HomeMy WebLinkAbout1 APPL IC:A I IUN I-UK
TOWN OF SOUTH W I N D S 0 R
ZONING BOARD OF APPEALS
1. Application and supplements must be filed in triplicate.
2. Application must be typewritten or printed in ink.
3. Answer all items, with particular attention to Page 3.
4. Application must be delivered to Chairman or Secretary no later than 15 days prior to first Thursday of each )ronth.
Submit application as soon as possible because it will be returned if incomplete or not described satisfactorily.
5. The applicant or his representative must be present for the Board Meeting (time and place to be advised).
TO BE COMPLETED BY BOARD
Applicant .S. .HARRY. L. WAIU$ AND. EDITH —. W411ES. . . . . . . . . . . Filed . .7.?9/Z?T
E1
Mailing Address Q/Q. k:DWIN A I4$WN.9, ,111 Pearl Street, . . . . Fee �O. .4'.� . . . . . . . . .
Hartford, Connecticut.
Receipt No. 79.7 . . . . . . .
Is applicant a corporation, co-partnership or individual? Individua Is
If corporation list names of officers, if co-partnership — owners:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Is applicant owner, lessee or prospective tenant? . . . . . . . . . QVnler.s. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Check one of the following:
REQUEST VARIATION OF ZONING ORDINANCE: To vary Article . . . . . 5...2 . . . . . . Section . . 5. . . . . . . . . .
to allow . the opertation of a Swim Club with related facilities on a lot with
less than required
❑ OR SPECIFIC EXCEPTION OR ❑ APPROVAL UNDER Section• • • • • • • • • • • . • • . . . . . . . . . . . . . . . .
toallow . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
❑ 0 AN APPEAL FROM THE BUILDING INSPECTOR'S DECISION INVOLVING . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
❑ OR STATE HEARING UNDER 14-322 OF THE GENERAL STATUTES FOR . . . . . . . . . . . . . . . . . . . . .
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OR TEMPORARY AND CONDITIONAL PERMIT UNDER SECTION 10.4.1(d) . . . . . . . . . . . . . . . . . . . . . .
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on premiseg_kww �lo
s the rea and East. of. Foster .Street. . . . . Zone . . . . . . . . . . . . .
e �b�i���o��. � ET AND NUMBER)
OwneF of property . .HARRY. L.. WFIUS .AND. ZDJXR .W, . Address Q/P. FD,WIN ,A s ,LA$5NAA . . . . . . .
WELLES —1— 111 Pearl St, Hartford, Conn. 06103
State the particular hardship or unnecessary difficulty that prompts this application:
The land cannot be reasonably utilized without access from
Foster Street , all .of the frontago .on Foster Street having been
. . . . . . . conveyed .out.priQr. .to. .the .present, Zoning.Regulra.tions . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(Continue on Page 4)
Signature of applicant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
or
This application was executed by . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
EDWIN A. LA Attorney ccubdkorindtUxt
in behalf of. NO Y .1 . .W91, AND .41?ITH,W. WELLES
(Applicant)
Liquor Outlets Within the Restricted Area:
Locations and Distances from Location in Question:
Liquor outlets listed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . .
Distances listed by . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . Date . . . . . . . . . . . . . . . . . . . . . . .
—2—
Indicate plot by diagram, photographs and/or letters, in space below, showing streets, lot lines, building line, zone
boundary lines, dimensions and buildings present and proposed. It is important to include adjacent properties with dis-
tances from subject property.
In case of structural changes or new structure blue print or drawing made to scale must be submitted with this application.
ACTION OF THE BOARD
at the meeting held on
. . . . . . . . . . /3. 0
GRANTED DENIED
c. e,P,,
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Restrictions: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
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—3—
July 29, 1970
Mro Edwin A. Lassman
Ill Pearl Street
flartfordt Connecticut
Dear X. Lassman:
Your applications to the South 'Windsor "Zoning Board of
Appeals on behalf of Catherine D. Kaiser and Harry L.
and Edith IV. Weller will be heard at a public hearing on
Thursday, August 13 1()70. at 8 P-r-- in the Council
Chamber of the Bout -aindsor Town 11;il, 1540 Sullivan
Avenue*
You or someone representing these persons must be presents
ft
-�ncjosed are receipts for the application fees of 430 each.
Very truly yours,
Shirley R. 3tewart
Secretary
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561 poster ;tree t
South Windsor, Connecticut
August 11, 1970
South Windsor Zoning Board of Appeals
Town Hall
South Windsor, Connecticut
Gentlemen:
On June 30, 1970, the Planning and Zoning Commission approved
the application to build a private swi club on property off
Foster Street and Deelzebub rtoad, owned by Harry L. Well.es and
Faith AY. Welles. This was done in spite of c. petition opposing
the Swiiii Club which was signed by sixty two residents of Poster
Street and Beelzebub Road. Since that date eighty residents of
Foster Street and Beelzebub Road with others as far as stye Street
have contributed to retain an attorney to appeal the decision
of the Planning and Zoning Co;m-_►ission.
It has always been Fry understanding that the Purpose of the
Planning and Zoning Comiission and the Zoning Board of Appeals
eras to serve the best interest of the town as a whole. The
Planning and Zoning Commission did not serve this purpose by
their apDroval of the S�;ire Club-application.
They only advantages to the Swim Club are:
1) The private membership of one hundred fifty families will
have a self governed recreation area,
2) The town will be relieved of the financial burden of providing
similar facilities for these one hundred fifty families. s
However,. one hundred fifty families represent less than 4j'o of the
total town population. mien you consider the relatively small
percentage of the town budget which is allocated to recreation,
it becomes obvious that the savings in tax dollars will be
negligible.
