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HomeMy WebLinkAbout981 Pleasant Valley Rd Varia AU, r 4 2�ia TOWN MANAE;ERs j' �s —,' TOWN OF SOUTH WIND NOFSOUIHWI, 115-1 ZONING BOARD OF APPEALS APPLICATICf VARIANCE Application#Jj17--A-4 r( APPEAL OF ZONING ENFORCENIENUDECISION Date Rec'd (I H- Applicant: Barbara A. Francis-Fulop Address: 981 Pleasant Valley Road South Windsor,CT 06074 Telephone#: 860-289-7093 Property Owner: Barbara A. Francis-Fulop Address: 981 Pleasant Valley Road South Windsor,CT 06074 Telephone#: 860-289-7093 Location of Subject Property in Question: 981 Pleasant Valley Road (South of Pleasant Valley Road,West of Clark Street) Zone RR 1. Are there wetlands on the property? YES ✓ NO 2. Is any part of the premises within 500' of townline? 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.) Section 3.1.2,Table 3.1.2A Requesting a Variance to Zoning Regulation Sections):Residential Area, Density and Dimensional Requirements RR Zone,Side Yard Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision: (Attachadditional sheet if needed) See attached narrative } S For Variance request only `V,� 1. Strict application of the regulations would produce UNDUE HARDSHIP be ` See attached narrative 2. The hardship created is UNIQUE and not shared by all properties alike in the, neighborhood because See attached narrative 3. The variance would not adversely impact neighboring property; i.e. public'health, safety, convenience, welfare and property value, because See attached narrative Applicant's Name (piease pr' Barb a A. Francis-Fulo Signature /Agent pate 08/13/14 Pete R. a alli Property Owners Nam ( ase print) Barbara A. Francis-Fulop Signature /Agent Date 08/13/14 eter R. DeMallie DO NOT WRITE BELOW Action of the Board: Approved Denied Date Date Approved: Denied: Effective 5/9/07 Town GIS Pin Page 1� FIDUCURY'SDEID1088PAoE 251 KNOW ALL MEN BY THESE PRESENTS, 1 4+ THAT 4 ALFRED J.FRANCIS,ofthe Town ofEllington,County of Tolland and State of Connecticut,EXECUTOR ofthe ESTATE OF CHARLES N.FRANCIS,under the Fourth Article of the Will of Charles N.Francis late of South Wiutdsur,Connecticut,Deceased,authorizing ALFRED 1.FRANCIS to sell at private We the real estate hereinafter described and in consideration of the sum of EIGHTY THOUSAND AND NO1100(S80,000.00)DOLLARS do hereby grant,bargain,sell and confirm unto the said BARBARA A.FRANCIS-FULOP,her heirs or own of South Windsor,County ofldartford and State of Connecticut assigns,of the T all such right,title,interest,claim and demand which the said deceased had at the time of his death which said estate now has,or which I have as such EXECUTOR,in and to a certain piece or parcel of prop"located in the_Tam_of South Windsor;County of Hartford-and-State of Connecticut,known as 981-Pleasant Valley Road and more pearly described in Schedule"A"attached hereto and made a part hereof i t Being the same premises conveyed to the Grantor herein by virtue of a Probate Certificate For Land Records, which certificate is recorded in Volume 1053,at Page 143,ofthe South Windsor I and Records,dated December 22,I5198. Said premises are subject to: 1. Taxes to the Town of South Wndsor for the List of October 1,1998,which the Grantee herein assumes and agrees to pay as part consideration hereof. ^i 2: Any and all provisions of any ordinance,municipal regulations,or public or private law. 3. Zoning,building regulations and any agreements,covenauta and easements appearing of record. r TO HAVE AND TO HOLD,the above granted and bargained premises with the appurtenances thereof;unto BARBARA A.FRANCIS•FULOP,the said Grantee,her heirs and assigns,to her and their proper use and behoo£ And 