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HomeMy WebLinkAbout201 Nutmeg Rd S Variance ti D1 f r e e�FS J•R ; TOWN OF SOUTH WINDSOR 3 'y'= :: ZONING BOARD OF APPEALS APPLICAT[,QN_¢"�,p,'- i VARIANCE Application # � ® APPEAL OF ZONING ENFORCEMENT/DECISION pate Rec'd - -1 i Applicant: Al-_) AFC' �Zr i_ 5 Utz..._._� L Address: 4D bW"' MAC- 4ALIC `TL>/,-64MO �'i Telephone ,�'79 Property Owner: Address: Telephone#: Location of Subject Property in Question: ZQl R,(�D SaQ4 Zone 1. Are there wetlands on the property? YES NO i 2. Is any part of the premises within 500' of town line? YES NO 3. Is this property within the CT Water Aquifer area? YES NO If yes,the applicant must file an application with the CT Water Company and submit copy with their aPAlication. ) Requesting a Variance to Zoning Regulation Section(s): 'n l , j Written Description of the variance request or Appeal of Zoning Enforcement Order/Decision: (Attach additional sheet if needed) J 4. S CQV I _2C "QZAArt6 hJ1-4r,9A` Cay(r A8 k: �JQ �l LLNLI,ke �5 For Variance request only: 1. Strict application of the regulations would produce UNDUE HARDSHIP beca>�` e c�? l SL)OL)IV IS(01A eAl4-. 2. The hardship created is UNIQUE and not shared by all properties alike in the neighborhood because s D U g 3. The variance would not adversely impact neighboring property; i.e. public health, safety, convenience, welfare and property value, because WuLL iSFE C144idGZ—Z)J c� y1Ar CigJ Applicant's Name (please print) _ RcLn 1 Signature -a' L Date Property Owner's Name (please print) � Signature .' -ham— Date DO NOT WRITE BELOW Action of the Board: 0 Approved 0 Denied Date Date Approved: Denied: Effective 5/1/07 Town GIS Pin# l�� i�j Hale Realty LLC Macy's Retail Holdings LLC Alvarez Associates LLC P.O. Box 300 7 West Seventh Street 223 Nutmeg Road , Manchester, CT 06045 Cincinnati, OH 45202 South Windsor, CT 06074 S&S Properties of CT LLC Town of South Windsor 164 Bull Hill Road 1540 Sullivan Avenue Colchester, CT 06414 South Windsor, CT 06074 November 13, 2018 CERTIFICATE OF MAILING Dear Property Owner: Re: Nutmeg Properties of CT LLC 201-205 Nutmeg Road South, South Windsor, Ct. In accordance with Rules and Regulations of the Zoning Board of Appeals,you are hereby notified that an application has been filed on the property abutting yours at 201- 205 Nutmeg Road South and is subject to a hearing by the Zoning Board of Appeals. The application and plans are on file with the South Windsor Planning Department. All members of the public are invited to the hearing to ask questions and/or give comments. You may also submit written comments regarding the application prior to the hearing if you so desire. For further information regarding the specific date this application will be heard please contact the Planning Department, 860-644-2511, ext. 329. Sincerely, Nutmeg Properties of CT LLC 40 Donna Mae Lane Tolland, CT 06084 Page 1 of 9 0898 Special Warranty Deed THIS DEED, is made and entered into as of February 28, 2011, from SOUTHDALE STORES L.LC, a Delaware limited