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App 17-32P Brin InLaw Accessory Apartment
TOWN OF SOUTH WINDSOR -- PLANNING & ZONING COMMISSION APPLICATION FORM R 51PApplication Number: I ry`j►►- AUG Y Official Receipt Date: Munis Application #: ®� SWM WWDSOR APPLICANT: `-� PROJECT NAME: COMPLETE LOCATION OF PROPERTY: 2-44 &�A vf' 1�-' OWNER OF RECORD ON LAND RECORDS: Pe-4ff ' �-V 1 n r OWNER ADDRESS: 0 -1(4 & d ,'t� toi n CT-- ®-®Z GIS PIN # ZONE _ NAME, ADDRESS, TELEPHONE 8s EMAIL ADDRESS OF PERSON TO WHOM INQUIRIES SHOULD BE DIRECTED: kz "- o,- .Stogy )-z-54cc MOM Estimated presentation time: THIS APPLICATION IS OR: (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 ❑ Detached In Law Apartment or X Accessory Apartment (Public Hearing and Certificate of Mailing Required) ❑ 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. t� r` e ignadre�o�fpt ig atu f P ert Ow er „ Print Name of Applicant Print Name of Property Owner Revised 1/9/2017 Narrative for Application for Proposed Accessory Unit @ 244 Smith Street Planning and Zoning Commission 1540 Sullivan Avenue South Windsor, CT 06074 Application for approval of an Accessory Apartment at 244 Smith Street Article 7.2.1 of the Planning and Zoning Regulations with requested waivers to Article 7.2.1 A. #1  Dear Planning and Zoning Commission: Thank you for taking the time to review our application for an exception to Article 7.2.1 of the Planning and Zoning Regulations with requested waivers to Article 7.2.1 A. #1 Size Age. Since 2009,we have been residents of South Windsor and we love our town. We think of ourselves as being both responsible and law-abiding We both have professional jobs, we are parents, we are active in the community through our church, we care for foster animals, and we do our best to be respected and valued by our neighbors. We have a problem with the accessory unit was constructed at our home in 2010-2011 by our Builder(George Colton Construction). When our builder pulled our permits, he did not state on the building plans that we were building an In-Law/accessory unit. (Permits attached) We did not know that there was a second, Planning and Zoning, step that was needed before we did the construction at our home. There have been no issues with the unit with our neighbors or with anything having to do with the construction until a month ago when an unknown person made a complaint. Until we were contacted by the town and spoke with Michele Lipe we had no idea there was a Planning and Zoning approval that was needed for the unit. This has since created the issue of not having the proper zoning compliance. Our goal is to do things right by everyone on all counts and we apologize that we didn't understand that approval for the in-law/accessory apartment was necessary from Planning and Zoning when it was built. We are admittedly learning as we go and have now submitted our application and request for waivers and ask that you grant us an exception for an Accessory unit. To give everyone a clear picture of what happened, we would like to give you a history of the unit. In 2010 one of our parents was diagnosed with a terminal illness. We decided together as a whole family that the best option was to renovate our home and build an accessible In-Law apartment. We contracted with the builder who built our home in 2009 and designed a 100%-wheel chair accessible separate living area for our parent. We have provided you with copies of our building plans and you can see that most of the unit is placed in our existing home and the rest of the unit is in a portion of the garage addition that we added. We understand now that In-law units in South Windsor are approved to be no more than 900 square feet or 40% of the total dwelling square footage and Accessory units are to be 700 square feet. Our unit is 830 square feet. The unit was designed to accommodate for the space necessary for wheel chair mobility, and we did not know at the time about the 700-square foot standard. We have attached photos of the unit for you to see that we did in fact make it an open floor plan and handicap accessibility throughout. It is one bedroom. The living space added onto the house is only 350 square feet as the original space, 480 square feet is part of the original house and there is common hallway of 158 square feet that connects the main house the garage. From 2010 until February 2014, our parent resided in the unit. During this time, we had nurses, caregivers and health aides coming and going from our home. Our parent had 24-hour care between us and outside help. We do not think it a coincidence that a complaint about our unit was made to the town at the same time our neighbor was complaining about our shared driveway. Never has a neighbor complained before about the unit when our parent was living there, or after when we've had a single person living in the unit. There is a 25-foot-wide driveway easement on our neighbor's property that we use to get to our property. He recently put bricks along the edge of the driveway and has complained about delivery trucks running up onto the bricks. We offered to work on this problem with him, but believe in the meanwhile that he complained to the town about our home. We think that the driveway issues with our neighbor are separate from our Planning and Zoning application, and can say that in the last seven years we have never had a complaint about the construction at our home. Now that we have learned about the zoning issues we want to be sure that we are in compliance. At the time in 2014 when our parent passed we had a friend stay with us who needed a place to live. We felt this was an option as we currently still have 3 parents who would possibly use the unit at some point, so we did not want to repurpose the space back into the home. Also, since it is a separate unit(own heating and cooling systems, entrance, etc.) it is not an option to re-purpose into the general living of the home; it is a fully separate unit. We then had a woman reside in the unit who has fallen on hard times as she has fibromyalgia and other medical issues. She needed some help so we have her residing with us but recently rented out the Accessory Unit to a new woman. She is a single, middle age professional. She passed a credit, criminal and eviction check. As you can see from the photos provided, our home looks like a single-family home with a 3-car garage attached. Our home does not look like a multi-family home as the unit is all internal and thus,has no negative physical appearance on the immediate neighborhood. Also, our property abuts Evergreen Walk, in which they just built 1 and 2-bedroom apartment homes,plus a neighbor on the other side of our neighbor is renting their entire home out (260 Smith St.). We feel that our interior unit being approved as an accessory unit has had and will have no adverse or negative affect on the appearance of the neighborhood. In fact, with our home being 3,037 square feet on 3.86 acres, we hope that it adds to the surrounding homes value and does not decrease values of homes in the area. It improves the value of our home and maintains the neighborhood character which is good for all neighbors too. Since moving to our home in 2009, we have always gotten along with our neighbors with highest regard and respect and nothing we are doing here changes that. Our immediate neighbors and us all kind of watch out for each other historically. We care for each other's homes and animals when taking vacations and we work together to maintain our driveways. We worked together with our neighbors and had our driveways sealed together for a better price. We've had very positive relationships established and we wouldn't do anything to tarnish our relationships or the neighborhood itself. When the unit was being constructed in 2010, we and our parent were home when the town inspections were done and we explained that our parent was going to be living there. It is obviously a separate unit with its own kitchen, bedroom and bathroom. We simply didn't know about the need to get separate Planning and Zoning approval. The oversight was accidental. Because we didn't know about the zoning regulations for in-law/accessory apartments, we sized the unit based on our parent's needs and builder's advice. We had no idea there was an age standard for our home. In conclusion, we hereby request that our unit be granted the exception and waivers to become a legal Accessory Unit. As stated above, we still have 3 ailing parents that may need to use the unit in the near future and granting the approval for the unit would maintain the potential use for them. During the time that a parent is not in need of the unit we would rent the unit. We would perform a very thorough rental application process that would entail that the person is financially able to rent the unit, has good credit and can pass a criminal background check. We also reside in the home with our 10-year-old son and would take all precautions to make sure that our tenant is responsible. We have asked our attorney, Keith Yagaloff,to help us with our application. He is going to help us explain our circumstances and make sure that we submit all of the documents that you will need to make your decision. We thank you for your time in hearing our application and for your consideration. Respectfully, Peter and Jennifer Brin 244 Smith Street South Windsor, CT 06074 860-209-7850 �� � wa Aj5•aaa"' I'. N67'33_35"W .