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HomeMy WebLinkAboutLeonard - Buckland &amp; Smith Variance TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS APPLICATION; �X VARIANCE Application .0 APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec'd Applicant Scott Leonard Address: 110 Lavender Lane, Rocky Hill, CT, 06067 y Telephone#: 860-666-0366 Property Owner:Scott Leonard Address: 110 Lavender Lane, Rocky Hill, CT, 06067 Telephone#:860-666-0366 Location of Subject Property in Question: 1, 9 and 15 Buckland Road and 395 Smith Street. West of Buckland Road, South of Smith Street. Zone RC- Restricted Commerical 1. Are there wetlands on the property?. YES IAI NO C 2. Is any part of the premises within 500' of town line? X 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.) n Requesting a Variance to Zoning Regulation Section(s): Table 4.1.6A Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision: (Attach additional sheet if needed) See Attached Sheet. t t ©" - For Variance request only: 1. Strict application of the regulations would produce UNDUE HARDSHIP becae_�a See Attached Sheet 2. The hardship created is UNIQUE and not shared by all properties alike in the neighborhood because See Attached Sheet y 3. The variance would not adversely impact neighboring property; i.e, public health,safety, convenience, welfare and property value, because See Attached Sheet Applicant`s Name(please t) Scott Leonard Signature Z&CDate P r DeMall e,De ign Professio Is Id,Agaw Property Owner's Name lease print) Scott Leonard Signature JA14,h&ff Date 3 Peter DeMallie,Design Professionals Inc.,Agent DO NOT WRITE BELOW Action of the Board: Approved 0 Denied Date Date Approved: Denied. Effective 5/9/07 Town GIS Pin# / Urn P.O.BOX 1167 21 JEFFREY DRIVE SOUTH WINDSOR,CT 06074 PHONE:860.291.8755 FAX: 860.291.8757 www.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS / PLANNERS /SURVEYORS/ GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut,Massachusetts,&Rhode Island — - - -�-- RC E!' E • Narrative Statement • • Zoning Board of Appeals Application TO%N fV!At1,AG1-H'i3 t��l-,cF T0k�%/N OF SOUTH Vdli'1�'S0;! Scott Leonard �� �. 1, 9& 15 Buckland Road, 395 Smith Street. South Windsor, Connecticut March 17,2015 Revised March 23, 2015 • Scott Leonard,who owns a 2.058 acre commercially zoned property westerly of Buckland Road and southerly of Smith Street, known as 1, 9 & 15 Buckland Road, and 395 Smith Street,hereby applies for the following variances: i • 1) Variance to Table 4.1.6A"Commercial and Industrial Area, Density and Dimensional Requirements",RC District, Front Yard, 65 feet required(minimum 50 feet required along Buckland Road per footnote(2)), to allow a minimum 25 feet front yard setback, or a variance of 40 feet along Buckland Road; 2) Variance to Table 4.1.6A"Commercial and Industrial Area,Density and Dimensional Requirements",RC District, Front Yard, 65 feet required, 10 feet proposed, or variance of 55 feet along Smith Street, i.e., change from Front Yard to Side Yard. • Hardships,unique factors associated with this property, and other circumstances pertinent to this application are: 1) Over the years,the Town of South Windsor has undertaken a number of land takings (voluntary and involuntary) for improving and widening Buckland Road along the subject frontage to its present 4 lanes (plus a turning lane), including in 1974, 1991 and 2004; 2) We are requesting our Front Yard along Buckland Road to be established at its location just prior to the last government taking in 2004; 3) The proposed front yard setback along Buckland Road is identical to the required front yard setback requirement in Manchester. The subject property is partially in each community,and has street frontage in each community; 4) In 2004 alone , government takings took as much as 43.35 feet at the southerly end of the property, and as much as 22.12 feet at the northerly end, or a total of 12,082 square feet of • land; 5) Our new proposed Front Yard setback from Buckland Road is actually 20 feet farther into the property than the actual original front setback of the three homes which were removed as a result of the 2004 taking; 6) The 2004 taking alone reduced the area of the property from over 101,000 square feet (2.335 acres)to less than 90,000 square feet(2 acres); 7) The applicant voluntarily cooperated with the Town of South Windsor to accommodate the widening and improvement of Buckland Road in South Windsor and Buckland Street in s G:\jobs\l831\Docs\Appl1cations\1831 Leonard ZHA Narrative,3-23-15.docx I Manchester in 2004, improvements which were required to accommodate the Evergreen Walk development. His cooperation included deeding the required land along his frontage to the Towns of South Windsor and Manchester,the granting of slope rights, and the granting of a landscape easement area to Manchester. This allowed the Town to complete : the improvements without having to exercise eminent domain in support of a private development; 8) Mr. Leonard was assured by the Town of South Windsor that they would work to protect him from being hurt by his voluntary action(see attached letters from Town Manager Matthew Galligan, former Economic Developer Craig Stevenson, and former EDC Chairperson Jan Murtha). If these variances are not granted,Mr. Leonard will be hurt as a result of his prior voluntary actions on behalf of the Town; • 9) An observation- even though Mr. Leonard fully cooperated with the Town and the developer of Evergreen Walk,today he has no rights to access the sanitary sewer in Evergreen Walk or the sanitary sewer in Buckland Road in the vicinity of the Evergreen Walk primary entrance. He thus will have no other option but to serve his development by a septic system; 10)If the front yard takings had not occurred,the front yard variance along Buckland Road : would not be required; 11)If the governmental takings had not occurred,the variance to change the Smith Street setback from a front yard to a side yard would not necessarily have been required(i.e., loss of buildable area, area for vehicular circulation, area for required landscaping • elements,etc.); 12)Prior to 1991, Smith Street connected with Buckland Road adjacent to the subject property. In 1991,the connection was cut off and a cul-de-sac installed. Much of the street right of way only remains for utilities, and not as a travel way for vehicles; 13)Across Smith Street from the subject property is the third phase of Evergreen Walk(L.L. Bean and Pier One Imports),which would not be impacted by the Smith Street front yard variance; 14)Without these variances,the subject property would effectively be undevelopable for commercial purposes, especially in terms of emergency vehicle circulation/movements, building placement,parking requirements,required landscaping, etc.; 15)The subject property,by virtue of its steep slopes, will require a large amount of fill material in order to make reasonable grades for development. The rear of the property is at : elevation 128, and the front of the property is at elevation 158,representing a 30 feet drop : from front to back; 16)The area of the property deeded to the Towns, along Buckland Road and Buckland Street, contained the area closest to the elevation of these streets, and thus requiring the least amount of fill material to develop. The remaining land requires a substantial amount of fill material,which will have to be acquired from sand pits and compacted, all at great expense; 17)The subject property is a corner lot; 18)With the exception of a portion of the rear property line (that which is abutting 383 Smith Street),the property directly abuts or is across the street from commercial properties, such : as Lowe's, Evergreen Walk, or the Plaza at Buckland Hills; 19)The property will only be accessible from southbound Buckland Road(right turn in,right turn out),and the ZBA plan reflects a lengthening of the turn lane, as recently requested by Town staff, including the traffic authority; 20)The 50 feet buffer to the rear of the property will remain intact to the benefit of the residential property to the west. Unlike the plan submitted for a ZBA application t.... • G:\jobs\1831\Docs\App11cat1ons\1831 Leonard ZBA Narrative,3-23-15.docx • : December(withdrawn),the entire rear yard buffer area will be a vegetated slope,planted with trees to meet the buffer requirements of the RC zoning district, and without large retaining walls. • In summary, the hardships on this property are not self-inflicted. There are numerous conditions which are unique to this parcel,representing hardships,not the least of which is : that of_topography(steep slopes),the numerous takings, frontage on a