liability company,as successor my merger to Nutmeg Acquisition Corporation, as Grantor, with a mailing address at 7 West Seventh St., Cincinnati, OH 45202, attention: Real Estate Dept.,to NUTMEG PROPERTIES OF CT, L.L.C, a Connecticut limited liability company,as Grantee,with a mailing address at 84 Hopyard Road,Stafford Springs,CT 06076, Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable considerations paid by Grantee to Grantor, the receipt of which is hereby acknowledged, does by these presents BARGAIN AND SELL, CONVEY AND CONFIRM unto Grantee that certain real estate situated in the City of South Windsor, County of Hartford,State of Connecticut commonly known as 201-205 Nutmeg Road South, South Windsor, Connecticut and which is legally described in Exhibit A attached hereto and by this reference made a part hereof (said real estate being hereinafter referred to as the"Property"). TOGETHER WITH all buildings and other improvements located thereon and all rights, privileges, easements, hereditaments and appurtenances belonging thereto or inuring to the benefit thereof. SUBJECT, HOWEVER, to: (1) all matters of record affecting the Property or the improvements thereon and matters that would be disclosed by a survey; (2) current taxes and assessments; and (3) TO THE MAXIMUM EXTENT PERMITTED BY LAW, GRANTEE, FOR ITSELF AND ITS AFFILIATES, WAIVES ANY RIGHT TO SEEK CONTRIBUTION OR OTHER RECOVERY FROM GRANTOR, OR ANY OF ITS AFFILIATES. THAT GRANTEE OR ANY OF ITS AFFILIATES MAY NOW OR IN THE FUTURE EVER HAVE UNDER THE ENVIRONMENTAL LAWS CONCERNING ANY ENVIRONMENTAL CONDITION OF THE PROPERTY. GRANTEE, FOR ITSELF AND ITS AFFILIATES, FURTHER UNCONDITIONALLY RELEASES GRANTOR AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS, AND CAUSES OF ACTION THAT GRANTEE OR ANY OF ITS AFFILIATES MAY NOW OR IN THE Hon M— FUTURE EVER HAVE AGAINST GRANTOR OR ANY OF ITS AFFILIATES FOR ANY ENVIRONMENTAL CONDITION OF THE PROPERTY, AND GRANTEE SHALL, AFTER CLOSING, BE SOLELY RESPONSIBLE FOR ANY REQUIRED ENVIRONMENTAL REMEDIATION ON THE PROPERTY. Grantee hereby agrees to the same by its acceptance and �� recordation of this Deed; MOM TO HAVE AND TO HOLD the same unto the Grantee, its successors and assigns forever, together with all rights and appurtenances to the same belonging, subject to encumbrances of .8mm record. a MA Grantor hereby covenants that it and its successors and assigns shall and will WARRANT AND DEFEND the title to the Property unto the Grantee, its successors and assigns forever,against �-- the lawful claims of all persons claiming by, through or under Grantor,but not otherwise. Signed and acknowledged in the presence of- SOUTHDALE STORES LLC, ` tl a(n) Delaware limited liability company sign of fitness No. Print Name of Witn ••No.1 B P-1" $ -- L"L — signatu c f Witness o 2 Name: Carl L.Goertemoeller __ Title: Senior Vice President Printed Name of Witness No.2 CONVEYANCE TAX RECENED cof STATE$-1( 3 LOCAL 11 576902-.1.DOC ` _ 2 !