add standards for properties with a Gateway Zone designation but no frontage directly on Buckland Road BONDS: Callings/Reductions/Settings MINUTES: OLD BUSINESS: See page 3/4 TOWN OF SOUTH WINDSOR U r� PLANNING&ZONING COMMISSION NOY 2 6 2003 TOWN CLERK 0 1 O 3 ; ACTION MINUTES -I- `� ` November 25 2003 MEMBERS PRESENT: Kevin McCann, Patrick Kennedy, Suzanne Choate, Sue Larsen, Bart Pacekonis, and Cliff Slicer. ALTERNATES PRESENT: Gary Bazzano to sit for Chairman Wentzell STAFF PRESENT: Michele Lipe, Assistant Director of Planning Jeff Doolittle,Town Engineer PUBLIC HEARING—COUNCIL CHAMBERS 7:30 p.m. Commissioner McCann,Vice Chair, opened the public hearing at 7:30 p.m. Commissioner Larsen read the legal notice as published in the Journal Inquirer. 1. Appl 03-70P, Keen Resubdivision, request for a resubdivision of 1.6+/- acres to create one new lot, for property located at 140 Pleasant Valley Road,A-40 zone Karen Isherwood, Design Professionals, Inc., presented the application to the Commission. The public hearing closed. 2. Appl 03-75P, Van's RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard, I zone Mark VanOstrand presented to the Commission the proposal for the renewal of the temporary and condition permit. There have been no changes to this permit. The public hearing closed. 3. App103-79P, Clifford and Pamela McClellan—request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road, RR zone Clifford &Pamela McClellan presented to the Commission the proposal for a temporary and condition permit renewal to allow goats on their property located at 85 Foster Road. There was opposition to this application due to the McClellan's having four goats on the property, where only one was previously approved. The public hearing closed. 4. App103-85P, Town of South Windsor Recreation Dept.,request for Temporary and Conditional permit to display a 16 sq-ft sign for future location of Boundless Playground, at 150 Nevers Road, RR zone. Ray Favreau, Director of Recreation, presented to the Commission the proposal to display a sign for the future location of the Boundless Playground at 150 Nevers Road. The public hearing closed. REGULAR MEETING—MADDEN ROOM 01 3 v 5 2 TOWN OF SOUTH WINDSOR PLANNING & ZONING COMMISSION ACTION MINUTES -2- November 25 2003 CALL TO ORDER: Commissioner McCann called the regular meeting to order. PUBLIC PARTICIPATION: CB Richard Ellis presented to the Commission for two proposals on the Schweir property,I zone. 1. Shopping Center approximately 170,000 sq ft 2. Self Storage facility approximately 50,000 sq ft There was a preliminary discussion of these items with the Commission. NEW BUSINESS: Commissioner Bazzano was appointed to sit for Chairman Wentzell. Discussion/Decision/Action regarding the following: 1. Appl 03-70P, Keen Resubdivision, request for a resubdivision of 1.6+/- acres to create one (_ new lot, for property located at 140 Pleasant Valley Road,A-40 zone Motion to approve with modifications Was made by Commissioner Kennedy Seconded by Commissioner Choate The motion carried The vote was as follows:unanimous 2. App103-75P, Van's RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard, I_ zone Motion to approve with modifications Was made by Commissioner Pacekonis Seconded by Commissioner Kennedy The motion carried The vote was as follows: unanimous 3. App103-79P, Clifford and Pamela McClellan—request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road, RR zone There was a discussion of the Commissioner regarding this application. Motion to approve App103-79P for a one-year temporary and condition permit for two goats TOWN OF SOUTH WINDSOR PLANNING& ZONING COMMISSION ACTION MINUTES -3- November 25,2003 Was made by Commissioner Kennedy Seconded by Commissioner Choate The motion carried The vote was as follows: unanimous 4. Appl 03-85P, Town of South Windsor Recreation Dept.,request for Temporary and Conditional permit to display a 16 sq ft sign for future location of Boundless Playground,at 150 Nevers Road, RR zone. Motion to approve Was made by Commissioner Pacekonis Seconded by Commissioner Kennedy The motion carried The vote was as follows: unanimous 5. PZC-sponsored amendments: (1) Buckland Road Gateway Development zone,proposed amendments to sections 5.8.6.a, Bulk Requirements; 5.8.6.c, Site Appearance Requirements; 5.8.6.c.6,Buffers; 5.8.6.d, Site Irnprovements;to add standards for properties with a Gateway Zone designation but no frontage directly on Buckland Road The Commission had a discussion regarding the Buckland Road Gateway Development PZC sponsored amendment. Motion to approve with modifications Was made by Commissioner Kennedy Seconded by Commissioner Larsen The motion carried The vote was as follows: unanimous BONDS: Callings/Reductions/Settings ----- 1. App 03-08P,-Podunk-Ridge-SRD Engineering recommends a bond in the amount$97,125.00 for site improvements for Appl. 403-08P, Podunk Ridge SRD Motion to set site improvements bond for App103-08P, Podunk Ridge SRD at$97,125.00 Was made by Commissioner Kennedy Seconded by Commissioner Larsen The motion carried The vote was as follows: unanimous 2. Appl 00-53P, Watson Farm Motion to reduce Appl 00-53P, Watson Farm site bond from&75,000.00 to $7,500 TOWN OF SOUTH WINDSOR 1 3 5 PLANNING& ZONING COMMISSION ACTION MINUTiSA '` -4- November 25 2003 f Was made by Commissioner Pacekonis Seconded by Commissioner Kennedy The motion carried The vote was as follows: unanimous 3. Appl 03-52, Rye Spring Subdivision,request for a 90-day extension for the filing of mylars Motion to approve 90-day extension for the filing of mylars Was made by Commissioner Kennedy Seconded by Commissioner Choate The motion carried The vote was as follows: unanimous APPLICATIONS TO BE OFFICIALLY RECEIVED: 1. Appl 03-86P, East Hartford Sand& Gravel Phase 7,request for a renewal for earth removal operations for property located on the easterly side of Route 5 (1440 John Fitch Boulevard- behind KF Brick Properties),I zone 2. App103-87P,Borawski Landscaping,request for a five-year major home occupation for a landscaping business from property located at 116 Fairview Drive, AA-30 zone . 