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HomeMy WebLinkAboutVariance (513) APPLICATION FOR 1 v R� Application PP n #1�`�I TOWN OF SOUTH WINDSOR 9 1991 MA`S Date ZONING BOARD OF APPEALS �1ND�R F ,}N��1G 9eT' Re V .r IMMTANT: This application moat be submittet"to the Planning Department by the Friday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BB ANSiimM AMD ALL SQPPLEMMS MUST BE SDEMITTED. TER APPLICATION WILL BE BETORAID IF INCOMLETE. - The application and supplements must be filed in duylicate. - 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 showing streets, lot lines, building lines, zone boundary lines, dimensions, and btildings present or proposed, and buildings on adjacent properties and distance from bject property. - If a • riance is being requested, a legal description of the property must be submitted with t_:e 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 Hall. APPLICANT: �7 "Cis MAILING r:u i C�� /� r%iv ii'�-r•_ �i l T/��v ADDRESS C 1. 14 Gt�/_"�; i�sf=%Ec� C T LAC /G"j C, Y C / OWNER OF RECORD OF PROPERTY IN QUESTION LOCATION OF PROPERTY IN QUESTION_Ly�5 � :E� t_ tr�%�`�' �✓��". �/'%E_ 1 J`'� ZONE OF PROPERTY IN QUESTION_ 1�= �.h do�-'r /+ti_ � S'/c��-/V7114G. CHECK ONE OF THE FOLLOWING: Request Variance to Section j , / of the Zoning Regulations to allow V" EG�i <"7i i✓ %/- G t� T flcl.-A /= cis Ca F7 7-, .2 C c r- 7- or state hearing under Section of the General Statutes for or temporary and conditional permit for or an appeal from the Zoning Officer's decision involving_ Is applicant a corporation or co-partnership? COV '1V/`79-,j-rAL �,v494;4? //VC- v7.4012/� (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? ArQ Are there any liquor outlets within the restricted area? /uG (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?_ / 0 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) . p� ;VO4—' iu/J ��'€�r /ua c ��7-,ATu T/_-` �0 _ 2 IrAiz ulz 7o 6-lel4ly 7- 7stF (/��iAiv� /yQ v Z Q I0 SclL i //v 74.// 7O rA z Co L/iO/- 7fCC 7- '7-/w ,c7C lul y 11V6- yr-,,C' 011VA14!�-2 �S s .v✓ dCC(�r�il�vCy O,c -//-tF /ZcArA/"16-12 7/�/zo(;Gy A/-0 Fi4UL7 QF Dated this day of A Year /`��/ Telephone # 2 APPLICANT: (Signature) OWNER: seze' ,EX.Y16/7 C A pr--" r D OWE j (signature) ACTION OF THE BOARD vim(.1(019I RANTED DENIED . . . . :�:� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . PINNEY, PAYNE, VAN LENTEN, BURRELL, WOLFE b DILLMAN, P.C. ATTORNEYS AT LAW A s[AXLE IINNCY 25 WEST STREET NEW MILroRO orr,cz oO0ar 9.►AYNE• POST OFFICE ©OX 660 Aa MAIN 1T.ELT TFVMAS W.V..LCNT[N MUCH A. E NCW MLrOND.C ONNEC7I CUT oa77a MfOCIITJ WOL!C DANBURY, ONNECTICUT 06810 I:oJI3se.ual JcIN M. DIIL•IAN 12031 7A3.2721 mIDcEr,CLD OrrICE WILLIAM S.STCCLC.JR. J E(FRCY a.SICN xIC WICi DUI MAIN STR[CT TCO D.aAC xCH•• RIDaCrICLD,COINECTICUT oea77 - rzoDl.