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
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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
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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
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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
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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
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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
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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
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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
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PS Form 3811,July 2013 Domestic Return Receipt
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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
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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
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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 !
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4. Restricted Delivery?(Extra Fee) ❑Yes
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2, Article Number(Transfer from se 7 14 0150 0001 1394 7 2 2 9
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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
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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
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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
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TOWN CLERK