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HomeMy WebLinkAbout103 Palmer Drive (4) TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION IPLANNING AND ZONING COMMISSION ACTION THIS APPLICATION SHALL BE ACCEPTED BY APPLICATION # / 2 THE PLANNING AND ZONING COMMISSION AT RECEIVED DATE: -1 --72 THE REGULARLY SCHEDULED MEETING ON THE APPROVAL DATE: FOURTH TUESDAY OF THE MONTH. IT SHALL REJECTED DATE: BE SUBMITTED TO THE PLANNING AND RECEIPT # 4`7/ ZONING COMMISSION OFFICE ONE (1) WEEK PRIOR TO THE FOURTH TUESDAY. APPLICANT: 61; Q M ADDRESS : TE LE PHONE # OWNER OF RECORD ON S.W. LAND RECORDS ADDRESS : COMPLETE DESCRIPTION OF LO ON OF PROPERTY 'Awl ZONE NAME, ADDRESS & TELEPHONE # OF PERSON TO WHOM CORRESPONDENCE AND INQUIRIES SHO BE DIRECTED: TE LE PHONE THIS APPLICATION IS FOR: (CHECK ONE OF THE FOLLOWING) 1. Zone Change to Zone (public hearing) 2. Filing for Subdivision 3. Filing for Open Space Subdivision (public hearing) 4. Filing for Resubdivision (public hearing) 5. Special Exception to Articled. of the Zoning Regulations (public hearing) 6. Site Development Plan 7. Removal of Sand, Gravel, Clay or Quarry Stone & Ore (public hearing) 8. Other (explain in detail) THIS APPLICATION MUST BE SIGNED BY THE APPLICANT AND THE OWNER OF THE PROPERTY AND SUBMITTED ALONG WITH THREE SETS OF PLANS BEFORE IT WILL BE ACCEPTED THE PLANNING AND ZO G COMMISSio a �w APPLICANT OAR (over) PROCEDURES TO BE FOLLOWED WHEN SUBMITTING THE APPLICATION: 1. Applications must be filed in triplicate. The applications shall be typed or neatly printed. 2. Maps and plans, as defined in the applicable regulations, shall be submitted in triplicate with the application forms . 3. An application fee of $25. is required for filing items #l,--#5 and #7. 4. A subdivision processing fee of $25. per lot ($50. minimum) is. required for filing items #2, #3 and A. 5. A $20. deposit must be submitted with any item requiring a public hearing. This deposit is for_a sigd to be placed on the "property--by the applicant advertising the public hearing. The check will be returned to you when the sign is returned to the Town. 6. Application for Zone Change (item #1) shall comply with Section 11.2.3 of the Zoning Regulations. 7. Application for subdivision and resubdivision (items #2 and #4-) shall comply with the requirements set forth in the Town of South Windsor Subdivision Regulations. 8. Application for an open space subdivision (item #3) shall comply with Section 5.3 of the Zoning Regulations. 9. Application for a site plan of development (item #5) shall comply with Section 4.11 of the Zoning Regulations. 10. Application for sand and gravel removal shall comply with Section 9.3 of the Zoning Regulations. IN ACCORDANCE WITH STATE STATUTES, THIS APPLICATION WILL BE ACTED UPON BY THE PLANNING AND ZONING COMMISSION, OR A PU.3LIC HEARING DATE WILL BE SET WITHIN 65-DAYS OF THE DATE OF ACCEPTANCE OF THE APPLICATION. Dovembor 11, 1975 ' CLP.TIFIED r;AIL E. A. Lacomar, Esq. 111 PeDrl Street - I:3rtford, Conn. , 06103 Dear Fr. Lassman t Re: Appeal 1140. 1079-75 This is to notify you the application of R©�;d D, Cage to the South WindsorZoning Board of Appeols rec�uestin? a variance to Section 3, Article 3.1�+.1 to allow construc- tion of a dwelling without the required 1 o t f ron tD ge on an approved street on premises known as Felt Road, South • Windsor, Zone AA-30, , hos been approved. The current owners, o s repre sented by you , showed at tho vioetin g they have nd fronta:-e on an approved road and have a total of 12 acres of 1Fndlocked property. until the Tovm ' approves the right-of-way, which currently exists as on unapproved street. The Board, felt Mr. Cote' s intended use of this property for a single-fomily dwelling.seems to be ' in character with the neighborhood, jTbis vDirianC'' is not being interpreted to extend to eny ua'%19-not permitted in an �:A-30 zone or extended to ellow the keeps n' g of live- stock.# The house is to be loco�ted cs described on the map subx ed and the poved drivewoy accessing g the house will be centered on the right-of-way, o•s described on the map, ' and maintained by the owner, not the Town. This action is effective lNovember 19, 1975, and upon filing with the Town Clerk' s office. Very truly yours L9 Richerd He Eriksson, Choi�rmon Zoning Hoard of Appeals RH bck • �p� �j C7 4.�1� .` G�C�f l�-G.