HomeMy WebLinkAboutVariance - denied (4) APPLICATION FOR
TOWN OF SOUTH W I N 0 S 0 R Tt�agiPLfI0SrIoAA
ZONING BOARD 0/ A/PIALS Filed . . . . . . . . . . . . . .
Fee ,
IMPORTANT: This application must be submitted to the Planning Department
by the second Friday of the preceding month to insure being Receipt No
heard at the next meeting.
ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. THE APPLICATION WILL BE
RETURNED IF INCOICLETE.
application and supplements must be filed in duplicate. 'Der)I'P- The a
PP ^�
- 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
shoving streets, lot lines, building lins3, zone boundary lines, dimensions, 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 purchased from the Planning Department must be displayed on the property at least 110
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, data
and place of the hearing will be advised by mail.
- Inquiries on this application may be directed to the Planning Department or Building Departme
at the South Windsor Town Hall. 19
APPLICANT T ! !/ j /'iM/•VT LFi+�v�/' ;/1 T/cam✓
�IAILINIG ADDRESS ,OC ' ���-�i��,v w T<< ��F/�cr_.� C. T
OWNER OF RECORD OF PROPERTY IN QUESTION
LOCATION OF PROPERTY IN QUESTION &�Iy 7N'C/'
ZONE OF PROPERTY IN QUESTION f' C
CHECK ONE OF THE FOLLOWING:
� k REQUEST VARIANCE TO SECTION OF THE ZONING REGULATIONS TO ALLOW
2.5 /5S +
OR STATE HEARING UNDER SECTION OF THE GENERAL STATUTES FOR
i OR TEMPORARY AND CONDITIONAL PERMIT FOR
i� OR AN APPEAL FROM THE ZONING OFFICER'S DECISION INVOLVING
vim.. n_oc
Is applicant a corporation or co—partnership?
(If Corporation, submit a 1 ist of officers. If co—partnership, submit a list of owners) .
Is the applicant owner, lessee or prospective tenant? /V
Are there any liquor outlets within the restricted area?
(If yes, submit a list of the liquor outlets, their locations and distances from the property
in question.)
Is this property within 500 feet of another town line? /V
State clearly the unusual hardship or exceptional difficulty that prompts this application,
and indicate why /ocher options are unacceptable. (Use a separate sheet of paper if necessary;
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Dated this r!,
�/CJ .� / . day of
APPLICANT: /t-in� 7! — ref✓� F� Gc .v/ —,f?.�;
(Signature)
OWNER: Sf_F Z�/i/�;i S A 44,
(Signature)
ACTION OF THE BOARD
at the meeting held on
GRANTED �'�/�ED
r t.o.
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1,
PINNEY, PAYNE, VAN LENTEN, BURRELL,'WOLFE & DILLMAN, P.C.
ATTORNEYS AT LAW
A SEARLE.INNCY 25 WEST STREET NCW MILrORD OrrICE
ooNeY 3.►AYMc• POST OFFICE BOX 650 +e MAIN STwECT
TMJMAS W.V—LCNTEN NCW MILrOMD.CONNECTICUT Oe776
MUGM A, SURRCLL DANBURY, CONNECTICUT C6a10 365 1161
MOB[Mr U WOLrC --
J Orla M. On L-AN (203)7A3-2721 n1DG ErICLO orrICE
WILLIAM S.STLCLE.JR. •UI MAIM ST RCET
UCrrRCY S.SIENAIEWIC2 RIDGCrIELD.CONNECTICUT 06677
TCD D. n.cKER•• Ii0]I�]�.])26
COLNSEL
JAMS$N.MALONEY
M ICMACL S.M CKENNA TMOMAS L.CMCNCT
ALrREO P.rORINO
Nancy R. Sienkiewicz January 24 , 1986
.LEASE REPLY To New Milford
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 plainti 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 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
t
F, 1NEY, PAYNE.VAN LENTEN, SURRELL,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. Meriden
V . Highway Commissioner , 169 Conn . 655' ,—T6-U,
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 .
i- . l
yl
Jeffrey B . Sienkiewicz
New Milford Town Counsel
By
Nancy R. Sien iewicz
N�/lc
o Douglas Hummel
�ztr I-Tf Lartnrrtiflit - FX %
0 d
JOSEPH I. LIEBERMAN
ATTORNEY GENERAL
F C VAA
Lnffirr, of Q'hr �ttorlint �hrr,rr;;1
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 .
s 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
�O
�y
February 21, 1991
C E R T I F I E D M A I L
Connecticut Department of Transportation
P .O . Box A
Wethersfield, Ct 06109
Attn : Michael Marzi
RE: ZBA Application #1629-91 - Ellington Rd. and Sullivan Ave.
South Windsor
Dear Mr . Marz i :
At the meeting of the South Windsor Zoning Board of Appeals held on
February 7, 1991, your request for a variance to Section 5 . 1 of the
Zoning Regulations to allow reduction of lot area from 25, 153 s . f .
to 19,490 s . f . on property located at the northwest intersection of
the present Ellington Rd . and Sullivan Ave . (RC Zone) was denied .
The Board felt if this variance was granted they would be creating
more of a hardship for the owner to be able to do anything with the
property.