3. Appl 03-88P, K.O.R.E.Fitness&Training,request for a special exception to Article 6.1.3.9 for a fitness facility for property located at 259 Sullivan Ave., I zone ADJOURNMENT: Motion to adjourn at 9:45 pm. was made by Commissioner Kennedy Seconded by Commissioner McCann The motion carried The vote was as follows:unanimous Respectfully,submitted, t� k eld� Kelli Koehler Recording Secretary TOWN OF SOUTH WINDSOR PLANNING& ZONING COMMISSION MINUTES -I- November 25 2003 MEMBERS PRESENT: Kevin McCann,Patrick Kennedy, Suzanne Choate, Sue Larsen, Bart Pacekonis, and Cliff Slicer ALTERNATES PRESENT: Gary Bazzano to sit for Chairman Wentzell STAFF PRESENT: Michele Lipe,Assistant Director of Planning Jeff Doolittle,Town Engineer PUBLIC HEARING—COUNCIL CHAMBERS 7:30 p.m. Commissioner McCann,Vice Chair,opened the public hearing at 7:30 p.m. Commissioner Larsen read the legal notice as published in the Journal Inquirer. 1. App103-70P, Keen Reuubdivision, request for a resubdivision of 1.6+/- acres to create one new lot, for property located at 140 Pleasant Valley Road, A-40 zone Karen Isherwood, Design Professionals, Inc., gave an overview of the application indicating there is a natural buffer separating the lot. Isherwood reviewed the Zoning Board of Appeals variances approved in July 10, 2003 and November 6, 2003 to allow a reduction of area and reduction of lot dept. The Inland Wetland Agency approved this application on November 19, 2003. The site will be services by a well,public water and sanitary sewer from Pleasant Valley Road. Driveway access will provide a turn around as required. The plans meet town staff requirements: The only outstanding issue is the maintenance of the channel bed and a ten-foot street tree easement that is being discussed with town staff. Lipe reviewed the Planning report: 1. Request for approval of a resubdivision to create 1 new lot located on the northerly side of Pleasant Valley Road,westerly of Route 5,A-40 zone. 2. Minimum lot size required in the A-40 zone is 40,000 sq ft. The applicant has received two lot size variances to create these lots—lot#1 will be 34,539 sf and the second lot will be 34,626 sf. A variance was also granted for Lot#1 to allow the existing house to be 49 feet from the front property line. 3. There is no open space requirement for this subdivision, as the applicant is creating less than 6 lots. 4. There are regulated wetlands on the site. The applicant received TWA/CC approval on 11/19/03,with a conservation easement required by IWA-CC to be placed 25 feet off the wetland boundary along the easterly side o f the property and is required to be monumented and marked as a conservation easement area. 5. The applicant is proposing one driveway cut from Pleasant Valley Road. The drive is shown with a turnaround. TOWN OF SOUTH WINDSOR U y PLANNING&ZONING COMMISSION MINUTES -2- November 25 2003 6. There are'no sidewalks shown in front of these lots; and there are no sidewalks along the northerly side of Pleasant Valley Road. 7. The site will be serviced by public water and sewers. WPCA approval is required. 8. The applicant has indicated that they plan to preserve some trees between the lots. A street tree easement has been provided along the Pleasant Valley Road frontage. The applicant has shown two new trees to be planted along the Pleasant Valley frontage. The applicant is also required to establish a new street line providing the town a 25' r.o.w. from the centerline of the road. 9. If this application is approved, the planning department has no additional modifications to request. -conservation easement must be monumented as required in the IWA/CC regulations. Doolittle reviewed the Engineering report: 1. The anti-tracking pad needs to be shown as 30 feet long, at a minimum 2. Is the proposed driveway to be paved? Please note this.The driveway needs a paved apron that extends at least 20 feet from the existing edge of pavement on Pleasant Valley Road. i t 3. Relocate the foundation drain for the proposed house so it discharges into the existing catch basin in front of this lot. The pipe should run up from the sump pump and through the wall such that the water flows by gravity down to the catch basin. This drain line also needs to have a check valve just after the pump outlet. 4. Regarding where the stream enters the 24"CMP that crosses the road. The inlet and pipe need to be cleaned of silt and debris, and an inlet sedimentation basin needs to be established. This should be done as part of this construction and then a drainage easement (at least 20 feet north into the property and 15 feet west past the pipe) given to the Town of South Windsor for future maintenance of this inlet and the pipe. , 5. Show monuments/iron pins to establish the street line in front of this property. 