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Home My WebLink AboutVariance (473) Fee APPLICATION FOR Rec ipt No. 7 TOWI OF SOUTff YilDsOR ZONIM DOAND OF APPEAis U,i, JUL 5 L `' This• application must be submitted to the Planning Department by the sec Friday of the preceding month to insure being heard at the next meeting. ALL MM MST BE ANSVEM AND ALL SUPPL—Mg COST DE SOS UTM. TIM APPLICATION WILL BE Rzrn m IF IICOMILM. The application and supplements must be filed in danlicate• The application must be typewritten or printed in ink. A Class D or better survey of the property in question must be submitted with the application eheriry streets, lc= lince, btiilding lino., zona h^undeary li^.a.. and buildings present or proposed, and buildings on adjacent properties and distance from subject property. - If a variance is being requested, a legal description of the property must be submitted with the application. This description can be obtained from mortgage records. - The sign from the Planning Department must be displayed on the property at least 10 dayc prior to the public hearing in a location visible from all abutting streetsa - The applicant, or a representative, must be present for the public hearing. The time, date and place of the hearing will be advised by mail. - Inquiries on this application may be directed to the Planning Department at the South- Windsor Town Hall./ \ APPLICANT: < �i✓N K �`,rc, US ate . �. �� 7`n 4,�iS /�vr� i�i�l :ili !SAILING ADDRESS OWNER Or RECORD Or PROPERTY IN QUESTION ✓9L LOCATION OF PROPERTY IN QUESTION < - � s�� S'a�/�� .✓ i9 v ro. ZONE OF PROPERTY IN QUESTION CHECK ONE OF THE FOLLOYING: Request Variance to Section 5.A f the Zoning Regulations to allow or state hearing under Section of the General Statutes for D or temporary and conditional permit for 1 or an appeal from the Zoning Officer's decision iavolvint Is applicant a corporation or co-partnership? �',v (If Corporation, submit a list of officers. If Co-partnership, submit aesrst of owners) Is the applicant owner, lessee, or prospective tenant? oVU Are there any liquor outlets within the restricted area? /VO (If yes, submit a list of the liquor outlets, their locations and distances from the proper in question). Is this property within 500 feet of another town line? n/O State clearly the unusual hardship or exceptional difficulty that prompts this application and indicate why other options are unacceptable. (Use a separate sheet of paper if necessary) . A��-a/'L/ / 11 /ylR /l i Yf/Jh) �l� Win/ /9/11J"s-/ 7-AUl Dated this 1 d y of U4-e Year /W- Telephone I o2,59'- 33S�? 7 APPLICANT rcN/��e �.-r I / (Signature) OWNER: .S P Cx�.�` b�Y c i9 3 (Signature) ACTION OF THE BOARD GRANTED JUL 5 1990 DENIED . . �—. •,� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �Y.- . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . .C��. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . THE GENERAL STATUTES OF CONNECTICUT TTTLE 48 ENMNENT DOMAIN CHAPTER 835{ EMINENT DOMAIN Sec. 48-24. Condemning authority to obtain zoning variance for portion of property not taken or take entire unit. A condemning authority, if acquiring less than the total amount of a single unit of contiguous property,shall,if the remaining portion of such property does not conform to the ama.tequirements of existing zoning regulations, obtain a zoning variance for such remaining portion of property from the local zoning board of appeals before condemning any portion of such property.If such variance is not obtained prior to the taking by the condemning authority, the owner or owners of such single unit of contiguous property shall be reimbursed for the total amount of such unit and the condemning authority shall take title in fee simple to the entire unit of contiguous property. (1961, P.A. 367; 1963. P.A. 79; 1971. P.A. 206, S. 1.) History: 1963 act specified&tit ooadcmnint audnNity takes titk inlet simpk to entire unit of coodjuous property where variance is M obtained before condcmnin9 authority take oavpLmy;1971 at required that variance be obtained for porboo of property tact to be taken before any of the property is eoodcuumd rad=than before my of the property is tceupied. Cited. 169 C. 194. 1916. Cited. 169 C. 247.Interpretation of'arts requirements'in dds nctioo. Id., 195.206.207. Cited. Id.. 195, 199, 206. 207. Cited. 174 C. 323, 324. 327. 328. V/ slit AAMSTV�/ T .