second and inaccessible street, and that the subject property is in two Towns. The granting of the relief sought through this application will not have a detrimental impact on any adjoining properties. And finally,please note that great efforts were made by Mr. Leonard and his design team,working with Town staff,to arrive at a design which preserves the rear 50 feet buffer to the benefit of the adjoining residential owner and use. Thank you. e� • G:\Jobs\1831\Docs\App11cat1ons\1831 Leonard ZBA Narrative,3-23-15.docx Of P.O. BOX 1167 21 JEFFREY DRIVE � � SOUTH WINDSOR,CT 06074 PHONE: 860.291.8755 FAX: 8onalsi .8757 Is c.com www.designprofessionalsinc.com CIVIL & TRAFFIC ENGINEERS / PLANNERS / SURVEYORS / GIS ANALYSTS / LANDSCAPE ARCHITECTS Serving Connecticut, Massachusetts, B Rhode Island • March 19, 2015 VIA CERTIFIED MAIL Dear Property Owner: Re: Scott Leonard Property 1, 9, 15 Buckland Road and 395 Smith Street, South Windsor, CT, 06074 In accordance with Rules and Regulations of the Zoning Board of Appeals, you are hereby notified that an application has been filed on the property abutting yours at 1, 9, 15 Buckland Road and 395 Smith Street 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, DESIGN P FESSIONALS,INC. • By. / 'Peter R. DeMallie,President • G:\jobs\1831\Docs\Applications\1831 Leonard Letter to Abutters.doc Scott Leonard Metes & Bounds Description 1, 9 & 15 Buckland Road and 395 Smith Street, Combined Description Being that certain parcel of land on the westerly side of Buckland Road in Town of South Windsor, County of Hartford, State of Connecticut, being the South Windsor portion of the property depicted on a plan entitled: "Property &Topographic Survey Scott Leonard 1, 9, & 15 Buckland Road, 395 Smith Street South Windsor CT and 358 Buckland Street, Manchester, CT Date: 03-19-15 Scale: 1"=20% being more particularly bounded and described as follows: Beginning at a point on the westerly streetline of Buckland Road at its intersection with the Southerly Streetline of Smith Street; Thence in a southerly direction along the westerly streetline of Buckland Road on a curve to the left having a delta angle of 3142'12", radius of 1903.01 feet and an arch length of 123.00 feet, to a monument; Thence S 02006'27"W, along the westerly streetline of Buckland Road, 75.86 feet to a monument; Thence S 03113'04" E, along the westerly streetline of Buckland Road, 92.60 feet to a point on the South Windsor/Manchester Town Line; Thence S 71115'29"W, along the South Windsor/Manchester Town Line, 199.07 feet to a point on the easterly property line of land now or formerly Downeast Associates Limited Partnership; Thence N 22017'29"W, along the easterly property lines of lands now or formerly Downeast Associates Limited Partnership and Richard & Irene Gancarz, in part by each, 185.47 feet, to an iron pipe; Thence N 04019'54"W, along the easterly property line of land now or formerly Richard & Irene Gancarz, 202.18 feet, to a point on the southerly streetline of Smith Street; Thence S 86026'17" E, along the southerly streetline of Smith Street, 267.88 feet, to the point and place of beginning. Said Parcel Contains 82,126 square feet or 1.885 acres. Page 1'of 1 _ • VOL. CORRECTING WARRANTY DEED 6 _64 _ To all People to 'Whom- these :Presents shall Comm, Greeting; KNOW YE THAT vre,GURRIE,A.FANDOZZI JR.; of the City of East Haamd,, County of Hanford,and State of Connecticut. for the consideration of ONE MJNDRED SEVENTY-FIVE THOUSAND DOLLARS ($175,000.00), great to SCOTT)LEONARD,of Rocky Wil,Connecticut, with WARRANTY COVENANTS A certain piece or parcel of lead located in the Towns of Sout4 Windsor mod Maoeheste,County . of Flartford and State of CoffieudicA located on the westerly side of Backland ltoadin said awns.and- being more pltrticularty bovnded and described as follows:- Beginning at a point in the wcatody line of Buckland Road,wh"point tnadca the nartheastady' corner of the land herein conveyed avid the:euthcastcrly cgpw cf land now or formerly of M.Nt.do A.T. Slowi*thence remteing in a general westerly dircctitorl'along said had of M.M.&A.T.Slowick a distance = I of are hundred ninny(190).feet to an Iran pin;thtmco turning and nutning aunherly in a sttuigbt line,and foraging an interior angle of 262"18'with the last described line a distance of eigbjPq.n(18)feet to a point; thence turning and run ml;in a general westerly direction,and forming as satcoor angle•of 97'4;V with the last.described lime,a distance of oAc hundred(10U)feet along land now or fouanerly of LA:4t MA. Gauthier to a paint;thence turning and ttteutiog southerly in a straight]lpe,and(aiming an interior angle of W 19'50".-one hundred ti9*gJJve and seventy-five one hundredths(d 85,75)feet slaog erica•land of the Graamrs:hareia to a point•,.the/rce[tuning audrurztoiag in a general e�stedy direction,and formiAig au ' interior angle of 115"4W 10"with Ae,hwt described litre,a distance of ano hundred eighty(180)feet along othex land of ttre Grantors heroin to a point,thence continuing in a general easterly direction,and forming as lotatior angle,of 170°14'10",fifty-six and twelve one-tumadredtbs( 56.12)feet along other land of the grantors herein to a point in the westerly lime of acid BuWand hoed;rbence nwWng and.ronoians nonhady along the said westerly.line of BurMaud Road,and forming an iutaIr for angle of 90"1 T 50"with•the last described line,one hundred fixty-fwo and tarty two ono lnausltedths(142.42)feet to the point or place of beginning.The last desc dbed tine forms an ixgodor angle of 99-28'with the line first described above.* Said preurlses are conveyed suubjec-t to taxes on the List of October 1, 2000,which ta:tes-tho Grantee here is assumes and agrees.to pay as part consideratipa for this d. Dee . -IN WITNESS WHEREOF,we have hereunto set our harrtls,and seals.this 2!d<ay of- 4tj44. Sigaed,Sealed and Delivered in presence of:' G OZZI C VEYANCE TAX RECEIVED STATE S STATE OE�T�sia-aenrveu rur�] LOCALS NX 7 TOWN CLERK OF SOUTIi WINDSOR On this 2003,before me,the undersigned officer,personally appeared. Gurric A. Fandozzi Jr. , known 6 me to be the persons whose rtmes are subscribed to the within instrumerit and acknowledged that,they executed the same for-the purposes therein contained as their free act and deed. IN WITNESS W HE"OF,I hereunto set my baud cad official seal. RECEIVED FOR RECORt •OATS a 1 OCgM�102:3a — C - N tart' is 3 ewly CLt!RtC,Sq T!i WIND OR;y� Mp mmiss *LESS .AND EXCEPT THAT PORTION OF LAND CONVEYED TO THl TOWN OF SOUTH WINDSOR. BY VIRTUE OF A CERTAIN CERTIFICATE OF CONDEMNATION RECORDED IN VOLUME_t$0 AT PAGE 227 SOUTH WINDSOR L RECORDS, Volume: 1568 Page: 51 File Number:'000064 Seq: 1 F� VOL. 13 4 S PACE 282 WARRANTY DEED Statutory Form Y 5864 TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME GREETING: ' Know Ye,That Mitchell A.Slowick,of the Town of South Windsor,County of Hartford, and State of Connecticut,acting herein for and on behalf of Mitchell M.Slowick,of the Town of 7 South Windsor,County of Hartford and State of Connecticut,and so acting by virtue of a certain Power of Attorney dated July 5, 2002, and recorded simultaneously herewith, and Mitchell A Slowick s ,individually,for consideration paid,grant to Scott Leonard,of the Town of Rocky Hill :' County of Hartford and State of Connecticut,with WARRANTY COVENANTS,all that certain ti piece or parcel of land,known as 9 Buckland Road,situated in the Town of South Windsor,Countyu Of Hartford and State of Connecticut,and more particularly hounded and des cribed on Sc hedule A.,r attache A d hereto and madea part hereof. ' * Said premises are conveyed subject to any and all provisions of any ordinance,municipal regulatio and public or private law. ns :r r As part consideration for this conveyance,the Grantee herein assumes and agrees property to pay pro V, y r taxes due the Town of South Windsor on the Grand List of October 1,2001. ` Signed,Sealed and Delivered tax in the Presence of: Mitchell M.Slowick By: L 111111��� 5 '+ itness-Dawn L. Babinetz Mitchell A.Slowick i his Attorney-in-fact Hess-J olyn L. o ay Mitchell A.Slowic k,individually L R i' x fi CONVEYANCE TAX RECEIVED s + i STATE - Y nn TOWN CLERK OF SOUTH WNDSOA - g bf 3 '_ � 46 VOL. 13 4 6 PAGE 283 SCHEDULE F A Jjj T certain piece or parcel of land with the buildings anal improvements thereon situated in the Town of Soutr ,Vin&-or,County of Hartford and State of Connecticut,more parti.culazly bounded and described as follows: IN0R:111ERLY by land now or formerly of Charles M.Varrick and Mary A. Varrick,one hundred ninety(190)feet; EASTERLY by Buckland Road,sometimes also known as Buckland Street, x one hundred ten(110)feet; y SOUTHERLY by land now or formerly of Raltrus Daltuwa,one hundred ninety(190)feet; •.. WESTERLY by land now or formerly ofBaltrus Daltuwa,one hundred ten(110):feet. E = The above described prernises is conveyed minus a small portion of land along the easterly side of Bucklaud Hill 1 tliat was taken by the Town of South Windsor as set forth in a Certificate o.f Condemnation dated May 31, 1974 at: - ecWdad ort Jane 10. 