6. Who owns the triangle of property between where the center of the brook is presently located and where the former property line was located? 7. Street Excavation Permits must be taken out by the contractor before the installation of the driveway and water service. An application must be made to the WPCA for the Sanitary Sewer connection and this must be approved and any charges paid before this work is done. There were no public comments on this application. The Commission had no questions regarding this application. TOWN OF SOUTH WINDSOR p PLANNING& ZONING COMMISSION - MINUTES -3- November 25 2003 The public hearing closed. 2. Appl 03-75P, Van's RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard,I zone Mark VanOstrand presented to the Commission the proposal for the renewal of the temporary and condition permit to allow storage of recreational vehicles at 515 John Fitch Boulevard for 100-120 day in the spring. The applicant indicated there have been no changes to this permit. Lipe read the Planning Report: 1. Request for renewal of a two-year temporary and conditional permit to store RV inventory on an existing parking lot at the Mestek site at 515 John Fitch Blvd, I zone.This request was originally granted in February 2001 for a one-year period and expired in February 2002. 2. The wording of the T &C permit regulation is that,"Temporary and conditional permits may be granted by the Commission for a use which is not specified elsewhere in these regulations for a period not to exceed two years. Such approval may be given after a Public Hearing if, in the judgment of the Commission,the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use."Sales and storage of recreational vehicles are allowed in the General Commercial zone(GC is the zone in which the main Van's Leisure Living sales facility is located). 3. The Mestek parking lot is not fully utilized. The proposed area for RV storage is at the back of the side parking lot, about 330 feet from the edge of John Fitch Blvd,and is completely fenced. The parking lot area currently appears to be used for tractor-trailer unloading,and is not readily visible when driving by on Route 5. 4. If this renewal is approved, there are no requested modifications. There were no Engineering comments. There was no pubic participation on this application. Commissioner McCann commented the applicant should consider the possibility of meeting with town staff for a permanent change to allow storage of the recreational vehicles each year. The Temporary and Conditional permit is for a temporary use and requires renewal every two year. A permanent change would not require the applicant to renew the permit. The public hearing closed. 5. Appl 03-79P, Clifford and Pamela McClellan—request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road, RR zone �(jjt yp TOWN OF SOUTH WINDSOR L V PLANNING&ZONING COMMISSION MINUTES -4- November 25 2003 F Clifford &Pamela McClellan presented to the Commission the proposal for a temporary and condition permit renewal to allow goats on their property located at 85 Foster Road. It was stated the original permit was for one goat. The McClellans's daughter, Meghan,is currently involved with the 4-H and her goat gave birth to two baby goats in June 2003. The mother goat died and an additional goat was brought to the property to provide milk for the kids. Clifford McClellan indicated the property is sanitarily maintained. The applicant is looking to renewal their permit to allow goats on their property. Photos of the property and goats were submitted to the Commission for their review. Three letters were submitted to the Commission from Meghan's teacher,4-H leader, and their neighbor to the rear of the McClellan's in favor of the goats. Meghan McClellan addressed the Commission explaining the impact of raising these goats has brought to her life. She gave an overview of the maintenance,the commitment in raising her goats, and explained how well they have done is the area fairs over the summer. Pamela McClellan,mother of Meghan, addressed the Commission explaining how proud she is of her daughter and how the goats have become such a big part of their family. Pamela commented on her daughter's ability to maintain her honor grades at high school and her commitment to her goats. Katie McClellan,Meghan's older sister, explained to the Commission her sister's commitment to the goats. Cheryl Sager,4-H Leader, gave the Commission a background of the character of goats. The goats will be loud in the a.m. and p.m. at feeding times. The goats are sedentary during the day. Katie Bachman&Donna Hayward,neighbors to the left of the McClellans spoke in opposition of the application indicating the original approval was for one goat and there are four goats on the property. It was stated they do not want to be a bad neighbor having to complain knowing how much the goats mean to the McClellans. The goats a very loud and you can hear them even with the windows closed. It was thought the approval was for more than one goat. If it was - — known only one goat Katie and Donna would have complained sooner. Lipe read the Planning report: 1. Request for a renewal of a temporary and conditional permit for a structure to house a goat that is not in conformance with the required setbacks on property located at 85 Foster Road, RR zone.We have the applicant site plan which shows that the location of the structure. This was originally approved by this Commission in July of 2001 (expiring August 2003) and the applicant is now in requesting a renewal. 