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HomeMy WebLinkAboutVariance (476) Fee APPLICATION FOR Receipt No. TOOK OF soon 11tiD M ZOMB BOMM OF AffZUJ This application east be submitted to the Planning Department by the sew Friday of the *receding month to insure, being heard at the nest meeting. ALL 1? FOB! U ANSVi AM ALL wsi u gmar ID. TIM APPLIculm w= E! RETMM IF INCONL.M. The application and supplements must be filed in dualigatS. - The application must be typewritten or printed in ink. el + - A Class D or better survey of the property in question must be submitted with the application showir-s street', lct line•, b% lwin6 line:, .cne lh-- n ry l«ws•, r "iiiai►as, 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 moat 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 days prior to the public hearing in a location visible from all abutting streets - 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 Sall. APPLICANT: l ', Unl t' r`!C t irf'/i/' Tr�� i�T C "�L )i°Ci•"��+ ��r✓ NAILING ADDRESS OWNER OF RECORD OF PROPERTY IN QUESTION J j'i) ci- 1-7- /1 - LOCATION OF PROPERTY IN QM98TION ZONE OF PROPERTY IN QUESTION% l..� /� t:5 '�c`�• '=�'�_ E CHECK ONE 0! TRX FOLLOVING: FRequest Variance to Section > �- of the Zoning Regulations to allow Jxt o�'L 7/G/\ L- / /✓-. /� //'i/^. �'` 1�' _ /qc.+"/. C !�.y i .` —/(i i 0 or state hearing under Section of the General Statutes for aor temporary and conditional permit for or an appeal from the Zoning Officer's decision involving WWI 'YAK- ;# Is applicant a corporation or co-partnership? � S�rvrn.G �v7ti-ro.2iTy (If. Corporation. submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? No Are there any liquor outlets within the restricted area? /Vie (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? /V b 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). ()NDE/2 6PAW' 6£NE/tAG T/17v>E ��"2y� `A1G�2F 7o &7eA v-r 7L/E VAt',7/ArvcE J4,cQ(AQ T /nl 7G(F 7oTA AC QV(S/7i0i✓ 6f 71-/E' SV[ZJ Ec> PRornciz7-y 'TNuS ��iv� 7�� owNF2(S) Ar�O 10r_c upA.vcy ©F TkE /-F�"/Ai�✓bF� 7N20uU1­e Ala FAlll-r Of 77,14/2 DwN, Dated this �� day of lurvI- Year y Telephone / 2 9-335--_) APPLICANT: I-� 4L4L t l � G 1"1,2 z( 1) L T (Signature) OWNER:�E fxHlaa>S A +� (Signature) ACTION OF THE BOARD GRANTED JUL 5 1990 DENIED . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .,,�. . . . . . . . . . . . . . r PINNEY, PAYNE, VAN LENTEN, BURRELL, WOLFE & DILLMAN, P.C. ATTORNEYS AT LAW A SCARLC►INNEY 25 WEST STREET NEw MILFORD OFFICE 60aaY S.PAYNE• POST OFFICE BOX 650 ae MAIN &TREET TI.)MAS W.V..LENTEN NEW MILFORD.CONNECTICUT 00776 NUGN A.BURRELL DANBURY. CONNECTICUT 06810 (2031355-11a1 4013114T J.WOLFE - .;L .W M.DILLMAN t203)7A3.272i RlocErlCLO OFFICE W IL LIAM S.STEEL[,JR. 401 MAIN STREET JErrREY S.SIENMIEWICI RIDGMELD.CONNECTICUT 06377 TCD 0.6ACKCR" 12031-a 8.3 72 6 JAMCS M.MALONEY COUNSEL MICHAEL S.MCNENNA TMOMAS L.CMEMCT ALFRED P.rORINp Nancy R. Sienkiewicz January 24 , 1986 Nw Milford PLEASE REPLY TO: e� 'ALSO AOMITT ED IN VA "ALSO 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 p ainti f 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 resulting from the partial taking could be considered by a trier of fact under General Statutes Section 13a-76 . Damages would be calculated by subtracting the • R PINNE`f, PAYNE.V^N 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 , 36 A. Meri en v. Highway Commissioner , 169 Conn. 65S-,-6TO, 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; cl y. Jeffrey B. Sienkiewicz New Milford Town Counsel By Nancy R. Sien iewicz NP,,Z/1 c :9 Douglas Hummel liitatr LTf LIInnrrtirlit Y GF�� JOSEPH I. LIEBERMAN ATTORNEY GENERAL OjDCOA COffirr of 'Cl ITr AttLtrnrli ChrItrral 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 reference to our conversation concerning Conn . Gen . Stat . 9 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 v Paige Everin Assistant Attorney General PE: rw THE GENERAL STATUTES OF CONNECTICUT TITLE 48 ENONENT DOMAIN CHAPTER 835• ENUNNENT 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 area requirements 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 foe 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 dust condemning audarity takes titk in fee simpk to entire unit of condguous property where vari—is M obuired befort condcmning and—ity takes occupancy;1971 set required that variance be obtained for portion Of property tax to be taken before any of the property is coodcmnod rod=thaw before my of the property is occupied. Cited. 168 C. 194, 196. Cited. 169 C. 247. tnterpretation of area requjr m u`in this section. Id., 195,206,207. Cited. Id., 195. 199, 206, 207. Cited. 174 C. 323, 324. 327, 329. rRAMST��/5 r //14t 40P July 13, 1990 C E R T I F I E D M A I L Conn . Dept . of Transportation F . 0 . Box A Wethersfield, Ct 06109 RE : ZBA Applioation 01570-90 _ Gaetano Jodioe property, east aid+ 616 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 from 20, 908 s . f . to 20, 255 s . f . on Gaetano Jodice 's 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