1,ALFRED J.FRANCIS,do hereby covenant with the said Grantee that I have U power and authority as F.7tECL"TOR aforesaid,to grant and convey the above described premises in manner and form as aforesaid and for myself and my heirs,executors,administrators,successors and assigns,and do Farther covenant to warrant and defend the same to the said Grantee,her heirs and assigns,against the claims of any person whomsoever claiming by.from or carder The Estate of Charles N.Francis as Executor aforesaid. IN WITNESS WHEREOF,I,ALFRED J.FIRANCIS,as Executor of the Estate of Charles N.Francis, have hereunto set my hand this 15th day of June,1999. Signed and Delivered in the GRAN''TOR: ALFRED L TRANCIS ; of- ESTATE OF CHARLES N.FRANCIS BY: G { r 5°� Alf d I.Fran is;F.xeu;u o � STATE OF CONNECTICUT) ss.Manchester Iune is,1999 COUNTY OF HARTFORD ) On this 15th day of June,1999,before me,the undersigned officer,personally appeared Alfred L Francis. Executor of the Estate of Charles N.Francis,]mown to me to be the person described in the foregoing instrument,and acknowledged that he executed the same,to be Ids free act and deed,and his free act and deed in the capacity therein stated and for the purposes therein contained. In Witness Whereof 1 have hereunto six my d r Dade C.Roberson Grantee's Address: Commissioner of the Superior Court 991 Pleasant Valley Road GO1Wt�'ANCt:TAX RECEIVED South Wmdso,CT 06074 STATES 4MI LOCALS Na A.a k'L TOWN CM904 sourMwavosoR Volume: 1088 Page: 251 File Number 004147 Seq: 1 Page 2 Y_ _ ....�......,. von. M&w 252' SQ�i[7Lt: 'A' a certata pieoe ov:parftl of rgpasrty in the Touu of south %Wgor Cotatty or Hartford and state of Ceaneatieut khOtAt a6.4$1 Measent faMny$oad more P+a"niotslarl7 _ batm4e3 and 4esc 3t cif as follows}.. gOMMZ by Pleasant'Valley#Road no feet more or less; i BASTRnr by land now or rormerly of XMIle Bourque•at Al 200 feet more or legs; iiSOMMT by land now or format' or John vllkeoa at a; no feet more or less; V=zRLZ by laud now or formerly of said Doha Wilkscs at all 900 feet more or less. 4;,5�� .. .'r•. -. ;gin"IV�,'y.'•T . Volume: 1088 Page: 251 File N umber:004147 Seq:2 P.O.BOX 1167 21 JEFFREY DRIVE SOUTH WINDSOR,CT 06074 PHONE: 860.291.8755 FAX: 8onalsi .com 8757 www.designprofessionalsinc.com CIVIL S TRAFFIC ENGINEERS I PLANNERS I SURVEYORS / GIS ANALYSTS I LANDSCAPE ARCHITECTS Serving Connecticut, Massachusetts, 4 Rhode Island • August 14, 2014 • Narrative Statement Variance Application Zoning Board of Appeals Barbara A. Francis-Fulop 981 Pleasant Valley Road South Windsor, Connecticut DPI Project No. 2014 The applicant, Barbara A. Francis-Fulop, and her husband, Edward, are applying to the South Windsor Zoning Board of Appeals for a variance to Section 3.1.2A to allow for a garage to be built : observing an 8.7 feet side yard (20 feet required, 11.3 feet variance). This garage is replacing a detached garage built in the 1940's which has an existing 8.7 feet side yard setback. The variance is necessitated because the new garage is larger than the existing garage. Town staff have advised the applicant that no variance would have been required, had they applied to rebuild the existing garage in its present, nonconforming footprint. Of note is that the subject residence, also dating back to the 1940's, was the childhood home of the applicant and she has owned the home for the last 15 years (since 1999). It is a four bedroom cape, and the Fulop's reside there with their : teenage son. The peculiar factors and unique hardships associated with this application are as follows: 1. The proposed replacement garage will observe an 8.7 feet side yard setback, which is identical to the existing side