� /� _� f�•'L--f a�l'�J►^'`�/` �^�"'i G"'ti i��►. � OVI N F4l v •. T-awn ale S-OUIA V&U&ot 1540 SULLIVAN AVENUE • SOUTH WINDSOR• CONN. 06074 soe-CO AREA CODE 203/644-2511 January 9, 1980 John Woodcock, III,Esq. 1678 Ellington Rd. South Windsor, Conn. 06074 Dear John: Re: Carol A. Sheridan - 103 Palmer Drive, AA-30 zone In accordance with our telephone conversation I am enclosing a copy of the Minutes of the Zoning Board of Appeals meeting held on November 6, 1975, and a copy of the Board's approval letter, which both state "this variance is not being interpreted to extend to any uses not permitted in an AA-30 zone, or extended to allow the keeping of livestock". As you know, Mrs. Sheridan now wishes to get a Special Exception to allow her to keep a horse on this property, and a question was raised at the public hearing that when the variance was granted it was conditioned upon not allowing livestock. Would you please advise me whether or not we would be in conflict with the ZBA's approval if we granted a special exception to allow Mrs. Sheridan to keep a horse? I would appreciate hearing from you as soon as possible. Yours very truly, PLANNING AND ZONING COMMISSION vg y•B encs. Marshall Montana, Chairman ��W N 8F4 a T-a 01P S ?dzt� wG 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR-Co� AREA CODE 203/644-2511 January 11 , 1980 Mrs . Marshall Montana, Chairperson Planning and Zoning Commission Town of South Windsor 1540 Sullivan Avenue South Windsor, CT 06074 Dear Mrs . Montana : In response to your letter of January 9, 1980 seeking my legal opinion with regard to the issue raised therin, I respond as follows : 1 . The distinction between a variance and a special exception/permit is well established in Connecticut Case Law. "Speaking broadly, then, a variance is authority extended to the owner to use his property in a manner forbidden by the zoning enactment . An exception, on the other hand, allows him to put his property to a use which the enactment expressly permits . " Mitchell Land Co . v. P & Z Board of Appeals of the Town of Greenwic 140 Conn. 527 , 532 1953 Under the South Windsor Zoning Regulations Section 4 . 2 . 8 and 4 . 1 . 9, the authority to approve a Special Exception for a use such as that applied for in this case, is specifically given to the Planning and Zoning Commission. The Regulations comply with the requirements of Connecticut General Statutes Annotated Section 8- 2 and Section 8-3c, which allow a Town Zoning Regulations to specify which Commission or Board will have such authority. Pursuant to Connecticut General Statutes Annotated Section 8-6 , the granting of a variance is specifically within the authority of the Zoning Board of Appeals . It must be kept in mind, as stated above, that these two powers are separate and distinct. The Zoning Board of Appeals , by granting a variance, cannot impose on or restrict the authority of the Planning and Zoning Commission to approve an application for a Special Exception. The use permitted by a variance is one not contemplated by the Zoning Regulations in the zone involved, whereas , the use permitted by a Special Exception is expressly allowed by the Regulations after gaining Planning and Zoning approval . The confusion in the present case stems from the fact that, at the time the Zoning Board of Appeals rendered it ' s opinion in 1975 , keeping a horse on property in an AA-30 zone was not a permitted use. A Special Exception or permit could not have been obtained at that time to permit such use ; the permission necessarily had to be by a variance from the Zoning Board of Appeals . SOW N SFq co T-a O-Ps 7&0� C � 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 SOR•Co� AREA CODE 203/644-2511 However, under the Amended Regulations as adopted September 14 , 1976, "the keeping of horses or ponies for personal use" is a permissible use in an AA zone if approved by the Planning and Zoning Commission as a Special Exception. Regulations Section 4 . 2 . 8 . For the above stated reasons , it is my opinion that the Planning and Zoning Commission would not be in conflict with the Zoning Board of Appeals approval of a variance for the property at 103 Palmer Drive, South Windsor, Connecticut, if it allows a Special Exception for the keeping of a horse at that location. Ver F u y yours ., John oodcock, III Town t orney JJW:djg cc : Donald McLaughlin, Zoning Enforcement Officer pow N seat O � wG 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 Oe•c0 AREA CODE 203/644-2511 February 6, 1980 William Grace, Esq. 435 Buckland Road South Windsor, Ct. 06074 Dear Bill: Re: Carol A. Sheridan - Special Exception The Commission voted at its February 5th meeting to approve the application of Carol A. Sheridan for a special exception to Article 4.2.8 of the Zoning Regulations to keep a horse for personal use on property known as 103 Palmer Drive, in an AA-30 zone. Said approval is conditioned upon the construction of a small drainage facility behind the corral, subject to the approval of the Town Engineer. Yours very truly, PLANNING AND ZONING COMMISSION By: � > vg Marshall Montana, Chairperson CC: Mr. J. Page 40w N 0 w T-Owtl O-P S-C�U� ?dzt�' � U cd 1540 SULLIVAN AVENUE . SOUTH WINDSOR, CONN. 06074 w OR•c0 AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL-INQUIRER SATURDAY, FEBRUARY 9, 1980 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION At the February 5, 1980 meeting, the Planning and