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HomeMy WebLinkAboutApp 17-26P Mancini Barn In-Law Apartment TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION � �/� APPLICATION FORM - —-- Application Number: � to/P Official Receipt Date: I(JIV (( Z�� J� `. 017 Munis Application #. 1g�b$©�, SOUTH ONDSOR PLANNING DEPT. APPLICANT: /U�a'It�cw M a✓►c i r► , PROJECT NAME: M ah c i rr i a r v1 r► L—aw COMPLETE LOCATION OF PROPERTY: l /V\ S+r cc_I S o LT U 4 a 7 y OWNER OF RECORD ON LAND RECORDS: 4$lcw. E w,i r c G C o n e a^1 OWNER ADDRESS: So,,4_4 �dsai LT OL v7y GIS PIN # _S 4 cl U l e�9 I ZONE f� NAME, ADDRESS, TELEPHONE &EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: Manc ;n i (1014) /alai., S'rr-Cef Sd�,l �► �,V14s,r LT- 0607 LI ff L d-kC 3-HSQ 0 M M an c i rr i CE M P F L 4 C'1` C o►-, Estimated presentation time:_10 V1 THIS APPLICATION IS FOR: (Check all that apply): ❑ Zone Change to (Public Hearing and Certificate of Mailing Required) ❑ Open Space Subdivision/Resubdivision (Public Hearing and Certificate of Mailing Required) ❑ Subdivision ❑ Minor ❑ Major ❑ Resubdivision (Public Hearing Required) ❑ Minor ❑ Major ❑ Conditional Subdivision ❑ Special Exception to Table (Public Hearing and Certificate of Mailing Required) ❑ Site Plan of Development ❑ New ❑ Modification Building(s) Sq Ft ❑ General Plan of Development ❑ Earth Filling (Sec. 7.6) and/or Earth Removal (Sec. 7.16) (Public Hearing and Certificate of Mailing Required) ❑ Regulation Amendment ❑ Zoning ❑ Subdivision -Attach proposed amendment (Public Hearing Required) ❑ Temporary and Conditional Permit (Public Hearing Required) for ❑ Temporary and Conditional Permit Renewal for J f K Detached In Law Apartment or❑ Accessory Apartment (Public Hearing and Certificate of Mailing Require ❑ Major Home Occupation (Certificate of Mailing Required) for ❑ Other (explain in detail) PLEASE NOTE: An Application Pending Sign is required to be posted on the property for all applications ten (10) days prior to being heard by the Commission. Signature of Applicant Signature of Prorty wner /`_/ a,4fA t-- /N/`O--l'-1 M _ (. A C• Print Name of Applicant Print Name of Property Owner Revised 11/1/2016 MANCINI PROVENZANO FUTTNER ATTORNEYS AT LAW Matthew Mancini Vincent Provenzano Carolyn Futtner mmancini@mpflawct.com vincent@mpflawct.corn cfuttner@mpflawct.com February 13, 2017 Michele R.Lipe,AICP Director of Planning Town of South Windsor Re: Assessory Apartment at 1299 Main Street, South Windsor Ms. Lipe, Thank you for all your assistance up to this point in assisting us as to exploring whether or not we would qualify to turn our existing assessory structure into an assessory apartment. Per your request and following this letter you will find pictures of the existing assessory structure as well as some initial drawings of what we are looking to do,as well as a picture of finished product that we seek to emulate. Ideally we hope to turn the first story of the barn into a garage space, and the second floor of the barn into an assessory apartment all while keeping the outside appearance of the structure to be a barn. One of the many things that drew us to Main Street is not only the historic homes like the one we purchased,but the rural and farm atmosphere. We strongly believe that keeping barns on the landscape of Main Street enhances the neighborhood and is in the best interest of the community. It is our belief that renovating our existing barn will take what is quickly becoming an eye sore and turn it into a feature that will enrich the street and simultaneously add value to both our property and the surrounding properties. For that reason we are hoping Planning and Zoning, the Zoning Board, and the Town of South Windsor would consider granting us permission to move forward with this project. Should you have any questions or need additional information please contact me at any time. Thank you! Matthew Mancini MManciniggmail.com 860.573.9308 Mancini Provenzano&Futtner LLC 225 Oakland Road,Suite 102,South Windsor,CT 06074 (p)860.863.4500(1)888.590.2753 www.mpilawet.com TOWN OF SOUTH WINDSOR PLANNING &ZONING COMMISSION MINUTES -5- FEBRUARY 14,2017 CORRESPONDENCE /REPORTS: Connecticut Federation of Planning and Zoning Agencies annual conference dinner will be held on March 23, 2017. Connecticut Bar Association Land Use training will be held at Wesleyan University in Middletown on March 25, 2017. Registration and reservations should be made through the Planning Department Secretary before March 21Sc Director Lipe relayed a question from a property owner on Main Street whether existing zoning would allow making an accessory apartment and garage from an existing accessory structure on site. Photographs were distributed to commissioners. The footprint would remain the same and the garage use would continue by rebuilding the structure to have a barn like appearance and match the neighborhood. After discussion the Commission reached consensus for an application to go through a public hearing with the intent of using the existing accessory structure. Commissioner Flagg brought up a change to the zoning regulations for the standard width for sidewalks on arterial roads to be changed from 4 feet to 5 feet. The amendment will be addressed with other proposed zoning amendments in the coming months. Commissioner Greer asked about his appointment to the Demolition Delay Committee which will come through the Town Council. ADJOURNMENT: Motion to adjourn the Regular Meeting at 8:33 p.m. was made by Vice Chairman Pacekonis