yard setback for the existing garage; 2. The proposed garage's location has been determined utilizing numerous factors. Among these are the placement with respect to vehicular access to the garage, maintenance of a reasonable back yard area, and proximity of the structure to a large attractive outdoor deck; 3. The existing garage, dating back to the 1940's, must be replaced because of its poor physical and structural condition, to the degree that the floor has heaved; 4. Construction of the new garage, and its associated grading, will resolve an existing surface and subsurface drainage problem in the yard, which in large measure contributed to the structural compromise of the existing garage. This includes installation of footing drains and other measures to direct water away from the building and impacted areas of the rear yard. Of consideration is that a relatively large watershed area drains to an existing public yard drain and swale along the common property line between the Fulop's residence and that of their neighbors to the east; 5. Development of this property predates establishment of the current Rural Residential zoning district dimensional requirements; • G:Njobsl2014IDocsl2014lnarrative statementdotdocx : 6. The subject property is 22,000 square feet in area (0.51 acre), and as such is grossly undersized for the Rural Residential zoning district, which normally requires a 40,000 square feet lot area. This factor alone places a hardship on the applicant in placing a garage in conformance with these zoning requirements. The subject property is the only lot in this immediate neighborhood which is under one acre in size(we are one-half of that); 7. The subject property has a lot width (lot frontage) of only 110 feet, which is 65 feet less than the normal requirement in the Rural Residential zoning district. This factor places a hardship on the applicant in placing a garage in conformance with these zoning requirements; 8. The subject property has a current side yard setback of 8.7 feet, which is nonconforming and less than the 20 feet side yard requirement in the Rural Residential zoning district. Obviously, if the property had an additional 65 feet of lot width, as required in the Rural Residential zone, this would not be an issue; 9. The proposed 720 square feet garage is only adding 68.5 square feet of garage area within the side yard setback, and that portion of the garage is the extreme back left; 10. The recently renovated residence directly across the street at 986 Pleasant Valley Road has a detached garage with a similar side yard setback to that which is proposed in this application, 11. The subject property has a current nonconforming front yard setback for the residence of 38.1 feet, which is substantially less than today's requirement of 50 feet; 12. The Rural Residential zone requires maximum lot coverage (i.e. building coverage) of 15%. The proposed condition for the Fulop property will result in a conforming lot coverage of 9.9%; 13. The immediate neighborhood has many other lots that are nonconforming to the dimensional requirements of the Rural Residential zoning district. This includes the three single family homes directly across Pleasant Valley Road, all of which have a narrow lot frontage of 90 feet, and the residential lots immediately easterly of the Fulop residence are also nonconforming to the lot frontage requirement; 14. The applicant worked with a builder to design the proposed garage to accommodate two cars, their small fishing boat and garden tractor, resulting in the proposed building footprint. This will allow for consolidation of the two existing outbuildings into a single