2. The regulations require that structures housing animals be a minimum of Section 4.1.4e requires any building housing animals or poultry are permitted"not less that one hundred (100)from a street or lot line, and no less than one hundred and fifty feet(150') from the nearest residential building on land under separate ownership. The proposed structure is 77 TOWN OF SOUTH WINDSOR PLANNING& ZONING COMMISSION MINUTES -5- November 25 2003 feet from on6 property boundary and 66 feet from the other(Cannot meet the 100 foot requirement). 3. - The applicant originally requested a variance to this regulation,however because the ZBA felt the request was temporary in nature, they recommended the applicant seek a T &C from this Commission. 4. The wording of the T&C regulation is that, "Temporary and conditional permits may be granted by the Commission for a use which is not specified elsewhere in these regulations for a period not to exceed two years. Such approval may given after Public Hearing if, in the Judgment of the Commission, the public convenience and welfare will be substantially or permanently injured and traffic and other hazards will not result from such use."Structures housing farm animals are permitted in Rural Residential zones,provided the property has the required animal shelter setbacks. If this application is approved,the Planning Dept. has no modifications to request. There were no Engineering comments on this application. The Commission had the following questions and concerns: Commissioner Bazzano inquired how did the number of goats go from one to four? Meghan responded goats are social animals and need companions and initially there were two. One of the goats died after giving birth to two kids and the other goat died of a disease. A goat was borrowed for milk to take care of the two baby goats. A goat was bought for Pamela McClellan from her daughter Meghan,making a total of four goats. Meghan stated the goat for milking could be return to her 4-H leader and one of the babies would be sold. Meghan indicated there was a misunderstanding that the original approval was for only one goat. Her intent was always to have two goats on the site. Commissioner Slicer commented he lives in a rural area of town adjacent to a farm. The frustration of the neighbor is understood,but this is a rural residential area and farm animals are permitted. The applicant stated they could reduce the number of goats to two. Commissioner Larsen and Commissioner Choate asked for clarification of the application, if the application is for the structure or for the goats? Lipe stated it is for the structure. When you provide a structure for farm animals it is at that time the regulations apply. Commissioner Kennedy addressed the neighbor in opposition inquiring if two goats remained would there be any objection to the approval of the application? The neighbor indicated she would like the approval for a one-year period so they could monitor the situation. TOWN OF SOUTH WINDSOR 0 PLANNING&ZONING COMMISSION MINUTES -6- November 25 2003 Commissioner Cottle congratulated Meghan on here success with the goats, but stated there is a responsibility to the number of goats that are permitted on the property. This is an emotional application and it seems that through the hearing this issue could be resolved. Pam McClellen apologized to their neighbor for the disturbance and indicated they would remove two of the goats from the property. Katie Hayward,the neighbor to the left stated if the approval is for two goats and the approval can be reviewed in 6 months they would withdrawal their opposition. Commissioner McCann commented the removal of the two goats may alleviate the situation,but when a goat has babies they would have to be sold. Meghan indicated she would need the babies on the property temporarily for approximately one month. Commissioner Larsen read three letters into the record in favor of the application. The public hearing closed. 5. Appl 03-85P,Town of South Windsor Recreation Dept.,request for Temporary and Conditional permit to display a 16 sq ft sign for future location of Boundless Playground, at 150 Nevers Road, RR zone. Ray Favreau,Director of Recreation,presented to the Commission the proposal to display a 4 x 4, 16 square foot sign for the future location of the Boundless Playground at 150 Nevers Road. The scheduled completion date is 2005. The sign would be posted until completion, approximately and 18 months period, and will assist in donations. The sign will be professionally designed. Lipe read the Planning report: 1. Request for a temporary and conditional permit to display a 16 sq ft sign indicating the --- future location of a new Boundless Playground, at 150 Nevers Road, RR zone. 2. The wording of the temporary and conditional permit is that, "Temporary and conditional permits may be granted by the Commission for a use which is not specified elsewhere in these regulations for a period of time not to exceed two years. Such approval may be given after a Public hearing, if in the judgement of