�a �7za JAMS H.MALONEY COI:NiCL MICNACL S.MCK[NNA TNO++AS L.CMCNLY ALrRED P.rORINO Nance R. Sienkiewicz-ALSO ADMITTED IN vA January 24 , 198E 7 PLEAsC REPLY TO 1VLeld Milford - •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 : lic tification 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 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 tX141c/ 7 ����ztr �tf CJartnrrtirizt EY GG o a JOSEPH I. LIEBERMAN ATTORNEY GENERAL 9 V' coNN L�ffirc ui Lhr �-�tturncu �hc;;r:;;: N 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 . § 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 , F PL'iNEY, PAYNE.VAN LENTEN, BURRELL.WOLFE b 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. ; Meriaen V . Highway Commissioner , 169 Conn . 363 A. a . 4 . 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 . E, , . Jeffrey B . Sienkiewicz New Milford Town Counsel By Nancy R. Sienkiewicz NZ/1 c G Douglas Hummel co June 191. 1991 C E R T I F I E D M A I T. Mr . Michael Marzi State of Connecticut Department of Transportation P .O . Drawer A Wethersfield , Ct 06109 Dear Mr . Marzi : RE : ZBA Application #1662-91 At the meeting of the Zoning Board of Appeals held on June 6, 1991 . a variance was granted to Section 5 . 1 of the Zoning Regulations to allow reduction of lot area from 23, 086 s . f . to 22, 607 s . f on property located at 1495 Sullivan Avenue . (RR Zone ) It is the boards understanding that the well on this property will not be affected . The Board noted that under Section 48-24 of the Connecticut General Statues, failure to grant this variance would result in total acquisition of this property. 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 I, Ro eA_+ 1A)WVU4 C_�)G rmo� of the South Windsor Zoning Board of Appeals , hereby certify that on 30oe 6, 199 1 the Zoning Board of Appeals granted to p� Cp,n OfCC 'C(,� b P bQJnAJ- Sa Trwr6 Y2ai)Vv4 a variance to Section _ of the Zoning Regulations 'b (Au u iI reduc�z o 1 b4- apt a, �Ycir a3 00e s �D c), a &>02 s on premises located at S LM 1 0a,-,.. and more particularly bounded and described as follows : NCRTHERLY: by land now or formerly of Norman P. Priest, 100 feet more or less; EASTERLY: by Sullivan Avenue, 135 feet; SOUTHERLY: by land now or formerly of Fhilip Giglio and Caroline (3iglio, oeing Lot No. 2 as shown on said map, 203 feet, more or less; and WESTERLY: by land now or formerly of Noun P. Priest, 190 feet more or less. OWNER OF RECORD: I� Div, �� 1 r)ne.. Dated at South Windsor, Connecticut this day of ZONING BOAF OF APP�A S' PUBLIC ACT # 75-317 Received for Record this day of 19 at ATTEST: TOWN CLERK STA. 137+62.48 SULLIVAN AVE. (RTE. 194) = m STA. 10+44.42 RELOCATED RTE. 74 \ � 1 Lp � � 1 N / F NORMAN P. PRIEST 4 Z SNET LIMIT OF PROP. ' 7� OR RIVEWAY / I � r _ " HELEN KINNEY � �� 052 ACRE TAKING AREA - 14 o 0.011 ± ACRE 1 ; F• 495 DRIVEW� M POOL ... 36. ACRE TAKING LINE SNET SAVE TREES # 67 0 A + 0 ' - APPROX SLOPE n O 0 OMIT O 1 PANGS I_IVADIOTIS ET AL. �a Z. HEREBY 'ERT!FY THAT THIS u::? ;,UBSTANTIALLY CORRECT AND WI-RE PREPART• WITH THE STANDARDS OF A CLASS D SURVEY r,- CODE OF PRACTICE FOR STANDARDS OF AND MAPS, ADOPTED DECEMBER 10, 1375 CONNECTiCU' ASSOCIATION OF LAND 8ES7 OF MY KNOWLEDGE AND BELIEK ATE RE ,IC) RF:� 3Y TOWN n4O 132 c i gee 8:'20/9 -q �! A�T�[ / 1LM . 132-102 I � OE __._---