1974 in V. 130,P.226 in the South Windsor Land Records. T . ivy' : e VOL. 118 4 PAGE 1 G { ' WARRANTY DEED ` TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME,GREETING: KNOW YE,THAT we, MARY A:VARRICK,of the Town of South Windsor,County of Hartford and State of Connecticut,MARY V.GALLANT,of the Town of Bolton, County of Tolland and State of Connecticut,CHARLES E.VARRICK,of the Town of South Windsor,County of Hartford and State of Connecticut,and ROBERT J. g VARRICK,of the Town of Manchester,County of Hartford and State ofConnecticut (hereinafter referred to as the"Grantors') for the consideration of ONE HUNDRED SEVENTY-FIVE THOUSAND AND 00/100THS(S175,000.00)DOLLARS rx: i l received to our full satisfaction of SCOTT LEONARD,ofthe Town of Rockv Hill, County of Hartford and.State of Connecticut(hereinafter referred to as the"Grantee") do give,grant,bargain,sell and confirm unto the said SCOTT LEONARD, and unto his t l heirs and assigns forever,a certain piece or parcel of land with all improvements thereon situated in the Town of South Windsor,County of Hartford and State of Connecticut, f known as 15 BUCKLAND ROAD,and being more particularly bounded and described in F, SCHEDULE A attached hereto and made a part hereof. And being the same premises conveyed to the Grantors herein by Quit Claim Deed from Mary V.Gallant to Charles M.Varrick and Mary A.Varrick dated May 16,1985 and i recorded in Volume 405,Page 561 of the.South Windsor Land Records and by Certificate ea of Devise from the Estate of Charles M.Varrick dated December 4, 1986 and recorded in Volume 460,Page 14 of the South Windsor Land Records. Reference is made to a � r b z [1 Warranty Deed to Charles M.Varrick and Mary A.Varrick dated November 7,1956 and ( recorded in Volume 56,Page 76. Further reference is made to a Quit Claim Deed from Charles M.Varrick and Mary A.Varrick to Mary V.Gallant dated May 16,1985 and fk recorded in Volume 405,Page 559 of the said South Windsor Land Records. r Said premises are conveyed subject to the following encumbrances: 3 = 1. Building,building line and zoning restrictions of the Town of South Windsor and to conditions ofsubdivision approval as set forth on maps or plans on file with respect to the subdivision in which the above premises may be located. 2. Tares due the Town of South Windsor on the Grand List of October I,2000, not yet levied,which taxes the Grantee.herein assumes and agrees to pay as part consideration for this deed. 7 3. Rights to slope and grade taken by the Town of South Windsor by Certificate of Condemnation dated May 31,1974 and recorded in Volume 180,Page 228 of the South Windsor Land Records. TO HAVE AND TO HOLD the above granted and bargained premises,with the appurtenances thereof,unto him, the said Grantee and unto his heirs and assibms forever, to him and their own proper use and behoof. CONVEYANCE TAX RECEIVED z STATE $ c ,! LOCARL9 lClZ'�Na ALZr TOWN CLM OF SOUTH WINOSOa t f i • J r k>�.:..-..... ...�....... .�...v..-..�.....��. ..ems:..-.....-... 3t VOL. 118 4 PACE 117 r AND ALSO, we,the said Grantors, do for ourselves,our heirs,executors, administrators and assigns,covenant with the said Grantee,his heirs and assigns,that at and until the ensealing of these presents,we are well seized of the premises,as a good indefeasible estate in FEE SIMPLE, and have 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 r whatsoever,except as above stated AND FURTHERbIORE,we,the said Grantors,do by these presents bind ourselves and L our heirs forever to WARRANT AND DEFEND the above granted and bargained premises to him, the said Grantee, and to his heirs and assigns,against all claims and demands whatsoever,except as above stated. „ IN WITNESS WHEREOF,we have hereunto set our hands and seals this 31"day of s January,2001. F N tb } Signed,Sealed and Delivered inq the Presence of: s Wifies es as to all es: Mary Varrick e Ma .Galla S Lk n oa E Charles E.Varrick Robert J. amck $ STATE OF CONNECTICUT) COUNTY OF HARTFORD ss: South Windsor January 31,2001 t 1 . 17; On this the 31"day ofJanuary,2001,before me,the undersigned officer,personally appeared MARY A.VARRICK,MARY V.GALLANT,CHARLES E:VARRICK and Y ROBERT J.VARRICK,known to me(or satisfactorily proven)to be the persons whose names are subscribed to the within instrument and severally acknowledged that they, executed the same for the purposes therein contained. IN WITNESS WHEREOF,I hereunto set my ban Y s� Vincent) P rnh n Commissioner of Supe or Court f Grantee's Address: 110 Lavender Lane Rocky Hill,CT 06067 -��- 2 xqp }� s k n; �(c L' VOI. 1617PAGE 156 WARRANTY DEED 04027 TO ALL PEOPLE TO WHOM THESE PRESENTS SHALL COME,GREETING: KNOW YE,that, EVERGREEN WALK, LLC, a Connecticut Limited Liability Company haw an office c/o John Finguerra, 1109 Rose Lane, Virginia Beach,Virginia, hereinafter referred as the Grantor,for the consideration of ONE($1.00)DOLLAR received to my full satisfaction of SCOTT LEONARD, of the Town of Rocky Hill,County of Hartford and State of Connectic hereinafter referred to as the Grantee,do give,grant, bargain,sell and confirm unto the said Grantee,and his heirs and assigns forever, a certain piece or parcel of land,with the improvements now or hereafter placed thereon, situated in the Town of South Windsor, County of Hartford and State of Connecticut, being more particularly bounded and described on Exhibit A,attached, hereto. .y: Said premises are conveyed subject to Taxes on"the List of October 1, 2003. TO HAVE AND TO HOLD the above granted and bargained premises,with the appurtenance thereon, unto the said Grantee, and his heirs and assigns forever, and to their own y.`:. proper use and behoof. AND ALSO,the said Grantor does for itself, its successors and assi ns Grantee,and his heirs and assigns,that at and until the ensealing ofthese presentsi th it is s� well seized of the premises, as a good indefeasible estate In FEE SIMPLE; and has a good r right to bargain and sell the same in manner and form as is above written;and that the same free from all encumarances whatsoever, except as is above written. AND FURTHERMORE,the said Grantor does by these presents bind itself, its successors ar,assigns forever,to WARRANT AND DEFEND the above granted and bargained premises to the said Grantee and his heirs and assigns,against all claims and demands whatsoever, except as is above written.. IN WITNESS WHEREOF,the said Grantor has hereunto caused its hand and seal to be set t k... day of May,2004. Signed, Sealed and Delivered '< d in the r EVERGREEN WALK,LL presence of: Laurence P. Rub John inow ,:: .:,,.:.._.:..:;,....:.:..:.. , Member Gil STATE OF CONNECTICUT ) y ' COUNTY OF HARTFORD )ss Manchester May 5,2004 Personally appeared John Finguenra, Member of Evergreen Walk,LLC,signer of the -. = foregoing instrument who acknowledged the same to be his free act and deed and the free a< and deed of the limited liability company, before me. Laurence P. Rubinow GRANTEE'S ADDRESS Commissioner of the Superior Court 110 Lavender Lane Rocky Hill,CT 06067 CONVEYANCE TAX RECEIVED STATE S kQ5_L_LOCAL S I-1 No. TOWN CLERK OF SOUTH WINOSOR g„f - �:; VOL. 1617PAGE 15 7 EXHIBIT A G. 395 Smith Street ny having �3 South Windsor,Connecticut referred f tisfaction` All that certain piece or parcel of land,with the buildings and improvements thereon,commonly known as:395 OMeCtiCU Smith Street situated in the Town of South Windsor,County of Hartford and State of Connecticut,being more the said particularly bounded and des crlbed.as fellows nor, Commencing at a point on the southerly line of Smith Road,which point lies One Hundred Ninety(190)feet west of the intersection of the southerly line of said street with the westerly line of Bucktand Street,and which escribed5 point is also the northwesterly comer of land now or formerly of one Charles M.Varrick et al;the lines runs . thence in a southerly direction along land now or formerly of said Varrick and land now or formerly of Mitchell M.Slowick,et al,in a straight line,a westerly direction along land now or formerly of Bakrus Daltuwa,in a z straight line,a distance of One Hundred(100)feet.to a point;the tine runs thence in a northerly direction along land now or formerly of Wallace Clark in a straight fine,a distance of Two Hundred and Two(202)feet, to a point in the southerly line