`r ae Posn os* DPnre�-rna rao's no` Ew a T g n¢ --` naal'" 271.23-----•,.-_. — �n ram'\ T WlO�ifEiE mFNCvi�rD EX1ExD RE Eu.l.vatm SIML (`,,,V � W A' y�f\' ate° NNFNPLK'aly �_ CONSTRUCTION OF SYNTNEnc FILTER BARRIER N.T.S. 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I Now ....�_....__: _ GARAGE PLAN=S32 S/F M5?R.BDRM �.wswwee GN. m o� i BCRM 02 IR a l�le:wE., �-�I � j ��IIII�IIIIII�'o,.evu,im act.5•ca.cnp OE<rt nG=rneii cv.na m�im`�.v' 2 OF 3 UPPER LEVEL FLOOR PLAN i I _ I _ _ _ ... Z U 9 O O I _U w nj oo ' Q oaEB zf � ®®�, FRONT ELEVATION N B . a *ticr mx REAR ELEVATION -- I nw w LEFT SIDE ELEVATION i tIZ111ul f iown or aoum vvmosor 1-71J-HrcL.7ia aerver rarcei Hppncauon Full Town View Reset Map Search Print Map Help Select Vie ��Map Layers I' Full Extent Zoom In Zoom Out Prev Extent Next Extent Pan Parcel Information Simple Measure Path 11000193 TOWN OF SOUTH WINDSOR, CT PER-TvflTNUMBER BUILDING PEflMIT DATE: 05/2,3/2011 GIS 1l):851062,44 V88- 715:00 MUNIS APPLICATION# 201100471 BUILDING DESCRIPTION. APPLICANT- LOCATION NAME: GEORGECOLTONCONSTRUCTION LLC ADDRESS:- 244'SMITH STREET ADDRESS! P.O.BOX 958 OWNM. BRINTETER J 8c.JENNIFER J $0 M- ER.S,CT 06071 244 SMI-TH. SOUTHVINDSORCT 06074 DESCRIPTION OF WORK, CONVERT EXISTING TWO CAR GARAGE TO LIVINO'SPACE.ADD ON NEW THREE,CAR GARAGE AND ROOM SPECIAL CONDITIONS.- ALL WORK TO BE DONE IN ACCORDANCE WITH THE APPLICATION AND:PLANS APPROVED BY THE BUILDING DEPARTMENT. a 4n.La— CONSTRUCTION TYPE:- Aj FV OCCUPANCY GROUP-. WfLDIN(JOFFICIAL 7/28/2017 8:35AM THEYEE ABOVE INCLUDES A$0,20 PER THOUSAND CT STAtE EDIXAMN SURCHARGE 1100210 TOWN OF SOUTH WINDSOR, CT PERMIT NUMBER PLUMBING PERMIT DATE: 07/08/201.1 GIS ID: 83700244 FEE'; 105,00 MUNIS APPLICATION# '201100471 BOILDIN(II)ESCRIPTION: APPLICANT: LOCATION NAME. GE-NO BOLOGNA Prl�a�q,,JNC. Ss"-2448MITH STREET ADDRESS: P.O.BOX 26 'OWNER' "'.0JN PE ER J&JENNIFER 1 SOMERS,CT 06071 444 MlTH �.�$014X z,%lfND$OR,CT 06074 DESCRIPTION OF WORK: NF,*',,K.1T-,C14EN.SINK,TOILET,SHOWER,WASHER,AND DRYER. SPECIAL CONDITIONS: ALL WORK TO BE DONE IN ACCORDANCE WITIl THE APPLICATION AND PLANS APPROVED HEBU EPARTMENT. CONSTRUCTION TYPE: OCCUPANCY GROUP.- BUILDIN6 OFFICIAL 7/28/2017 8:33 AM THE FEE ABOVEINCLUDES A$016 PER THOUSAND CT STATE EDUCATION SURCHARGE 1.100178 TOWN OF SOUTH WINDSOR, CT PERMIT NUMBER ELECTRICAL PERMIT DATE: 07/29/201 I GIS ID; 83700244 FEE: 120.00 MUMS APPLICATION 9 204,100471 BUILDING DESCRIPTION APPLICANT_-° LOCATION NAME: T&IZ ELECTRIC INt.'"" ADDRESS: 244 SMITH STREET ADDRESS, 7 CHARTER AVENU OWNER: BRIN PETER J&JENNIFER J BLOOMFIELD,CT Qbb02 244 SMITH :7 SOUTH WINDSOR,CT"06074 DESCRIPTION OF WORK; WIRINI&OF NEW ADDITION PER CODE. SPECIAL CONDITIONS: ALL WORK TO BE DONE IN ACCORDANCE Wf(J `IRE APPLICATION AND)"PLAJNS APPROVED U "THE 8' G DEPARTMENT. CONSTRUCTION TYPE: OCCUPANCY GROUP: BUILDIAG OFFICIAL 7/,8/2017 8:33 AM THE FEE ABOVE INCLUDES AS0.26 PER THOUSAND CT STATE EQUCATI4N S,mcuAgGE RR, IT IT7NU MSER PEERM TOWN OF SOUTH WINDSOR, CT HVAC PERMIT DATE: 02/29/2012 GTS ID:.$3700244 MUNIS APPLICATION# 201100471 FEE: 120.00 B.UILDIN4 DESCRIPTION: APPLICANT,. LOCATI©N NAME: MIELE MECHANICALSERVICES ADDRESS 2 rI MI L STREET = ADDRESS: 445 PERCIVAL AVI; ,� OWNER I3�IN RE ftR J&JENNIFER J ICENSINGTON CT 6037 SIiIH SQLITINDSOR,CT 06074 DESCRIPTION OF WORK: SUPI V AND INSTALL GAS LIIaB FORDECRATiV>r VENT FREE FIREPLACE. SPECIAL CONDITIONS': 4. .ALL WORK TO BE DONE IN ACCORDANC yVfTi{`THE APPLICATION A'ND ,LAN.' APPROVED BY THE, BUILDING DEPARTMENT, CONSTRUCTION TYPE: OCCUPANCY GROUP: BLUR G OFFICIAL 7/28/.2017 5:33 AM THE FEE ABOVF.JNCLUDrS A$016 PER THOUSAND CT STATE EDUCATION AfjtgjARGE 4 201200050 TOWN OF SOUTH WINDSOR, CT PERMIT NUMBER CERTIFICATE OF OCCUPANCY DATE: 02/29/2012 GIs [D: 83100244 FEE: 10.00 MUNIS APPLICATION# 201160.471 BUJLDING DESCRIPTIONI APPLICALT,r ` : LOCATIQN NAME: GEORGE COLTON,ClONSTRUCTION LLC_ AI)DREYSS:, 244 SMITH STREET ADDRESS: P.O.BOX 958 OWNER: BRIN P&ER J&JEN IFER J SOM'ERS,CT 06071 244 SMITH SOUTH WINDSOR CT 06074 DESCRIPTION OF WORK: COMVERT EXISTING TWO CAR GARAGE TO LIVING SPACE.ADD ON NEW THREE CAR GARAGE AND ROOM SPECIAL CONDITIONS; ALL.woRK To BE DONE IN ACCORDANCE=WI.TH THE APPLICATION AND'PLANS APPROV Y THE. ' ING DEPARTMENT. f CONSTRUCTION TYPE: OCCUPANCY GROUP: BUILIfNG OFFICIAL 7/28/2017 8:34 AM THE FEE ABOVE INCLUDES A$0.26 PER T14OUSAND CT'STATE EDUCATION SURCNAPGE Town of South Windsor— Health Department 1640 Sullivan Avenue,South Windsor, CT 06074-2786 a... Phone: 860-644-2511 ext. 248 Fax: 860-644-7280 B100a APPLICATION (for building conversion,change of use,building addition,accessory structure and lot line change) Standard application review time is 5-10 days,if soil testing is needed additional time will be required to complete the review process. S1n j4X 541-,e 4e,� Street Address of Proposed Activity/Structure — ,UeNN ePfJ�r rJ l 2 M -S'�— Owner Name Mailing Address Telephone � c(;Q-Co I 4G tv Catisfrt(c�i )r,�` ,d (30� 9 W1Q7 7/,6-02YT Applicant Name(if different than owner) Mailing Address Telephone Describe the proposed structure or activity with dimensions: C01.11J3eEtL 4eXC 546 N C, _� CG ,- G o��rc: sr7d RS ,ry 6 212 e CC afvd An t) v -F-`1" h C_ /<L Residential 0_'/___ Number of existing bedrooms Non-residential Please describe Property served by on-site well? Y�If No,List name of water company C 7, W(a Property served by septic system?U N Age of system 2 Date last pumped Plot plan—attach a scaled drawing showing property lines and dimensions,location and size of existing and proposed structures,and site features such as driveways,wells and septic systems,drains and water courses. Building plan—attach a sketch/floor plan of the proposed structure,addition or renovation showing existing and proposed rooms with door and window locations. Soil test data(deep test pits and percolation test)are required for the review of this application. If the data is NOT available,you will need to schedule an appointment with the health department for soil testing. As property owner or duly authorized representative of the property owner of the above referenced property,I agree to allow the health department staff to enter the above referenced property as part of this B 100a application review process.I further agree that this authorization to enter the subject property may extend through a period of time ending with the final B 100a application approval and affirm such with my signature below. Applicant Signature: Date: S S / FOR OFFICE USE ONLY: Approved: Q N By: Date: Comments/Conditions: 6% s�n.r G May 2011 Proposed Exception for Accessory Unit 244 Smith Street South Windsor, CT 06074 u i 1 i i C F � t f v i f l V% F � �- e . 1 k "r v� k R � s a e 1 � S l II, m e : : < i i ' �10-0.9 �:. �� 9 .,.�,_ _ pF� •� ':)i �� �1 � rya; r , ,.; .., _ ;, n ,. :., � � . ; � �� - .�-. t . �_ �� ��, `.� ���� � � �z -. -- ,,, �! ' saeq gejO pue Al!ligissa:):)y de:)ipueH ql!/\A wOOJ leg OF 4 _ aY - M: a i mot:. A S5. Page 2 of 2 poi. �U�S3P#i SCHEDULE A A certain piece or parcel of land with the appurtenances thereto situated in.the Town of South Wtridsor,County of Hartford and State of Connecticut.;shown as`Lot 2 123,750 =I-SP 2.8./-AC'on a map orplan entitled"DEPENDENT RESURVEY PREPAR.51) FOR:CRAIG.D,NATION 250 SMJTH STREET SOUTH WINDOI'CONNEGTTCI'T SUBDIVISION/PLOT PLAN JOB NO.:2089 DATED;4/20/2006."VISIONS 6/26106 As per Town Comments DRAWING NO,:J01IS/SURVEY/2089-3PLOT design professionals civil_engineers•planners•surveyors•landscape architects•gis,,gps P.O. Box 1167,:South Windsor,Connecticut 06074 Scale;I inc =40 It,SHEET 3 Of 3" which map or plait is filed in the'South Windsor Land Records, Being the same premises conveyed to the grantor herein by Warranty Deed of Craig D. Nation dated March 19;2007 and recorded in Volume 1890-at Page 146 of the South Windsor Land Records: Said premises are conveyed subject to the following. 