� TOWN{CLERIC OF SOUTH WINIDSOR 3 Book: 2172 Page; 62 File Number: 00898 Seq: 1 Page 2 of 9 YK211.2 FACE OQb3 State of Ohio }ss. County of Hamilton ) On this A-- day of February, 2011, before me, a Notary Public, in and for said state, personally appeared Carl L. Goertemoeller, Vice President of Southdale Stores, a Delaware limited liability company, known to me to be the person who executed the within special warranty deed in behalf of said corporation and acknowledged to me that he/she/they executed the same for the purposes therein stated. �� at��tinttttrtgr�� A L , �•,, s Notary Public .��'� o••"""•'+, q'+, ELIZABETH J. HAASS � os"o\l�l/1,,/,�•;c" Notary Public,State of Ohio zr Print Name: #Ay Commission Exoirec Ana.26 7.012 My commission expires: _ �,.� .+ .• OF t171tttt13i3 576902_1.00C Book: 2172 Page: 62 File Number: 00898 Seq: 2 Pilge 3 of 9 V 9 L 2 V I mp .O � Exhibit A to Deed A certain piece or parcel of land with the buildings and improvements thereon,situated in the Town of South Windsor; Couwy of Hartford and State of Connecticut,on the northerly side ofNut,neg Road South and being known and designated as Lot No.22 on a snap or plan entitled, "Parkcentre Resubdivision Plan Property of& I. Savin, Hartford Jewish Federation & Savin Brothers,, Inc. South Windsor, Connecticut (5•493200) Palmberg & Russo Land Surveyors & Professional Engineers 15 Barbel Pond Road Bloomfield,Connecticut. Scale 1"—M, Date I- 24-86 Sheet 2 of 5," which trap is on file in the Town Clerk's office in the Town of South Windsor. NORTHERLY- by land now,or formerly of May Dept. Stores Co., Inc. 333.34 feet; EASTERLY: by Lot 23(Peterson)as shown on said trap,258.46 feet; SOUTHERI..'Y: by Nutmeg Road South,395,99 feet; and AESTERLY: by Land now or formerly of Leonard Saffir,237.73 feet. RECEIVED FOR RCnRD ap I 1--k,i 1'f ) , o �s m t;EI'1 7MED IN S� H%INDSOR, .* 576902 4.DOC Book: 2172 Page: 62 File Number: 00898 Seq: 3 PROP. EDGE. OF 5' OF EXIST. GRAVEL. GRAVEL NSF Map Re_ ferences_ a, TO BE -REMOVED M•acy's Retail Holdings LLC 1. Parkcentre Resubdivision Plan Property of Hartford Jewish LJ Federation & Savin Brothers. South "Windsor Connecticut 1-2¢-sg W By Palmberg & Russo; 6.6T""_' .�.;6°16'20"E 333.34' ;2. Proposed Addition Prepared, for Pe ' Z `3 �' -- --- P ter D Engenis Nutmeg Road W t- , o .�... South' South Windsor CT 2-8-89` rev. 5-15-89 No.88i48 166.67'. U � o v ---- --- By Palmberg &'Russo; (%� C7 N o O > Plan showing Easement. To Be Conveyed to Metropolitan District } ro GRAVEL Water Bureau Nutmeg Road South South .Windsor CT 4-30-86 W Li a u�' CONC. PAD 1 By Palmberg & Russo; _ CO STAIRS � '. 75'REAR LJNE Q O ca O O CONC. o o PAD ote s ° ? j f T CHAIN LINK x 1 c J �L Deed Reference; Special .Warranty Deed Southdale Stores r j ri FENCE Nutmeg Properties: of CT, LLC Volume 2 LLC to BOLLARDS a South 1 of 72 Page 62 the Town. PROPOSED s f S th Wind or Land Records; E_ 2. Parcel not located in a Special Flood Hazard N STAIRS • PROPERTY LINE Zone, (1% Annual BIT. Chance 'of Flood} FEMA panel' no. 08003C0378F Effective Date PVMT. 9-28=2008 B/T. . 