structure. These two existing outbuildings will be razed; 15. The proposed building will be more attractive than the existing two structures, and thus : will serve to enhance neighboring property values and aesthetics; 16. The subject property abuts the Pleasant Valley Condominium, an owner-occupied multi- family residential community in the MF zone. The balance of the neighborhood, including the applicant's lot, is in the Rural Residential zone; 17. As depicted on the submitted ZBA plan, the westerly and southerly boundaries of 981 Pleasant Valley Road include an existing mature landscaped buffer (evergreen trees). The abutting Pleasant Valley Condominium has a 25 feet landscaped buffer on their property immediately contiguous to the subject property; 18. We cannot envision any impact on the abutting neighborhood on the proposed new garage. There should be no effect on the condominiums to the west and south by virtue of : the required landscaped buffers. The house to the east is set well back from the common property line, and it has a side load garage facing the subject garage. The properties to the north consist of three single family homes all of which look at the garage which is to be replaced with a newer and more attractive garage. Indeed, the intent is to create additional indoor storage capacity for vehicles, the boat and the tractor, so there will be fewer items visible to the neighbors; and • esign • G:\jobs\2014\Docs\2014\narrative statement.dot.docx 19. The applicant and her husband have discussed the variance application with all direct abutters, including those across the street. Each of those abutters, which includes the residents of the four single family homes and the president of the Pleasant Valley Condominium Association, have submitted letters of support for this application addressed to the Town Planner, Michele Lipe(enclosed herewith). The applicant and her agents from Design Professionals, Inc. believe that the peculiar factors and hardships unique to this property demonstrate justification for the subject variance application. Thank you. • G:\jobs\2014\Docs\2014\narrative statement.dot.docx August 9 2014 Barbara A.Francis-Fulop 981 Pleasant Valley Rd South Windsor,Cr 06074 1 hearby authorize Peter R.DeMallie to act as my agent for the ZBA application at 981 Pleasant Valley Rd South Windsor,CT. Sincerely, Barbara A.Francis-Fulop August 9,2014 Jay Deering,President Pleasant Valley Condo Association 949 Pleasant Valley Rd= South Windsor,Cr 06074 Michele Upe,Town Planner 1540 Sullivan Ave. South Windsor,CT 06074; Dear Michele, Barbara and Ed Fulop are proposing replacement of the garage along the Property Une We support the Zoning application: Sincerely, ring August 9,2014. Doreen Junious 980 Pleasant Valley Rd South Windsor,Cr 06074 Michele Upe,Town Planner 1540 Sullivan Ave: South Windsor,CT 06074 Dear Michele, Barbara and Ed Fulop are proposing replacement of the game along the Property line.We support the Zoning application. erely, Doreen luniou August g.2014 Tomnmi LaRoche 994 Pleasant Valley Rd South Windsor,Cr 06074 Michele Upe,Town Planner 1540 Sullivan Ave. South Windsor,C 06074 Dear Michele, Barbara and Ed Fulop are proposing replacement of the garage along the Property Line.We support the Zoning application: Since Tommi LaRoche August 9,2014 Christie Wilson 986 Pleasant Valley Rd South Winds",CT 06074 Michele Upe,Town Planner 1540 Sullivan Ave. South Windsor,Cr 06074' Dear Michele, Barbara and Ed Fulop are proposing replacement of the garage along the Property Une.We support the Zoning application. Since):ply, Christie Wilson "} August 9,2014 Carter Sutherland Susan Papapietro 993 Pleasant Valley Rd South Windsor,CT 06074' Michele Upe,Town Planner 1540 Sullivan Ave. South Windsor,CT06074 Dear Michele, We are the only property owners with a common property line along where the garage is proposed and we support the zoning application. it will be an attractive new garage,replacing two tired buildings,which will benefit our property values and appearance. The Fulops are great neighbors. Sincerely, Carter Sutherl d ..