1, Building line,building restrictions and zoning regulations as of record appear: 2. Street Tree Easement in favor 4f the Town of South Windsor recorded January 8,2007 in the South Windsor Land Records, va1,. 1877, Pg,. 28 3: Declaration of.Driveway,Utility and Maintenance Easement dated.January-8,2007 ,and recorded March 13,2007 in the South Windsor Land Records,,.Vol. 1885., Pg. 98 4: Imgat on Easement:n favor of Aaron L.and Karen Johnson-dated January 8,20.07;and recorded March 13,,2007 in the South Windsor Land Records:, Vol. 1884 r 'Pg. 101 5. Any and all provisions of any and all ordinances,municipal;regulations,public or private.laws,restrictions and easements-as record appear and to taxes on the List of October 1,2608,which taxes the grantee herein agrees to pay as part consideration for this deed. ;r(;75VSD FU-R R5CORD_ -0-ZCrJ 9 i I I Llalr 1 C4RJIE15I;.-soUT' AIIND5(Y,i CT tr TOWN'CLERK se5 ism::n�' i f T_IL_. 1 l/olurne. 2083 Page., 62 File Number;05971 Seq:2 PagoIof3 1U 1S77fA6G �v STREET TREE EASEMENT 123 'Phis Street Tree Easement made.this Ydayof January 2007,by and between Craig D;Nation-of the Town of Ellington,County of Tolland and State of Connecticut, hereinafter called"GRANTOR"and the TOWN OF-90i1TH WIND:SOR,a municipal, corporation having its territorial limits within the County of.Hartford:and State of Connecticut,hereinafter called"GRANTEE". WITNESSETH; WHEREAS,the GRANTOR is the owner of real property,hereinafter.described,situated on Smith Street in the Town of South Windsor,County of Hartford and State of Connecticut;and 'WHEREAS,the GRANTEE,ACTING through its appropriate mun cipal'agencies,has determined that the landscaping of said property can best be accomplished by the securing by the GRANTEE of a street tree easementover,across an&upon the said property of the GRANTOR,and WHEREAS,the GRANTOR is willing,in consideration oftho need to provide for the street tree easement,to grant to the said GRANTEE; the easement hereinafter.expressed concerning said property,thereby providing for the continuation of said premises as a Street Tree Easement;and WHEREAS,the G RANTOI,intends to convey the property described herein to certain purchasers'subject,to this street tree easement and by granting said street tree easement to the Grantee shall.not change the character of private ownership of said property and the public,shall have no right to enter upon same. NOW,THEREFORE,the said GRANTOR does hereby give„grant,bargain:and,cotifimi onto the said GRANTEE,its successors.aitd assigns.forever the right,privilege and auth&ity.as a Street Tree Easement_and restriction,to plant and perpetually preserve street trees in their present condition as a tree belt along Smith Street over a portion of real property shown as Parcel C on a map orplan entitled"DEPENDENT RESURVEY- PREPARED FOR:CRAIG I).NATION 250 SMITH STREET SOUTH WIND.SO,R CONNECTICUT.SUBDIVISION/PLOT PLAN JOB NO.:"2089 DATE;4/2U/2006 DRAWING NO.:jOHS/SURVEY/2089-3PLOT design professionals civil engineers planners•surveyors•landscape architects-gig•gps"P.O.Box 1167,South Windsor, Connecticut 06014 Scale: l inch=40 ft.SHEET 3 OV 5",which map is to be.filed on the' South Windsor Land Records. Said Street Tree Easement area is more particularly bounded and described as follows: Commencing.at a point on the northerly side of Smith Street,;which:point marks the southwesterly corner of Lot I as shown on said map,"thodw running S 046 13'37"W a distance of 10.00 feet to a point,thence turning and running S'86°41'43"E.a distance of 146.07 feet to a.point;thence turning and canning S 036 01'.17"W a d stanceaf 10.00 feet to a point;thence turning and running N 861.4I'.43"W a distance of 146.2..8,feet to thc-point and place of beginning. uu� IImmII ��ff ��pp ��qq 1YIIIII01 u11111111111�110 1 oa0 ID: oot135470003 Type, LAN 9a44k 4617 Fago 28 - 30 $lleM t2a Volume; 1877 Page; 28 File Number:00123 Seqt I Pale 2 of 3 'r'{ , va. IS 77 pAcE 29 THE GRANTOR FURTHER COVENANTS AND AGREES:. L To maintain said tree belt;and 2. To prohibit and refrain from the following operations,unless prior written consent is obtained from the ORANTEE,acting through its appropriate municipal agency or successor,on the premises conveyed'heroin, a.the construction or placing of buildings,structures;roads,.signs or fence; b.the.dumping or placing of soil,leaves and yard wastes,etc;;or other substances or materials as landfill or dumping or plaeing of trash,ashes,, waste,rubbish,junk,garbage or unsightly or offensive materials; T.the excavation,dredging or removal of loam,peat,gravel,soil,rock'.or other minetul substance; d,.the removal ordestructiou of street:trees. The:GRANTOR reserves unto himself,his heirs,'successors,and assigns the right to continue to use the property subject to said Street Tree Easement for all purposes not inconsistent with the terns hereof. The grant of the Street Tree Easement shall in no way grant anyone other than the parties hereto the right-to enter upon the property subject to the easement. The Grantee,or its :lawful agents,may enter the.property foe the purpose of inspection and ensuring_that the terms hereofare property enforced, The foregoing Street Tree Easement shall be permanent and shall be binding upon the GRANTOR and his heirs,successors and.assigns,and shall insure to ther benefit of the "GRANTEE,its successors and,assigns, TO HAVE AND TO HOLD the-above granted rights,privileges or authority unto the said GRANTEE;its successors and assigns forever,and to its own proper use. IN WITNESS WHEREOF,the GRANTOR has this day set its hand and seal this day of January 2007. Witnesses: GRAN <�a �. kit'/ Craig D.Nation AVM r 1 a Volume: 1877 Paige: 28 File Number:00123 Seq:2 Page 3 of 3 vat. 1877PAcE 30 STATE OF CONNECTICUT: : -sa, South Windsor COUNTY OF HARTFORD : On this the day of January 2007,.before me,personally appeared Craig D.Nation, known to me(or satisfactorily proven to be)signer of the foregoing,and acknowledged the sameto be his free act.and deed, Marianne Lassman Fisher Commissioner of Superior Court Witness own Manager ' � Date fOR( At T-ZO N �>,�CQa imoofi11Mr mer sy IAM Q`hk_� ld�b _ iDNAt'ClE� 3 - - fI ;-)1 Volume. 1877 Pager 28 File Number. 00123 Seq. 3 •'Rage t of 3 DECLARATION OF DRIVEWAY,UTILITY AND MAINTENANCE EASEMENT CRAIG'D.NATION,D1 CLARANfi` 250 Smith Street f c This Declaration is made this 8 L4�day of January,2007,by Craig D.Nation of Ellington,Connecticut(hereinafter the"Declarant")• ,III.N1 AN 1101111III>1II110 WITNESSETH Duo I0: Q.2826000s Typa: L" Book tBA9 Pape 4fl. I F11.0# 1200 Whereas,the lDeelaradt is the owner of two certainpieces or parcels of land shown as Lot No. 1,and Lot No.2 as shown on amap or,plan entitled"DEPENDENT RESURVEY PREPARED FOR.CRAIG D.NATION 250 SMITH STREET SOUTH WIN.DSOR CONNEXTICU T SUBD:INISION/PLOT.PLAN JOB NO.:2089 D?iT1 :4/2012006 Revislons 6/26/06 As Per Town Continents DRAWING)NO,:JOBS/S17RVEY/20$1- 3PLOT design professionals civil engineers•planners,surveyors.•landscape architects gis•gps P,O�Box 1167,South Windsor,Connecticut 06074&ale: 1 inch=40 R. SHEET 3 OF 5",which map is to be filed on the.South Windsor Land Records; -and WHEREAS; it is the desire of the Declarant that said Tots l and 2 shall have access to Smith Street,over an easement area located on Lot I on the aforesaid map,for ingress and egress and for.the installation and maintenance of utilities thereon('the"Easement Area");and WHEREAS: the EasementArea is more particularly bounded•and described as follows Commencing at a point on the northerly side ofSimth Street,which point marks the southeasterly point of the Easement Area as shown on said map;thence running N 040 I3`37"E a distance of 100.72 feet to a point;thence•running N 17 00,57" W a distance of 101.01 feet to a point;thence running N 680 20'03" W a distance of 32.03 feet to a point;thence turning and running:S 170 00'57"t a distance of 169,11 feet th a point; g i thence running S 170 00'57"E a distance of 48,23 feet to a point,thence twining 13'.37"W a distance of 96.42 feet to a point;thence turningwd running S 86°41'43"E T f 4 a distance of 25.00 feet along Smith Street to the point and place of beginning;and WHEREAS; ,it is the desire of the.Declarant that the Owner of Lots 1 and 2-share the s cost of the maintenance and repair of the common easement area;' NOW THEREFORE,it is declared a$follows: 1. Each of the owners of Lot] .and Lot 2 shall have the right to useas•a common driveway that portion of the Easement Area necessary for ingress and egress ?G to their respecti ve lots by foot or vehicle. 1 Volume: 1889 Page: 58 File Number: 01200 Seq. 1 ]Il.AL UA!: Page 2 04 YO . 