3. Horizontal datum NAD83 Elevations based on NAVD 88. o PVM7: o 4. All underground utility locations on this Ian. areapproximate Lot 4-22 0 f without and y not be complete. Anyone using this information Lot- 4-22A verifying the locations does so at their own risk. No 201 Nutmeg Road South Q `' o z construction will be done on this site riot to utility Area = 46,600 s. 205 Nutmeg 'Road South P mark out, TRANSFORMER 1.07 Ac. Area, = 4),447 s f. Call Before You Dig 1-800--922-4455 . 0.95 Ac. ' f a c STAIRS . `` TRANSFORMER W 11.7�• RAILING ��' o L31' I ` -- - STAIRS `-----_-- _- - =---= _ STAIRS RAILING ]"S&S Properties South, LLC z` ! I _ -. - - sT,alRs a M ! CONC. PAD j I ' S M I IE 1 NIP ' w � :GAS METER ► i . E 1 131' 1i st Alvarez Associates � i i GAS METER - . CS A Exist. BUILDING LEGEND . E , 201 NUTMEG ROAD SOUTH ch E w EI ' EXISTING UTILITY HANDHOLE . -0- EXISTING, UTILITY POLE c� EXIST. BUILDING EXISTING "LIGHT POLE ( E 205 NUTMEG ROAD SOUTH — —11G--. — ' 1 0 EXISTING UNDERGROUND UTILITIES EXISTING`:WATER GATE BIT • ! DRIVE i � C, EXISTING- HYDRANT —w— EXISTING: WATER LINE EXISTING; GAS GATE 12.Of ss' 12.1' 13' , . 1. ' I Gam' EXISTING GAS LINE I I 12 12.1 ' 12' -„3 5, r EXISTING CATCH BASIN EXISTING I CONCRETE SIDEWALK M SEWER 20 Tf 20.4'tl 13' EXISTING SANITARY ARY MANHOLE . CONCRETE SIDEWALK f3 - r s s' f - j . / 12 12' �$� 12' 1. ' f3, { EXISTING SANITARY SEWER ss' 11.T EXISTING SANITARY LATERAL ! I 2 t { GONCRE7F SIDEWALK , EXISTING ;SIGN .. ( i XISTING IRON PIN (FOUND) E I ® G MONUMENT (FOUND) - f EXISTING BIT PROPOSED IRON PIN (TO BE SET) c� RVMT. g cs BIT I ( PVMT. ( I i ! 35'eU)LDIN use I ! + REVISIONS U ! /. " DELTA=23°32'04" IDAD BY: LF/RS/TRC CHIC: dEU LP c ' ' I R•�254.00' 1 , FND ! E E L=108.44' ca I . [ ZONE INDUSTRIALUIRED {I) f I. S G „ I LOT AREA 30,000 S.F. 88,047 SF Io I BUILDING LINE 35• 59 71* --W- 56.24' I FND SIDE LINE. 10' 11.fi f ° . �. REAR LINE .. , I j M74 17 a f. . 25 109.2'f 5' DELTA-18°56'.1 B» i i - UG _ _ ---- .� UG -- -` - uc -- — _ BUILDING COVERAGE 50X 20.5tX R-264.00+ I uG — -- UG-- — -- �G — IMPERVIOUS COVERAGE 65% — — UG— 68.4±% ( �j ' tUG� r G G G G __ G DELTA=-74°42'35" r E G _` _` G ---- , R=60.00' ! / Uc SIGN �� , ._ -- W. - OUTH `6 L-78.24' ( UG ' BIT i w w `� �` w ' E'I w - - LOT AREAQJIRED APPROx: LOCA77ON Exlsr. " 30,000 S.F. 88 047 SF 4fi 600 SF ! E E BUILDING UNE 35 Ci '^ UNDERGROUND U77LI77ES �� ' � � ' � CJ `� G {' �- '� T o at d ' ' u' SIDE LINE 59.7 f 61.8'.+ o ( , EASE. NT D AS SHOWN ON E • 4 LTA=4z z8 zz E t t 10� 11.fi t 11.7 f � - ! fAP REF #9 & _#3 / ��. I w�� R—z64.00' Nutmeg ROCLCLT EE REAR LINE- 25 SOuth, E E BUILDING COVERAGE 109.2 t 109.2'f' Q p IN..FAVOR OF MDC `-. 50X 20. t Q �G i 'I i L=195.70' E E 5 % 19.3*x `N Vol. 451 Pg, 191 ,, IMPERVIOUS. COVERAGE fi59 fi8.4t% ! - ---- ---- j % y r 41 _. —_ — — — — L VN - — — `_ w — - W � w ___ __-___ --_-----------_-__-- 3 -- l 1 LOT AREA PRnpnSEn p O APPROX. LOCA7TER + BUILDING UNE . 88,047 SF 41 447 SF � � 3o,00v •s:F. cy MOH. EXIST' WA + ' � • 35 . 59:7 f 59.7't FND , �i + -- —__ SIDE UNE 10' 11.fi'f o / +� y REAR LINE 11.6 f + ` BUILDING COVERAGE. . 