HomeMy WebLinkAbout499 King St Variance . 0 dED
SCANNED TOWN OF SOUTH WINDSOR ' got3
ZONING BOARD OF APPEALS APPLICATIO '7 " eH'WNosoR
;f VARIANCE Application#
® APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec'd
Applicant: _ NTN�hI`1 13A�A.Lk c--�
Address: 4115 Y0rmA v" ^OA sFec6T ANb'9
Telephone #: o?03 -30N /8 `t 7
Property Owner. I tarnska.p. r)ON E
Address: A199 /6"C, STasEr
Telephone#:
Location of Subject Property in Question: y an A,"r�
Zone _
1. Are there wetlands on the property? YES NO
2. Is any part of the premises within 500' of town line? YES NO
3. Is this property within the CT Water Aquifer area? YES NO
(If yes, the applicant must file an application with the CT Water Company and submit copy with their application.)
Requesting a Variance to Zoning Regulation Section(s): I rac3t_6 3 . ( , ,A
Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision:
(Attach additional sheet if needed)
d A(,Lo&-> "THS EfCtsTi&>r. at>rc.orruG Lo"r To 13•E I SEj
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For Variance request only:
1. Strict application of the regulations would produce UNDUE HARDSHIP becatt Et,
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2. The hardship created is UNIQUE and not shared by all properties alike in the
neighborhood because �J
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3. The variance would not adversely impact neighboring property; i.e. public health, safety,
convenience, welfare and property value, because
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Applicant's;Name(please print) �(,sT(to+,stiaef3Ac-�sar �.,
Signature „� Qj_ ,�-/O Date `f 8
Property Owner's Name (please print) %Qr»ara TQ(Y/»P
Signature 7ia10 Date �{ 41-3
DO NOT WRITE BELOW
Action of the Board: 0 Approved 0 Denied
Date z�?i 3 Date
Approved: r� Denied:
effective 5/1/07 Town GIS Pin# � Uy�-
Town of South Windsor, CT
o WK� &
GIS PIN 50400499 Account 50400499
Property Listing Report
Property Information
Property Location 499 KING STREET Sewer Service
Owner TEDONE TAMARA Census Tract 4875
Co-Owner Neighborhood 150
Mailing Address 499 KING STREET Zoning Code RR
SOUTH WINDSOR CT 06074 Acreage 0.61
Land Use 101 Res Dwelling Book/Page 15551327
Land Class R Lot Setting/Disc
Water Service MDC 860.278.7850 Trash Day MONDAY
Photo Sketch
1
1
Primary Construction Details
Year Built 1948 Bedrooms 4 Exterior Walls Brick
Stories 1.5 Full Bathrooms 1 Interior Walls Drywall
Building Style Cape Half Bathrooms 1 Heating Type Hot Water
Building Use Residential Bath Style Average Heating Fuel Oil
Building Condition C+ Kitchen Style Average AC Type
Floors Hardwood Roof Style Gable Gross Bldg Area 4048
Total Rooms Roof Cover Asphalt Total Living Area 2014
Report Created On 41812013
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a 4 Town of South Windsor, CT
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Property Listing Report GIS PIN 50400499 Account 50400499
Valuation Summary (Assessed value=70°/of Appraised Value) Outbuilding and Extra Items
Item Appraised Assessed Type Description
Buildings
Outbuildings
Improvements
Extras
Land
Total 0
Sub Areas
Subarea Type Gross Area(sq ft) Living Area(sq ft)
Total Area 4048 2014
Sales History
Owner of Record Book/Page Sale Date Sale Price
TEDONE TAMARA 1555/327 11/2412003 215000
RUSSAK ALEXANDER JR& 11591 28 8/21/2000 0
Report Created On 41812013
Print Map Page 1 of 1
Town of South Windsor
Geographic Information System (GIS)
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Date Printed:4/8/2013
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MAP DISCLAIMER- NOTICE OF LIABILITY Approximate Scale: 1 inch=100 ft
This map is for assessment purposes only.It is not for legal
description or conveyances.All information is subject to verification by W E
U 100
any user.The Town of South Windsor and its mapping contractors
assume no legal responsibility for the information contained herein. Feet S
http://southwindSOr.mapxpress.net/ags_map/printbuffermap.asp?extentYmin=8523 78.56045... 4/8/2013
(Page 1 of 3)
VOL, 1555PAGE 327
WARRANTEE DEED(Survivorship) . 111.94
To all People to whom these Presents shall come,Greeting:
KNOW YE,THAT WE,ALEXANDER RUSSAK,M,of the Town of South
Windsor,County of Hartford and State of Connecticut and BARBARA R.DUFFY,of
the Town of Enfield,County of Hartford and State of Connecticut(Hereinafter
"Grantors")
for the cousideration of TWO HUNDRED FIFTEEN THOUSAND($215,000.00)
DOLLARS
received to our full satisfaction of TAMARA TEDONE,of the Town of Windsor,
County of Hartford and State of Connecticut(Hereinafter"Grantee")
do give,grant,bargain,sell and confirm unto the said TAMARA TEDONE
and the survivor of her,and the heirs and assigns of the survivor of her forever
SEE SCHEDULE"A"ATTACHED HERETO AND MADE A PART HEREOF
To Have and to Hold the above granted and bargained premises,with the
appurtenances thereof,unto them the said grantee and the survivor of her,and the heirs
and assigns of the survivor of her forever,and to their own proper use and behoof. And
also,we,the said grantors do for ourselves,heirs,executors,administrators,and assigns,
covenant with the said grantee,her survivor and such survivor's heirs and assigns,that at
and until the ensealing of these presents,we are well seised of the premises,as a good
indefeasible estate in Fee Simple;and have a good right to bargain and sell the same in
manner and form as is above written;and that the same is free from all encumbrances
whatsoever,except as is above written.
