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HomeMy WebLinkAbout70 Pleasant Valley Rd Variance TOWN OF SOUTH WINDSOR h: ZONING BOARD OF APPEALS APPLICATION 3�� �, ` VARIANCE Application #d V7 f& ® APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec' _ Applicant: VL ivi n TOWN t;NAGER'S OPFICE Address: ') O C L�A.S ANT ✓Au-.C-d V-0 TOWN O�SOUTH WINDSOR Telephone#: qo o 5-L�r $2L- / S,5v 45-3 q Ll qS"1 ce1) Property Owner: SArrrlC, Address: Telephone#: Location of Subject Property in Question: 7 a Q L(9 AsArofi VAu.LT4 PO S 11)0-k UN --wb fz Zone A y o 1. Are there wetlands on the property? YES NO 2. Is any part of the premises within 500' of town line? YES NO 3. Is this property within the CT Water Aquifer area? YES INO (If yes,the applicant must file an application with the CT Water Company and submit copy with their application.) C� Requesting a Variance to Zoning Regulation Section(s): �- _.. I, } Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision: (Attach additional sheet if needed) gA For Variance request only: 4 s : 1. Strict application of the regulations would produce UNDUE HARDSHIP bealai g:--f 2. The hardship created is UNIQUE and not shared by all properties alike in the neighborhood because 3. The variance would not adversely impact neighboring property; i.e. public health, safety, convenience, welfare and property value, because :e- Cii h Applicant's Name (please p ' t) 'ail Signature Date AV Property Owner's Name (please print) A�A- Signature Date DO NOT WRITE BELOW Action of the Board: Approved [(� Denied Date Date Approved: Denied: �vw w Effective 511107 Town GIS Pin # Written Description of Variance Request To : Zoning Board of Appeals Re: Variance Request 70 Pleasant Valley Road Date: November 19, 2015 First, I want to acknowledge the purpose of ZBA. I've been a member of ZBA in the past and fully understand that ZBA intends to be cautious when excepting certain situations such that precedent is not set nor neighborhoods impacted. I believe the current situation is unique and granting a variance actually lessons neighborhood impact and improves visual aesthetics. Purpose of Variance Request I wish to build an accessory building to store 4 antique tractors. As such, it will be a static use hobby building. The size of the building is still under consideration, but likely to be about 24'x34'. As the building proposed will be greater than 12' high, current zoning regulations permit said building to be located on the property, but subject to the 50' rear yard line requirement (Section-2-9) Description of Variance Request This variance request is for a variance to Section 3.12A of the zoning regulations to permit the planned accessory building to be located as far back on the property as possible (within 10' of rear lot line) so as to improve sightlines from the road and reduce the visual impact of the building. The intended building will constructed in pleasing manner by Amish craftsman, it would be desirable to push the building as far back on the existing lot as possible to reduce visual impact. Rationale My interpretation of the 50' rear lot line requirement in current zoning regulations is to maintain a buffer between adjacent properties such that activity within one neighbor's property does not adversely impact another. In the case of 70 Pleasant Valley Road, however, the result of following Section 3.12A is actually the opposite of what is intended by the zoning regulations. The reason is simple:there is no housing located in the rear of the property—it is farmland and buffered by large trees. As such, locating the building at or near the rear lot line has the following benefits: a. From the Pleasant Valley street view,the building is more "hidden" and less noticeable b. From the point of view of both neighbors, the building is positioned behind significant, existing, tree plantings on the side property lines and therefore obscured from view c. From the point of view of the rear agricultural property, the least impact is on the rear of the property, as corn stalks don't seem to mind having a building built nearby. In summary: Y 1. Application of regulations that would produce hardship because: Building would be located in a more prominent position vs. taking advantage of the unique boundary situation to locate the building into a more obscured location. 2. Hardship is unique because: The rear property is agricultural and stretches for miles from the general area of Pleasant Valley Road to Newberry Road and is farmland under cultivation. 3. Variance would not adversely impact neighboring property because: In fact, granting the variance would actually benefit neighboring property because the building would be less obtrusive vs. locating it per current zoning regulations. PLOT PLAN. FOR FEtiX BASTARACKE SOUTH 1D�f I. r sGR., coNN. :Scale trc-50 ' May.. 14,1963 Y; 4 L S She q dh S •. l • .. - !; —4 �� '. •#. 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ST. JEAN and BONNIE R. ST. JEAN both of the Town of South Windsor, County of Hartford and State of Connecticut in consideration of the sum of TWO HUNDRED EIGHTY-FIVE THOUSAND AND 001100 ($285,000.00) DOLLARS, do give, grant, bargain and confirm unto TRACEY M. OATES and JAMES P. OATES both of the Town of South Windsor, County of Hartford and State of Connecticut with AS JOINT TENANTS WITH RIGHTS OF SURVIVORSHIP WITH WARRANTY COVENANTS A certain piece or parcel of land more particularly described on Schedule A attached hereto, and known as 70 Pleasant Valley Drive, South Windsor, Connecticut. Being the same premises conveyed to the grantor herein by Deed dated November 14. 