Very truly yours,
Robert Warren
Chairman
Zoning Board of Appeals
RW :dlb
THIS IS TO CERTIFY that the State of Connecticut, acting herein by its
i
Commissioner of Transportation, J. William Burns, pursuant to the provisions
of Section 13a-73(b), the General Statutes of Connecticut, as revised, has
taken by filing an Assessment and Notice of Condemnation
on November 2, 1990 , with the Clerk of the Superior Court in the Judicial
District of Hartford-New Britain at Hartford the following described property
owned by Donald W. Fish, 453 Hartford Turnpike, Vernon, Connecticut 06066, and
in which the following persons and/or7corporation had an interest of record
therein:
The Savings Bank of Rockville
25 Park Street (Mortgagee, Financing Statement)
Vernon, Connecticut 06066
The Metropolitan District W.B. (Caveat)
555 Main Street
Hartford, Connecticut 06101
DESCRIPTION OF PROPERTY
Said premises are situated in the Town of South Windsor, County of
Hartford and State of Connecticut, on the southwesterly side of Sullivan
Avenue, Route 194 at Ellington Road, Route 30, and bounded:
NORTHEASTERLY - by Sullivan Avenue, Route 194, 245 feet;
SOUTHERLY - by Ellington Road, Route 30, a total distance of
43.7 feet, more or less;
NORTHWESTERLY, - by Owner's remaining land, a total distance of
WESTERLY AND 252 feet, more or less, by a line designated
SOUTHWESTERLY "Taking Line, " as shown on the map hereinafter
referred to;
NORTHERLY - by land now or formerly of the Town of South
Windsor, 5 feet, more or less.
1 of 2
f
,
Donald W. Fish
132-112-10
And said parcel contains 0.029 of an acre, more or less, together with
all appurtenances, all of which more particularly appears on a map entitled:
"Town of South Windsor, Map Showing Land Acquired From Donald W. Fish by The
State of Connecticut, Conn. Rte. 194, Scale 1" = 401 , January 1990,
Robert W. Gubala, Transportation Chief Engineer - Bureau of Highways."
(132-112-10)
Said premises are taken together with the following easements and right:
1. A full and perpetual easement to slope for the support of the highway
within an area of 0.008 of an acre, more or less, and located between
and opposite approximate 'Stations 123+45 and 123+75 left, 124+48 and
124+75 left, Base Line Present Sullivan Avenue, Route 194, as more
particularly shown on said map.
2. An easement for a temporary work area for the purpose of access for
construction equipment, to grade, seed, place bit. curbing and to
otherwise restore any areas disturbed during the reconstruction of
Route 194, Sullivan Avenue, within an area of 0.069 of an acre, more
or less, and located between and opposite approximate Stations 122+69
and 125+05 left, said Base Line, as more particularly shown on said
map. Said easement shall terminate automatically upon completion of
the roadway reconstruction project unless sooner released by the
State. The temporary easement to be taken under this paragraph will
be restored by removal of all temporary installations and by restoring
all areas disturbed during construction.
3. A right to install B.C. curbing between and opposite approximate
Stations 123+60 and 124+75 left, said Base Line, as more particularly
shown on said map. Said right shall terminate automatically upon
completion of the work by the State.
The land taken herein is a portion of the premises contained in a
Quit-Claim Deed dated February 13, 1989, and recorded in Volume 552 at
Page 295 of the South Windsor Land Records.
Dated at Wethersfield, Connecticut, this , day of
J. William Burns
Commissioner of Transportation ;
State of Connecticut
RECEIVED FOR RECORD_.__.----19
RECORDED IN SCUTN Robert W. Gubala WiNDSOR Chief Engineer
LAND RECORDS VOL.(39(-P PAOE—�i Bureau of Highways
9Y n G O N ERK Duly Authorized
ASSISTANT TO:�N C
2 of 2
m
STA.64.80.61 COMMUNITY RD. U
STA.127-ZU.Vb Q R E.194 w
iD
2�
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0 G
I �Z P.T.STA.126.3155
9G \\�� WAPPING COMMUNITY
CHURCH
i I
I w to
I I ;, I C.H.D. \
q I �
I I �j1 DIRECTIONAL LINE
I N I
:j" SULLIVAN AVE.
CURVE DATA
I Z I o= 13'-04'-33.5"
D = 7•-09'-43.1"
T = 91.686'
N / L = 182.575'
I TOW 0 R = 800.000'
l I OF sou 00
WINDS O� io `\ \\
MENT AREA I I ft 8" 60 \
I _ \ P. C.STA.124+48.98
M =836' \
I •
20P.DRIVEWAY 45'I I PROP.RETAINING WAIL
DNL --
I f DISH
I I Z I R=844'
O
I 130'
1 1 Z Ic 15' u�
P. T.STA.123+22.64
——— U) �'� I STY
I �S_Z
C BRICK
I (L IN-i N 1776 9F
I I • EASEMENT AREA ♦! g �v
o
3P
i t I R=20' R=10952' �_4
I I 0 L-33= APPROX.SLOPE LIMIT
�y
AKING LINE -
115 R=25' SNET
J ET L=44'. 81779
SNET HIGHWAY LINE 158= v st 330
V, N 88'-29'-46.7 "
48 49
PRESENT ELLINGTON ROAD ( RTE. 30
-- P.T.STA.50.15.39
JE SULLIVAN AVE.
CURVE DATA