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HomeMy WebLinkAbout348 Strong Road Variance RECEIVED MAR 13 2017 OFFICE TOWN OF SOUTH VqN ZONING BOARD OF APPEALS APPLICATION ' VARIANCE Application #dg -1 APPEAL OF ZONING ENFORCEMENT/DECISION Date Rec'd C t M Applicant: MICHAEL A. FORAN - MALINDA RIVERA Address: 348 STRONG ROAD, SOUTH WINDSOR, CT 06074 Telephone #: (860) 371-5259 Property Owner: DANIEL AND CLAIRE NIZIANKIEWICZ Address: 3 ALPINE DRIVE, SOUTH WINDSOR, CT 06074 Telephone #: (860) 644-8616 (860) 291-9191 Location of Subject Property in Question: 348 STRONG ROAD, SOUTH WINDSOR, CT 06074 Zone: 1. Are there wetlands on the property? YES NO 2. Is any part of the premises within 500' of town line? YES NO 3. Is this property within the CT Water Aquifer area? YES NO (If yes, the applicant must file an application with the CT Water Company and submit copy with their application.) Requesting a Variance to Zoning Regulation Section(s): 2.14.E Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision: (Attach additional sheets if needed) ADD AN ADDITION ON NORTH SIDE OF HOUSE 22 BY 22 For Variance request only: f 1. Strict application of the regulations would produce UNDUE HARDSHIP because ` GROWING FAMILY NEEDS 2. The hardship created is UNIQUE and not shared by all properties alike in the neighborhood because THERE ARE NO ALIKE PROPERTIES NEARBY 3. The variance would not adversely impact neighboring property; i.e. public health, safety, convenience, welfare and property value, because ADDITION IS IN REAR OF PROPERTY AND NOT SEEN BY PASSERBYS Applicant's Name (please print): MICHAEL A. FORAN " R Applicant's Signature: �w� i�-� ``� Date: 2/8/17 Property Owner's Name (please print): DANIEL S. NIZIANKIEWICZ Property Owner's Signature: t__ Date: 2/8/17 Modified 1/21/16 ' WLVr�n ` 23bbGEG028 After recording, return to: Daniel S. Niziankiewicz IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Claire M. Niziankiewicz IIIIIII Doc ID: 0022476400330 Type: LAN 3 Alpine Drive Book 2366 Page 26 South Windsor, CT 06074 File# 5457 05 457 WARRANTY DEED (Survivorship) To all People to whom these Presents shall come, Greeting: KNOW YE THAT, I, DARREN R. LEVACK of the Town of Sa n Diego, Co unty ount of g Y San Diego and State of California (Hereinafter referred to as "Grantor"), acting herein by KEVIN F. RENNIE, my attorney-in-fact pursuant to a Power of Attorney dated August 8, 2013, which power has been recorded on the South Windsor Land Records immediately preceding the recording of this deed For the consideration of TWO HUNDRED TEN THOUSAND ($210,000.00) DOLLARS, received to my full satisfaction of DANIEL S. NIZIANKIEWICZ and CLAIRE M. NIZIANKIEWICZ, both of the Town of South Windsor, County of Hartford and State of Connecticut (hereinafter referred to as "Grantees") as joint tenants with rights of survivorship, do give, grant, bargain, sell and confirm unto the said Grantees that certain piece or parcel of land together with any improvements situated thereon as more particularly described in Schedule "A" attached hereto and made a part hereof. Said premises are subject to an easement in favor of The Connecticut Light and Power Company dated February 25, 1936 and recorded March 10, 1936 in Volume 32 at Page 628 of the South Windsor Land Records. Said premises are further subject to Well Rights as set forth in a deed dated .�� April 24, 1958 and recorded April 30, 1958 in Volume 64 at Page 404 of the .� m South Windsor Land Records. 