1969 and recorded November 17, 1969 in Volume 130 at Page 798 of the South Windsor Land Records. Said premises are conveyed subject to: 1. Any and all provisions of any ordinance, municipal regulation, public or private law, building and building line restrictions of record and zoning regulations as established by the Town of South Windsor. 2. Taxes due the Town of South Windsor on the List of October 1, 2014 and thereafter, which taxes the grantee herein assumes and agrees to pay as part consideration for this deed. Convgwces Tax Received Town Clerk of South Windsor 3 Page 2 of 3 Yr.! ! 'r ! 2 1"UT 0 2 3 i r Signed this day of July 2015. tnessd by: Thoma . Robinso Paul W. St. Jean f� -,5 7 . ex, r4 Bonnie R. St. Jean STATE OF CONNECTICUT) ) ss. East Hartford July , 2015 COUNTY OF HARTFORD ) Personally appeared Paul W. St. Jean tnR. St. Jean, signers of the foregoing instrument and acknowledged the same as thand deed, before me. . Robinson Commissioner of the Superior Court Grantees' Mailing Address: 70 Pleasant Valley Drive South Windsor, CT 06074 Page 3 of 3 1 1 2 `ti�1 PnE 0:23 R SCHEDULE A piece or paroel of land located in the Town.of South Windsor, County of H&rdord State of Cannecticut on the Northeasterly side of Pleasant Valley Road, so-called, being more particularly bounded and described as fellows, to wit; Commencing at a point set in the northeast boundary at Pleasant valley Road, whit point marks the southeast corner of premises owned now or formerly by Charles A. Nielsen, et mr. thence moving North 380 211 30"I"East along:,he southeast boun- dary of said premises owned now or formerly by Charles R. Nielsen, et ux, a distance of Two Hundred Sixteen and Forty-ono One-Hundredths (216.41) feet to a Point set in the southwest boundary of premises owned now or formerly by doscph W. viberte, Sr;thence moving in a southeasterly direction along the southwest boundary of said premises owned now or formerly by Joseph W. viberts, 3s., a distance of One Hundred Ejgiaty-seven(197)feet to a point; theaoe moving South 38 21' 34'l West along the second piece hereinafter described, a distance of Two Hundred Fifteen and Sixty-eight One-hundredths (235.68) feet to a point set in the northeast boundary of said pleasant valley Road-, thence moving xorth 5lo 38'.36" West along the northeast boundary of said Pleasant valley Road, a distance of One Hundred Mighty-Seven(187) feet to the point cad place of beginning. Received for Record At j:3 V1n Recorde ' S It Windsor CT Bye. To Otte CERTFIED MAIL Date: December 16, 2015 Dear Edith and Stephen: I am applying for a variance to build a tractor shed on my lot on Pleasant Valley Road. Tracy and I just moved to this house from our house on Main Street. Rather than putting the shed in the middle of the back lawn (which I could do), I think it would be best to locate the shed at the far rear of the property, so it is less intrusive. I plan to use the tractor shed to store a few of my antique tractors that are used for Wood Library events, like the hayride for the 3 rd grade Native American program. In accordance with Rules and Regulations of the Zoning Board of Appeals, this letter is to make sure you are notified that I have filed an application for 70 Pleasant Valley Road (which abuts the cornfield) and that this application will have a hearing. The application is on file at the town hall. You are also invited to ask questions or give comments at the hearing also which is scheduled for Thursday, January 7, 2016 at the regularly scheduled Zoning Board of Appeals meeting. You can also send in written comments. If you have questions, you can contact the town Planning Department, 644-2511, ext. 329 or me at the phone number below. I will also stop by to better describe what I plan to do and answer questions. Sincerely, Paul and Tracy Oates 70 Pleasant Valley Road 860 539 4957 (cell phone) Postal e CERTIFIED RECEIPT C3 (Domestic Maff�Only;:No Insurance Coverage�Provided) m (Domestic Mail Only;No Insurance Coverage Provided) tL In °R U l Tr � �t -, ' y J.5 r f O POS tl F 11 age �.4 �f m Post 1 �� m C�,00 Certified Fee i y Certified Fee Certified Fee ` * p =t (, f� ° postmark ° Return ReceiptFee " Pgstmaric O Return Receipt Fee [y e(y(y FferA'°`i a Endorsement Required) y°i F1! .. Z„filer O (Endorsement Required) ° �y: a Web y Return Receipt Fee813, ^��9-fi n (Endorsement Required) a.^'r' " ( q ) ° s ° ry' O Restricted Delivery Fee - Restricted nt Required) ) Restricted Delivery Fee Q (Endorsement Required) �; (Endorsement Required) a (Endorsement Required) , eta° y° a tTl �,a �p Total Postage&Fees & nj Fees '+° �,�* .