Seconded by Secretary Commissioner Dexter The motion carried and the vote was unanimous. Respectfully Submitted, Lauren L. Zarambo Recording Secretary To the Town of South Windsor, Following this letter you will find an application for a detached in law apartment along with the supporting documentation required for its consideration. As you will see our proposal meets the following conditions: • The entire structure will maintain the appearance of a single family dwelling • The in law apartment meets the minimum living space of 500 square feet and the maximum living space of 800 square feet. (By my calculations we are at 809 sq of living space—minor modifications can be made if necessary) • Off street parking for at least 3 vehicles is provided • Adequate water and sewage disposal will be provided • The owner of the dwelling units will actually occupy BOTH the in-law apartment and the main dwelling • The conversion of the accessory building shall not include any expansion of the footprint of the assessor building • The detached accessory building observes all setbacks required of a principal structure Supporting this application you will find the following required documentation: • A Class D survey (in triplicate) of the property detailing adherence to all town requirements • A floor plan (in triplicate) of the structure that will house the dwelling unit • An additional floor plan (in triplicate) demonstrating how the in-law apartment area will be converted to living space with then in-law apartment is no longer needed • Elevation drawings of the structure (in triplicate) • Copy of letter (in triplicate) sent to property abutters. This letter was sent to all 4 property abutters as follows: 0 1305 Main Street—Kelley Anne Kasheta 0 1291 Main Street—Elizabeth Smith Howard 0 1287 Main Street—David & Karen Kasheta 0 1281 Main Street—Bonnie Walsh Thank you for your consideration of this matter. Please let me know if you have any questions or require any additional documentation. All of my contact info is below. Sincerely, Matthew J. Mancini Matthew Mancini 1299 Main Street South Windsor CT 06074 860 573 9308 MMancini@gmail.com Town of South Windsor r� fwH � Geographic Information System (GIS) �ti3iTH.i,Q� Date Printed:6/9/2017 � r . "-'� ? 2 a 4i Ye " s ely / t � -.fit F�� �• �CY N MAP DISCLAIMER-NOTICE OF LIABILITY Approximate Scale:1 inch=100 feet This map is for assessment purposes only. It is not for legal W E description or conveyances.All information is subject to verification by 100 any user.The Town of South Windsor and its mapping contractors Feet assume no legal responsibility for the information contained herein. S PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 6/29/17 TO: Matt Galligan, Michael Gantick, Walter Summers, Jeff Doolittle Ray Favreau, Chris Dougan, Heather Oatis, Kevin Cooney, Tony Manfre, John Caldwell, Andrea Confrancesco, Chris Duchesne, Vincent Stetson FROM: Michele Lipe, AICP, Director of Planning The Planning &Engineering Departments have received plans for the following projects: Appl 17-26P, Mancini Barn IN-Law Apartment Location: 1299 Main Street ® Site Plan ❑ Subdivision No. Acres 2 Zone A-40 ❑ Industrial ❑ Commercial ® Residential No. Lots/Units 1 Water: ® Public ❑ Private Well Sewerage: ® Public ❑ Septic System Project Description: Create accessory dwelling unit on property Future Town-owned property involved? ❑ Yes ® No ❑ new street(s) ❑ new detention area ❑ new open space/recreation area ❑ active ❑passive Planning Department notes: Please comment by 7/7/17 and return to the Planning Department. PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: 6/29/17 TO: Matt Galligan,Michael Gantick, Walter Summers, Jeff Doolittle Ray Favreau, Chris Dougan, Heather Oatis,Kevin Cooney, Tony Manfre, John Caldwell, Andrea Confrancesco, Chris Duchesne, Vincent Stetson FROM: Michele Lipe,AICP,Director of Planning The Planning &Engineering Departments have received plans for the following projects: Appl 17-26P,Mancini Barn IN-Law Apartment Location: 1299 Main Street ® Site Plan ❑ Subdivision No.Acres 2 Zone A-40 ❑ Industrial ❑ Commercial ®Residential No. Lots/Units 1 Water: ®Public ❑Private Well Sewerage: ® Public ❑ Septic System Project Description: Create accessory dwelling unit on property Future Town-owned property involved? ❑ Yes ®No ❑ new street(s) ❑new detention area ❑new open space/recreation area ❑ active ❑passive Planning Department notes: Please comment by 7/7/17 and return to the Planning Department. , 4 x Page 1 of 1 Lipe, Michele From: Lipe, Michele Sent: Friday, June 30, 2017 3:05 PM To: 'Matthew J. Mancini' Cc: Doolittle, Jeffrey Subject: Application comments Detached In-Law Good afternoon, took a look at your application and the plans you submitted and have a few comments: • Notification of abutting property owners does include properties directly across the street. Please notify the two additional affected properties. • The size, type and quantity of landscaping proposed should be indicated on the plans; • Any new driveway extension is required to be a minimum of three feet from the property line; • The elevation of the sewer at the house and new barn must • First floor elevation of the new structure should be shown; • 100 year floodplain elevation should be shown on the plans. I will forward any other staff comments I receive. The public hearing is scheduled for Tuesday, July 11tn Please let me know if you have any questions. Michele Michele R. Lipe, AICP Director of Planning Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 (860) 644-2511, ext. 252 6/30/2017 Property Abutters Lette r June 13, 2017 Property Abutter Property Address Town, State,Zip Re: Mancini Barn Renovation Hi neighbor! As you are already aware we are very excited at the prospect of renovating the existing barn on our property. The barn and the surrounding parts of our property are nothing less than an eye sore and in need of some serious help. In addition to restoring the barn we are also very excited at adding a temporary in-law apartment to be used as we care for our aging parents. The town of South Windsor allows for such a use when applicants abide by the special regulations set forth in Sections 7.1 of the towns zoning regulations. As part of that process we are required to send certified letters to all property abutters and that is why you are receiving this letter. We will of course pay careful attention to make sure the barn continues to look like a barn to fit into the incredible landscape around us. We hope to take an eyesore and turn it into a special feature of the property. I hope you can tell how much pride we take in caring for our property by the work we have already done and we hope to continue our property enhancement with this project. Feel free to stop by and chat with us—we'd be more than happy to show you our plans! Enjoy the summer! Your neighbors, Matthew and Emily Mancini Matthew& Emily Mancini 1299 Main Street South Windsor CT 06074 860 573 9308 MMancini@gmail.com Floor Plan n - Law Apartment EXILRIOR S'rrAIRS DECK FROM DECK FO,GNIT, 22` x 6' j .�. ... _::_ .. 4 � e e a Iwo 40M 3 KITCHEN 16'X"7' 0j .( LIVING ROOM � s t�1At,1„'s Al 1)ClRM R €I G fst 0I'I: f 9 1.{.G.. CINI. r lYPICAI. +. * j {' ► Y ee ................... BATHROOM 10 X 6-1 0 i JAIL � € Inter€©r Doors-2'-6"x 6'-S" Stair Door 3'-0" x 6' Ii" 1aiteriur Ili Fuld Doors 1',.0"x 6'-fI" Master tart Bi-Fuld PO" x 6' O" OR Bi-Fold 4'-0" x W-86' MANCINI BAIRN MAIN STREET SOUTH WINDSOR CT. FIRST FLOOR PLAN AS ._n 410 VP o ' Sta r5 16R(it, S J3" i* 15 C9 10- Run 12.`�_6" € 1 2x4 Bearing Wall j y 4._ " - cc Lu i Nx {A � 1 6 C .7 Qt R7 8 Im N X €"t 3'x3'T'i'P, �. L'u'irvxlrt4us €1x/Barst Odor% s' 011 _' alp ���► Note: 1.Garage ceiling and Stair Bearing Walls to have N 518"type'X`Sheet rock, Verity with Building Official MANCINI BARN LFR XZ> A 3 2017 MAN STREET SOUTH WINDSOR CT. __T Its................................____.._...._...._.._.._.._.._..._...._.........._......__ GARAGE FLOOR PLAN Ir�l 1'-�� Its Floor Plan Conversion to l iving space EXTERIOR S"t41.t.t-tS DECK FROM DECK TO GND. 27'X 6' F,........L 3 . � �ctt.�'�.fiSfF1 ry t L 1 9X5 WETBAR 1 � � GAME ROOM 64 4 t .................t l t gg9g � BATliti ryry OOM � 01 yy ff 0 C- Y S IORAGI ; Lill. I L 2 Interior Doors-2'-6"x 6'-8" N Stair Door T-0"x€i'-11" laitericor lSrs uld 11c�om lP 01' x_ 6' ki•' Office Study Hi Fold . /V,x o'��ti" OR W.-Fold- 4'-0"x Fr'..£#°' MANCINI BARN LFR ><> 17 MAIN STREET SOUTH WINDSOR CT. }-= H E E T N STUDY- WORKSPACE A3A PLAN tfjt 1"-SY" Elevations j ea,,.,. -:� ..3• gyp' _.. .... ..._r ......... ..._ .___ .. ...... �. i to_ 1 U'i' ._._.__ _...._. ..w ,. Proposed East Elevation Proposed South Elevation ......_.,..,,,.,,.. MANCINI BARN MANCINI BARN ......... LFR , a.s lots LFR ?c:? tststl MAIN STREET SOUTH WINDSOR CT. MAIN STREET SOUTH WINDSOR CT. EAST ELEVATION tta t A4 SOl1TH'El ELEVATION tra.:s orj _ ._. m_ _ _ _ _ _ 1 _ __ _ . P"d 3 i LIE" j v� n >, i� A , ......,.... 8.FTG.42 .........._ .. ............ ..,....,. !..,..!".,..._...._.. .. .....,... Proposed West Elevation Praposed North Elevation MANCINI BARN _ MANCINI BARN 3:G3 yt177 ! t FR )C> 9 Ai-7©1'! LFR >C> ..___...... ._..._...,..,..-- MAIN STREET SOUTH WINDSOR CT. 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Page 1 of 1 Lipe, Michele From: John Howard Onoxhow@gmail.com] Sent: Tuesday, July 11, 2017 2:14 PM To: Lipe, Michele Cc: Elizabeth Howard Subject: Pending Application for 1299 Main Street Michele Lipe,Director of Planning Town of South Windsor, Planning and Zoning Commission Dear Planning and Zoning Commission: I am writing on behalf of property located at 1291 Main Street, South Windsor. I will be out of town on July 11, 2017, and will not be present at the public hearing. Please accept my letter for consideration, and kindly read it into the record. My father, attorney Noxon Howard, and attorney James Throwe, along with property owners Arthur Roe, Elizabeth Craig Smith and myself, along with extensive input from the Town of South Windsor planning officials,created the existing subdivision relevant to the pending Mancini detached in-law apartment proposal in the 1980's. This included the properties now known as 1291 Main Street, 1299 Street, and 1305 Main Street. Having reviewed the pending application, and various attachments filed with the town, I would like to raise the issue of the specific "Declaration of Restrictions and Protective Covenants", located at volume 424,page no. 416,recorded with the town of South Windsor in 1986. Protective Covenant "Three" expressly states that "the residential structure shall be only a single family dwelling". This language was expressly included to protect the property in the back, located at 1291 Main Street, and runs with the parcel located at 1299 Main. The proposed demolition/dismantling of the existing shed, in favor of erecting an additional dwelling on the property, is clearly juxtaposed to the intent recorded on the land records, and of all parties involved in the subdivision planning and execution. The Town