0 M 0 z 0 z Said premises are conveyed to the Grantees subject to building, building line ro- m and zoning restrictions of the Town of South Windsor and to taxes due the M G D Town of South Windsor on the Grand List of October 1, 2012, and thereafter, p N n which taxes the Grantees herein assume and agree to pay as part -n r O m consideration for this deed. D c X And being the same premises conveyed to the Grantor herein by Warranty g n Deed of Robert G. Burnham dated August 19, 2005 and recorded in Volume v m 1745 at Page 142 of the South Windsor Land Records. o m To Have and to Hold the above granted and bargained premises with a the appurtenances thereof, unto the said grantees and the survivor of them, and the heirs and assigns of the survivor of them forever, and to their own J { L23bbFrECi02q proper use and behoof. And also, I, the said grantor do for myself, my heirs, executors, administrators, and assigns covenant with the said grantees, their survivor and such survivor's heirs and assigns, that at and until the ensealing of these presents, we are well seised of the premises, as a good indefeasible estate in FEE SIMPLE; and have a good right to bargain and sell the same in manner and form as is above written; and that the same is free from all encumbrances whatsoever, except as is above written. And Furthermore, 1, the said grantor do by these presents bind myself and my heirs and assigns forever to WARRANT AND DEFEND the above granted and bargained premises to the said grantees and to the survivor of them and to such survivor's heirs and assigns, against all claims and demands whatsoever, except as is above written. IN WITNESS WHEREOF, I KEVIN F. RENNIE, attorney-in-fact for DARREN R. LEVACK, have hereunto set my hand on the 23rd day of August, 2013. Signed and Delivered in the presence of WITN SSES: G TO rren R. Le ck By: Kevin F. Rennie, his Attorney-in-fact STATE OF CONNECTICUT) COUNTY OF HARTFORD ) ss: East Hartford August 23, 2013 ) Personally Appeared KEVIN F. RENNIE, attorney-in-fact for DARREN R. LEVACK, signer of the foregoing instrument, and acknowledged the same to be his free act and deed, before me. Grantees'Address; 3 Alpine Drive Commissioner of the Superior Court South Windsor, CT 06074 U23bbPAG 030 SCHEDULE "A" That certain piece or parcel of land with all improvements located thereon in the Town of South Windsor on the Northerly side of Strong Road, so-called; formerly known as Bancroft Road, being more particularly bounded and described as follows: Beginning at a point in the Northerly side of said Strong Road, which point marks the Southeast corner of land owned now or formerly by Crisel, the line runs thence Northerly , along the Easterly boundary line of said land owned now or formerly of Crisel; a distance of one hundred fifty (150) feet, more or less, to a point set in the South boundary line of land owned now or formerly of K-F Brick Company, Inc., thence turning and running in an easterly direction along the Southerly boundary line of said K-F Brick Company, Inc., a distance of one hundred seventy-seven (177) feet,more or less; to a point which marks the Northwest corner of land now or formerly owned by Domian; thence moving South along the West bounding of the foresaid premises one hundred fifty (150) feet, more or less; to a point set in the North boundary of said Strong Road; thence moving Westerly along the North boundary of said Strong Road; thence moving Westerly along the North boundary of said Strong Road, a distance of one hundred seventy-seven (177) feet to the point and place of beginning. AT p T tt II TOWN CLr;' February 7, 2017 TO WHOM IT MAY CONCERN: Michael Foran, our grandson, has permission to represent us in any matters concerning a variance or any other matter at premises known as 348 Strong Road, South Windsor, Connect' ut Daniel S. ziankiewicz Claire Nizian ewicz �oa4e au�U.. oaaiaP N as pynaee�1ti`s ao°9�a aP,a�a0\sa aUoa�¢aN,o p,aas' ` ao ,e ., PQ Nas 0v) eP`s � d eodat 0R0 � S\,a.e.naWy+>„a�Ppuaa..a4 N\a?