�.. _ Susan Papapletro P.O.BOX 1167 21 JEFFREY DRIVE SOUTH VANDSOR,CT 06074 PHONE:860.291.8755 ro��ss101'ta1S FAX:860.291.8757 www.designprofessionalsinc.com CIVIL S TRAFFIC ENGINEERS 1 PLANNERS/SURVEYORS J GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut. Mszsachusetts, f Rhode W&Ad • : August 13,2014 CERTIFIED MAIL Dear Property Owner, Re: Barbara A. Francis-Fulop's property at 981 Pleasant Valley Road, South Windsor In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the property abutting yours at 981 Pleasant Valley Road 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, (860)644-2511,ext. 329. Sincerely, • b-0 'Piter R. D Mal ie, Agent for Barbara A. Francis-Fulop Date : G:Vobs120141Docs12014\letter to abutters.doc DPI Project No. 2014-Barbara A. Francis-Fulop Abutter List 8/14/2014 First Name Last Name Address Phuc Bui 101 Pleasant Valley Condo Edmunds Malenders 102 Pleasant Valley Condo Harry White 103 Pleasant Valley Condo Steven Turgeon 104 Pleasant Valley Condo Jumar Rabarba 105 Pleasant Valley Condo Freedom Mortgage Corporation 106 Pleasant Valley Condo Antonio Pereira 107 Pleasant Valley Condo John Mitsou 108 Pleasant Valley Condo Danielle Leon 202 Pleasant Valley Condo Robert Furman 203 Pleasant Valley Condo David Harding 204 Pleasant Valley Condo Peak Pleasant Valley LLC 205 Pleasant Valley Condo Judith Des Rosier 206 Pleasant Valley Condo Laurel Howes 207 Pleasant Valley Condo Henry Winard 208 Pleasant Valley Condo Margaret Avitabile 209 Pleasant Valley Condo Francisco DeJesus 210 Pleasant Valley Condo Milton Deprey 211 Pleasant Valley Condo Divakar Shenoy 212 Pleasant Valley Condo John Pelkey 301 Pleasant Valley Condo Sadie Branch 302 Pleasant Valley Condo Doreen Sharkey 303 Pleasant Valley Condo James Coughlin III 304 Pleasant Valley Condo Sonya Cosumano 305 Pleasant Valley Condo Mark Fauteux 306 Pleasant Valley Condo Jeremy Halvorsen 307 Pleasant Valley Condo Gregory Johnston 308 Pleasant Valley Condo Miguel Diaz 309 Pleasant Valley Condo Rita Macrae 310 Pleasant Valley Condo Saleem Khan 311 Pleasant Valley Condo Mary Louise Cavanaugh 312 Pleasant Valley Condo Vincent Principato 402 Pleasant Valley Condo Donna Villeneuve 403 Pleasant Valley Condo Edward Bombara 404 Pleasant Valley Condo Pederzoli Family Revocable Trust 405 Pleasant Valley Condo Michael Kuczynski 406 Pleasant Valley Condo Gabrielle Riola 407 Pleasant Valley Condo Noemi Rodriquez 408 Pleasant Valley Condo James Giulietti 409 Pleasant Valley Condo Jacob Gassett 410 Pleasant Valley Condo Mira &William Tamkun 411 Pleasant Valley Condo Susan Strange 501 Pleasant Valley Condo Justin Freitas 502 Pleasant Valley Condo Kristin Fischer 503 Pleasant Valley Condo Kerri Smith 504 Pleasant Valley Condo Jacueline Russell 505 Pleasant Valley Condo Philip Volonis 506 Pleasant Valley Condo John Ryan 507 Pleasant Valley Condo Jenefer Nacar 508 Pleasant Valley Condo Mary Louise Cassello 510 Pleasant Valley Condo Michael Dauplaise 511 Pleasant Valley Condo Heather MacDonald 512 Pleasant Valley Condo Lauren Golebiewski 610 Pleasant Valley Condo Paul Tyler 606 Pleasant Valley Condo Joseph DeLacruz 612 Pleasant Valley Condo Ersilia Raynock 608 Pleasant Valley Condo Louis Porras 609 Pleasant Valley Condo Jeffrey Hayes 605 Pleasant Valley