of South Windsor clearly has an interest in seeing that this small area of land not be over developed now in 2017, specifically by adding an additional residence to this subdivision. Apart from protective covenants,the intended Special Exception use proposed by the Mancini's,the construction of a detached in-law apartment in such a congested area, is clearly not in keeping with the general character and zoning of the neighborhood. It will likely impact the surrounding area and properties, not to mention its impact on property values and the general privacy of the existing community. In closing,the Commission needs to consider the intent of the original property line redesignation, as evidenced by the restrictions and protective covenants. At the time the subdivision was originally created, the Town clearly did not intend for an additional residence to be placed on the property at any point. Allowing such a use on Main Street will have an impact not only on the immediate properties, but on others who will seek approval to add external dwellings to their properties. Respectfully, John Noxon Howard, Jr. 7/11/2017 Page 1 of 1 Ck Volume 468 Page N° 467 i SCHEDULE A A certain parcel of land located in Town of South Windsor, County of Hartford, State of Connecticut shown as 'Parcel 20 on a survey entitled •Subdivision Plan Property of Arthur A. Roe, Main Street, South Windsor, Connecticut scale: 1 inch - 100 feet, May, 1985, Revised Sept. 1906 and Nov. 19860 prepared by Petersen i Hoffman Land Surveyors, Successors to Spencer i Washburn, Inc., to be filed in the South Windsor Land Records. •� DMNDEDt (asfshown in detail on amid Map) seg'lpniaq at an iron pin in the westerly Ilae of Main Street which4"rk■ the southeasterly corner of land now or for- ��.� merly of rellx and Mary Lapinakass thence running northwesterly along the •sodtherly lines of lands now or formerly of said Lapinakas and of Edward Rasheta, at al, partly along each, in all 594.01 feet to a points thence turning and running south- westerly along the easterly line of *Parcel 30, land now or formerly of Edward Rasheta, 463.80 feet to a points thence turn- ing and running southeasterly along the northerly lines of lands now or formerly of Doris P. surgdorf and of Edward Rasheta, partly along each, in all 223.00 feet to a points thence turning and running northeasterly along the northwest- erly line of •Parcel 10, land to be retained by Arthur A. Roe, 300.00 feet to a points thence turning and running southeast- erly along the northeasterly lines of said •Parcel 1' and of land now or formerly of John N. Howard, Jr. et ux, partly along • each, in all 322.30 feet to a point in the westerly line of Main Streets thence turning and running northerly along said Main Street 156.91 feet to the point of beginning. Containing an area of 3.84 acres in all. The land above described will be conveyed: SUBJECT TO: 1. rights of others in Stoughton Brook, 2. right of passage of cattle along the southerly bank of said Brook, 3. the Channel Encroachment Line along the extreme westerly boundary of said land, 4. the 20-foot right of way located at the south westerly corner of said land, given for access to and from rear land shown as •Parcel 36, S. Building and Zoning regulations of the Towns S. Declaration of Restrictions and Protective Cove- nantss and TOGETHER WITH: 1. an IS-foot right of way along the southerly bound- ary of *Parcel V for surface passage and to allow sub-surface installation of water, sewer and util-ity services, I 2. the Seller's covenant binding himself, his heirs and assigns, which will prohibit future construc- tion or placement of any building on the westerly 50 feet of •Parcel 1', land retained by the Seller. REC M FOR ITEM. e OAT€ • ASSISTANT TOWN CLERK I e a Volume: 468 Page: 466 File Number: 001098 Seq.: 2 ..Page 1 of 4 . . �.V v4�- � h•� ,� •--�-; )'M I � � S ' Volume 424 Page N2 416 02666 ��;� 8,� �$�;ICTIONS �jg PRQTE�TzvE �,4Y .NANTS WHEREAS, ARTHUR A. ROE, (hereinafter referred to a H�'6 "Developer") is the owner of all those certain pieces or parcels of land, situated in the Town of South Windsor, County of Hartford, and State of Connecticut, shown as 1299 Main Street, South Windsor, as described on Exhibit A attached hereto and made a part hereof. WHEREAS, Developer desires that any Buildings to be constructed on the said land described in Exhibit "A" attached hereto and made a part hereof (hereinafter referred to as the "Land" are of Traditional design (i.e.Colonial, Cape, Farm House) and desires to place certain restrictions upon said Land, which restrictions shall run with the land and be binding upon all purchasers of said Land, their heirs, executors, administrators, successors and assigns, and on any mortgages secured by the same. NOW THEREFORE, Developer, for thebenefit of itself, its successors, and assigns, and .in order to create a uniform plan of, development, and for the purposes of carrying out the purpose above explained and in consideration of these premises, does i hereby make known, publish, declare, covenant and agree that said lot shall hereafter be subject to the following covenants and restrictions, which shall be real covenants running with the land and binding upon all purchasers, owners and mortgagees and any purchasers, owners or mortgagees of any portion of-the same, its heirs, executors, administrators, successors and assigns.: FIRSTt These covenants shall be binding.upon all parties and all persons claiming under them as hereinbefore set forth, for a period