<a0`ad% o \daaN ao ,ddS"` neoL' 0�evk 100\osey � daQaS\ a5 �•aB•.Ny�A•e.o \Q�N0 0,u oa ��aoa Opo Nnoo OG\roPo0� e " v o o Neo d ap\ Vo eo GA 'yd"d'•`• , `j \ yea, \elk P �eWss p1 \ February 20, 2017 Andre L. Charbonneau 701 Nutmeg Road South Windsor, CT 06074 CERTIFIED MAIL Dear Property Owner: Re:Variance, 348 Strong Road, Daniel &Claire Niziankiewicz 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 348 Strong Road and is subject to a hearing by the Zoning Board of Appeals.The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. Sincerely Michael A. Foran, Applicant 348 Strong Road South Windsor, CT 06074 860-371-5259 On Behalf of: Daniel and Claire Niziankiewicz, Owners 3 Alpine Drive South Windsor, CT 06074 860-644-8616 SENDER: COMPLETE THIS SEC71ON COMPLETE THIS SECTION ON DELIVERY s Complete items 1,2,and 3.Also complete A.Sig ture Item 4 if Restricted Delivery is desired. X `� 0 Agent ■ Print your name and address on the reverse f p�Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the maiipiece, c or on th` front if space permits. D._ s delivery address different from item 1?L Q Yes 1. Article A ressed to: if YES,enter delivery address below: ❑No r/� -� 3. Service Type ��V ��rf�t��� �, O Certified Mails ❑Priority Mail Express' ❑Registered ❑Return Receipt for Merchandise 0 Insured Mail ❑Collect on Delivery v�1J 4. Restricted Delivery?(Extra Fee) p Yes 2. Article Number(Transfer from service 7 014 0150 0001 1394 6901 PS Form 3811,July 2013 Domestic Return Receipt • ti3 �inrn',p �RI m�' ab•m2� °� ° tea• r m_ 9' o m fD m O Tj U c� a Cra fir✓` o(D 3(D m SI) �O m F Vi 1 m' XlCD QfD`< ).< N N - ° o��Na moo 2 O� 'O. 0 O a�y �. A'1 ar` ° (D�m ,° February 10 2017 CD Q rY v �D `D-t i mm v° =Dooms o Thomas C. Christiano a D 360 Strong Road South Windsor, CT 06074 CERTIFIED MAIL Dear Property Owner: Re: Variance, 348 Strong Road, Daniel&Claire Niziankiewicz 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 348 Strong Road and is subject to a hearing by the Zoning Board of Appeals.The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 644-2511, ext.329. Sincerely, Michael A. Foran,Applicant 348 Strong Road South Windsor, CT 06074 860-371-5259 On Behalf of: Daniel and Claire Niziankiewicz, Owners 3 Alpine Drive South Windsor, CT 06074 860-644-8616 SENDER: SECTION ■ Complete items 1,2,and 3.Also complete A. S' n item 4 if Restricted Delivery Is desired. ❑Agent 1 ■ Print your name and address on the reverse0 Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B. Received by(P�(n�ed Name) C. oate ery or on the front if space permits. �fri rrSi/ � 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: Q No { 3.�Se lce Type 1�c �ti i lC7�ertifled Mahe ❑Priority Mail Express'" j ❑Registered Atetum Receipt for Merchandise Q0 c O 13 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Numbs (Aansferfrom 7014 0150 0001 1394 7250 i PS Form 3811,July 2013 Domestic Return Receipt 5��,�'0'% 00 0 o%'-a S'Q Q°•0�o 01P%'Sa�a9a `yam��i Jy. `Q 06 �a od • '_ aOo Qa� o��a�° �y°a`a `ytia�a J�Ok J\�a���r4;o 0i ox �0 00 `Aa a�'ayg°� �y Q5�d 0\Qe\• O.y�2Q February 20, 2017 L&D South Windsor Realty LLC 583 South Street New Britain, CT 06051 CERTIFIED MAIL Dear Property Owner: Re: Variance, 348 Strong Road, Daniel& Claire Niziankiewicz 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 348 Strong Road and is subject to a hearing by the Zoning Board of Appeals.The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. Sincer ly, Michael A. Foran, Applicant 348 Strong Road South Windsor CT 06074 860-371-5259 ; On Behalf of: Daniel and Claire Niziankiewicz, Owners 3 Alpine Drive South Windsor, CT06074 860-644-8616 SENDER: coMPLETE THIS SEC710N COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A S ture item 4 if Restricted Delivery Is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Race! b ■ Attach this card to the back of the mailpiece, Y(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 4? ❑Yes N\j if YES,enter delivery address below: ❑No 0 tg4nc"-�- L 