1889PAGE 99 2: Each of the owners of Lot 1:and Lot 2 shall have the right to install and maintain at his.or her Own cost and expense utilities Which he or She nay require over,under and through the Easement Area,provided that such installation and maintenance does not interfere.with the use of the Easement Area by the other owner and provided further that each-such lot owner shall be responsible for all damage and disturbance to said:Easement Area caused by any such installation and maintenance and shall promptly repair,such damage and disturbance,at his ar her sole cost and expense. 3: Except as provided above,the owners ofLot 1 and 2 shall maintain jointly and share the:xesponsibility of keeping all portions of the Easement Area properly maintained,including.landscapirtg,and keeping.the driveway portion of the Easement Area in good condition and free of snow and ice. The cost .for such rmaintenancei repair and/or replacement of the driveway„landscaping, snow.plowing and any other matter pertaining10 the Easement Area shall be borne by the owners of Lot i and Lot 2-as follows' The owner of Lot 1 and the owner of Lot.2 shall each be responsible for Soo o of the cost of such maintenance,repair,and/or replacement of the driveway,landscaping;and snow plowing and any other costs associated with the Easement Area,with exception of Paragraph.2 above. -The Town of South Windsor shall have no responsibility regarding the maintenance or repair of the Easement Area. 4. The Easement Area shall at all times remain unobstructed and free from any parked vehicles. S. In the event of a failure by any lot.owner to pay his or her required share-of any costs or.expenses incurred herein;such costs and expenses maybe paid by the other lot owner,pro rats,and become due to the other.lot owner immediately after the date of such payment together with interact thereon at the;rate of twelve percent(12%),per annum until paid and together,with all costs of collection including a reasonable attorney's fee; 6. In the event that either Lot owner is required to prosecute a legal:action to enforce any of the other terma of this instrument,if said Lot owner is successful,he or she shall be entitled to recover the costs of bringing said. action,including a reasonable Attorneys fee. 7. In the event.that either the owner of Lot 1 or the;owner of Lot 2 desires to improve the common driveway beyond the minimum standards required by the Town of South Windsor,each must notify the other-owner in_writing of that intent,including the proposed cost of said'improvements,and receive a written response thereto by the other lot owner agreeing to share in those costs. In the event the other lot owner does not agree to,bear the costs,or any 2 -•-- ��I I IIaC Il .,, Volume: 1889 Page: 98 File Number; 01200 Seq,:2 Page 3 of 3 vot. 1889ME 100 portion thereof,the cost of the additional improvements shall be borne solely by the owner desiring the improvements. 8: The.benefits and burdens herein.contained shall be perpetual and shall run with the laed and shall be binding upon and shall inure to the benefit ofthe Declarant and his heirs,successors and assigns. IN WITNESS WEERECF,the Declarant has this day set his hand and seal this day of January 200.7. Witnesses Deciar t � z —� Graig D. atiort STATE OF CONNECTICUT:' ss. South Windsor COUNTY OF HARTFt7RD ; On this the. day,of January 2007,before me;:personally:appeared Craig D.Nation known to me(or satisfactorily proven to he)signer of the foregoing,and acknowledged the same:to be his free act and deed. �—/ Z- - Marianne Lassman Fisher Commissioner of Superior Court M. FM AT. ..l cj S-poi ror�ctr' � 3 Volum+a 1'88.9 Page. 98 File Number; 0120.0 Seq:3 II..I1Llk a': Page 1 pf.2 'Vol 1881 A'C�E IRRIGATION PIPE EASEMENT KNOW ALL MEN BY THESE PRESENT THAT 1,Craig D,Natian,.of Ellington„Connecticut(hereinafter referred to as"Grantor")for"O.ne Dollar(SLOO-)and other good and valuable consideration,received to his full satisfaction of Aaron L. Johnson,and Karen Johnson,both of South Windsor,Connecticut(hereinafter referred to as the"Grantees")do hereby grant,bargain,sell and convey unto the Grantees,their :heirs,successors and assigns,an Irrigation Pipe Easement over a portion of the real property shown as Parcel B on a map or plan entitled "DEPENDENT RESURVEY' PREPARED FOR;CRAIQ D.NATION 250 SMITH STREET SOUTH WINDS.OR �m egg GONNECTICUT"SUBDIVISION/'PLOT PLAN JOB NO.;2089 DATE:4/20/2006 .N' REVISIONS 6926/06 As Per Town Comments DRAWING.NO..JOB.S/SURVEY/2089- MIN PLOT design professionals civil.engineers-•planners•surveyors•landscape architects, gis•gps P.O.Box 1167,South Windsor,Connecticut 06074 Scale: 1 inch=40 R. .. SHEET 3 OF 5",which map is to be filed in the South Windsor Land Records,for the lag following;purposes: ' A perpetual right,privilege and authority to maintain an.irrigation pipe to be installed under and through the described_parcel for the restricted use ofthe conduct of water from a well located on Lott as shown on said map to the property of the Grantees, together with the right to enter upon such parcel.to ,maintain,inspect,•operate,service, replace„remove,and repair said irrigation pipe within the limits"ofthe easement area, together with the right to conduct water through the irrigation pipe oversaid easement area from the well to the Grantee's property,provided that the:Grantees and/or.their heirs, successors and assigns shall restore the parcel of land to substantially the same or better condition as existed prior.to such entry. The Grantees.and/or their heirs,successors:and assigns shall indemnify,save <' harrnless:and defend the Grantor and his heirs,successors and assigns from any arid all claims by the Grantees or their invitees which may or shall arise from the use and operation of the IrrigationPi"pe and/or access to the.easement.arca by the Grantees and/or t b I their invitees. Said Irrigation Pipe Easement is more particularly bounded and described as follows.: c Commencing at a granite monument on"thc southwest comer of said Lot No.2-as P A-V shown on said map,thence running S 68°20'03" E a distance of 20;02 feet to a point; p thence turning and running N 19°16' 29" Ea.distance of 198.30 feet to a point;thence running N 69°444' 13" E a distance of 50 00 feet to a point;thence running N 200 l•5' o 47" W a distance of 20.00 feet to a point; thence turning'and running S 69a.44' 13"W a distance of 59.44 feel to a point;thence.running S 19'01' 45"W a distance"of 4.70 feet �. ni to a point;thence runng S 19° 16' 291,W a distance of 20.2.1 g feet to the point and place of beginning. All structures,pipe,etc.constructed upon or installed with it!the said premises pursuant to this easement shall be and remain the property of the Grantees herein. H 11111:11 Mull U1. lill W, Volume: 1889 Page; 101 File Number: 01201 Seq.:1 Page 2 of 2 Ydl. 18 8 9 PACE f 0 The Grantor reserves the right unto himself,his heirs,.successors and assigns to continue to use lands within which the aforesaid easement has been granted for any use and purpose which shall not in any way interfere with the use thereof'by the.Grantees, their heirs,successors and assigns in fulPilling the purpose:foc which the easement has been granted. To have and to hold the said and bargained easement,privileges,and rights of way, and their appurtenances to the said-grantees and their heirs,successors and assigns forever,and to their own.use and benefit, M TN WITNESS WKWOP,the Grantor has set his hand and seal this day of January 2007. Witnesses-,-- Grant aig D.Maiion STATE OF CONNEC`I`IGIJ'T: < ss. South WincisOr January ,:2007 COUNTY OF,HARTFORD On this the I? day of January,2007,'before me,personalty appeared Craig.I).Nation, known to me(—or satisfactorily proven to_be)signer of the foregoing,and acknowledged the same to be his free act and deed. Marianne Lassrnan Fisher Conunissioner ofSuperior Court r�cEn+ ci 03 r3,o'05 7 AT 1 O5 Pr—n aYAEN80ui1jW4 A s Mtn TOMIcIVIK 2 Volume; 1889 Page; 101 Fite Number. 