of thirty (30) years from the date hereof, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument, signed by a majority of the then owners of the Lots, has been recorded agreeing to change said covenants in whole or in part. SECOND: If the-parties bound .by said covenants, or any of them, or their heirs, executors, administrators, successors and assigns; shall violate any of said covenants, it shall be lawful for any other person or persons owning any Lot to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenant, and either to prevent him or them so doing or'to recover damages or other dues for such violation. Invalidation of any of the covenants herein contained by Judgment or court order shall in no wanner effect any of the other <>provisions which shall remain in full force and effect. THIRDS No Lot created on the "Land" shall be used except for residential purposes. The residential structure shall be only a single-family dwelling not to exceed two (2) stories in height with a private garage, attached to, or detached from, said dwelling. Expressly permitted as an accessory use shall be the care and keeping of. farm animals, including horses, subject to local zoning regulations of the Town of South Windsor. uw ore AND cuMUMMP.a FOURTH: The floor area of the residential structure, ioueumeTa+nauti exclusive of one-story open porches butt inclusive of gairage& SOUTH WND"at OaDT� possums» i Volume: 424 Page : 1.6 1=ite Number: 000266 Seq: 1. ti Page 2 of 4 d r i Volume 424 Page N! 417 �` fix:.. shall be not lose than Two Thousand (2000����iquare feet. i i FIFTH: No structure of; a temporary character, trailer, I tent, shack, garage, barn or other out-building shall be used on E any Lot at any time as a residence, either temporarily or permanently. S SIXTH: All trash must be kept in sanitary containers out of view from the street and adjoining lots. i i SEVENTH: Developer or its duly recorded designee, reserves the right to order the modification or replacement of any appurtenances and accessories (including, but not limitedto, raised solar systems, antennas, fences, lights, gates and sign) installed on the Lots and the road abutting same or on the building theron and visible from the road abutting same, which, i in its sole discretion; are not in keeping with the surroundings. EIGHTH: All construction on the Land shall be of traditional design (i.e. Colonial, Cape, Farm house) and no i building, structure, or fence of any kind shall be erected, 3 k placed or altered upon any building Lots unless the plans and �- specifications for same and the location thereof shall have been approved in writing by the Developer, its designated agent or l representative which aprroval .will not be unreasonably witheld. t All plans- are to be submitted. in.writing for action by the Developer and the Developer will act upon said plans within 30 days or plans will be deemed approved. NINETH: The exterior color of the dwelling, out-buildings and appurtenances placed on the Lots shall be colonial tones 44t which are in keeping with the surrounding. TENTH: All accessory vehicles, including trailers and boats i must be kept or stored on said premises, so as not to be visible from the adjoining Lots or from the roadways. ELEVENTH: ' The owner of any building lot created out of the "Land" shall be responsible for the year-round maintenance of the grass, trees, shrubs and other plantings, drives and structures to a standard of maintenance substantially equivalent to that of any adjoining Lots, but this covenant shall not be construed to require the owners of the Lots to match any special plantings or Landscaping on any adjoining or opposite Lot: the objective of. Developer herein being to keep said premises clean, neat and reasonably cleared of dead and diseased trees and branches, weeds and undergrowth. a TWELFTH: Only casual repair of registered motor vehicles shall be permitted on the Lots. No unregistered motor vehicles may be parked uncovered on the Lots. LAW OMEa KUEHN,CAVANAUON AND CUMMINGS.P.C. THIRTEENTH: No pools, fences or permanent out-building may iMELuNOMNaoiD be erected, placed or stored on any portion of the rights of.way BoVrH"M)$MC'T reserved in favor of Developer. . OW4 2 Volume: .424 Page . 416 File Number: 000266 �eq: 2 Page 3_qf 4 e N. 418 g Volume 4Z4 Pa o ; FOURTEENTH: Any portion of the "Land" situated below the �(VP, Flood Plain line shall be utilized for agricultural purposes y �• only, and no buildings, structures or any other form of a� construction or use shall be permitted in any event within the limits of the defined Flood Plain limits as on file in the office of the Engineering Department of the Towns. of South Windsor. FIFTEENTH: So long as said "Land" is encumbered by a vl}� mortgage to the J. E. Shepard Company, no approval a.required by the Developer shall be effective unless and until said approvals are also granted in writing by an officer of the said J.19. Shepard Company. `. Dated at South Windsor, Connecticut,. thia`17th day of January, 1986. Afthur A. Roe Signed, Sealed and Delivered I in the presence of: m STATE OF CONNECTICUT) as. South Windsor . COUNTY OF HARTFORD ). January 17 , 1986 Personally appeared,, ARTHUR A. ROE, as aforesaid signer of the foregoing instrument, and acknowledges the same to be his free act and deed, 'before me. Ja as H. Throwe issioner of the Superior Court LAW OFFM KlJOK CAVANAUGM AND CUMMOM ,P.O. on,OF seea�uworaa nOAo � . SOUTH WINO Sews taasa�» 3. Volume: 424 ;Page: 4,16 Fl,e Number: 000266 Seq: 3 -Page 