And Furthermore,We,the said grantors do by these presents bind ourselves and
our heirs and assigns forever to Warrant and Defend the above granted and bargained
premises to her the said grantee and to the survivor of her and such survivor's heirs and
assigns,.against all claims and demands whatsoever,except as is above written.
CONVEYANCE TAX RECEIVED
STATE$ 10 , —LOCAL s —N o,
TOWN CLERK OF SOUPi W NDSOR
-T-_._"I_."
Book:1555,Page:327
(Page 3 of 3)
VOL. 1555PAGE 329
SCHEDULE"A"
that certain piece or parcel of land,located in the Town of South Windsor,on King
Street,being more particularly described in a map or plan entitled"Property of Alex&
Gladys R.Russak,King Street,South Windsor,Conn.,scale I"=30',June 1949,C.W.
Brooks." Said land is more particularly bounded and described as follows
NORTH: by land now or formerly of Russak Brothers,Incorporated,
133.5 feet;
EAST: by land now or formerly of Russak Brothers,Incorporated,
200 feet;
SOUTH: by King Street,133.5 feet;and -
WEST: by land now or formerly of Russak Brothers,Incorporated,
200 feet.
Subject to building,building line and zoning restrictions as of record appear and taxes
and municipal ordinances of the Town of South Windsor.
RECEIVED FOR RECORD:
11
DATE '0 TIMEL "• M•
rla-1` —Sao" ('
TN WINDSON OT
TDWN CI.�IIK.EW
Book:1555,Page:327
(Page 2. of 3)
VOL. 1555PAGE 328
IN WITNESS WHEREOF,WE,ALEXANDER RUSSAK,JR,and BARBARA R
DUFFY
have hereunto set our hands this 24th day of November,2003
Signed and Delivered in the presence of
CESS. GRANTORS:
K vin F.Rennili ArexaoAerRussak,Tr.
Barbam R.Duffy Tv
STATE OF CONNECTICUT)
ss: South Windsor November 24,2003
COUNTY OF HARTFORD )
Personally Appeared Alexander Russak,Jr.,and Barbara R.Duffy,signers of the
foregoing instrument,and acknowledged the same to be their free act and deed before me.
Kevin F.Rennie
Commissioner of the Superior Court
Grantees'Address:
499 King Street
South Windsor,CT 06074
Book:1555,Page:327
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�. o•Y� Appl. 2769-13 —Anthony Barbagallo „ �o
PARCELS TOWN LINE
499 King Street 0 1 inch = 100 feet
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Town of South Windsor
Planning Department
Memo
To: Tom Berstene, Chairman,Zoning Board of Appeals
From: Michele R. Lipe,AICP Town Planner
Date: 4/24/13
Re: May ZBA Application
1. Appl. 2769-13 —Anthony Barbagallo - request for a 33 foot variance to Table 3.1.2A
to allow the existing building lot with 142 feet of frontage (175 feet required), on
property located at 499 King Street, RR zone.
This is an unusual application and I will briefly explain the background to help give you
an understanding of this variance request. I plan on attending the meeting, but would be
happy to talk with any members prior to the meeting.
The existing house at 499 King Street was constructed in 1948 on a building lot that had
133.5 feet of frontage on King Street, 200 feet of depth and approximately 26,670 sf of
area.
In 1990, Mr. Russak,the then owner of 499 King Street as well as surrounding properties
applied to the PZC for a subdivision approval to create two new building lots north of the
house at 499 King Street. Based on the zoning regulations in effect at that time, and the
approval that was granted, the applicant was to reconfigure the property at 499 King
Street to meet the requirements of the RR zoning (175 feet of street frontage, 200 feet of
lot depth and 40,000 sf of land area) as a part of that approval. The reconfiguration never
occurred.
Subsequent to that approval, in 2003 the house and associated land at 499 King Street
was conveyed (as it currently exists) to the current owner. Mr. Russak, the previous
owner, has since passed away leaving the large property in ownership of family members
(who had no knowledge of this previous subdivision approval requirement.)