of said Smith Road;the lute runs thence in an easterly direction along the J rtertanCeS' southerly line of said Smith Road,in a straight fine,a distance of One Hundred(100)feet to the point or place of beginning. Said premises are bounded: lith the sad ' it IS NORTHERLY: by Smith Road; ' a good-.' EASTERLY: by land now or formerly of Charles M.Varrick,at at and land now or formerly of Mitchell M.Slowlck,et ai,in part by each; .he same I J SOUTHERLY: by land now or formerly of Baltnis Daltuwa;and WESTERLY: by land now or formerly of Wallace Clark. essors an' mises to f. RECEIVED FOR RECORD: sever, DATE -n E O B> ► ! M. :o be set thi TOWN CLERK.sourrt wirrosOR,CT f a 4 Der TM a_• Df they W� the free act r Court r i S�y+N Sfq C 719v / V 0-le / slaa& V&U&ot w� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 SOR•co` TELEPHONE(860) 644-2511 i March 20, 2015 Peter DeMallie Design Professionals, Inc. 21 Jeffrey Drive South Windsor, CT 06074 RE: Application #2779-15— variance request 1, 9 & 15 Buckland Road and 395 Smith Street 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, April 9, 2015 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 $1,90.00 application fee is the cost of signs to advertise that a public hearing will be held regarding this property. The signs should be obtained at the Planning Department at the South Windsor Town Hall and must be posted no later than Sunday, March 29, 2015. The signs must be placed in locations visible from Buckland Road and Smith Street. Very truly yours, f . I Donna Thompson Recording Secretary COW N St COD 074CS V&U&ot w� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f�dSOR-CO TELEPHONE(860) 644-2511 CERTIFIED MAIL#70111570000063328390 March 24, 2015 Joseph V. Camposeo, Town Clerk Town of Manchester 41 Center Street P.O. Box 191 Manchester, CT 06040 Re: Notice to Adjoining Municipalities Dear Mr. Camposeo: In accordance with Connecticut General Statutes concerning notification to municipalities regarding Zoning Board of Appeals applications that could affect the abutting town, we hereby notify you of Application #2779-15 — Scott Leonard, 110 Lavender Lane, Rocky Hill, CT — request for two variances: 1) a 40 foot variance to Table 4.1.6A to allow buildings with a minimum 25 foot front yard setback along Buckland Road (65 feet required); 2) a 55 foot variance to Table 4.1.6A to allow a 10 foot front yard setback along Smith Street (65 feet required) on properties located at 1, 9 & 15 Buckland Road and 395 Smith Street, RC (Restricted Commercial) Zone. This application is tentatively scheduled to be heard by the Zoning Board of Appeals on April 9, 2015 at 7:30 pm in the Madden Room of the South Windsor Town Hall. If you have any questions, please feel free to contact the Planning Department at 644-2511, ext. 252. Very truly yours, Michele R. Lipe;AICP Director of Planning MRL/dt cc: Manchester Planning Dept Town of • • • Planning Department Memo To: James Kupchunos, Chairman; Zoning Board of Appeals From: Michele R. Lipe, AICP; Director of Planning Date: 3/25/15 Re: April ZBA Application 1. Appl. 2779-15 — Scott Leonard, 110 Lavender Lane, Rocky Hill, CT - request for 2 variances: 1) a 40 foot variance to Table 4.1.6A to allow buildings with a minimum 25 foot front yard setback along Buckland Road (65 feet required); 2) a 55 foot variance to Table 4.1.6A to allow a 10 foot front yard setback along Smith Street (65 feet required), on properties located at 1, 9 & 15 Buckland Road and 395 Smith Street, RC (Restricted Commercial) Zone. The 2.06 acre property in South Windsor was granted a zone change on 7/14/09, from RR (Rural Residential) to RC (Restricted Commercial). Copies of the minutes from that meeting are attached. This provides background to the PZC decision to change the zone to a commercial zone. From a zoning setback perspective, this property is considered a corner lot as it has road frontage on both Buckland Road and Smith Street. Therefore, it is subject to two front yard setbacks (65 feet) along the road frontages and two side yard setbacks (10 feet) along the remaining two property boundaries. Prior to any development on this site, an application would be required to be submitted to the PZC for site plan approval. Please contact me at (860) 644-2511, ext. 252 if you have any questions. • Page 1 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. MEMBERS PRESENT: Chairman Patrick Kennedy, Timothy Moriarty, Louise Evans, David Sorenson and Bart Pacekonis ALTERNATES PRESENT: Viney Wilson STAFF PRESENT: Marcia Banach, Director of Planning Joseph Perna, Project Engineer PUBLIC HEARING/COUNCIL CHAMBERS Chairman Kennedy called the meeting to order at 7:30 p.m. Kennedy appointed Wilson to sit for Sullivan. 1. Appl. 09-18P, Scott Leonard, One Buckland Rd—request for zone change to Restricted Commercial for 2.06+/- acres (4 properties) at 1, 9, 15 Buckland Road and 395 Smith St, RR zone Peter Alter, Attorney representing Scott Leonard, gave an overview of the property. Mr. Leonard's parcels lie mostly in South Windsor and they extend south on Buckland to the Manchester Town line. The zoning in Manchester is General Commercial zone and the surrounding developments are substantially commercial. Mr. Leonard conveyed land as well as easements to both towns to allow The Shops at Evergreen Walk to go forward and entered into an agreement with Evergreen Shops. The applicant is requesting a zone change for 1, 9, 15 Buckland Road and 395 Smith Street to Restricted Commercial. This is the only property on Buckland Road that is not commercially zoned. The parcel is too small to be developed into any other type of commercial zone; it is less than 3 acres in size. On April 4, 2004 a meeting was held with Town Manager Matt Galligan, representatives for Evergreen Walk and several other representatives to discuss the widening of Buckland Road that needed to occur with the Evergreen Walk development. Additional right-of-way along Mr. Leonard's property was needed for the road widening. The purpose of the meeting was to discuss the implications of the road widening on Mr. Leonard's property and to reach an agreement about providing that right-of-way. The agreement that was reached was that Mr. Leonard would have access to his property via a curb cut from Buckland Rd. A letter was submitted for the record from Mathew Galligan, Town Manager (see exhibit A). In the letter Mr. Galligan confirms that during the Evergreen Walk hearings and approval, the Town promised Mr. Leonard an entrance way on to Buckland Road for any future projects. The applicant had a recent discussion regarding the entrance way on to Buckland Road with the Town Planner and did not receive support for driveway access on to Buckland Road. Town staff recommended that the access to Mr. Leonard's property be combined with the existing driveway to the Plaza at Buckland Hills. Attorney Alter noted that he contacted Kevin Sims, Director of Development for Downeast Associates, to consider providing a driveway access from the Downeast Associates property for Mr. Leonard's property. Mr. Sims did not agree to provide a driveway access; he noted that Downeast Associates will not facilitate 1 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. any easements since it would require restrictive covenants that would make it difficult for any future retail development at the Leonard property. There is no other access way since Smith Street is a residential neighborhood. The only alternative for access is a permanent right in/right out on Buckland Road. The second question was if a connection to the Plaza at Buckland Hills sanitary sewers was possible about 40 ft. away from Mr. Leonard's property. Mr. Sims did not agree to let the Leonard property connect to the sanitary sewer. There was a preliminary discussion with Attorney Bob Rogers from Poag & McEwen regarding the possible connection of the sewers to LLBean; there is no definitive answer on this matter. Another option is to carry the sewer down to the intersection of Buckland Road and Pleasant Valley. The applicant is proposing to elevate the front portion of the site and install retaining walls to improve visibility of the site. Peter DeMallie, Principal and President of Design Professionals Inc. gave the history of the site. Mr. DeMallie gave an overview of his experience in the Planning field. DeMallie gave an overview of the Plan of Conservation and Development for the Buckland area. The Buckland area is marked on the map for economic development. In 1991 the Town did a major expansion of Buckland Road that did not affect the three parcels in question. In 2004 at the request of the Town of South Windsor Mr. Leonard voluntarily