the Commission,the public convenience and welfare will be substantially served, and the appropriate use of neighboring property will not be substantially or permanently injured, and traffic and other hazards will not result from such use." 3. The existing sign regulations do not accommodate this type of signage. Temporary signs of civic organizations are allowed to advertise specific events and are limited to 90 days. 4. If this application is approved,Planning Dept.has no requested modifications. TOWN OF SOUTH WINDSOR 01614G PLANNING&ZONING COMMISSION MINUTES -7- November 25 2003 There were no Engineering comments. There was no public participation on this application. The Commission had no questions. The public hearing closed. There was a ten-minute recess before the regular meeting. REGULAR MEETING—MADDEN ROOM CALL TO ORDER: Commissioner McCann called the regular meeting to order. PUBLIC PARTICIPATION: CB Richard Ellis representing the Schwier family presented to the Commission two perspective proposals for the Schweir property, I zone. 1. A zone change for retail shopping center of approximately 170,000 sq ft. Would have to obtain a zone change for this parcel and would like feedback from the Commission regarding a zone change. 2. Self-Storage facility approximately 50,000 sq. ft. on the back of the site and land bank the remainder of the site. CB Richard Ellis stated she spoke with Marcia Banach,Director of Planning, and she mentioned that may not be in the plan for this area of town.h Chairman McCann explained this preliminary discussion is not a binding agreement. Any application would be review by the Commissioner through the Planning&Zoning process. CB Richard Ellis indicated they understood. Commissioner Kennedy commented on the traffic impacts relating to retail in this area could be a challenge when seeking a zone change. Commissioner Choate inquired what zone would they be seeking and indicated the Commissioner would be looking for the best possible use. CB Richard Ellis responded they are unsure but a zone that would allow retail. This is a very visible site and the best use in the market would probably be retail. i Commissioner McCann indicted the location of the site on Sullivan Avenue and Route 5 is a gateway to South Windsor. This site will be subject to access management and traffic issues �t y TOWN OF SOUTH WINDSOR - PLANNING& ZONING COMMISSION MINUTES -8- November 25 2003 could be a concern for retail in this area. Self-storage units due to the visibility of this site may not be the best possible use. Commissioner Larsen stated she agrees with Commissioner McCann's comments. The preliminary discussion concluded. NEW BUSINESS: Commissioner Bazzano was appointed to sit for Chairman Wentzell. Discussion/Decision/Action regarding the following: 1. Appl 03-70P, Keen Resubdivision, request for a resubdivision of 1.6+/- acres to create one new lot, for property located at 140 Pleasant Valley Road, A-40 zone Motion to approve with modifications was made by Commissioner Kennedy. 1. This approval is for 2 lots, numbered 1 and 2. 2. Drainage and construction for this subdivision is subject to the approval of the Town Engineer. 3. All lots shall be serviced by the Town of South Windsor sanitary sewer system and are subject to the approval of the Water Pollution Control Authority. 4. Water shall be supplied to this subdivision by public water. 5. A liability insurance policy shall be submitted to this Commission naming the Town of South Windsor as an insured,with a combined single limit for bodily injury and/or property damage in the amount of$1,000,000. 6. This application is subject to the conditions of approval of the Inland Wetlands ._-------. Agency/Conservation Commission. 7. Trees within the Street Trees Easement and any other trees on land that is currently or will in the future become Town-owned land are to be planted in accordance with the enclosed Tree Planting Specifications. 8. Prior to commencement of any site work, a meeting must be held with Town Staff. 9. All plans used in the field by the developer must bear the stamp and authorized signature of the Town of South Windsor. 10. All easements for conservation purposes, drainage or utilities, that may be required in connection with the approval of this subdivision,must be submitted on standard Town easement form where appropriate,to this Commission prior to filing the mylars and issuance of building permits. All deeds for open space,public improvements and roadways must be submitted prior to request for Town acceptance; all deeds must be in accordance with the U 1 U9 4 O`z TOWN OF SOUTH WINDSOR PLANNING&ZONING COMMISSION MINUTES -9- November 25 2003 policy for accepting deeds and must be approved by the Engineering Department and Town Attorney. 11. Footing drains are required for each house. Prior to the building of any structure on a lot, a topographic map, drawn to a scale of 1" =40', shall be submitted for each lot in the subdivision, showing proposed contours, elevations and the location of the footing drains.No building permits will be issued until the proposed contours, floor elevations and location of footing drains have been approved by the Town Engineer. 12. If, for any reason, finished grading and other individual lot site work is not completed,the Town Engineer shall determine the amount of a cash bond to ensure final grading and site work. This cash bond must be submitted prior to issuance of a Certificate of Occupancy. 