4 of 4 Volume 424 Page N! 419 { EXMZT A - A certain piece or pare.',6f land situated in the Toi'W South Windsor, ' County of Hartford and State of Connecticut, known as= j Parcel "A" -West Side of Main Street Containing 30.8 aeresi more or lea cu s and more partilarly bounded and described as follows, to witi Beginning at a point in the westerly line of Main Street which point marks the northeasterly corner of land now or formerly of Robert Saxton. at all thence running westerly along land of Robert Saxton. at al, Edward W. Kasheta. Sr., Doris Burdorf and Edward Bancroft, Jr. a distance of three thousand one " hundred fifty (3.150) feet more or lees to the Connecticut River; thence continuing northerly along the Connecticut River a distance of four hundred (400) feet to a point; thence turning and running easterly along land of Edward W. Kasheta, Sr. andd Felix and Mary Lapinekas a distance-of three thousand one hundred fifty (3..150) 'Peet more or lase to a point in the - v1`q westerly line of Main Street; thence turning and running southerly along 1 said Main Street to Stoughton Brook; thence turning and running along j.' Stoughton Brook along land of Henry B. Richmond, a distance of seventy-eight (78) feet more or less; thence turning and running southerly along land of ii said Richmond a distance of one hundred fourteen(114) feet more or less; thence turning and running easterly along land of said Richmond a distance of. eighty-four (84) feet more or less to a point in the westerly line of said Main Street; thence turning and running southerly along Main Street to the S point or place of beginning. 1And being the same premises conveyed to Arthur A. Roe by Warrantee Deed of t Edward W. Rasheta, Sr., dated May 4, 1976 and recorded in Volume 208 at Page 4 of the South Windsor Land Records. i JO1,'71986 Rsosi for R000rd.._._._ 1 LAwaatices .CAVANAUGH . ELUNOTOM RDAs - -0O T4 - - - Volume: 424 Page; 416 .:File Number: 00.0266 Seq: 4 � Page } of2 Lipe, Michele From: Robbie l[ Genich km uger.uon] Sent: Thursday, July OG. 2O1711:53AM To: Upe, Michele Cc: yWorhoR. Borea Subject: RE: Response tn question on restrictive covenants Importance: High Michelle, We reviewed the application for a detached in-law apartment and related restrictive covenant for the property located at 1299 Main St.to determine PZC's role on ruling on this matter. Once the application meets the requirements of the planning and zoning regulations sections 7.1and 8.4,the Commission can rule on it without having to consider the covenant. If the abutters raise the covenant as a bar to the application,you can inform them that the covenant is a separate matter which they can legally pursue on their own. See the Second provision in the Covenant. Thanks, Robbie Rwbbim1F, Gmrrimk K�/-/�|U0 [\/ |«|\��J| V |� L- l Senior Associate Uu=+===VI/C LLUJL O & 2O Church 0�oet" Suite ==- LOL \, 'C. Hartford, Connecticut Odl03 A COMMITMENT TD EXCELLENCE | | wwv/.nikc|ao'.ux.com Deuopbou 8604043000 Fax 860-244-0390 Florham Park,NJ | New York | Philadelphia | Syracuse | Hartford | St. I.orim | I.ou Angeles | Fort Lauderdale | Buffalo | Wilmington, DE | New Brunswick,ND | Sparta,NJ ������ ������ ������ ``^`^^^^^^^``^^`^`^`^``^^`^^^^^^`^^^^^`^^^^`` The information contained in this email message is intended only for the personal and confidential use ofthe recipient(s) named above. This message be an attorney-client communication and such is privileged and confidential. If the reader of this message is not the intended recipient ozou agent responsible for delivering it \nthe intended oocinirn� you are hereby, notified that YOU have received this docwunmiu error and that any review. dissemination, distribution,or copying of this message is strictly prohibited. If you have received this corrimunication in error,please notify. us immediately by Email.and delete the original message. `^^^`^`^^`^^``^^^^``^`^^^^`^^`^^`^^^^`^`^^^^^ From: Lipe, Michele [maiUo:Michele.Lipe@oouthwindsor.org] Sent: Thursday, July U6, 2D179:56AM To: Robb|aT. Gerrick 7/6/20l7 Page 2 of 2 Subject: question on restrictive covenants Hi, Attached is some information related to the pending application. I included the application form, the applicant's narrative, a copy of the regulation he is applying under, a copy of the restrictive covenant and his deed (which references the covenants). My specific question is what role the PZC has in this situation —knowing that neighbors are going to raise this as a concern at the public hearing on Tuesday, July 11tn Thank for your assistance. Michele Michele R. I,ipe, AICP Director of Planning Town of South Windsor 1540 Sullivan Ave. South Windsor, CT 06074 (860) 644-2511, ext. 252 7/6/2017 Mancini In-Law Apartment PH 7/11/17 1. Request for a permit for a Detached in-law apartment on the second floor of an outbuilding on property located at 1299 Main Street, A-40 zone. 2. Section 7.14 outlines the criteria and process for detached in-law apartments The PZC regulations provide specific criteria be met for the detached in law apartment; and provide for a 5-year permit period, renewable at the end of the permit period. These criteria include: ♦ Detached in-law apartment cannot be larger than 800 sq ft; ♦ the conversion of the accessory building shall not include any expansion of the accessory building; ♦ the detached accessory building observes all setbacks required of a principal structure ♦ the property must maintain the appearance of a single family dwelling; ♦ off street parking for three vehicles must be accommodated; ♦ adequate water and sewage disposal must be provided; and ♦ the owner of the dwelling units must occupy either the in-law apartment or the main dwelling unit 3. The Commission may recall that I presented information about this request in February to determine if the applicant could propose the reconstruction of the barn, due to the poor condition of the existing barn. It was the consensus of the Commission to allow the application to move forward to public hearing. 