donated 30 to 40 ft of land along the frontage to accommodate road widening. An easement was granted for slope rights that varied from 22-60 ft. A permanent easement was granted to the Town of Manchester for a Welcome to Manchester Sign. Mr. Leonard has given up a substantial amount of land for both Manchester and South Windsor that eventually made it possible for The Evergreen Walk Development to happen. The applicant is not proposing any access through Smith Street since it's a residential neighborhood. The Economic Development Commission has endorsed this zone change as well as the Town Manager. Some aerial photos were shown to the Commission as well as a zone map that depicts all the surrounding properties showing that the Leonard Property is the only property zoned residential. Galen Semprebon, Professional Engineer with Design Professionals went over the traffic study. A traffic study was completed on the site. The study was done from Tamarack Avenue down to Buckland Street. The traffic count was done at the intersection of the Plaza at Buckland Hills driveway and Buckland Road and found that there was a higher traffic volume than had previously been projected(see exhibit B). Attorney Peter Alter mentioned that the site will not represent a significant commercial development 14000 or 15000 sq ft will be the maximum size. Banach gave a Planning report as follows. 1. Zone change request from Rural Residential to Restricted Commercial for 4 properties totaling 2 acres located at 1, 9, 15 Buckland Road and 395 Smith Street. All four residential lots had houses on them previously; all of the houses were removed (3 due to Buckland Road widening). Minimum lot size required in the RC zone is 30,000 sq ft;minimum frontage required is 150 feet. 2 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. 2. There is some zone change application history on this site. In October 2000, a zone change request to Buckland Gateway zone for this property was denied by the Commission. The reasons for denial were: a. Commercial development with access directly onto Buckland Road in this vicinity would create a safety hazard; and b. There was concern that commercial development would propose access onto Smith Street, which is residential in nature. The minutes of that meeting reflect Commission discussion that this area is probably no longer desirable nor appropriate as residential property due to the extensive amount of surrounding commercial property, but that access needs to be addressed. It was also noted that if the access issue is addressed, the Commission would be receptive to a reapplication. In 2003, another application for a zone change to Buckland Gateway zone was submitted, but the application was withdrawn prior to the public hearing. 3. The Town Plan of Conservation & Development depicts this area as Economic Development. The Plan notes that the most appropriate uses are and will continue to be commercial and industrial uses that are in conformance with the Guiding Principles and Objectives of the Plan. The site is surrounded by Buckland Gateway zone on the north and east; a Manchester commercial zone on the south, Designed Commercial and Rural Residential zones on the west. 4. Section 8.3 provides criteria for the Commission to consider for all zone change applications. The criteria include but are not limited to: a. The goals, objectives, and recommendations of the Plan of Conservation and Development; b. The purposes of zoning and of these regulations; c. Changes that have taken place in the rate and pattern of development and land use within the Town and adjoining communities; d. The supply of land available in the present and proposed zone; e. The physical suitability of the land for the proposed zone; f. The impact on the capacity of the present and proposed utilities, streets, drainage systems, and other improvements; g. The general character and zoning of the neighborhood; h. Impacts on the surrounding area; i. Traffic congestion impacts; j. The impact on surrounding property values; k. The environmental impacts; 1. The health and general welfare of the community; in. Neighborhood acceptance weighed against community needs; and n. The protection of historic factors. 5. The possible uses in this zoning category include municipal facilities, retail, day care, financial institutions, hotels, restaurants, offices, mortuaries, and personal service shops. The RC zone has a 65- 3 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. foot front yard setback and 10-foot side yard setbacks. This property is a corner lot so there is no rear yard setback. Planning Dept prepared a map showing the approximate setbacks and buffer, and the remaining building area if the lot is rezoned to RC. 6. A zone change is the appropriate time to discuss traffic impacts. The applicant submitted a traffic report on Friday, July 10. The traffic report, in its discussion of whether there should be driveway access directly to Buckland Road, uses such terminology as "reasonably higher rate of speed"without providing those actual speeds. We also would have expected to see actual speed data for Buckland Road in this vicinity, as well as accident data. The property has frontage on both Buckland Road and Smith Street. If the property is rezoned to a commercial zone, it would be highly inappropriate to allow access to Smith Street, which is very residential in nature even though it is surrounded by commercial development. Buckland Road is part of the Commission's official Access Management corridor, per Section 5.5. All properties that abut the street right-of-way must conform to the access management requirements. The Commission's access management planning on Buckland Road included the provision of traffic lights spaced to eventually serve all Buckland Road driveways. This property does not have existing or future access to any of those traffic lights—but it does have the ability to interconnect with the Plaza at Buckland Hills existing driveway. If this zone change is approved, Planning Dept requests the standard access management interconnection easement to the south to allow for a future interconnection with the Plaza at Buckland Hills, in accordance with the provisions of Section 5.5 of the zoning regulations. Site design will need to demonstrate that the interconnection is physically feasible, and the easement document will need to be filed on the land records. The standard easement requires that when the access is available on the adjoining property, the subject property must complete the interconnection and remove the stand-alone driveway. The Commission has consistently required the same treatment on Buckland Road properties since the access management regulations were adopted. 7. This property has the challenge of a steep grade from the road to the back of the property, with about a 30-foot difference in grade over a length of about 270 feet. The options for development include: filling up to Buckland Road level; terracing; or splitting the difference and filling to the midpoint of the grade. Filling up to Buckland Road would result in a high retaining wall along the back and Smith St side property boundaries. The abutting neighbor at 383 Smith Street will be most impacted by filling and retaining walls as there is not much space between the existing house and the Leonard property boundary. Terracing up to Buckland Road would make development difficult because the property is small. Staff recommend that the grade be split, thus reducing the retaining wall impact on the house at 383 Smith St and facilitating access to the adjoining Plaza at Buckland Hills driveway. 8. The Town Sanitarian has indicated a concern with drainage from this site potentially affecting existing septic systems. Detention will be needed for stormwater runoff. There is existing stormwater drainage in Smith Street but it is probably not adequate to incorporate drainage from the Leonard property. 9. There would be a buffer requirement on the east property boundary. The Restricted Commercial zone buffer requirement is 50 feet. The applicant has indicated his intention of seeking variances to setback and buffer requirements. 10. Public water is available in Smith Street. Public sewer is closest to this site in two separate private easements, one on Evergreen Walk property and one on Plaza at Buckland Hills property. Connecting to 4 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. either of these sewers will require an agreement between Mr. Leonard and the private sewer owner; any such agreement needs to explicitly detail who is responsible for maintenance. There is a public sewer line located in Buckland Road at the intersection of Pleasant Valley Rd, in Manchester. Connection to this sewer would require much more complex construction than connecting into either of the private sewer lines. All three sewer lines would provide gravity flow, and all are feasible from an engineering perspective. Water Pollution Control Authority approval is required for any of the connections. 