HomeMy WebLinkAboutVariance (514) APPLICATION FOR RECEIVED A
PPlip n #� 91
TOWN OF SOUTH WINDSOR ,
MAY 9 1991 Dat
ZONING BOARD OF APPEALS
So. WINDSOR PLANNING Receipt #
IMMTANT: This application must be submitted to the Planning Department by the second
Friday of the Precedina month to insure being heard at the next meeting.
ALL ITEMS EAST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUMNITTED. THE APPLICATION WILL BE
RETURNED IF INCOWLETE.
- The application and supplements must be filed in duplicate.
- 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 buildings 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-ie 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: ��n C7"/C, T
MAILING ADDRESS_ 14
OWNER OF RECORD OF PROPERTY IN QUESTION 0,'" ' �I/' U 7 CT 'Ai
LOCATION OF PROPERTY IN QUESTION _ GLI ' " J f X-'" " /
ZONE OF PROPERTY IN QUESTION
CHECK ONE OF THE FOLLOWING:
Request Variance to Section > 1 of the Zoning Regulations to allow
C r
i �-y
_0, �1 `ti - j C f%. T� G li
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? 6�-70V&C"VM4W7AG C.zavbL-/Uiw1N6_ XVr/moo/ i7y
(If Corporation, submit a list of officer's. Ii Co-partnership, submit a list- of owners) .
Is the applicant owner, lessee, or prospective tenant? A/0
Are there any liquor outlets within the restricted area? /V D
(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? b 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) .
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Dated this !day of ��/�}� Year j9/ Telephone # 2 5Y
APPLICANT: � ,Gy �-�� /LJiC/l/� L G /VA/�Z i /�GFiy> foe C'ewN .Y�•O T
(Signature)
OWNER: /OL e4JE
(Signature)
ACTION 9 F THE BOARD
G TID DENIED
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I I HEREBY CERTIFY THAT THIS MAP AND
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WITH THE STANDARDS OF A CLASS D SURVEY AS DFc
LODE OF PRACTICE FOR STANDARDS OF :.000RAC
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` CONNECTICUT ASSOCIATION OF LAND SL RVE'V.an .
•BEST OF MY KNOWLEDGE AND BEL,EF.
r� 'Y :
DATE REVISION RED. BY TOWN NO 132 __-
re 3�20 !90� 3-28�`t/ RAJ T&n �-�in . M. 132-102
^ �2 /9 u)oRK AREA s q E, To 5C 0,cv- PROJECT NO.
PINNEY, PAYNE, VAN LEN"TEN, BURRELL. WOLFE S OILLMAN, P.C.
ATTORNEYS AT LAW
A SCALE rINNCY 25 WEST STREET
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DANBURY, CONNECTICUT 06810 Ncw '1LroNU.CONNECTICUT 06770
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A LrRfD P.rO RING NO-AS L.CNCNCY
Nancy R. S ienkiewicz January 2 4 , 1986
'ALSO AoNIrTfD IN VA
PLEASE ACDLY TO New M-i l-- ord
'ALSO AO-ITT ED IN D.C.AND NY
George R. Sullivan , Jr . , Chairman
Zoning Board of Appeals
Town of New Milford
24 Church Street
New Plilford , Ct . 06776
RD : 130tification 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 conde.nnina
authority the power to obtain a variance for the portion Of
property which will remain after the takina . In Smith v . Zoning
Board of Appeals , 174 Conn . 323 ( 1978 ) , where the p_ainti _f
Property owners were neither notified o_` 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 ; wculd be calculated by subtracting the
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JOSEPH I. LIEBERMAN
ATTORNEY GENERAL
(Officc of 'c ITr ,�ttarncu Chci;,r;;l
GO BFlAINARD 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
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June 19, 1991
C E R T I F I E D M A I L
Mr . Michael Marzi
State of Connecticut
Department of Transportation
P .O . Drawer A
Wethersfield, Ct 06109
Dear Mr . Marzi :
RE : ZBA Application #1663-91
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 20, 300 s . f . to 20 , 082 s . f on
property located at 1527 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
ChQ4a-�
of the South Windsor Zoning Board of Appeals , hereby certify that on
�y� �p cjGl the Zoning Board of Appeals
granted to (aoneC�'Cu Dei2 � T�ppa)"ta
a variance to Section ' _
of the Zoning Regulations �b G feG��t �tA 4
ao w S
on premises located at Sol i Jar..
and more particularly bounded and described as follows :
NOiT.'i:RAY by land now or for-nsr'_y of Charles C. ':leintraub,
et al, 203 feet;
A3^':-j,:?Lf by Sullivan avenue, 100 feet;
SC�;?-i-i?iY by lend now or forrvPrly of ':lilliar Joseph
De.,cslco White, 203 feet; and
by land now or for. Orly of William Joseph
DeScalco White, 107 feet.
OWNER OF RECORD: C H P rC,G),,bc4 y + ET A L
Dated at South Windsor, Connecticut this �) - day of
ZONING BOARD OF APPEAL
PUBLIC ACT # 75-317
Received for Record this day of 19
at
ATTEST:
TOWN CLERK