25 109.2't 115.4'f IMPERVIOUS 50X 20.5fX 21. 0 0 c — c _. -� S COVERAGE : 65X •. 68.4fX 71.2tX \ c�; APPROX. LOCA77ON DELTA-127"54'28\ j.• `EE EXIST. GAS R=25.00' \� L-55.81' E E a. Cn 41 z Co 00 Variance Plan CD 0 TO,THE BEST OF MY KNO GE AND BELIEF THl MAP IS SUBSTANTIALLY.CO R CT AS NOTE DATE CrRH� SCALE This survey and map has been prepared in accordance D HE 0N. v zo o �o zo as with ;Sections 20-300b-1 thru 2Q-3Qob-20 of the 11--12-18 Regulations of Connecticut State Agencies -- "Minimum Standards for Suiweys and Maps in .the Connecticut" as' endorsed by the .Connecticut Association of P State of o� c N F.� 00 9E1 band Surveyors, ,Inc.Inc. It is a• P a e ��'' �cT3 SCALE based on a esurve conforming to Horizontal. Class .A 2 & "a Topographic Survey conforming-t -class rve » • T-2. :� �� 1 =20 U { IN FEET } � �e • - 9 JQH NUM_9Fr� This document and copies thereof are valid Only if they bear the live 146 the designated professldnaL Unautha signature and embossed seal 2018-100 rrzed alterations render an declare of o y . ration hereon"null. and void. < N/a8t�s�,yo gpy1N 8fgt Tau� G ' w4 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 rt�SOR.co TELEPHONE (860) 644-2511 Certified #70171450 00013280 6294 December 11, 2018 Karl Isch Nutmeg Properties of CT LLC 40 Donna Mae Lane Tolland, CT 06084 RE: Appl. #2824-18-Variance request for 201-205 Nutmeg Road South Dear Mr. Isch: At the meeting of the South Windsor Zoning Board of Appeals held on December 6, 2018, the Board approved your request for a variance to Table 4.1.6A to allow impervious coverage of 71.2% (maximum 65% allowed) on the proposed lot to be known as 205 Nutmeg Road, on property located at 201-205 Nutmeg Road, Industrial zone. The Board determined the hardships to be the layout of the property due to the configuration of the road and the tight turning radius for tractor trailers when using of the loading dock. Any new building or alteration/additions to existing buildings,requires a building permit prior to start of construction. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, 0- v- Erik Dabrowski, Chairman Zoning Board of Appeals ED/dt cc: Building Department I, Erik Dabrowski, Chairman of the South Windsor Zoning Board of Appeals hereby certifies that on December 6, 2018, the Board approved your request for a variance to Table 4.1.6A to allow impervious coverage of 71.2% (maximum 65% allowed) on the proposed lot to be known as 205 Nutmeg Road, on premises located at: 201-205 Nutmeg Road,Industrial zone, and more particularly bounded and described as follows: NORTHERLY: by land now -or formcrly of M v Dept. Store Co., Inc 3,13,34 feet; EASTERLY:LY: by 1,ot 23 (Peterson)as shown on said map, 258.46 feet; SOUTHERLY: by Nutmeg Road South, 3g5,98 f ; and UTSTERLY: by Lead now or fovwly of Leonard Saffir, 237.73 feet. OWNER OF RECORD: Nutmeg Properties of CT, LLC Dated at South Windsor, Connecticut this 1 lth day of December 2018. Erik Dabrowski, Chairman PUBLIC ACT#75-317 Received for Record this day of 2018 at VOLUME PAGE TOWN CLERK