13. Quantity estimates must be submitted to the Town Engineer(on the enclosed form)for the purpose of determining subdivision bonding.All bonds shall conform to the enclosed bond policy and shall be posted prior to filing the final plans in the Town Clerk's office. If the developer chooses to submit a Letter of Credit for a one year term, said Letter of Credit must be renewed on a yearly basis until completion of the development. If a new Letter of Credit has not been received within 30 days before the expiration date, the Commission may, at its option,call the Letter it is holding. 14. A drainage assessment fee in the amount of$50.00 shall be submitted to this Commission. 15. The Town Engineer's review comments dated 11/17/03 must be addressed to the Town Engineer's satisfaction. 16. No building permits will be issued until all modifications have been complied with,and the final plans have been filed in the Town Clerk's office. Seconded by Commissioner Choate. Commissioner Larsen commented that ZBA approvals are being granted before an application is submitted to Planning&Zoning. Lipe stated the PZC might want to schedule a meeting the ZBA to discuss these issues. Commissioner Choate stated there is a roundtable meeting and that may be a good time to bring up this topic with ZBA. Commissioner Pacekonis proposed a friendly amendment for the maintenance of the buffer of hemlocks that is currently in place. Commissioner Slicer indicated saving hemlocks could be a financial burden on a property owner. A buffer will grow naturally if the hemlocks are removed. Commissioner Choate stated the houses are 120 feet, which is a considerable distance. The friendly amendment was withdrawn. TOWN OF SOUTH WINDSOR 018403 PLANNING&ZONING COMMISSION MINUTES -10- November 25 2003 The motion carried and the vote was unanimous. 2. Appl 03-75P,Van's RV Center request for a two-year renewal of a temporary and conditional permit for the storage of recreational vehicles at 515 John Fitch Boulevard, I zone Motion to approve with modifications was made by Commissioner Pacekonis. 1. The approval will expire on November 24, 2005. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous. 2. App103-79P, Clifford and Pamela McClellan—request for renewal of a two-year temporary and conditional permit for one goat at 85 Foster Road,RR zone There was a discussion of the Commission to approve the application for a one-year period. Motion to approve Appl 03-79P for a one-year temporary and condition permit for two goats At 85 Foster Road was made by Commissioner Kennedy. 1 This approval will expire on November 24,2004. Seconded by Commissioner Choate. The motion carried And the vote was unanimous. 3. Appl 03-85P,Town of South Windsor Recreation Dept.,request for Temporary and Conditional permit to display a 16 sq ft sign for future location of Boundless Playground, at 150 Nevers Road,RR zone. Motion to approve was made by Commissioner Pacekonis. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous. 4. PZC-sponsored amendments: (1)Buckland Road Gateway Development zone,proposed amendments to sections 5.8.6.a, Bulk Requirements; 5.8.6.c, Site Appearance Requirements; 5.8.6.c.6,Buffers; 5.8.6.d, Site Improvements;to add standards for properties with a Gateway Zone designation but no frontage directly on Buckland Road The Commission had a discussion regarding the Buckland Road Gateway Development PZC sponsored amendment. Motion to approve with modifications was made by Commissioner Kennedy. 1. The amendment will become effective upon the publication of the amendment. Seconded by Commissioner Larsen. The motion carried and the vote was unanimous. TOWN OF SOUTH WINDSOR 01340 PLANNING& ZONING COMMISSION MINUTES -11- November 25 2003 i BONDS: Callings/Reductions/Settings 1. App 03-08P, Podunk Ridge SRD Engineering recommends a bond in the amount$97,125.00 for site improvements for Appl. #03-08P,Podunk Ridge SRD Motion to set site improvements bond for App103-08P,Podunk Ridge SRD at$97,125.00 was made by Commissioner Kennedy. Seconded by Commissioner Larsen. The motion carried And the vote was unanimous. 2. App100-53P,Watson Farm Motion to reduce App100-53P, Watson Farm site bond from &75,000.00 to $7,500 was made by Commissioner Pacekonis. Seconded by Commissioner Kennedy. The motion carried and the vote was unanimous. APPLICATIONS TO BE OFFICIALLY RECEIVED: 1. Appl 03-86P,East Hartford Sand&Gravel Phase 7,request for a renewal for earth removal operations for property located on the easterly side of Route 5 (1440 John Fitch Boulevard- behind KF Brick Properties), I zone 2. Appl 03-87P,Borawski Landscaping,request for a five-year major home occupation for a landscaping business from property located at 116 Fairview Drive, AA-30 zone 3. Appl 03-88P,K.O.R.E. Fitness&Training,request for a special exception to Article 6.1.3.9 for a fitness facility for property located at 259 Sullivan Ave., I zone — - ADJOURNMENT: Motion to adjourn at 9:45 pm. was made by Commissioner Kennedy. Seconded by Commissioner McCann. The motion carried and the vote was unanimous. Respectfully submitted, ,tart- a a//o/6 Kelli Koehler Recording Secretary / SOMx.see 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 ��4Osoa•co�� AREA CODE 8601644-2511. July 17,2003 CERTIFIED#700205 1 0000 