4. This in-law apartment is proposed to be 809 square feet; however the applicant intends to reduce it to 800 sf comply with the regulations. 5. There is a landscaping proposed along the easterly property boundary abutting their neighbor. We have requested more specific information about the proposed plantings. 6. If this application is approved, the Commission may grant approval for up to five years. Staff would recommend two standard approval conditions: • When addition is no longer used as an apartment, the kitchen is to be removed and the living area must be converted into other single family living space • This is a family situation and this approval does not make the property income producing. If the family situation should change, the home will have to be restored to a one-family condition per the plan submitted. Modifications to the plans needed include: 1. The size, type and quantity of landscaping proposed shall be included on the plans. Landscaping bond? 2. Elevation of first floor; elevation of sewer at house and barn; and elevation of the 100 year floodplain. Olt � V3 1 SOW N sf4 �.F F a m � 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f�OSoR-CO TELEPHONE (860) 644-2511 CERTIFIED MAIL# 7014 2120 0003 3214 3566 July 13,2017 Matthew Mancini 1299 Main Street South Windsor, CT 06074 Dear Mr. Mancini: Re: Appl.17-26, Mancini Barn In-Law Apartment, 1299 Main Street Please be advised that the Planning and Zoning Commission at its July 11, 2017 meeting approved the above-referenced request for a Detached In-Law Apartment in accordance with Section 7.1.4, on property located at 1299 Main Street,A-40 zone. This approval is subject to the following terms and modifications: 1. This approval is for an in-law apartment for a family member/relative only. When the in-law apartment is no longer occupied by a relative of the family,the apartment cannot be treated as a second dwelling unit. Instead,the kitchen must be removed and the living area must be converted into other living space for the main dwelling as presented with the application. 2. This permit will expire in five years, on July 11, 2021, and will have to be renewed at that time if the use is to be continued. Owner(s) of the property must reside in the apartment or the main dwelling unit. Reaffirmation of occupancy by owner will be required every four years. This will be done via a letter from the Planning Department requesting the reaffirmation of occupancy. 3. Any new building or alterations/additions to existing buildings require a building permit prior to start of construction. 4. The building footprint must not exceed 10%of the lot area,in accordance with Section 10.2 of the zoning regulations. 5. WPCA approval is required. 6. The size,type and quantity of landscaping proposed shall be included on the plans. A landscaping bond in the amount of$3,000 is required. 7. The plans shall include the following information: elevation of first floor; elevation of sewer at house and barn; and elevation of the 100 year floodplain. 8. Construction staging area shall not be located between the barn structure to be removed and 1305 Main Street. Three copies of revised final plans, including architectural elevations and landscaping details, must be submitted with the letters of approval of this Commission and the Water Pollution Control Authority reproduced thereon. Sincerely, Gary Bazzano, Chairman Planning and Zoning Commission Enclosures GB/llz Cc: Zoning Enforcement Officer Chief Building Official Assessor BOND TRANSMITTAL DATE: October 19, 2017 APPLICANT NAME Matthew Mancini ADDRESS 1299 Main Street South Windsor, CT 06074 PROJECT LOCATION/ADDRESS LOT 1299 Main Street / Barn Inlaw Apartment SUBDIVISION P&Z OR IWA/CC APPLICATION NUMBER 17-26P AMOUNT & TYPE OF BOND $ 3,000 Landscaping Bond CHECK NUMBER 83734 DEPARTMENT PLANNING SUBMITTED BY Lauren Zarambo 10/19/17 NAME DATE PROCESSED BY FINANCE /o I Q 1 7 NAME DATE SUB ACCOUNT NUMBER / 0 18 MUNIS APPLICATION 201700802 WAPlanning Admin\PZC\Bonds\2017 Bonds\17-26P Mancini BarnInlawApt Bond Trans.doc PAYMENT SUMMARY RECEIPT TOWN OF SOUTH WINDSOR 1540 SULLIVAN AVENUE SOUTH WINDSOR CT 06074 DATE: 10/19/17 CUSTOMER#: 000704708 TIME: 15:27 MANCINI MATTHEW J & EMI CLERK: laurenlz RECPT#: 20898838 PREV BAL: TP/YR: MS/2018 AMT PAID: 3000.00 BILL: ADJSTMNT: EFF DT: 10/19/17 BAL DUE: PERMITS/INSP PAYMENT -----------------TOTALS----------------- PRINCIPAL PAID: 3000.00 INTEREST PAID: .00 ADJUSTMENTS: .00 DISC TAKEN: .00 AMT TENDERED: 3000.00 AMT APPLIED: 3000.00 CHANGE: .00 PAID BY: MANCINI MATTHEW J & PAYMENT METH: CHECK PAYMENT REF: 83734 �pylN Sf9 CID 6Jd&U&0t G ' 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 l�OSOR-CO TELEPHONE (860) 644-2511 November 20, 2017 Matthew Mancini 1299 Main Street South Windsor, CT 06074 Re: WPCA Conditional Approval 1299 Main Street, South Windsor, CT—Detached in-law apartment Dear Mr. Mancini: The South Windsor Water Pollution Control Authority, at its regular meeting of November 8, 2017, gave conceptual approval to the application for connection