��� �� E, .n Total Postage&Fees .x_ /1 �'2t�1 Total PostageftJ - Sent Tob° I + ° Sent To /�` _ Sent To V5l_ 1=___ _ - -------------------------------- --------- y _ ________ ___-._-_ ______-____ m J' � Street;Apt IVo.; '' ''"°"�----=---------- Street,Apt.No.; p y - -- - d -------------------- f Street,Apt.No.; or PO Box No. or PO Box o. or PO Box No. ----------------- --- C`.State,ZIP+4- -- - -- - -- --------------- City State,ZIP+4 ----------------------------------------------------------- ity City State ZIP+4 t SSW N Sf4 C x FTau� 074C S-0� ?d C U 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 SOR-CO TELEPHONE (860) 644-2511 December 15, 2015 Paul Oates 70 Pleasant Valley Road South Windsor, CT 06074 RE: Application #2787-16— variance request 70 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, January 7, 2016 at 7:30 p.m. in the Madden Room of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor. Someone must be at the hearing to present the application. Included in the $190.00 application fee is the cost of a sign to advertise that a public hearing will be held regarding this property. The sign should be obtained at the Planning Department at the South Windsor Town Hall and must be posted no later than Sunday, December 27, 2015. The sign must be placed in a location visible from Pleasant Valley Road. Very truly yours, DonnaDonna Thompson Recording Secretary LAW OFFICE OF Keith Yagaioff& Associates W W WXAGALOFF.COM PO BOX 1 158 PHONE(860)432-5400 1343 SULLIVAN AVE FAX (860)432-5402 SOUTH WINDSOR,CT 06074 KEITH@YAGALOFF.COM January 7,2016 Michele Lipe Director of Planning Town of South Windsor South Windsor, CT 06074 Dear.Michele, You asked for a legal opinion on the issue of whether a full member or alternate to the Zoning Board of Appeals may appear on his/her own application for a variance. There also was an ancillary issue of whether it would be a conflict of interest for a member of the Zoning Board of Appeals to hear an application from a fellow member of the same political town committee. The issues are addressed in,the Town Code of Ethics and Connecticut General Statutes Sec. 8-11 and 8-21. Code of Ethics Sec. 14-109 provides in part that the ZBA member may appear at ZBA on his own application,provided there is no violation of C.G.S. Secs. 8-1.1 and 8-21. C.G.S. Sec.8-11 provides restrictions for zoning members or alternates on appearing on applications before the commission. It is my opinion that the ZBA member is this instance may appear before ZBA on his own application. In.Gagnon v. Town of Stafford, C V010076654,2002 Conn. Super.LEXIS 2670, at*1. (Super. Ct. Aug:2, 2002),the court held that"Conn. Gen. Stat. § 8-11 aims its prohibition at zoning board members or alternates who act on behalf of, or, as a spokesperson for., third parties. "Appear for or represent any person,"a phrase which connotes agency or acting as a spokesperson for others,is the statutory language used to express the prohibited act.It is that advocacy for others that § 8-11 prohibits. Section 8-11 does not prohibit a member or alternate of. -� a zoning commission from speaking individually before a planning commission about the effect of an application on his own property. This interpretation of the statute is consistent with the state and federal due process requirements that prevent persons from being deprived of their property and the opportunity to be heard about proposals affecting their property without due process of law regardless of whether they serve on a zoning commission. The words of the statute do not refer to a prohibition against appearing for or against an application,but merely prohibit appearing for or representing any person, firm,corporation in any matter pending. The Michele Lipe January 7,2016 Page Two focus of the prohibition is representation of others."Id. "When the legislature used the phrase "appear for or.represent," in Conn. Gen. Stat. § 8-11, it was to prevent the member from acting for or on behalf of others,and not from speaking,for himself on an application affecting his own property."Id. If the legislature "intended to prevent any zoning board member individually from either making an application or speaking against an application,the legislature could have accomplished that end without using the phrase'appear for or represent any person.' "Massimo V. Planning Commission,41 Conn.Sup. 196, 199-200, 564 A.2d 1075 (1989). The court here agrees with the reasoning of the court in Massimo.It could not have been the intent of the legislature that the practical result of§ 8-11 would be that,by their election to a local zoning board of appeals, members give up their right to advocate on their own behalf regarding issues that may affect their private property rights."Id..citing to Massimo. "In Peterson v. Redding Planning Commission, Superior Court,judicial district of Danbury at Danbury, Docket No. 90-0302916(December 2, 1992),the court held that it was not improper for a member of the Planning Commission to disqualify himself and then appear and speak at the public hearing on his own behalf. In Phillips v. Town of Salem Planning&Zoning Commission, Superior Court,judicial district of New London at Norwich, Docket No. 113120 (May 12, 1998),the court also held that General Statutes § 8-11 "does not prohibit a member who is not participating in a matter from presenting their own view on the subject." Similarly, in Leshine v. Planning&Zoning Commission, Superior Court,judicial district of New Haven at New Haven.Docket No. 98-0413985 (May 17,2000),the court, citing R. Fuller, 9A Connecticut Practice Series:Land