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Home My WebLink AboutVariance (478) Fee APPLICATION FOR Receipt No. 16-71 TOM Or sours VINDS= ZONZMR BOARD OF APPLES Thi& application must be submitted to the Planning Department by the second Friday of the preceding[ month to insure being heard at the next meeting. ALL ITMM MUST BZ AnSVZ Mm AND ALL SOPPI.:N�ts MUST 3= SpBQTTID. ?MR APPLICATION PILL Es RMR== IF - The application and supplements must be filed in cst - The application must be typewritten or printed in ink. JUL J 1990 - A Class D or better survey of the property in question must be submitted with the e etr ic_ line: buildini li:._s. Zo^-a h^ dary liz:ac, d::.wu:io;,a. sgpltca.ti=n thorirw. c__�. and buildings present or proposed. and buildings on adjacent properties and distance frost 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 days prior to the public hearing in a location visible from all abutting streetsE- 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 Ball. APPLICANT: G3�/iyEC 7/C C)F MAILING ADDRESS 10G /2n,a-,i--" A Ia/E G` OWNER OF RECORD OF PROPERTY IN QUESTIOMM LOCATION OF PROPERTY IN QUSSTION f ,n or A1rS6_r ZONE OF PROPERTY IN QUESTIOMfd_�G CHECK. ONE OF TRI FOLLOWIMMG t Request Variance to Ssctiona_of the Zoning Regulations to allow X 1 0/-' w To/ / n or state hearing under Section of the General Statutes for or temporary and conditional permit for . a _ or an appeal from the Zoning Officer's decision involvi�1e - II etc' _ Is applicant a corporation or co-partnership? CJ��/�/�rc%r�NTAGtibE/� 00(41 (If Corporation, submit a list of officers. If Co partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? /V0 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? NO State clearly the nusual hardship or exceptional difficulty that prompts this application and indicate why'Rher options are unacceptable. (Use a separate sheet of paper if necessary) . `•. UNUF/2 CG/rN• (T�N�L SrATuT�' �%8 2 y FA/r c�2� To GJ�-/�N> 01-� >Ll,� Cvll,I�GT 2ePf_f27r 7NLS y�v yisvCr 7GlE �wiyEh�S) ti,sc ANo OCcvb�i.vcY __Ole 7K1C /2 ,1,VQAf 7k ZVL4-�0e /Va ,r+tV4-r DF 7�4eE/i2 O4•1/ rN Dated this P, day of o/vF Year/110 Telephone 1 2 S6'-2357 Z �F�Zazf—z 6' APPLICANT: /CAL"e- L-. eoar �� (Signature) OWNER: SE/ /'x/-,°i/3/T� 14 (Signature) ACTION OF THE BOARD GRANTED JUL 5 DENIED . . . . ... • •. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PINNEY, PAYNE, VAN LENTEN, BURRELL, WOLFE S DILLMAN, P.C. ATTORNEYS AT LAW A SEARLE►INNEY 26 WEST STREET NEW MILFORD OFFICE 4e MAIN DOOM'a.•AYNE• POST OFFICE BOX 650 TI-OMAS W.V..LCNTCN NEW MILFO MU.CONNECCC TICICUT 0077e Much A.BURRELL DANBURY. CONNECTICUT 06810 120313e 5.148, RG 9ENT J.WOLF[ 9203)7AJ-2721 AlocEn ELD orncE v C•I.N M.OiI.LMAN COI MAIN STREET WILLIAM S.STLELE.JR. AIDG CFILL D,EDNMCCTIC UT 06677 JEFFREY!.SIEMKIEWICj 1203I•3D•3726 TCD D.OnCxEA•• COUNSEL JAMLS M.MALONEY TMOMAS L.CMCNCY MICHAEL S.MCAENNA ALFRED P.FORINO Nancy R. 'S ienkiewicz January 24 , 1986 New Milford / PLEASE REPLY TO. •ALSO ADMITTED 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 plaintiff 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 would 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. Merl en v. Hi hwa Commissioner , 169 Conn. 65�� 363 A. 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; l y. Jeffrey B. Sienkiewicz New Milford Town Counsel By Nancy R. Sien iewicz N�/l c :9 Douglas Hummel tat of Lartn�rtiriTt i�E GF� Q i JOSEPH I. LIEBERMAN A` ATTORNEY GENERAL Offtrr of 'Chr -Mar at" thrnrral 90 BRAMARD 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 . § 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 BY: --� Ll Paige Everin Assistant Attorney General PE: rw THE GENERA. STATUTES OF CONNECTICUT TITLE 48 F,NM1iEN`T 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 area.mquirements 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 tick in fee simple to the entire unit of contiguous property. (1961, P.A. 387; 1963, P.A. 79; 1971, P.A. 208, S. 1.) History: 1963 W specified dui condemning wdndry talus titk in fa simpk to ea6m unit or contiguous property Wt= Varime is no obtained befort cmdcrnninI suthority hies oavpsncy;1971 set required dw rariartoe be obtained for patios of property oor to be taken befot any of the property is cDochmrrod rather than before any of the property is occupied. Cited. 168 C. 194, 1916. Cited. 169 C. 247. Interpreution of'area roquiremeau"in this section. Id.. 193,206.207. Cited. Id.. 195, 199. 206, 207. Cited. 174 C. 323. 324, 327, 329. VL RANSTV�/ T // 4e 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 Application #1579-90 - Fish property, northwest intersection of Ellington and Sullivan Ave. , South Windsor '7 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 26,416 s . f . to 25, 153 s . f . on Donald Fish's property located at the north/west intersection of Ellington and Sullivan Ave . (RC 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 :d lb Enclosure