All the follo;°ring disadvantages will be borne by the residents
in the vacinity of the Swim Club location:
1) increased danger caused by the pool to children during those
periods when it is unattended,
2) increased automobile traffic, with the associated increased
danger to children,
3) loss of property value, especially to thoseresidents adjacent
to the proposed pool property and the access road which is
to be elevated,
4) increased noise; it is impossible for that Many families. to
get together in any one location quic '.ly,
5) increased litter,
6) loss of privacy due to tresspassing by children using a "short
cut" to the pool; fifty percent of the members of the Scrim
Club live in Birch still,
7) coim,.iercializationof the area.
Unfortunately, maximum usage of the Swim Club will coincide with
the warm summer days and nights when area residents are more
prone to seek the peace and quiet of their patios and lawns.
Purtherhiore, since the Swim Club is a private club it can operate
any hour of the day or night.
I
Although the Planning and Zoning Commission has stipulated certain
restrictions, it should be noted that restrictions are not in any way
enforceable by law. I have spent many hours debating the severity of the
above disadvantages with members of the &rim Club, however, these
discussions have proved futile. .c-l.11 tii.-t is certain is that these
disadvantages will be borne by the surrounding residents to some degree.
To a degree that is untirarranted and unnecessary. To a degree that myself
and others are willing to take all legal measures to prevent the SNYim
Club from obtaining the use of the current proposed site.
I want to malke it clear that I aid not opposed to the idea of
a private swim club; Iara opposed to the proposed location of the club, and
to the proposed location for their access road. There are many available
acres of land throughout the town of South ti;incisor lrhi ch are not
adjacent to residential homes. If they built the swim club in those
non residential areas, they would h::,ve the same advantages but without
the inherent disadvantages to the surrounding neighbors. For this reason, I
feel that the ;Swim Club lacked. discretion in its choice of location, and
the Planning and Zoning Commission was remiss in its duty by approving
the location. The Planning and Zoning Commission catered to the pleasure
of the 31-Tim Club at the expense of the area residents.
For all the reasons I have stated above, I feel that the Zoning
Board of Appeals should not grant the variance of section5.2 requested by s
Edith 11. Welles and Harry L. Welles to allow the operation of a Seim Club
with related facilities on a lot with less than required frontage,
on premises to the rear and east of Foste-r Street and to the rear and south
of Beelzebub Road.
Yours truly
1
Joseph A. Costa
580 Foster Street
South Windsor, Conn, 060?4
August 12, 1970
Zoning Board of Ap*oeals
South y°lindsor, Conn.
Gentlemen:
My wife and I want to go on record as being opposed to the South
t151inds or Swim Club 's application for a variance in frontage on
Foster Street.
At the Planning and Zoning Commission's meeting of June 16th,
I stated that I was in the process of buying the home at 580
Foster Street. %Ile have been residing at this address for the -past
year. Since the June 16th meeting our plans for t)urchasing this
home have come to a halt ~-ending the outcome of the variance
application. One of the reasons why we want this home is because
of the privacy. If this variance is granted, the swim club 's
road would be less then 50 feet from the right hand side of our
house. According to newspaper articles, this proposed road, to
be on a level with Foster Street must be elevated approximately
5 to 6 feet above the level of our yard. If this is the case,
this road would eliminate all privacy due to the height of the
road and the elimination of natural foliages not to mention a
potential flooding rroblem during the spring thaw and summer rain
storms. In a conversation with the engineer for the swim club,
I learned that this road would have a gravel surface which would
create a dust problem with the ;gassing of each car. Although
the swim club might agree to put a hard surface on their road,
as DI.r. Carino, chairman of the -'ZC, minted out at the June
meeting, once the club has received permission to put in this
road, no one will have jurisdiction to enforce any of their
promises. Another problem would be litter -plus the danger of
fare to the heavily wooded area behind our home. I'm also sure
that we would have trespassers using the yard as a short cut to
the club. The swim club's talked a good deal about their buffer.
On many occasions we have heard our neighbors on Beelzebub Road
and yet the swim club insists that the buffer of trees and brush
will contain the noise of several hundred people. Observation
( 2)
Zoning Board of A'opeals August 12, 1970
of similar clubs shows inevitably that alcohol will be a part
of the activities for some of the members with its accompanying
dangers resulting from intoxication. The swim club has stated
that generally not more then 50% of the members would be at
the club at one time. I know from past experience that on hot
weekends and holidays, capacity at other swim clubs is usually
close to 125% with members and their guests.
',Ve think that we have covered most of the major objections and
we feel that this road at this location would depreciate the
value of our ,ororerty and cause discomfort for our family due
to noise, littering, dust, drainage problems and lack of privacy.
Yours truly,
I
Gary and Lynn s
Aucust 14, 1970
CERTIFIED MAIL
Har L, and Edith W* Welles
c/o rldwin A* Lassman
111 Pearl Street
Hartford, Connecticut
Dear Mr. and ixe. Welles.: Al2MI iM
This in to notify you that your application to the South
Windsor Zoning board of Appeals requotting a variance, to
allow the operation of a Swim Club with related facilities
on a lot with lose than required frontago on promises to
the roar and *&at of Foster Street, has been denied.
The Board voted to deny this application for a variance as
sufficient hardship has not been shown by the property
owner, and the request for the 50 toot right of way is not
th only relief available to the property owner and Is, of
itsolf, questionable in terms of possible detriment to the
adjacent area.
Very truly yours,
Joel C. Cohan
Chairman