01,201 Seq:2 -Page of 2. rot. 2 Q 8 3 PAGE 6 r971 WARRANTY DEED 376-404 HEBRON AVENUE,LLC,a Connectictt limited liab-ifity:co.mpany with ffi oces in the Town of Glastonbury,County of Hartford and State of Connecticut,far the consideration of THREE HUNDRED NIN>TREN'THOUSAND NINE HUNbRED AND 00/100 DOLLARS($3191900 00)paid,grants to PETER J. BRIN and JENNIFER J.BRK both of the Town of Manchester,County of Hartford and State of Connecticut, asjoint tenants with rights of survivorship and with'WARRANTY COVENANTS;all that certain.piecc or parcel of land;being situated in the Town of South Windsor,County of flartford and State of Connecticut known.as 244$znith.Street and more particularly bounded and described in Schedule A attached hereto and made a part hereof Signed this 19th da Novem r.2091. Signed and delivere' ,in the presence of: 376404 HEBRON AVENUE,'LLC N/p -i fvox�",,,--:-v - obert Urso,Its Member 1 STATE OF CONNECTICUT ) ss. South Windsor November 19,2009 COUNTY OF 14ARTFORD Personally Appeared Robert Urso,Member;Signer of the foregoing Instrument; and acl mowledged the same to be the.free act and deed of said 376 404 Hebron Avenue, LLC and his free act and deed,before me. poc ID; oo18B08B00=,Type: IAN BOOS y083 Page 62 6$ Cat Fllei 597t Notary public My Commission Expires: ry Orantee`s mailing address: 244 Smith.Street South Windsor,CT 06074 Gt ntv a.:4:"TA X F34C.E�+C t MTF 5 Iaa.1 t C kt J 7 Q R t, Volume: 2083 Page: 62 File Number,05971 Seq 1 7/21/2017 Town of South Windsor GIS-ArcGIS Server Parcel Application Full town View Reset Map Search Print Map Help Select View Legend -- -- - - 6?Map Layers Abutter Info } _ Location Owner Name I Address City State Zip 15300151 151 BUCKLAND ROAD EVERGREEN WALK LLC [} ` CITYPLACE HARTFORD CT 06103 83700260 I260 SMITH STREET EVERGREEN WALK LLC iCITYPLACE HARTFORD CT 06103 83700198 198 SMITH STREET KF REALTY LLC 175 WHEELER ROAD SOUTH WINDSOR CT 06074 83700236 ["F; 236 SMITH STREET fJOHNSON AARON L&KAREN 236 SMITH STREET SOUTH WINDSOR CT 06074 0216 216 SMITH / 16 SMITH STREET ANTOSIK SCOTT&BEVERLY A 216 SMITH STREET SOUTH WINDSOR Cr 06074 I 83700250 ! 250 SMITH STREET K, PARISI FRANK M&CHRISTINAL. 250 SMITH ST SOUTH WINDSOR CT 06074 x'{ ' 83700244 -- z 1 244 SMITH STREET `I BRIN PETER J&JENNIFER J 244 SMITH SOUTH WINDSOR CT 06074 _ I i Fall Extent Zoo",In Zoom Out Pre`V-Exfert?-- Ttai�—,ii6pfe Theasura e Area Measure Town of South Windsor-NEGEO MaDXoress v1 2 Scale:1 in= 100 ft CT State Plane NAD 1983-XX105095T 855972 http://southwindsor.mapxpress.net/ags_map/default.htm?MBL=83700244 1/1 bF T4r�ROB;. 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Postal Service CERTIFIED ® • ■ I= Domestic m 0 ` .1 ii4; > Ln Certified Mail Fee 1.1166 J tit•_i Extra Services&Fees(check box,add ire ate) (3 ❑Return Receipt(hardoopy) $ T�" .O ❑Return Receipt(aiectronic) $_(-thy— Postmark Q ❑Certified Mail Restricted Delivery S ilt,(((( Here C:3 ❑Adult Signature Required S_ tF t•t I i11 _ o Adult Signature Restricted Delivery$ Postage m $0.49 p Total Postage and"s s 08/23/2017 �' Sent To J} PLANNING DEPARMENT IN-HOUSE REFERRAL FORM DATE: August 17, 2017 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: #17-32P, Brin Accessory Apartment Location: 244 Smith Street ® Site Plan ❑ Subdivision No. Acres 3+ Zone RR ❑ Industrial ❑ Commercial ❑ Residential No. Lots/Units 2 Water: ® Public ❑ Private Well Sewerage: ❑ Public ® Septic System Project Description: In-law apartment they want to convert to an accessory apartment 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 9/5/17 and return to the Planning Department. SpW N Sf4 a ` 9 � 71"� O-P Sau� V&U,&�t 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 `iJ�OSOR-CO TELEPHONE (860) 644-2511 August 28, 2017 Peter and Jennifer Brin 244 Smith Street South Windsor, CT 06084 Dear Mr. and Mrs. Brin: RE: Appl. 17-32P, Brin Accessory Apartment- request for a Special Exception to Section 7.2.1 to create an 830 sq ft accessory apartment, on property located at 244 Smith Street, RR zone Please be advised that the Public Hearing of the Planning & Zoning Commission in the above referenced matter has been scheduled for Tuesday, September 12, 2017 at 7:30 p.m. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue. Someone must be present at the meeting to represent the application. One sign advertising the hearing must be posted on the property for ten (10) consecutive days prior to the hearing and must be clearly visible from a town street. The sign must be posted on Smith Street by Friday, September 1, 2017. Signs can be obtained in the Planning Department. If you have any questions, feel free to call 860- 644-2511 Ext 253, Monday - Friday, 8:00 a.m. - 4:30 p.m. Sincerely, Lauren Zarambo Planning Department.Secretary Brin ACCESSORY APARTMENT- Public Hearing 9/12/17 1. Application for a special exception to article 7.1.2 to create an accessory apartment at property located at 244 Smith Street, RR zone. The applicant is proposing to utilize existing living space to create the accessory apartment. 2. There was an addition built in 2010 and the applicant has provided a layout which shows a kitchen, living room, and bath on the lower level. At the time of the addition, the zoning records indicated an addition for single family living space was permitted; however the building plans included an in-law apartment and it was used as such until recent Iv, 3. When the zoning officer a complaint of an in-law apartment turned into an accessory apartment,no zoning record for the in-law apartment Voee found. The applicant has made this application to resolve the matter `'' 4. The proposed apartment has a separate entrance through the garage and the sliding door off the living room area. There is an existing 12 X 12 deck attached. The applicant has the floor plan, pictures of the interior of the living space and a picture of the outside of the house. 5. The criteria which must be met for an accessory apartment include: ♦ the apartment can not exceed 700 sf or 40% of the combined gross floor area of both units, whichever is smaller, ♦ the house has to be constructed prior to 1990, ♦ the entire structure must maintain the appearance of a single family dwelling, ♦ off-street parking for at least 3 vehicles must be provided, ♦ Not more than ten percent of the existing single family units within 1000 feet of the proposed accessory apartment contain existing accessory apartments, ♦ The owner must occupy either the accessory apartment or the main dwelling unit, ♦ Adequate water and sewage disposal must be provided. 6. This new house was originally constricted in 2004 and the apartment is proposed to be approximately 830 sf(eliminating the stairwell from the calculation). The applicant is requesting a waiver to both the size of the apartment as well as the year the house was built. 7. The Commission can waive any of the criteria above after considering the following: ♦ there will be minimal adverse impacts on existing uses in the area; ♦ surrounding property values will be conserved and the character of the neighborhood will not be unduly disrupted; and ♦ due consideration to preservation of historic factors has been demonstrated. 8. There are public water and septic system that service this addition. The Town Sanitarian signed off on the addition back in 2010. 9. The driveway is large enough to accommodate three cars as required. If this application is approved, the applicant will be required to reaffirm every four years that the owner still lives in the dwelling or the apartment. There are no engineering comments on the plan. August 31, 2017 Peter and Jennifer Brin RECEIVED 244 Smith St ET0 12017 South Windsor, CT 06074 SOUTH WINDSOR PLANNING DEPT. RE: 244 Smith St Planning and Zoning change letter Dear Jen and Pete, We are in receipt of your letter regarding the submission of application for approval of Accessory Apartment at said address. We do have questions and concerns regarding this request as outlined below. 1) If the request for approval of an Accessory Apartment allows such said apartment to be rented out as a separate unit,then I do object. I have concerns if this change allows your home to become a multi-family residence, allowing rental to non-related parties,we fear it will not only degrade the value of our home, but could also put us all at risk. While current tenant might be ok,what does future hold?Or if you move,what would happen then? Would it be a sales feature that prospective buyers would take advantage of as part of their purchase decision and not strictly control who they rent to? 2) We question the accuracy of your statement of renting such said apartment to a single person as we know there are actually two non-related parties living in your home. We know that extensive renovation work was done to your downstairs floor to create what we believe to be a second,self-contained living apartment and that the aforementioned single person does not live in the apartment in question, but in the new living quarters. Can you confirm? 3) We are questioning the validity of your subjective comments regarding the approval of this apartment having a negative effect on the neighborhood or the value of my property. This is a single family, residential neighbor and not zoned for multi-family homes. It most certainly would impact the value of my home when I go to sell if buyers are made aware that direct neighbors can in effect have non-related parties renting there or home is zoned as'multi-family. Can you prove or confirm your statements with some type of proof source? 