Condo Patsy Williams 611 Pleasant Valley Condo Nicole Frost 607 Pleasant Valley Condo Jason Faucher 602 Pleasant Valley Condo Silvia Humberto 604 Pleasant Valley Condo Denino Walter 601 Pleasant Valley Condo Mary Louise Pabilonia 603 Pleasant Valley Condo Sonia Lebel 701 Pleasant Valley Condo Roberto Sartori 703 Pleasant Valley Condo Jenifer Janser 705 Pleasant Valley Condo Samantha Burke 707 Pleasant Valley Condo Karen Patterson 702 Pleasant Valley Condo William & Mira Tamkun 704 Pleasant Valley Condo Elaine Jedziniak 706 Pleasant Valley Condo Alan & Irma Gold 708 Pleasant Valley Condo Able Realty LLC 709 Pleasant Valley Condo Robert& Patricia Ellis 710 Pleasant Valley Condo James Giulietti 711 Pleasant Valley Condo Diana Taylor 801 Pleasant Valley Condo Eric Welch 803 Pleasant Valley Condo Shah Ahmed 807 Pleasant Valley Condo Anna Serafini 804 Pleasant Valley Condo Daniel Aloi 802 Pleasant Valley Condo Eric Judge 808 Pleasant Valley Condo Isidro Rocha 806 Pleasant Valley Condo Carol Frigo 809 Pleasant Valley Condo Jason & Mary Burk 810 Pleasant Valley Condo Cailin Stack 811 Pleasant Valley Condo John Pelkey 812 Pleasant Valley Condo Antonio Dasilva 901 Pleasant Valley Condo Pederzoli Family Revocable Trust 903 Pleasant Valley Condo Stanley Domrowski 905 Pleasant Valley Condo Anthony Intino 907 Pleasant Valley Condo Oleana Beaulieu 904 Pleasant Valley Condo Erin Graffam 902 Pleasant Valley Condo Sofia Dumansky 908 Pleasant Valley Condo Hitesh Kansagra 906 Pleasant Valley Condo Gavin Bennett 910 Pleasant Valley Condo Steven Kaufman 912 Pleasant Valley Condo Kristina Hicks 911 Pleasant Valley Condo Toby Totten 1001 Pleasant Valley Condo Terrell Nickson 1003 Pleasant Valley Condo Angel &Anthony Rivera 1005 Pleasant Valley Condo Lizmarie Ortiz 1007 Pleasant Valley Condo Christopher Pazdan 1002 Pleasant Valley Condo William Stewart 1.004 Pleasant Valley Condo Danny Smith 1006 Pleasant Valley Condo Mark Santagato 1008 Pleasant Valley Condo Joseph L. McArthur Jr. 1009 Pleasant Valley Condo Syed Smai 1010 Pleasant Valley Condo Jennifer Minich 1011 Pleasant Valley Condo Kimberly Colla 1012 Pleasant Valley Condo Joanne Page 1101 Pleasant Valley Condo Donna Mulcahy 1102 Pleasant Valley Condo John Cassello Jr 1103 Pleasant Valley Condo Robert Stanat 1104 Pleasant Valley Condo Kendall Hodgdon 1105 Pleasant Valley Condo Kevin Massicotte 1106 Pleasant Valley Condo Nibras Pahore 1107 Pleasant Valley Condo Eric Judge 1108 Pleasant Valley Condo MaryAnn Johnson 1109 Pleasant Valley Condo Brian Jones 1110 Pleasant Valley Condo Donald Mercure 1111 Pleasant Valley Condo Daniel Guay 1112 Pleasant Valley Condo Doreen Junious 980 Pleasant Valley Road Christie Wilson 986 Pleasant Valley Road Susan Papapietro 993 Pleasant Valley Road Carter Sutherland 993 Pleasant Valley Road SSW N Sf4 C C , 7-au (� O-P slat V&U&Iot a s � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 r�Osox•co TELEPHONE (860) 644-2511 August 15, 2014 Barbara A. Francis-Fulog 981 Pleasant Valley Road South Windsor, CT 06074 RE; Application #2777-14— variance request 981 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 4, 2014 at 7:30 p.m. in the Madden Room of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor. Someone must be at the hearing to present the application. Included in the $190.00 application fee is the cost of signs to advertise that a public hearing will be held regarding this property. The sign should be obtained at the Planning Department at the South Windsor Town Hall and must be posted no later than Sunday, August 24, 2014. The sign must be placed in a location visible from Pleasant Valley Road. Very truly yours, Donna Thompson Recording Secretary