Since then, the Russak's have continued to maintain the land and access to 499 King
Street. They are now looking to sell this land, which includes a spring fed pond, to the
Town for permanent open space. The Town Council has agreed to this purchase and the
town manager is negotiating the terms of the sale.
As a result of looking closer at this property, this issue of the previous approval was
brought to the forefront. This variance request is an attempt to bring the property at 499
King Street more towards conformance with the Rural Residential zoning requirements
0 Page 1
while still allowing the town to own the access into the remaining property(thus the need
for the frontage variance).
To that end, the property at 499 King Street will be expanded to 40,000 sf to meet the
minimum lot size and an additional 9 +/- feet will be added to the frontage (leaving a 50
access strip). Also, an access easement will be created to allow the property at 499 King
Street to continue to keep its current access. The property owners at 499 King Street
have worked with the applicant and the town to establish the new boundary. As an aside,
with the additional land being added to 499 King Street, an existing structure straddling
the property boundary will now be in conformance with the zoning requirements as well.
Please contact me at(860) 644-2511, ext. 252 if you have any questions.
0 Page 2
�40Wa a��
s 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074-2786
'�i,�osoR.coHp6 AREA CODE 8 6 0/6 44-2 5 1 1
FAX 860/644-3781
MATTHEW B.GALLIGAN
Town Manager
May 2, 2013
Thomas Berstene, Chairman
Zoning Board of Appeals
1540 Sullivan Avenue
South Windsor, CT 06074
Re: ZBA Appl. 2769-13 —Anthony Barbagallo
Dear Mr. Berstene and Zoning Board of Appeals Commissioners:
You have an application before you tonight for a 33 foot variance on an existing building lot
with 142 feet of frontage on property located at 499 King Street. This is a very unusual
circumstance because of the way this property was originally configured. The Town of South
Windsor's Open Space Task Force has recommended this property for purchase, as it would be a
perfect spot to hold fishing derbies and have a park. The Town Council has approved the Open
Space Task Force recommendations and has authorized me to move forward with the purchase of
this property. Before we can go ahead and purchase this property, there are some zoning issues
that need to be resolved between this parcel and the adjacent property owner.
I believe that our Town Planner, Michele Lipe, has previously highlighted the zoning issues in a
memorandum to you. I wholeheartedly endorse her memorandum. I am asking that the Zoning
Board of Appeals grant this application so we can correct the lot lines in conformance with Rural
Residential zoning requirements. The Town can also move forward with the purchase of the rest
of the property, which was highly recommended by the Open Space Task Force.
I thank you for your cooperation in this matter. I hope you can agree on a favorable outcome so
that these issues are resolved, and the Town will gain a beautiful open space parcel.
Sincerely,
Matthew B. Galligan
Town Manager
Town of South Windsor
cc: Michele Lipe, Town Planner
S0W N S"
G J Tau� ems- 2vU&ot
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
�oSoa.co TELEPHONE (860) 644-2511
May 6, 2013 CERTIFIED#7011 1570 0000 6336 2585
Mr. Anthony Barbagallo
45 Yogananda Street
Sandy Hook, CT 06482
RE: Appl. 2769-13 —499 King Street
Dear Mr. Barbagallo:
At the meeting of the South Windsor Zoning Board of Appeals held on May 2, 2013, the
Board approved your request for a 33 foot variance to Table 3.1.2A to allow the existing
building lot with 142 feet of frontage(175 feet required), on property located at 499 King
Street, RR zone.
The Board concluded the hardship to be: a variance is needed to increase lot frontage to
bring more into conformance,while leaving access to the back property.
Any new building, or alteration/additions to existing buildings, requires a building
permit.
These actions are effective upon your filing the enclosed form in the Town Clerk's Office
at your own expense.
Very truly yours,
Jameos,Vice Chairperson
Zoning Board of Appeals
JK/dt
cc: Building Department
I, James Kupchunos, Vice Chairperson of the South Windsor Zoning Board of Appeals
hereby certify that on May 2, 2013, the Board approved your request for a 33 foot
variance to Table 3.1.2A to allow the existing building lot with 142 feet of frontage (175
feet required),
on premises located at: 499 King Street, RR zone.
and more particularly bounded and described as follows:
NORTH: by land now or formerly of Russak Brothers,Incorporated,
133.5 feet;
EAST: by land now or formerly of Russak Brothers,Incorporated,
200 feet;
SOUTH: by King Street, 133.5 feet;and
WEST: by land now or formerly of Russak Brothers,Incorporated,
200 feet.
OWNER OF RECORD: Tamara Tedone
Dated at South Windsor, Connecticut this 3rd day of May 2013.
-Qaarm t s"Cs",", J C�
James Kupchunos,Vice Chairperson
PUBLIC ACT#75-317
Received for Record this day of 2013
at
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TOWN CLERK