0 8 1 1 5 1 942 Design Professionals,Inc. Attn: Peter DeMallie 165 South Satellite Road South Windsor,CT 06074 Re: Appl,#2582-03—Anne T.Keen,140 Pleasant Valley Road,A40 zone Dear Mr.DeMallie: At the meeting of the South Windsor Zoning Board of Appeals held on July 10,2003,the Board approved your request for three variances to section 10.2: 1)2,749 sq. ft.variance to allow a lot area of 37,251 sq. ft.;2)a 5,388 sq. ft. variance to allow alot area of 34,612 sq.ft.;and 3)a 24.7 ft. variance to allow a lot with 175.3 ft. of lot depth,at 140 Pleasant Valley Road,A-40 zone. The Board concluded the hardship to be as follows: The way the original lot was designed created the necessity for a variance. This application is subject to subdivision 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, Robelt Wanen,Chairperson Zoning Board of Appeals RW:dr cc: Building Department TOWNOFSOUTH WINDSOR 002018 ZONING BOARD OFAPPEALS Minutes 2 Juiy10.2003 one house. This regulation will allow those types of properties an opportunity to be developed if they meet certain criteria. Mr.Ussery explained that this parcel was originally a total of 28 acres.The 4.1 acres is what is remaining after the State of Connecticut took the rest of the property for I-291. With no further questions, the public participation portion of this appeal closed at 7:55 p.m. 2. Appl. #2582-03—Anne T.Keen,request for two variances to section 10.2 for lot sizes: 1)2,749 sq. ft.variance to allow a lot area of 37,251 sq. ft. (40,000 sq. ft. required); 2) a 5,388 sq. ft.variance to allow a lot area of 34,612 sq.ft. (40,000 sq. ft. required); and 3) a 24.7 ft. variance to section 10.2 to allow a lot with 175.3 ft. of lot depth(200 ft. required), at 140 Pleasant Valley Road,A40 zone. Commissioner Anthony recused herself from this application. Commissioner Jeski sat for this application. Mr.Peter DeMallie came before the Board to represent this application. Mr.DeMallie explained that his client would like to request three variances in order to split her property into two lots. One lot would contain her residence and the second would be a new building lot. Is`variance—lot#1 This request is to allow lot area of 371251-sq. ft. (40,000-sq. ft.required). 2nd variance—lot#2 This request is to allow lot area of 34,612-sq. ft. (40,000-sq. ft. required). 3rd variance—lot#1 This request is to allow lot depth of 175.3 feet(200 feet required). Mr. DeMallie explained that Mrs. Keen resided at this location for over 25 years. Her house is located on the westerly side of the proposed 1.54-acre parcel. A hedgerow frames the entire area. Both lots are slightly undersized from the A-40 zone, but are not inconsistent with other lots in the immediate vicinity. The following are hardships or reasons why it is believed these variances should be granted: 1) The unique shape of the lot. 2) Large evergreen hedgerows visually separate the proposed lot#2. 3) The proposed lot 92 has the full appearance of a building lot. TOWN OFSOUTH WINDSOR ZONING BOARD OFAPPEALS 002019 Minutes 3 Ju/y10,2003 4) Twenty-two lots(69%)of the thirty-two lots in the immediate vicinity are either non- conforming to area or frontage. 5) Eighteen lots (56%)of the thirty-two lots are non-conforming to the required frontage. 6) Fourteen lots (40%) of the thirty-two lots are non-conforming to the area requirement. 7) Both lots have well over 200' of frontage. 8) Both lots are larger than 3 or 4 lots to the east. 9) Four lots to the east are deficient in lot frontage. 10)Eleven area lots are smaller than what is being proposed. 11)Public sewer and well service existing house(lot#1). 12)Lot#2 would have full public utilities. 13)Lot#1 has a 36' sideline from the proposed new lot. 14)The only way to create a conforming lot depth for lot#1 is to alter lot lines. 15)All other zoning requirements can be met. 16)This proposal will not undermined the integrity of the regulations. 17)If these lots were in another part of Town,the lot area and lot depth would exceed the minimum requirement. The applicant will be moving to a more appropriate living environment due to health issues. There is no property available to buy which could make both lots conforming. Public in favor A letter from Mr. Vibert(Attachment A). A letter from the property owner across the street(Attachment B). A petition with more than 60 signatures(Attachment Q. Mr. Louis Keen came to speak in favor of this application stating that he feels this is a great --------- opportunity and would like to stand in support of this application. - Mr.Richard Strong of 394 Graham Road felt this proposal is consistent with the are and could --suppart anotherresidenea.