� PINNEY, PAYNE, VAN LENTEN, BURRELL. WOLFE b DILLMAN, P.C. ATTORNEYS AT LAW A SEARLE/INNCY 26 WEST STREET NEW MIL/ORO OrrtCE 6066Y 6.PAYNE• POST OFFICE BOX 650 a6 M.IN 6T.CEY T1,0 A3 W.V..LCNTEN NEW MILFORD.CONNECTICUT 06776 LAUGH A.MURRELL - DANBURY. CONNECTICUT 06810 1203135 5.1161 NGBCNYJ.WOLrE --- — .;VIIN N.DILLMAN (203)7A3.2721 RIDGEFIELD OrrICL WILLIAM S.STLELC.JR. AUI MAIN STRCET JErrREY 6.SIENNIEWIC2 RIDGCrIELD.CONNECTICUT 06677 TCD D.SACAER" 12031 136.3726 JAME.S M.MALONEY COUNSCL MICMACL S.MCNENNA TNOMAS L.CMENEY ALrRED P.rOR1N0 Nancy R. S ienkiewicz January 24 , 1986 , New Milford � PLEASE REPLY TO 'ALSO ADMITTED IN VA ••AL50 ADMITTED IN D.C.AND NY George R. Sullivan, Jr . , Chairman Zoning Board of Appeals Town of New Milford 24 Church Street New Milford, Ct . 06776 RE : Notification of Property Owners of Variable Application by DOT Dear Mr . Sullivan :. I have researched the issue of whether property owners whose land is to be condemned by a state agency must consent to the agency' s application for a variance . The answer is clearly, no . Section 48-24 of the General Statutes gives the condemning authority the power to obtain a variance for the portion of property which will remain after the taking. In Smith v. Zoning Board of Appeals , 174 Conn . 323 ( 1978 ) , where the- aa nti property owners were neither notified of nor consented to the application for a variance , the Connecticut Supreme Court stated: The remaining issue in this appeal is the plaintiff' s claim that the granting of a variance without their consent violates their constitutional right to just compensation by forcing them to assume the financial risk of structural alteration or sale of property subject to a variance . We disagree . The plaintiffs ' claims for consequential damages to the remaining land resultinc from the partial taking could be considered by a trier of fact under General Statutes Section 13a-76 . Damages ;wou'd be calculated by subtracting the , PINNEY, PAYNE.VAN LENTEN. BURRELL.WOLFE 6 DILLMAN.P. C. George R. Sullivan, Jr . -2- January 23 , 1986 market value of the remainder after the taking from the market value of the property just prior to the taking. Laurel , Inc . v. State , 169 Conn. 195 , 205 , 362 A. Meri en v. Highway Commissioner , 169 Conn. 65S-,—T6T, 363 A. 2d. 1094 Mr . Douglas Hummel of the Department of Transportation plans to notify the record owners- of the property to be condemned for the Lower Grove Street connection of the variance applications by , certified mail . This method of notification is obviously sufficient . The Board should consider the variance applications submitted by the Department of Transportation under these circumstances . c-4 -c- l yl Jeffrey B. Sienkiewicz New Milford Town Counsel By Nancy R. Sien iewicz N(-- : c Douglas Hummel ;5tntr of Lannrrtirut E'Y Q o�» JOSEPH I. LIEBERMAN �?I, ATTORNEY GENERAL F� OFCONN (Offirr of 'I tic 'kttorncu Chrr,rral 90 BRAINARD ROAD HARTFORD• CT 06114 Telephone : 566-2257 February 28, 1986 Douglas M. Hummel Assistant Property Agent Office of Rights of Way Department of Transportation 24 Wolcott Hill Road Wethersfield , CT 06109 Dear Mr . Hummel : With refer�pce to our conversation concerning Conn . Gen . Stat. § 48-24 as of this date I have examined an opinion letter dated January 24, 1986 by the law firm of Pinney, Payne , Van Lenten , Burrell , Wolfe & Dillman , P.C. addressed to the chairman of the New Milford Zoning Board of Appeals. Please be informed that I am completely in agreement with said opinion. Very truly yours , JOSEPH I. LIEBERMAN ATTORNEY GENERAL Paige Everin Assistant Attorney General PE: rw c o� July 13, 1990 C E R T I F I E D M A I L Conn . Dept . of Transportation P .O . Box A Wethersfield, Ct 06109 RE : ZBA Application #1575-90 - Norman Hill et al, east side of Sullivan Ave. , South Windsor Dear Sir : At the meeting of the Zoning Board of Appeals held on July 5, 1990, a variance was granted to Section 5 . 2 of the Zoning Regulations to allow reduction of lot area to 26, 528 s . f . on Norman Hill 's et al, property located on the east side of Sullivan Ave . (RR Zone) The board noted without this variance the property would be taken by the State under Conn . General Statute 48-24 . This action is effective upon your filing of the enclosed form in the Town Clerk's office at your own expense . Very truly yours, Robert Warren Chairman Zoning Board of Appeals RW :dlb Enclosure CC: Mrs. Sarah Hills 1468 Sullivan Ave .