3. Se a Type �-� Certified Mail® ❑>orfty Mail Express" ❑Registered jd'Retum Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number -- - - (rransfer from sen 7014 0150 0001 1394 7236 PS Form 3811,July 2013 Domestic Return Receipt a t;Q� mm c T,'I a z< a I 43 �� m a- o � AmoA if MCI v° Q)o tiav2�n orn m v o(o � ''a c 3 a 3 m a. n mon,a3 y o �` o N 4 Q"c �Q OOT Qa0 (D M) i �ov3 O � m f v 3 % m ,D�b m„—y ,.g a February 20,2017 �3m .,-o �y ni �• Qm �o y o James H. & Gail J.Jackson ° 334 Strong Road South Windsor, CT 06074 CERTIFIED MAIL Dear Property Owner: Re:Variance, 348 Strong Road, Daniel & Claire Niziankiewicz 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 348 Strong Road and is subject to a hearing by the Zoning Board of Appeals.The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. Sincerely, Michael A. Foran, Applicant 348 Strong Road South Windsor, CT 06074 860-371-5259 On Behalf of: Daniel and Claire Niziankiewicz, Owners 3 Alpine Drive South Windsor, CT 06074 860-644-8616 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signa e Rem 4 if Restricted Delivery is desired. g.Adent ■ Print your name and address on the reverse X Addressee so that we can return the card to you. B. eive/d by me Name) C. too ellvery ■ Attach this card to the back of the mailpiece, bail d Z or on the front if space permits. D. Is delivery address different from Rem 1? ❑ s 1. Article Addressed to: ` If YES,enter delivery address below: ❑No ! at Gcz� 33q a. Serv' Type ` � • — / IZArtlfled Mail® ❑PrIqWy Mail Express'" (\ ❑Registered f5lleptum Receipt for Merchandise ❑Insured Mail ❑Collect on Delivery Z 4. Restricted Delivery?(Extra Fee) ❑Yes i 2, Article Number(Transfer from se 7 14 0150 0001 1394 7 2 2 9 r PS Form 3811,July 2013` Domestic Retum Receipt Postal CERTIFIED MAIL,,, RECEIPT Ln (Domestic Lnm,C3 ea , `° February 20, 2017 Er m Postage $ Er 1 :1 fY'1 ,Certified Fee ra C, r9 a O Return Receipt Fee A\ stmark Return F C3 (Endorsement Required) Here C3 (Endorsemen \\\ O Restricted Delivery Fee C3 Restricted C O (Endorsement Required) (Endorsemer L11 r-9 Total Postage&Fees ees j � Total Post CERTIFIED MAIL� rR C3 Sent To Sent To � r Street,Apt No.; " " - ra Street,Apt or PO Box No. � y� E3 or PO Sox-1 - -- --- "--- --- City,State.ZIP+4 "` ----- Z � City State, Ird of Appeals,you are hereby notified that an app ication has been filed on the property abutting yours at 348 Strong Road and is subject to a hearing by the Zoning Board of Appeals.The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 644-2511, ext. 329. Sincerely, Michael A. Foran, Applicant 348 Strong Road South Windsor, CT 06074 860-371-5259 On Behalf of: Daniel and Claire Niziankiewicz, Owners 3 Alpine Drive South Windsor, CT 06074 860-644-8616 10%gN se a F 70 0174C Sou�. ?d s � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 sox•c° TELEPHONE (860) 644-2511 March 17, 2017 Michael Foran 348 Strong Road South Windsor, CT 06074 RE: Application #2798-17 —variance request, 348 Strong 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, April 6, 2017 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. If you have not already done so, the sign should be obtained at the Planning Department at the South Windsor Town Hall and must be posted no later than Sunday, March 26, 2017 for 10 consecutive days. The signs must be placed in a location visible from Strong Road. Very truly yours, Donna Thompson Recording Secretary Town of • • • Planning Department Memo To: Teri Dickey-Gaignat, Chairwoman, Zoning Board of Appeals From: Michele R. Lipe, AICP, Director of Planning Date: 3/30/17 Re: April ZBA Application 1 . App. 2798-17 - Michael A. Foran, representing Daniel & Claire Niziankiewicz - requests variance to Section 2.14E to allow a 22' by 22.8' addition to an existing home resulting in the expansion of the single