4) Lastly,as you are aware,you have an easement over my property to access your property.As part of this easement appurtenant, I feel that the excess traffic of 5+vehicles will cause excess wear and tear on my driveway. We also know that there has been recent instances of disrespect to my property caused by this excess traffic by said renting parties. So I am concerned about the upkeep and maintenance costs associated with the excess traffic. In closing Jen and Pete, never had an issue, nor would we have any issue if a direct family member were to live in the in-law apartment it was designed to be. We do however have significant reservations about the apartment becoming a legitimized rental property and if that is the cause and effect of the application,we will not be willing to cast an approval vote at present. Respectfully, Frank Parisi CC:Town of South Windsor Planning and Zoning Attorney Keith Yagaloff Aaron L. Johnson t t4,�D 236 Smith Street South Windsor CT 06074 SEN 0 7 `1017 September 6, 2017 SOUTH WINDSOR r^tJ�NNING DEPT. Town of South Windsor Planning and Zoning Commission 1540 Sullivan Avenue South Windsor CT 06074 Re: Pending Zoning Application# 17-32P Peter& Jennifer Brim—Accessory Unit I have recently received a registered letter from Peter and Jennifer Brin that they have applied for a Zoning Variance for their home at 244 Smith Street(rear)to Article 7.2.1 A items 1 and 2. I am hoping this is in error as that specific Article is related to Adult- Oriented Establishments. I have downloaded a copy of the actual applications, narratives and related documents for the application and I see that it is related to an Accessory Apartment, Article 7.1.2. I would question the accuracy of the documents submitted as outlined below. Back in 2010 when the original addition was constructed Peter and Jennifer let the neighbors know that they were adding on an in-law apartment to accommodate Jen's father who was ill. I would have thought at that time all the necessary permits and zoning applications would have been approved. But I see on the building permits that are attached to this application that there is no mention of any In-law apartment so Planning and Zoning was never notified so therefore, no zoning variance was ever applied for nor approved. I had no issue with having her father move into the property so I never thought to look into the zoning applications. After her father passed there have been various other unrelated people living in the space in question. Again, I had no problem with �Ulcac iildiviuiials as they were rc3pe tfai of the neighborhood so i never questioned the validity of the apartment. This past spring there was another construction crew working on the lower level of the house. It was obvious by the amount of activity over the weeks that the construction took, as well as the cabinets and appliances that were being moved in that some additional space was being renovated. As soon as the construction was completed a moving truck arrived and a third family moved in. There is no mention of this P living area in any of the application paperwork and I can only assume that NO permits were pulled for the additional apartment. I would question the accuracy of the floor plans submitted with the application as they are dated April, 2011 and do not accurately reflect the renovations that were done this spring. There are now three unrelated families living at that address. This is totally unacceptable. Not only was the original "In-Law"apartment never approved but now there are not just one but two unapproved accessory apartments being occupied and rented out. Another concern is that now this dwelling has 5 bedrooms, 3 separate kitchens and at least 4 bathrooms, our neighborhood is not on public sewer and the property in question abuts wetlands. Is the septic designed to handle that volume? My house is directly in front of the property under review and Smith Street is a dead end, this means that all the traffic from the residents and tenants travel in front of my property on the street, down the side and across the back of my property. I get 270 degrees of traffic. 1 have lived fin.the same house for35 years and the Building Department and the Zoning board have worked very diligently to protect this neighborhood from the encroaching commercial development. As a result, Smith Street has retained its rural character even with having Evergreen Walk in our back yards. There are no other multifamily rentals in the neighborhood. Yes, there are some properties that are rentals but those are owned by abutting landowners and only rented as single family residences. I strongly feel that approving this zoning change will have a negative impact on the neighborhood and related property values. Prospective buyers are going to have second thoughts when they realize they would be moving next to what effectively is a three family house. Respectfully Submitted, Aaro ohnson `' Frank Parisi 9/7/17 250 Smith St South Windsor, CT 06074 RECEIVE6 Town of South Windsor 5E P 2017 Planning and Zoning Commission 1540 Sullivan Avenue South Windsor, CT 06074 sour!!wl lDSc�^PLANNING DF PT. RE: Pending Zoning Change Application #17-32P, Brin Accessory Apartment My name is Frank Parisi and along with my wife Christina are the owners of 250 Smith St, the property which directly abuts 244 Smith St. I am here tonight to express my reservations and concerns regarding the application before the Board this evening. We wish to make it very clear that we strongly object to any approvals or conditional changes that will make the existing addition anything other than the In-law apartment it is supposed to be. We also wish to address certain points the Brins made in their application letter to clarify and/or object to certain statements made in the letter to ensure there is complete understanding of why we are here tonight. First off, on both of our behalf, I wish to make it very clear that we never have, nor ever will have any objection for the use of the addition in question as an In-Law suite. We fully understand and empathize with the Brin's as caring for elderly parents, or possible other affected relatives is a reality in our society today. We were very understanding of the plight the Brin's faced during the difficult time when Jen's Dad was ill. We offered our full support and assistance to the Brins during their difficult time with Jen's ailing father. As an example,there were several times when their plowing contractor could not get to their home timely to plow their driveway during stormy winter weather. I personally would go down to clear a path in support of Jen's Dad as I knew he was not well and if in event ambulatory care had to access their home, they could do so. We object to this application for the following reasons: -First, we whole heartedly disagree with the Brin's subjective comments that this type of living arrangement would not detract from the value of our neighborhood homes. If the application before the town does in fact change the status of the apartment to an accessory apartment, allowing it to be rented as a standalone apartment, to non-related parties, it would most assuredly compromise the integrity of the single family residence neighborhood in which we live. We also feel strongly that this apartment could be rented to any party at any time which also compromises the safety of our neighborhood. Ms. Brin is a professional property manager and while she might do a valid background, security check of her tenants, etc., this exposure to non-related, unknown family members would most certainly compromise the sanctity of the single family home neighbor we bought into 10 years ago. We moved here to this neighborhood to enjoy the environment in which it is intended to be. And then what if the Brins move? If this zoning change occurs, the next owners could legally rent to non-related parties without judicious process and again, we are confident this would compromise not only the integrity of the neighborhood, but our collective safety as well. At one point in the Brin's application letter, they make reference to rental properties behind us in Evergreen, and that our neighbors at 260 Smith St rent as well. I am not sure why they did this as no relevance whatsoever to their application as Evergreen is obviously an approved rental complex and yes, the neighbors at 260 Smith are renting as a single family living in a single family home. If this situation were occurring in that home, I