Use Law and Practice(1999) § 47.3 p.441, stated that General Statutes § 8-H "does not expressly prevent agency members from representing themselves in applications before the agency.While this might be:claimed to be an oversight, another argument is that agency members should not have less property rights than other property owners in the municipality,and should not have to resign from the agency in order to present an application involving their own land."Id. Therefore,my opinion is that the ZBA member may appear on,his own application before the ZBA. The second issue that I was asked to address concerns whether there is a conflict of interest with a ZBA member or alternate hearing an application from a fellow member of the -y same political town committee. Michele Lipe January 7, 2016 Page Three Code of Ethics 14-102 definitions: Financial interest:A financial interest is any interest in the outcome of the exercise of a person's official capacity from which that person expects to or does derive economic gain in excess of the economic gain which is expected to be or is derived by the members of the public generally. Such person shall further be deemed to have afinancial interest if any close relative or business associate of such person (as defined in this section)or if any company in which such person holds greater than a 5%interest, is the beneficiary of economic gain in excess of that derived by the public generally as encompassed in the previous sentence. Close relative or business associate: When a relationship between an individual,in his or her official capacity,and a particular relative or business associate of that individual is such that it would tend to influence improperly that individual's judgment,in his or her official capacity,on a particular issue or item, then that individual shall be deemed to have a"close relative or business associate"relationship in that situation. Conflict of Interest:A conflict of interest shall be deemed to exist when an official or employee of the Town takes or participates in any action in such individual's official capacity which involves either a situation wherein such individual has a financial interest or the situation involves a close relative or business associates, all as defined in this code. Code or Ethics at 14-105 provides: No officer, official or employee of the Town shall intentionally or with reckless disregard for the particular situation in question engage in their official Town capacity in any manner which would create or result in a conflict of interest.The existence of a conflict of interest shall be determined on a case by case basis. The person or persons making such determination shall be bound to apply the general standards of reasonableness (as such standards are customarily applied by the Courts of the State of Connecticut)to the relevant facts in each particular case as they relate to the criteria set forth in this Code of Ethics hereinafter. The Code of Ethics does not provide a clear definition of business associate. A business associate generally means a person joined with another through employment or business -� relations to achieve a common financial or business-related objective. In my opinion, co-membership on a political town committee does not meet the definition of business associate. Michele Lipe January 7,2016 Page Four C.G.S. Secs. 8-11 and 8-21 provides that no member of the ZBA may participate.in a hearing or decision of the commission in any matter in which he is directly or indirectly interested in a personal or finance sense. The test is not whether personal interest does conflict but whether it might conflict. Whether a particular zoning commission member should disqualify himself is a factual question depending upon the circumstances of each case. Therefore, given the information provided above, as well as the specific language of the Code of Ethics and State Statues, each member of the commission should give due consideration to whether they have a direct or indirect interest in a personal or financial sense in the application at issue. Sincerely, Keith Yagaloff Esq. KY jb o �L i ,(OWN SFq C x Y ?d&uaot co C • _ w`' 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 SOR-CO TELEPHONE (860) 644-2511 i CERTIFIED#7014 2120 0003 3214 2552 January 8, 2016 Mr. Paul Oates !� 70 Pleasant Valley Road South Windsor, CT 06074 RE: Appl. 2787-16, 70 Pleasant Valley Road i Dear Mr. Oates: i At the meeting of the South Windsor Zoning Board of Appeals held on January 7, 2016, the Board denied your request for a 40 foot variance to Table 3.1.2A of the zoning regulations to allow a 20' x 30' accessory building to be located 10 feet from the rear property line (50 feet required), on property located at 70 Pleasant Valley Road, A-40 Residential Zone. The Board concluded there was no hardship. Very truly yours, I James Kupchunos, Chairperson Zoning Board of Appeals Postal JK/dt 'tj CERTIFIED MAIL@ RECEIPT .1711 D. only i In us cc: Building Department ra _ ni Postage $ m M Certified Fee C3 Return Receipt Fee Postmark C3 (Endorsement Requlred) Here C3 Restricted Delivery Fee C3 (Endorsement Required) ru � Total Postage&Fees $ LP rU [-' ent To ( ', reet 8 Apt%V--LA I PO Box No. °� ,--ry,State,ZlP+4 " J O O -- , . See Reverse for Instructions