Zoning Commission voted to take the following action: 1. Approve, with conditions, the application of Carol A. Sheridan, 103 Palmer Drive, for a special exception to Article 4.2.8 of theZoning Regulations for the keeping of a horse for personal use on property located at 103 Palmer Drive, in an AA-30 zone. Dated at South Windsor, Connecticut this 6th day of February, 1980. PLANNING AND ZONING COMMISSION Marshall Montana, Chairman Raymond F. Hallowell, Jr. , Secretary 97 Palmer Drive South Windsor, Ct. 06074 Feb. 6, 1981 Mrs. Marshall Montana Chairman, Planning and Zoning Commission South Windsor Town Hall 1540 Sullivan Ave. South Windsor, Ct. 06074 Dear Mrs. Montana, Enclosed is a copy of a letter sent to Mr. Peter DeMallie, Acting Zoning Enforcement Officer, regarding the keeping of horses at the Sheridan residence, 103 Palmer Drive, South Windsor, Ct. This is for your information and records. Very truly yours, John H. Young 97 Palmer Drive South Windsor, Ct. 06074 Feb. 6, 1981 Mr. Peter DeMallie Acting Zoning Enforcement Officer South Windsor Town Hall 1540 Sullivan Ave. South Windsor, Ct. 06074 Dear Mr. DeMallie, This is to confirm our telephone conversation last week regarding two or more horses being corralled at the Sheridan residence, 103 Palmer Drive, South Windsor. Two horses were seen in the corral on Sunday, Jan. 25, 1981. This matter is being called to your attention because it is my understanding that permission had been granted to corral only one horse at the Sheridan property. I had also been told by Mr. McLaughlin last summer that a request to corral additional horses by the Sheridans was withdrawn with the understanding that the second horse being corralled there would be removed and that no further attempt to bring in additional horses would be made. I was given the impression that Mr. McLaughlin had or was to receive correspondence from the Sheridans on this matter. For that reason I dropped further inquiry until now when the additional horse was seen. +•' I would appreciate it if you would do the following; (1) review Planning and Zoning records to ascertain the number of horses permitted at the Sheridan property; if only one is permitted, (2) verify the existance of additional horses on the property and take action appropriate to the situation. It might be pertainant at this time to verify compliance with side line clearances, etc. , as required to corral horses per zoning regulations. Please contact me if you have any questions, @ 289-8022 or 644-0662. Am looking forward to your reply. Very truly yours, John H. Young CC. Mr. Richard J. Sartor, Town Manager, South Windsor Mrs. Marshall Montana, Chairman, Planning and Zoning Commission A0*N SC4 O � T-awl-I Ole slsw� 1540 SULLIVAN AVENUE + SOUTH WINDSOR. CONN. 06074 r�oSOR-CO AREA CODE 203/644-2511 February 26, 1981 Mr. Robert Sheridan 103 Palmer Drive South Windsor, Ct. Dear Mr. Sheridan: Re: Keeping of Horses This letter is to confirm our telephone conversation of ` February 18, 1981, in which you indicated that Wu now have two horses on your property, one more than authorized by the Planning & Zoning Commission, and that you would be selling one horse within the next few months. As per our conversation, you are aware that the keeping of two horses is prohibited except where special exception approval has been granted under Section 4. 2.8 of the South Windsor Zoning Regulations. Accordingly, you are hereby ordered to either 1) . remove the second horse on or before May 12, 1981, or 2) . apply for a Special Exception permit from the Planning & Zoning Commission on or before May 12, 1981 . I trust you will remedy this condition per the above schedule. Kindly apprise this office of your actions. Sincerely, TOWN OF SOUTH WINDSOR Peter R. DeMallie Acting Zoning Enforcement Officer PRD/ml cc: Marshall Montana, PZC Chairman Richard J. Sartor, Town Manager Bertram King, Acting Building Official 16pW N sCOY f O 1540 SULLIVAN AVENUE SOUTH WINDSOR. CONN. 06074 l��soR•co AREA CODE 203/644-2511 TO BE PUBLISHED IN THE JOURNAL INQUIRER THURSDAY, March 18, 1982 THURSDAY, MARCH 25, 1982 LEGAL NOTICE TOWN OF SOUTH WINDSOR PLANNING AND ZONING COMMISSION Notice is hereby given that there will be a public hearing of the Planning and Zoning Commission on Tuesday, March 30, 1982, at 8:00 P. M. in the Council Chambers of the South Windsor Town Hall, 1540 Sullivan Avenue, South Windsor, to consider the following: 1. Application of Carol A. Sheridan, 103 Palmer Drive, for a special exception to Section 4.2.8, keeping of horses, in an AA-30 zone. A copy of this application and map more clearly defining the property is on file in the Office of the Town Clerk of theTown of South Windsor. At this hearing, interested persons may appear and be heard and written recommendations will be received. PLANNING AND ZONING COMMSSION Marshall Montana, Chairperson Raymond F. Hallowell, Jr., Secretary