would be here in front of you as well with the owners of that home expressing the very same concerns. -Our second concern is the way in which the Brins describe the current living arrangements in their home. I challenge the statements that there is only one renting party in the home at present. We firmly believe there are two, non-related parties renting living quarters in this home that is zoned as a single family residence. The ill friend (Tenant A) that the Brins mention in their application was the original tenant in the in-law apartment. We believe she was renting that unit as Jen Brin had posted a Facebook video ad right before the time Tenant A moved in, touting all the features and benefits of the apartment and saying it was for rent at $1250/month. It is no coincidence that Ms. Brin has subsequently taken this video down from the internet and I challenge the truthfulness of their disclosures around this matter. Fast forward to this summer, we noticed that the Brins were remodeling the second half of their downstairs. There was much activity there, tile work, cabinetry being delivered, appliances etc. We understand that is their right, however once the work was done, we then noticed that new people were moving into the in-law apartment (Tenant B) and that the original woman (Tenant A) moved into the newly renovated second half of their downstairs. It is visible from our yard that the newly remodeled section of their downstairs is an efficiency as well and the ill friend (Tenant A) does NOT share common areas with the Brins, burin fact lives by herself in the newly remodeled area. Also there is typically 3 vehicles parked in their driveway and yard owned by Tenants A and B (picture A attached) leading us to question if new tenant in the in-law apartment (Tenant B) is in fact a single resident vs. a couple. -Lastly the Brins are correct. We own the property on which there is an easement granting the them access to their home via our driveway. We never had any issues when they lived there with their family members, when Jen's Dad was there, no matter the traffic patterns, no matter the amount of ambulatory care that traversed our property. We never once asked for any stipends or support for care of the driveway, the plowing etc. nor have we ever accepted any. However, I was the one who complained this summer because contrary to what Jen states in her letter, that the damage to our property is a separate issue to this application is false. In conjunction with the fear of having condoned rental property in our neighborhood, it is another big factor of why we oppose this zoning change request. Over the past several years, there have been multiple occurrences of physical damage to our property by either guests, contractors or tenants of the Brins. There has been damage to flower pots/barrels, my retaining wall and yes, even once when someone drove off the driveway and damaged my lawn. We never really expressed much to the Brins as I usually just fixed the damage, never seeking any compensation as I simply just wanted to keep a civil accord going. However, in the past several months, multiple incidents of damage to my property by the said tenants caused me to formally complain as I had simply had enough of the disrespect to my property. To add more clarity to the current complaint situation the Brins have outlined in their application letter, the tenants who recently rented the said apartment damaged a retaining wall that I built several years ago, not just recently added bricks as Jen states in her application letter (Picture B attached). They totally damaged the wall and just drove away, not offering to stop and fix it etc. We had to complain to Jen and Pete who ultimately went out to fix it. Then several days later, a delivery vehicle delivering appliances to the new renters from PC Richards, did the exact same thing (pictures C/D attached). My wife confronted the drivers who denied it to her face while she watched them do the damage. We contacted the police at that juncture to file a report against PC Richard and once again, we complained to Jen and Pete about the damage and total disrespect to our property caused by their renters. So to say that the rental situation has not precipitated the concerns over the damage to my property caused by them, and the excess wear and tear that the vehicle traffic by outside, non-related tenants will cause: on my driveway is not true. It is not a shared driveway. They have the right to use it and I have no problem them using it as a family, not to consistent outside traffic. At this juncture I would like to ask the town if any recent, formal inspections of the home have been performed to qualify the application before Planning and Zoning. The April 2011 floor plan in the application is not an accurate depiction of the current home's layout and this needs to be validated. If the town has not done so, they need to. For example, given now there are 3 separate parties living in the home, questions such as the actual amount of bedrooms and bathrooms versus what the original septic system is designed to handle need to be answered. So in in closing, we object to this zoning appeal if it allows the in-law apartment to become an accessory apartment that could be legally rented to non-related parties., We believe the fact that this apartment has been being rented for the past several years, coupled with the fact that there are now 2, non-related parties renting and living in the home with the Brins is a clear violation of zoning ordinances. We request that this application be denied and the apartment in question be set back to its proper intent of an in-law apartment. Thank you, Frank Parisi Picture A -There is consistently 3 outside vehicles other than the Brins vehicles. -The car to the right, in front of the garage is the vehicle driven by Tenant A, the first tenant/ill friend in the in-law, now residing in the second efficiency in the other half of bottom floor in the home. -The 2 vehicles to the left are the two vehicles of the new tenants living in the in-law apartment. There is no adequate room for all 3 vehicles on the asphalt driveway and the one vehicle is consistently parked on the lawn. -Pls make note of integrity of my retaining wall in the bottom left of the picture. This is the wall that has been repeatedly damaged and had to be re-built multiple time. µ M Picture B -Picture shows damage caused by rental truck when new tenants moved into in-law apartment (Tenant B). Ne effort was made to fix it or make things right. I had to complain to the Brins and they fixed it. Pictures C&D -Pictures depicting damage done by PC Richard delivery vehicle, which delivery drivers denied. -My wife took pictures of the damage and the vehicle plate -We subsequently called the police to report the damage. -The Brins themselves repaired the damage so we have not pursued any further actions. NMI W ��j Frank Frank Mon, Jul 10, 12:30 PM +�t • i i SOW N sf4 F T-au / ` O-P Soa� ?&U&ot a 9 „t w� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 f�OSOR-CO TELEPHONE (860) 644-2511 CERTIFIED MAIL 7014 2120 0003 3214 3658 September 14, 2017 Peter and Jennifer Brin 244 Smith Street South Windsor, CT 06074 Dear Mr. and Mrs. Brin: Re: Appl. 17-32P, Brin Accessory Apartment Special Exception, 244 Smith Street We are pleased to advise you that the Planning & Zoning Commission voted on September 12, 2017 to approve with modifications the above referenced application for a Special Exception to Section 7.1.2. This approval is to create an 830 square foot accessory apartment, on property located at 244 Smith Street, RR zone as shown on plans prepared by Design Professionals, Inc., Project 2089, dated May 16, 2011 as revised. This approval is subject to the following modifications: 1. 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. 2. The Building Department shall be consulted to ensure that the existing building meets the proper codes for a bedroom on the lower level. 3. Plans as submitted are to be verified as accurate with a site inspection. 