11. The wetlands map does not show any regulated wetlands on this site. 12. The zone change request was referred to CRCOG as required. CRCOG responded that: the staff of the regional planning Commission of the Capitol Regional Council of Governments has reviewed this referral and finds no apparent conflict with regional plans and policies or the concerns of neighboring towns. 13. Site plan of development would be required prior to any commercial use of this property. 14. If this zone change is approved, the Commission must state on the record that you have found the zone change to be consistent with the plan of conservation and development. Perna gave an Engineering report as follows. Banach covered most of the Engineering comments. The Engineering staff recognizes that the site will be challenging to develop due to the nature of the grade and also the applicant will have to address the storm water run off. There was public participation in opposition to the application. Irene Gancarz,resident of 383 Smith Street mentioned that her property is lot 18-12 on the zone change plan. The resident is concerned about the zone change because it is so close to her property. In 1994 she attended a Planning and Zoning meeting and was assured that the strip mall to the rear of her property that was causing drainage problems would be addressed and that the buffer in the form of a berm would be extended to include her property. Fifteen years have gone by and the berm was never installed. If the commission is going to allow a zone change the resident is requesting that they secure the funds to make sure the work is completed. The resident is requesting that the zone not be changed on property located at 395 Smith Street lot 18-11. This property is part of Smith Street and it is currently zoned residential. The resident feels that if it remains residential this will protect it from future applications acquiring access through Smith Street. The secretary read a letter for the record from Matt Galligan, Town Manger and another letter from Craig Stevenson, Economic Developer in support of the Leonard Zone Change. (See exhibit A& C) Commissioners had questions and concerns. Responses will be in italics. • Commissioners asked for clarification on what types of variances were needed by the applicant. Attorney Alter responded that at this time there is no prospective tenant therefore no site plan is drawn up. In a maximum development scenario of about 14,700 sq ft. the principal variance that will be needed is the ability to have less than the required sideyard and buffer to the west of Smith Street. The challenges on this property are protecting the residential neighborhood. 5 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. • Pacekonis asked if the applicant has spoken to the abutters (Mr. & Mrs. Gancarz) in order to come to an agreement. Attorney Alter responded that Mr. Leonard has offered to purchase the abutting property and the Gancarz are not interested in selling. The applicant is respectful of the property owners concerns. Mr. Leonard has developed other properties,for example the site where the Savings Institute is located, and has followed all regulations in the past when developing properties. • Commissioners clarified that any variances granted are not granted by the Planning and Zoning Commission the variances are granted by Zoning Board of Appeals which is a different Commission Irene Gancarz responded to the Commission that on three occasions Scott Leonard approached her and he mentioned variances. Mr. Leonard approached Ms. Gancarz before he took the trees down on the property and she did not agree to anything. Shortly after that Mr. Leonard stopped cutting the trees and left a mess on the property. • Pacekonis asked Ms. Gancarz if Mr. Leonard had approached her about selling her property. Ms. Gancarz responded that she had been approached by Leonard and she was not planning to sell her property to anyone. • Pacekonis asked if Ms. Gancarz had approached Town Staff regarding the berm that was supposed to be put in to the rear of her property that was never put in. Ms. Gancarz mentioned that it was a long time ago and she cannot remember. Banach responded that there was a development plan for a retail development that spanned the Town Line prior to the current Plaza at Buckland Hills. PZC turned down the application and the developer filed a law suit against the Planning & Zoning Commission. There was a negotiated settlement that required the developer to build a berm with the excess material. The developer built the berm as far as it would go; the settlement never stipulated that the berm would go all the way to Ms. Gancarz property. • Pacekonis mentioned that the commission has to consider the review criteria. One of the criteria is the impact on surrounding property values and neighborhood acceptance weighed against community needs. The commission member asked Ms. Gancarz if she knew what the impact on her property value would be with the new development. Ms. Gancarz responded that she was depending on the Commission to inform her how a development would impact her property. She knows what the run off from the development would do to her property, and she knows that the Home Depot in Manchester had a retaining wall that collapsed. Ms. Gancarz does not want that to happen to her property. • Commissioners questioned if Mr. Leonard had ever received compensation of any kind from the Town of South Windsor or Manchester in exchange for the road right of way. 6 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. Attorney Alter responded that Mr. Leonard did not receive compensation by the Town of Manchester or South Windsor. The agreement that Mr. Leonard had with Evergreen Walk contemplated an exchange of land and payoff of a mortgage. On April lst 2004 at a meeting, Mr. Galligan assured that Mr. Leonard would not be cut off from Buckland Road. There was no representative of Planning & Zoning at that meeting or any of the Planning Staff. • Commissioners questioned the entrance to the site and the possibility of traffic leaving Buckland Plaza. Galen Semprebon responded that about half of the traffic that is leaving the driveway at the Plaza at Buckland Hills is oriented to the far left lane at Buckland Road in order to make a left on to Buckland Hills Drive or to make a U-turn to head back north. Vehicles sitting at this driveway have to wait for the right lane to be clear or for all of the lanes to be clear before they turn. When the traffic study was done there was almost always a car waiting to leave the driveway. • Commissioners asked how that compares with the traffic leaving the plaza from Pleasant Valley driveway. Galen mentioned that the traffic study did not include traffic leaving on to Pleasant Valley. Attorney Alter mentioned that if the Public Hearing closed at this hearing the Commission would have 65 days to act. If the Commission decides not to close the hearing the commission would have 35 days to close the hearing and then 65 days to act. Pacekonis made a motion to continue the Public Hearing to the next available date. There was no second. Motioned failed. The public hearing closed at 9:45 P.M. 2. Appl. 09-24P—South Windsor Stone &Landscaping Supply,LLC—request for a special exception to article 4, Table 4.1.1A and site plan approval for a landscape material sales and storage/warehousing business property located at 287 Strong Road, I zone The above mentioned application was postponed until July 28, 2009. REGULAR MEETING—MADDEN ROOM 1. Appl. 09-18P, Scott Leonard, One Buckland Rd—request for zone change to Restricted Commercial for 2.06+/- acres (4 properties) at 1, 9, 15 Buckland Road and 395 Smith St, RR zone Commissioners discussed the zone change and the process by which to review a zone change. Some commissioners feel that the best use for the property is Restricted Commercial. Commissioners mentioned that the neighbors should be taken into consideration when making a decision on a zone change. Discussion 7 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. ensued about the traffic report that some commissioners felt was important to review prior to making a decision. Pacekonis mentioned that if the Commission disregards any evidence that is submitted with an application it gives people a reason to appeal a decision that is made by the Commission. Evans mentioned that not changing the zone would be in conflict with the Plan of Conservation and Development. Evans made a motion to approve Application 09-18P to change the zone to RC and to find it in keeping with the Town Plan of Conservation and Development. Moriarty seconded the motion. Kennedy asked if there was any further discussion. Pacekonis mentioned that without knowing the impact that the zone change will have on the property values Pacekonis cannot make a decision to approve the application. The motion carried 5-1. Moriarty, Sorenson, Wilson, Evans and Kennedy, voted in favor. Pacekonis voted against. 