--- ---- -- ------ — Ms.Nelcy Formeister of 102 Pleasant Valley Road and felt this proposal would conform to the lots in this area. Mr. Adam Scott of 88 Cinnamon Springs stated that this proposal would conform to the lots in this area. Mr. Matthew Keen came before the Board to speak in favor of this application. TOWN OFSOUTH WZNDSOR 002020 ZONING BOARD OFAPPEUS Minutes 4 &Iy10, 2003 i Public in opposition Mr.Lou Ventitozzi of 176 Pleasant Valley Road stated that although he is not against it,he has failed to understand the hardship on the property. Mr. DeMallie explained that there is no other land available to buy which could make these lots conforming. Comments or Questions W.James Dina of 789 Main Street came before the Board. W.Dina explained that he feels when looking at a proposal,the surrounding neighborhood needs to consider what would be good for the entire neighborhood. Mr.Fred Bachelle of 206 Pleasant Valley Road stated that he is an adjacent landowner and he never received any notification by mail. The odd shape of the new proposed lot will prevent anyone from constructing anything in the side yard. Mr.Bachelle also stated that there are larger lots around the neighborhood also. Answering questions from the Board,Mr. DeMallie explained that the peculiar shape of this lot and the inability to gain any land make it impossible to conform to lot depth. There was a lengthy discussion regarding different aspects of this property which create difficulty meeting the regulations. h With no further questions,the public participation portion of this appeal closed at 8:50 p.m. 3. Appl.#2583-03-Tim&Suzie Cooney,request for a 4' variance to section 10.2 to allow a proposed front porch 36' from the property line(40' required) at 176Hilton Drive,A- 20 zone.. W.-Tim Cooney came before the Board to represent this application. He explained that he would7I lwto-requM-Y44-vadmm Iwo r& bt9d-a-kontpuruhmd scnmdVmy-udditio ff--The------ porch would enhance the aesthetics of the house and provide a balance to the addition. Two abutting neighbors were told about this proposal and neither seem to have any problem with it. No one from the public spoke in favor or opposition to this appeal. Answering questions from the Board,Mr. Cooney explained that the porch would be on the first floor where the existing front steps are located. Mr. Cooney agreed with Commissioner Berstene's statement that the original placement of the house does not allow any additions to this property that would be in conformance to the regulations. TOWN OFSOUTH WINDSOR O O 2 O 2 ZONING BOARD OFAPPEALS Minutes 5 7u%v10 2003 With no further questions,the public participation portion of this appeal closed at 8:55 p.m. DELIBERATIVE SESSION ITEM: Appl.#2581-03—Mannarino Builders,Inc., 727 Chapel Road,RR&RR O zones Chairperson Warren stated that this lot has wetlands to work around and the taking of land for I- 291 presents a hardship. Motion to: approve appl. #2581-03—Mannarino Builders,Inc., 1169 Ellington Road, two variances: 1) a variance to section 10.3.7.1 to allow buildable square 80' x 125' (90' x 90' required); and 2) a variance to section 4.6.1C to allow an interior lot on a parcel of land which did not exist prior to the adoption of the interior lot regulation, on property located at 727 Chapel Road,RR&RR-O zones. Was made by Commissioner Dickey-Gaignat Seconded by Commissioner Anthony The motion: carried The vote was as follows: unanimous f Hardship: 1) The wetlands on the property make it impossible to conform to the regulations. 2) The State taking property for the construction of the I-291 corridor created the necessity for the variances. ITEM: Appl.#2582-03—Anne T.Keen, 140 Pleasant Valley Road,A40 zone Commissioner members discussed at length their opinion of a hardship on this request. Motion to: Approve appl. #2582-03—Anne T.Keen,three variances to section 10.2: 1)2,749 sq. ft. variance to allow a lot area of 37,251 sq. ft. (40,000 sq. ft. required);2)a 5,388 sq. ft. variance to allow a lot area of 34,612 sq. ft.(40,000 sq. ft. required); and 3) a 24.7 ft. variance to allow a lot with 175.3 R. of lot depth(200 ft. required),at 140 Pleasant Valley Road,A40 zone. Was made by Commissioner Berstene Seconded by Commissioner Dickey-Gaignat The motion: carried The vote was as follows: 4 to 1 with Commissioners Warren Berstene,Dickey-Gaignat and Wagner voting in favor of approval and Commissioner Jeski voting against approval 9 a �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 l�Osoa•co`'� TELEPHONE(860) 644-2511 November 5, 2012 CERTIFIED #7011 0470 0003 7146 8485 Tim Shepard J.E. Shepard Co. P.O. Box 415 East Windsor Hill, CT 06028 RE: Appl. 2764-12—variance request 140 and 156 Pleasant Valley Road Dear Mr. Shepard: At the meeting of the South Windsor Zoning Board of Appeals held on November 1, 2012, the Board denied your request for a 39.2 foot variance to Table 3.1.2A to allow lot widths of 160.8 feet (200 ft. required) for properties located at 140 Pleasant Valley Road and 156 Pleasant Valley Road, A-40 zone. The Board concluded there was no hardship with this application. Very truly yours, orv--" I(::* 'Thomas Berstene, Chairperson Zoning Board of Appeals TB/dt cc: Building Department Dorothy Pysh, 140 Pleasant Valley Road Ln ..CID CID E Postage $ ! } N Certified Fee `\ fr'I ` �Pastmerk tr p Retum Recelpt Fee Here M1 3 (Endorsement Required) r3 Restricted Delivery Fee EM (Endorsement Required) Total Postage&Fees $ f O Sent To rq 1-9 ,m Sh-eclSv��� OrJ-------------_--- .---.---.-._- - r Btete,ZIP+4 ry ) I O 6 RECEIVED P. O. BOX 415 EAST WINDSOR HILL, CONN. 06028 NOV L O 2012 TEL 860-289-1507 FAX 860-291-8705 TOWN MANAGER'S OFFICE TOWN OF SOUTH WINDSOR November 13, 2012 Thomas Berstene, ZBA Town of South Windsor South Windsor, CT 06074 Dear Chairperson, Although I was disappointed with the ZBA decision, I understand the perplexing situation. I only hope, if the opportunity arises to modify the regulations, that the ZBA will request the latitude of common sense. Many thanks for your volunteerism and efforts on my application. Sincerely, Tim Shepard