4. Two waivers have been granted in accordance with Section 7.17 to allow for a house built later than 1990 with an accessory apartment; and to allow the apartment to be 840 square feet. Black and white transparent mylars of Sheet 1 with the above modifications, together with three blueprint copies of the entire set of plans as revised must be submitted to this Commission. The letter of approval of this Commission must be reproduced on the mylar. After the mylar has been signed by the Commission, it will be returned to you for filing in the Office of the Town Clerk. The attached Special Exception form must be completed and filed in the Town Clerk's office. The special exception will take effect upon filing. Sincerely�� Bart Pacekonis,Acting Chairman Planning and Zoning Commission BP/llz Cc: Zoning Enforcement Officer Chief Building Official Fire Marshal Assessor Keith Yagaloff,Attorney The Special Exception will take effect upon filing of this form. I, Bart Pacekonis, Acting Chairman of the South Windsor Planning & Zoning Commission, hereby certify that on September 12, 2017 the Planning and Zoning Commission granted to Peter and Jennifer Brin a Special Exception to Section 7.1.2 of the Zoning Regulations to create an 830 square foot accessory apartment on property located at 244 Smith Street, RR zone as shown on plans prepared by Design Professionals, Inc., Project 2089, dated May 16, 2011 as revised. This approval is subject to the following modifications: 1. 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. 2. The Building Department shall be consulted to ensure that the existing building meets the proper codes for a bedroom on the lower level. 3. Plans as submitted are to be verified as accurate with a site inspection. 4. Two waivers have been granted in accordance with Section 7.17 to allow for a house built later than 1990 with an accessory apartment; and to allow the apartment to be 840 square feet. GIS Pin 83700244 Property Description: 1 to r� p e a��r_, X901 of Viand i itf�°t i appu eri i�6 :tli .tts s" t'c ate i dig a Sc �a Y i i► 7yndsc r ,�C t ii •f�i�oM ti '5t ,t .' f' :or. er :u 'sty vKr��as:` ,vt I 23 ,y/ ■}• A ' tin'a Uidpior'p aii. istiibd b.9-P-1 9NUENT. ;FORt CA1�:1'GA,1-��NA. ON .I7 110A a T'R7F•77�ET E] : .I31T_1IPT P ; IT: { N5 'T 't"CDOMM-0fits,109A W. ., 4/ 1 (3. 105r x4t iwak- ar . rc t is iiixdstir;,�•edi�ria�.t��i�t:C1d�74;�tral:��.��':�i�h��-���t�.:�H�E�� �►�'`��' why h:.mapi; r pta ::i t dJh I*h0 vuthV..;itdI .r. 0 c jr.43; :8e the saine ptemisd. i;OnvOe*#a the OMMOr hftin t r MaAnty Deed-of. 1 ctxo :dated larch:�. . . Q' 'ran ;re axd d A. l lurr� S :f :- Page 7 4 of out Windsor.Crr1:. tevs: Said priam-'yes.go oo:veye�.,�v�r�°gat to the fo���w�rig� i t Bq dtng.14 e;.bui�dittg rust l Qn :as _ v g10.4ul t it ag 6f r c&d-appe r� .. $0.0t`T a:E .M.Mi f.D t Ytir:s f .e..,' ov ii:df Mitli:�Yndsar r0 .0 ded hrxu or�. t -thy`outbh Wl ids r Limd'.1 $; : ::X3 i ii ttiah i r : l rtu ay :UdT�ty a c tv� cint s anoe.: asp �ni ty y h' F/y'• W. - 'lI id flr aYid aWi-t#o Vol . :�. Irix..:.t�;�iia:�a�tm.�ai�:�'t�• uor of Aax� �,. d ohn- ' d to LA IV61. ... ; i an i all p �i ivn : n and gii:orti -nanoo,M040, g i a ;€ari : Su ali err TWA . prrvg r1$ r; ; r s#x G�iCrr> : nq epse ei ts;.as!rec�d appea�'and to'tars:o�,tb:�L#xt;af �t,tobet 16M*hwh taxex die Wo b*.wk ag cos fv pp :a :;par itnis eratiOtt i'or' t.his deed. OWNER OF RECORD: Peter and Jennifer Brin Dated at South Windsor, Connecticut this 14t' day of September 2017. In accordance with CGS Section 8-3d Acting Chairman Bart Pacekonis,Planning&Zoning Commission Received for record this day of ,200_,at South Windsor, Connecticut ATTEST: TO BE PUBLISHED IN THE JOURNAL INQUIRER SATURDAY, SEPTEMBER 16, 2017 SOUTH WINDSOR PLANNING & ZONING COMMISSION At its September 12, 2017 Regular Meeting, the Planning and Zoning Commission voted to take the following actions: 1. Approved with conditions Appl. 17-29P, Robert Maffucci dba Vito's Restaurant `Weddings on the Farm' for a two year temporary and conditional permit to hold up to four(4)wedding and/or corporate events between May 15 and October 15.annually, on property located at 653 and 677 Rye Street and 5 Saxton Lane East Windsor, RR zone 2. Approved with modifications Appl. 17-32P,Brin Accessory Apartment fora Special Exception to Section 7.1.2 to create an 830 sq ft accessory apartment, on property located at 244 Smith Street, RR zone 3. Approved with modifications Appl. 17-28P, RSK-Kellco, Inc. for a Special Exception in Accordance with Appendix F and Site Plan of Development for a 14 unit development to be known as `Schoolhouse Drive',on property located on the easterly side of Ellington Road, southerly of Northview Drive (755 Ellington Road and 760 Pleasant Valley Road), Designed Residence Zone 4. Approved reduction and release of certain bonds Bart Pacekonis,Acting Chairman /,k H I N C K L E Y 20 Church Street ALLEN I lartford,CT 06103-1221 p:860-725-6200 f:860-278-3802 hinckleyallen.com LISA A.ZACCARDELLI 860.331.2764 Izaccardelli Dhinckleyallen.com October 12, 2017 VIA OVERNIGHT DELIVERY Pamela A. Oliva RE :r, ; Zoning Enforcement Officer OCT tl . Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 SOUTIA VANDSOF'PUVNINING DEDT Re: Application 17-32P Brin Accessory Apartment Special Exception — 244 Smith Street Dear Ms. Oliva: This office represents the interests of Frank and Christina Parisi in connection with the Brin Accessory Apartment for Special Exception on property located at 244 Smith Street. We understand that on September 12, 2017 the Planning and Zoning Commission granted the Special Exception subject to certain modifications related to occupancy. Please confirm in writing that the property was inspected and verify whether the Brins are in compliance —that is, only one accessory apartment at the location and that there are no additional units, and that the Brins have met all other conditions associated with the approvals. Further, please confirm that you have verified occupancy of the apartment and main dwelling unit. I appreciate your attention to this matter. Sincerely yours, HINCK EY, ALLEN & SNYDER, LLP Lisa A. Zaccardelli l LAZ/ka cc: Frank and Christina Parisi ►ALBANY ► BOSTON ►CONCORD ► HARTFORD ► NEW YORK ► PROVIDENCE 57212253 VYINCKLEY,ALLEN &SNYDER LLP,ATTORNEYS AT LAW SOWN Sp4 Town ale So� G ^ • �� 1540 SULLIVAN AVENUE• SOUTH WINDSOR, CT 06074 Solt-co�'� TELEPHONE (860) 644-2511 October 23, 2017 Attorney Lisa Zaccardelli Hinkley, Allen & Snyder LLP 20 Church Street Hartford, CT 06103-1221 Re: Application 17-32P; Brin Accessory Apartment Special Exception, 244 Smith Street, South Windsor Dear Attorney Zaccardelli: I have received your letter of October 12, 2017 regarding the Brin property at 244 Smith Street. I did not personally inspect the property, but Mr. Jeffrey Folger of our office did go out with the Town Chief Building official on September 28, 2017. 1 have attached a copy of Mr. Folger's inspection report. If you have any additional questions, please call me at (860) 644-2511, extension 251 . Sincerely, n o Pamela A. Oliva, CZEO Zoning Enforcement Officer cc: Director of Planning Note to the File: Appl#17-32P-Brin accessory apartment inspection: I accordance with approval conditions#3 and 4 of the Brin Accessory Apartment Application#17-32P Chris Dougan,Chief Building official and I conducted an inspection of the basement bedroom of the Brin main dwelling at 244 Smith St on September 28. 2017. We entered the main portion of the dwelling at 9AM and entered the area currently used as a bedroom on the ground floor of the house. This area is not located within the accessory apartment in question. The room contained a bed,occupied by an adult female,and two dressers on the left side of the room. The right side of the room contained several cabinets,a counter with a sink and a refrigerator. A door exiting to the outside was present as well.as a large window. The result of the inspection was that only one accessory apartment was found on the property. Jeff Folger, Environmental Planner,Town of South Windsor Planning & Zoning Department 1540 Sullivan Avenue Tovm of • • • South Windsor, CT 06074 860-644-2511 x251 860-644-7280 (fax) Fax To: Attorney Lisa Zaccardelli From: Pam Oliva,ZEO Fax: (860) 278-3802 Pages: 2 Phone: Date: 10/23/17 Re: Brin Accessory Apartment CC: ❑ Urgent ❑ For Review ❑ Please Comment ❑ Please Reply ❑ Please Recycle Here is a copy of the letter and inspection report for the property at 244 Smith Street. A hard copy is in the mail. Let me know if you need anything else. Pam MEMORY TRANSMISSION REPORT TIME :10-23-2017 08:11 FAX NO.1 NAME FILE NO. 058 DATE 10.23 08:10 TO 98602783802 DOCUMENT PAGES 3 START TIME 10.23 08:10 END TIME 10.23 08:11 PAGES SENT 3 STATUS OK ***SUCCESSFUL TX NOTICE*** Planning 8e Zoning Department 1540 Sullivan Avenue • South Windsor, CT 06074 860-644-2-511 x251 860-644-7280 (fax) To: AtYornay Lisa Zaccardalij From: Pam 011va,ZEO Fax: (860) 278-3802 Pages: 2 Phones: Date: 10/23/17 Re= Brin Accessory. Apartment CC: © Urgent O For Review O Please Comment 13 Please Reply O Please Recycle Here is a copy of the letter arxcl inspection report for the property at 244 Smith Street. A hard copy is in tl-Ye mail. IJet nrxe know if you need anything else. Pairs