2. Appl. 09-24P—South Windsor Stone & Landscaping Supply,LLC—request for a special exception to article 4, Table 4.1.1A and site plan approval for a landscape material sales and storage/warehousing business property located at 287 Strong Road, I zone The above mentioned application was postponed until July 28, 2009. 3. Appl. 06-61P Lots & More—Change order request for additional outdoor display Elaine Abouakar, Manager of Lots & More presented the above mentioned item. The applicant is requesting to use one parking space in front of the store to display temporary summer seasonal items. There is another area that the applicant would like to use for pallets of garden soil and potting mix. The largest change is area number 3 where the applicant would like to display outdoor nursery products, different kinds of trees and greenery. The last change is an area that the applicant would like to feature a new vendor or a new item. This area would be 5 ft. by 30 ft long and wouldn't go higher than 4 ft tall. Pacekonis made a motion to extend the meeting past 10:00 PM. Moriarty seconded the motion. The motion carried and the vote was unanimous. Banach mentioned that there are plenty of parking spaces available and that everything is already out on the site and the are very neat. The plants add to the site. It's u to the Commission if the feel comfortable Y �' p p Y with this much outdoor storage. This store is set far back but others are not this far back,this will set precedence for other businesses that might come forward to ask for the same type of outdoor storage. Commissioners discussed the proposal. 8 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. Commissioners asked if the items would be removed during the winter. Ms. Abouakar mentioned that the items would be removed and replaced with Christmas trees. Moriarty made a motion to approve the above mentioned request. Sorenson seconded the motion. The motion carried and the vote was unanimous. 4. Appl. 02-18P South Windsor Technologies Center LLC—Conditional Subdivision Approval expiration(expiration date 3/28/09) see CGS 8-26 c (c) attached Pacekonis moved to approve the above mentioned item. Sorenson seconded the motion. The motion carried and the vote was unanimous. BONDS: Evans made a motion to release the IWA/CC bond in the amount of$5,000 for Appl. 06-61P, Lots & More. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Evans made a motion to reduce the IWA/CC bond from $50,000 to a balance of$5,000 for Appl. 07-09P, Kilkenney Heights-Stormwater. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Evans made a motion to reduce the IWA/CC bond from $30,000 to a balance of$5,000 for Appl. 07-09P, Kilkenney Heights E& S. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Evans made a motion to release the IWA/CC bond in the amount of$5,000 for Appl. 05-05P, John Fitch Partners—E & S. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Evans made a motion to release the IWA/CC bond in the amount of$ 5,000 for Appl. 07-64P, Wentworth Park II-stormwater. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Evans made a motion to release the IWA/CC bond in the amount of $5,000 for Appl.07-64P, Wentworth Park II-stormwater. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Evans made a motion to release the IWA/CC bond in the amount of$2,000 for Appl. 05-72P, Fraize Interior Lot. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Evans made a motion to release the IWA/CC bond in the amount of$10,000 for Appl. 03-83P, Berry Patch II. Pacekonis seconded the motion. The motion carried and the vote was unanimous. Pacekonis madea motion to release the Site bond in the amount of $5,000 for Appl. 05-05P, John Fitch Partners. Wilson seconded the motion. The motion carried and the vote was unanimous. 9 TOWN OF SOUTH WINDSOR MINUTES PLANNING & ZONING COMMISSION TUESDAY,JULY, 14 2009 PUBLIC HEARING/REGULAR MEETING COUNCIL CHAMBERS/MADDEN RM, 7:30 p.m. Pacekonis made a motion to release the Site bond in the amount of$2,000 for Appl. 03-83P, Berry Patch II. Wilson seconded the motion. The motion carried and the vote was unanimous. MINUTES: No minutes OTHER BUSINESS: ADJOURNMENT: Pacekonis made a motion to adjourn the meeting at 10:15 p.m. Sorenson seconded the motion. The motion carried and the vote was unanimous. Respectfully submitted D. Maria Acevedo Recording Secretary 10 1540 SULLIVAN AVENUE•SOUTH WINDSOR,CT 06074.2786 ......� :' �° ._.. .........'....' : ..:.: ....AREA _............__..._....................................................._.._........................._......................._................_..._.__., ....................._....._.._.._................. FAX 860/644-3781 f i MATTHEW B.GAi.•f.1GAN fi 7wm Manager t :j i July 10,2009 t Mr.Patrick Kennedy Chairman Planning&Zoning Commission i 9 Tuttle Circle South Windsor,CT 06074 Re: Appl.09-18P,Scott Leonard,One Buckland Rd Dear Chairperson Kennedy: Please read the following into the record of the July 14, 2009 Planning &Zoning Commission Public Hearing as my support for Application 09-18P,Scott Leonard,One Buckland Road: Please be advised that I am not able to attend this July 14,2009 Planning&Zoning Commission meeting due to the fact that I am on vacation in Vermont. This vacation was scheduled over a year ago. I would like to inform the P&Z Commission that the project before you being presented by Scott Leonard, is a project that the Town Manager is endorsing. I would like to help Mir. Leonard provide a quality project on his site. The reason I am coming forward to support this project is that during the Evergreen Walk Hearings and Approvals, Evergreen Walk had to do some site lines and approvals for their entrance into their facility. As part of that, as you,now,the Town- Council did not do any condemnation on Mr._ Leonard's site as he had worked with the developers of Evergreen Walk to give them some easements so that.they would be able to move forward on the Evergreen Walk project. This created better site lines for the cars that are traveling along the Buckland Road Corridor. During that process,it was discussed.that the Town would try to protect.Mr. Leonard from being hurt by his voluntary decision to help us with our project and that he would still be able to have an entranceway on to Buckland Road for any project that he may do in the future. That is why I am supporting his application to°have Mr. Leonard be able to have access off of Buckland Road. I know that the Applicant has tried to work with the Simon Property to secure access from their property;but that has been denied. I do not want to see Mr.Leonard get hurt on this project. He stepped up to the plate to help us on a major project,which has proved to be a strong economic impact to the community.. It-has a provided a quality of life that South Windsor has been able to enjoy with its shopping and retail environment. -_ .......... ..once'..again,-"support"this--application.and.apologize for..not•being here: If'the public.hearing........:-:--- �� remains open, I will be more than happy to come to the extended hearing to have discussions with the P&Z Commission as to what took place five years ago and how Mr. Leonard was very helpful and key in our Evergreen Walk project. Mr. Scott Leonard has also done other work m South Windsor and has been a pleasure to deal with. He has followed all of the rules and regulations that our department heads, from Building Inspector to Director of Planning, and has always been accommodating to make sure that he follows the approvals as outlined by the P&Z Commission and Staff. I want to thank the Chairman and the Commission Members for taking the time to review this letter. I stand ready to discuss this further if the Public Hearing is continued. If not,i hope we # see our way clear in approving this application. J Very truly yours, Matthew B. Galligan Town Manager cc: Peter DeMalhe Peter Alter i South Windsor Economic Development Craig Stevenson. Economic Development Coordinator o �1jSOR.00 July 14, 2009 