family residential use which is non-conforming, located at 348 Strong Road, Industrial zone. The site is located on Strong Road, across from Nutmeg Road North. The residences in this area are non-conforming to the permitted uses in the industrial zone. Currently, a residential use is only allowed when it is used in conjunction with a permitted commercial use (See Table 4.11 A Permitted Commercial and Industrial Uses). Expansions to the single family residences in this area require approval from this Board. The applicant is looking to construct a 22' by 22.8' addition to the back of the house as shown on the plans submitted, Our records show that the ZBA has granted two other residential properties in this area in the past. One variance allowed the construction of a free-standing garage, and the other permitted an addition to a residence. Please contact me at (860) 644-2511, ext. 252 if you have any questions. • Page 1 tpW N SFq co a Tom 0-1 � 5 � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 r�OSOR-CO TELEPHONE (860) 644-2511 Certified#70142120000332144440 April 10, 2017 Mr. Michael Foran 348 Strong Road South Windsor, CT 06074 RE: Appl. #2798-17—Michael Foran representing Daniel & Claire Niziankiewicz, 348 Strong Rd Dear Mr. Foran: At the meeting of the South Windsor Zoning Board of Appeals held on April 6, 2017, the Board approved your request for a variance to Section 2.14E to allow a 22' by 22.8' addition to an existing home resulting in the expansion of the single family residential use which is non- conforming, located at 348 Strong Road, Industrial Zone. The Board concluded the hardship to be that this is an existing residential house in an industrial zone and this request is consistent with the character of the neighboring properties. Any new building or alteration/additions to existing buildings,requires a building permit prior to start of construction. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, Q�iyt�) ; ��r►j James Kupchunos, Vice Chairperson Zoning Board of Appeals /dt cc: Planning Department Building Department I, James Kupchunos, Vice Chairperson of the South Windsor Zoning Board of Appeals hereby certifies that on April 6, 2017, the Board approved your request for a variance to Section 2.14E to allow a 22' by 22.8' addition to an existing home resulting in the expansion of the single family residential use which is non-conforming on premises located at: 348 Strong Road, Industrial Zone. and more particularly bounded and described as follows: Beginning at a point in the Northerly side of said Strong Road, which point marks the Southeast.corner of land owned now or formerly by Crisel, the line runs thence Northerly , along the Easterly boundary line of said land owned now or formerly of Crisel; a distance of one hundred fifty (150) feet, more or less, to a point set in the South boundary line of land owned now or formerly of K-F Brick Company, Inc., thence turning and running in an easterly direction along the Southerly boundary line of said K-F Brick Company, Inc., a distance of one hundred seventy-seven (177) feet more or less; to a point which marks the Northwest corner of land now or formerly owned by Domian; thence moving South along the West bounding of the foresaid premises one hundred fifty (150) feet, more or less; to a point set in the North boundary of said Strong Road; thence moving Westerly along the North boundary of said Strong Road; thence moving Westerly along the North-boundary of said Strong Road, a distance of one hundred seventy-seven (177) feet to the point and place of beginning. OWNER OF RECORD: Daniel S. Niziankiewicz and Claire M.Niziankiewicz Dated at South Windsor, Connecticut this 7th day of April 2017. lc�k James Kupchunos, Vice Chairperson PUBLIC ACT#75-317 Received for Record this day of 2016 at VOLUME PAGE TOWN CLERK