to the Town's sewerage system for the proposed in-law apartment at 1299 Main Street, South Windsor, CT as more specifically shown on plans entitled "1299 Main Street, South Windsor, Connecticut", Drawing title "Compilation Map & Site Plan", Drawing No. SP-101, Dated 3/27/2017; and subject to the following conditions: 1. The applicants shall determine whether they are going to use a pumping station or gravity system; 2. An external electrical outlet shall be installed sufficient for use of an emergency generator in the event of a power outage; 3. The applicants shall present the catalog cut sheet for any proposed pump station; 4. This unit may be subject to a separate sewer user charge; and 5. The applicant shall present final plans to the Authority for final review and approval before any sewer permits can be issued for this work. Sincerely yours, 1 �•�„A• Ric and Aries, Chairman Water Pollution Control Authority RA:ead cc: Michael J. Gantick, Director of Public Works Jeff Doolittle, Town Engineer ✓Michele Lipe, Director of Planning Chris Dougan, Chief Building Inspector �OVIN Sf4 C� � w� 1540 SULLIVAN AVENUE ® SOUTH WINDSOR, CT 06074 soR.00 TELEPHONE (860)644-2511 November 20,2017 Matthew Mancini 1299 Main Street South Windsor,CT 06074 Re: WPCA Conditional Approval 1299 Main Street, South Windsor, CT—Detached in-law apartment Dear Mr. Mancini: The South Windsor Water Pollution Control Authority, at its regular meeting of November 8, 2017, gave conceptual approval to the application for connection to the Town's sewerage system for the proposed in-law apartment at 1299 Main Street, South Windsor, CT as more specifically shown on plans entitled "1299 Main Street, South Windsor, Connecticut", Drawing title "Compilation Map & Site Plan", Drawing No. SP-101, Dated 3/27/2017; and subject to the following conditions: 1. The applicants shall determine whether they are going to use a pumping station or gravity system; 2. An external electrical outlet shall be installed sufficient for use of an emergency generator in the event of a power outage; 3. The applicants shall Present the catalog cut sheet for any proposed pump station; 4. This unit may be subject to a separate sewer user charge; and 5. The applicant shall present final plans to the Authority for final review and approval before any sewer permits can be issued for this work. Sincerely yours, tRicd Aries, Chairman Water Pollution Control Authority RA:ead cc: Michael J. Gantick, Director of Public Works Jeff Doolittle,Town Engineer Michele Lipe,Director of Planning Chris Dougan,Chief Building Inspector TOWN OF SOUTH WINDSOR WATER POLLUTION CONTROL AUTHORITY APPLICATION FORM Application No.: Date Received Date Scheduled For Applicant Address C 1 o C o? Telephone No.: 9G o S�73 Owner of Record on Land Records �4 [,��. E�, I�, (� roc i� n�-ee �► ry�► ��', Owner's Address t 3-`9 Property Description: Assessor's Map# S 3 Parcel# Vol. ) 4 Page Project Title: A-P— it-it 1)'-9 � Mom,,, Inquiries to be Directed to: (Name,Address,Telephone No.) �-4c, f�-`! Jf 9 Main CT 04 c 7y �La, 5?3 `( ,-& •^,cad caw, Approvals Previously Received (Check) IWA P&Z ZBA Purpose of Application: (Check all that apply) 1. Sewer Extension/Connection- -Residential Use a. Subdivision b. Single Unit c. Other Explain +a d. Type of Approval: Concept Final l ron x- 2. Sewer Extension/Connection- - Industrial/Commercial User a. New Connection b. Request to Increase Flow Rate c. Change in Nature of Waste Discharge d. Other Explain e. Type of Approval: Concept Final 3. Appeal of Sewer User Charge a. Residential b. Industrial/Commercial 4. Sewer Assessment a. Establish Sewer Assessment b. Appeal of Sewer Assessment c. Change in Use of Property 5. Regulatory Appeal , Explain 6. Other Explain 1-01W? Applicant's Signature Date /n -7 Owner's Signatureel11r----MY,, - ce Pt, zc�,, Date (See Reverse Side for Application Submittal Procedures) �o.NN Sp C� To� C-P v^/p//'dySoa� VV a :. � &U&Ot C, 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 l�Osox•co TELEPHONE (860) 644-2511 March 26, 2018 Matthew Mancini 1299 Main Street South Windsor, CT 06074 Re: WPCA Final Approval 1299 Main Street, South Windsor, CT—Detached in-law apartment Dear Mr. Mancini: The South Windsor Water Pollution Control Authority, at its regular meeting of March 6, 2018, gave final approval to the application for connection to the Town's sewerage system for the proposed in-law apartment at 1299 Main Street, South Windsor, CT as more specifically shown on plans entitled "1299 Main Street, South Windsor, Connecticut", Drawing title "Compilation Map & Site Plan", Drawing No. SP-101, Dated 3/27/2017, Revisions: 7/10/17, 10/17/17, 1/18/18; and subject to the following conditions: 1. This unit will be subject to a separate sewer user charge;and 2. Final Authority approval and acceptance of the sanitary sewerage connection is conditioned upon the installed sewer line having been inspected by the Town staff, and upon the written verification of the Town staff that said sanitary sewer line was installed in substantial conformance with the design plans approved by the Authority, and meeting all regulations and appropriate technical specifications relating to sanitary sewer construction. This approval letter must be superimposed on the final approval plans. Sincerely yours, 1 Richar Aries, Chairman Wate ollution Control Authority RA:ead cc: Michael J. Gantick,Director of Public Works Jeff Doolittle, Town Engineer v/Michele Lipe, Director of Planning Chris Dougan, Chief Building Inspector