Mr. Patrick Kennedy, Chair Members and Alternates Planning &Zoning Commission RE: Appl.09-18P, Scott Leonard,One Buckland Rd—request for zone change to Restricted Commercial for 2.06+/-acres(4 properties) at 1, 9, 15 Buckland Road and 395 Smith St,RR zone Dear Chairman Kennedy, Members and Alternates: On behalf of the Economic Development Commission and myself as economic developer, I convey the strongest support for the above application. The applicant has made a presentation to the Economic Development Commission and the Commission has unanimously voted to endorse this application. The property in question abuts this zone currently and is situated among commercial development. Its frontage on Buckland Road, despite its challenging nature, would seem to lend itself to commercial development. Further, this property owner has cooperated and contributed to the development of the area on a holistic level. They have cooperated with the Towns of South Windsor and Manchester as well as the developer of Evergreen Walk. Such actions demonstrate a commitment to quality and community goals. The opportunity to achieve goals identified in the Town's Plan of Conservation and Development for this area of town is significant. Changing the zoning of this property will allow for its highest and best use. Significant real property improvements and the potential for increased economic activity would also benefit the Town. Again, we strongly urge your approval of this application to facilitate the successful attention of the land use goals established for this area. Sincerely, Craig Stevenson Janis Murtha Economic Developer Economic Development Commission Chairperson �Ow p SFR< -010 �^- 9�tadsot��v�avntc 0 a u r`i''bsOlt-C��Cl July 44, 2009 Mr. Patrick Kennedy, Chair Members and Alternates Planrting &Zoning Commission RE: Appl.09-18P,Scott Leonard,One Buckland Rd—request for zone change to Restricted Commercial for 2.06+/-acres(4 properties)at 1, 9, 15 Buckland Road and 395 Smith St,RR zone Dear Chairman Kennedy, Members and Alternates: On behalf of the Econ_omic Development_Commission and myself as economic developer, I convey the strongest support for the above application. The applicant has made a presentation to the Economic Development Commission and the Commission has unanimously voted to endorse this application. The property in question abuts this zone currently and is situated among commercial development. Its frontage on Buckland Road, despite its challenging nature, would seem to lend itself to commercial development. Further, this property owner has cooperated and contributed to the development of the area on a holistic level. They have cooperated with the Towns of South Windsor and Manchester as well as the developer of Evergreen Walk. Such actions demonstrate a commitment to quality and community goals. The opportunity to achieve goals identified in the Town's Plan of Conservation and Development for this area of town is significant. Changing the zoning of this property will allow for its highest and best use. Significant real property improvements and the potential for increased economic activity would also benefit the Town. Again, we strongly urge your approval of this application to facilitate the successful attention of the land use goals established for this area. Sincerely, Craig Stevenson Economic Developer r �pW N SfA y ' O BCD��1112 V/ ��C7►2;G�L O F 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 l�dSOR-CO TELEPHONE(860) 644-2511 April 16, 2015 CERTIFIED #7011 1570 0000 6332 8420 Mr, Scott Leonard 110 Lavender Lane Rocky Hill, CT 06067 RE: Appl. 2779-15 - 1, 9 & 15 Buckland Road and 395 Smith Street Dear Mr. Leonard: At the meeting of the South Windsor Zoning Board of Appeals held on April 9, 2015, the Board approved with conditions your request for two variances: 1) a 40 foot variance to Table 4.1.6A to allow buildings with a minimum 25 foot front yard setback along Buckland Road (65 feet required); 2) a 55 foot variance to Table 4.1.6A to allow a 10 foot front yard setback along Smith Street (65 feet required) on properties located at 1, 9 & 15 Buckland Road and 395 Smith Street, RC (Restricted Commercial) Zone. This approval is based on the application packet submitted including proposed elevations and the plan submitted by Design Professionals, project number 1831, dated 3/23/15 as revised. The Board placed the following condition: there shall be no permanent or construction vehicle access, nor any pedestrian access from Smith Street directly to the site. The Board concluded the hardship to be: the geometry created by the existing setbacks makes the parcel generally unbuildable under current zoning; especially in connection with the topography of the site — steep slopes and required vehicular access and parking areas would make it significantly difficult to build under the current zoning regulations. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. V�y truly yours,, James Kupchunos, Chairperson Zoning Board of Appeals JK/dt cc: Building Department Design Professionals, Inc. I, James Kupchunos, Chairperson of the South Windsor Zoning Board of Appeals hereby certify that on April 9,2015,the Board approved with conditions your request for two variances: 1) a 40 foot variance to Table 4.1.6A to allow buildings with a minimum 25 foot front yard setback along Buckland Road (65 feet required); 2) a 55 foot variance to Table 4.1.6A to allow a 10 foot front yard setback along Smith Street (65. feet required) on properties located at 1, 9 & 15 Buckland Road and 395 Smith Street, RC (Restricted Commercial) Zone. This approval is based on the application packet submitted including proposed elevations and the plan submitted by Design Professionals, project number 1831, dated 3/23/15 as revised. The Board placed the following condition: there shall be no permanent or construction vehicle access, nor any pedestrian access from Smith Street directly to the site. on premises located at: 1, 9 and 15 Buckland Road and 395 Smith Street, RC (Restricted Commercial)Zone. and more particularly bounded and described as follows: Being that certain parcel of land on westerly side of Buckland Road in Town of South Windsor,County of Hartford,State of Connecticut,being the South Windsor. portion of the property depicted on a plan entitled:"Property 8,Topographic Survey Scott Leonard 1,9,&15 Buckland Road,395 Smith Street South Windsor CT and 368 Buckland Street,Manchester,CT Date:03-19-15 Scale:1"=20',being more particularly bounded and described as follows: Beginning at a.point on the westerly streetline of Buckland Road at its intersection with the Southerly Streetline of Smith Street; Thence in a southerly direction along the westerly streetline of Buckland Road on a curve to the left having a delta angle of 3042'12",radius of 1903.01 feet and an arch length of 123.00 feet,to a monument; Thence S 02006'27"W,along the westerly streetline of Buckland Road,75.86 feet to a monument; Thence S 03*1T04"E,along the westerly streetline of Buckland Road,92.60 feet to a point on the South Windsor/ManchesterTawn Line; Thence S 71°15'29"W,along the South Windsor/Manchester Town Line,199.07feetto a point on the easterly property line of tend now or formerly Downeast Associates Limited Partnership; Thence N 2211729"W,along the easterly property lines of lands now or formerly Downeast Associates Limited Partnership and:Richard&Irene Gancarz,in part by each,185.47feet,to an iron pipe; Thence N 04119'54"W,along the easterly property line of land now or formerly Richard &Irene Gancarz,202.18 feet,to a point on the southerly streetline of Smith Street; Thence S 86'26'17"E,along the southerly streetline of Smith Street,267.88 feet,to the point and place of beginning. OWNER OF RECORD: Scott Leonard Dated at South Windsor, Connecticut this 16th day of April 2015. James Kupchunos, Chairperson PUBLIC ACT#75-317 Received for Record this day of 2015 at VOLUME PAGE TOWN CLERK COMPLETE ■ Coe�lete items 1,2,and 3.Also complete A. Signat =' ite4 if Restricted Delivery is desired, ❑Agen# ■ Prinfi your name and address on the reverse OEM ❑Addressee at we can return the card to you-`Y _ _ ;��ed by 'rated me) . Date of Delivery ■Attach this card to the back of the mailpiece, l/ or on the front if space permits. D. Is delivery address different from-item 1? ❑Yes 1. icle Addr�sed t ,^� /� If YES,enter delivery address below: ❑No 11 t�� � O Certified Mail® 0 PriorityMail Express"" O Registered ❑Return Receipt for Merchandise �Insured.Mail �Collect on Delivery 4: Restricted Delivery?(Extra Fee) ❑Yes 2. Artic►eNumber 7Qy], 7,570 QQQQ 6332 842Q (Transfer from service labe/J PS Form 3811,July 2013 Domestic Return Receipt