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HomeMy WebLinkAboutVariance (515) P • APPLICATION FOR RECEIVEr) Application #T WN OF SOUTH WINDSOR ' ` Dat ZONING BOARD OF APPEALS MAY g 1991 Re t 4,/, W' So- WINDSOR PLANNING DEPT., � IMMTANT: This 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 ITEM MUST BE ANSWERED AND ALL SUPPLJWXTS RUST BE SUBMITTED. THE APPLICATION WILL BE RETURNED IF INCOMPLETE. - 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: co"V/V�-C->/G C,s T C_)/" 7i"., i 7/1 MAILING ADDRESS A ����i/s,r i �/<%1 C 0 6/ G OWNER OF RECORD OF PROPERTY IN QUESTION ZI VA,0i C a G 7 l Z LOCATION OF PROPERTY IN QUESTION ZONE OF PROPERTY IN QUESTION CHECK ONE OF THE FOLLOWING: Request Variance to Section of the Zoning Regulations to allow ,�'C�oli.rU/Li u/ Lt 7 �/f/1 %2 ,4t ?,-' ��,c, � sc 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? l•�UV,C2N/�ENT/rG 610 10,�i�, Vl 6 1 v7/-lo2/71 (If Corporation, submit a list of officers. If Co-partnership, submit a list "of ov-ners) : Is the applicant owner, lessee, or prospective tenant? /(f0 Are there any liquor outlets within the restricted area?- N p (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? ko 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). O&O'c/e /z NN. 64-j if--A G 'r,A7u re 7D 7NE //A2'/ANGE %VVQL( 1-`J /<'EJ vL i //J 7-Af 7c 7 I L AC©V;S/7/01V OL 7�E `SUQJF 7- ry T/av S 061VY/N6 7HE (j C"- /1N-O 7k/?-Cv&� /Vo /-4u2-T n,e Dated this 9 T day of y Year 0 / Telephone 1 2$e 3 3 5 2. APPLICANT: /C/-tAEt G. /yi4�Z" .- 146-/u r (Signature) OWNER: /PLf J �E fkt///'i�J Zk (Signature) ACTION OF THE BOARD GRANTED (O(I��('o DENIED . . . . . . .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .C. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �. . . . . . . . . . . . ,�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . % A PINNEY, PAYNE, VAN LENTEN, BURRELL. WC)LFE b DILLMAN, P,C. ATTORNEYS AT LAW A SEAALC rINNEY 25 WEST STREET Ncw MILroRo orrlcE oO�ar�.PArNr POST OFFICE BOX 660 TMOMAS w,V—LENTEN NEW MILrO„O.CONNEC71CUT oa770 NU011 A,PURRCC DANBURY, CONNECTICUT 068io c;oalass nal NOeE urJ wOLrE -- _ .:ol•M M.OILLMAN (20 J)7a3-2721 A,0C;Er,E4O Or-Cl - WILLIAM S.STLELC•JR. /01 MAIN 11 RCCT JCrrREY a.SIE—IEWIC: RIDGCr1LLD•CONnECTICUT 06077 TCO O. SACKCR•- I:OaI..aa.D7I6 .IAMr.S N. MALCNEY COUNSEL MICMACL S.M.AE.NA 7n0-5 L.CMCNET ALrRED P.rORINO N�icy R. Sienkiewicz January 24 195E r PLEASE REPLY TO. New Milford ALSO ADMITTED IN yA "ALSO ADMITTED IN O.C.AND NY George R. Sullivan , Jr . , Chairman Zoning Board of Appeals Town of New Milford 24 Church Street New Milford , Ct . 06776 R-- : Notificati-on 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 . Zoninc Board of Aooeals , 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 5f�T c of Larrnrrtirizf Y GG\ JOSEPH I. LIEBERMAN ATTORNEY GENERAL 9l,✓ F� OTC N Cnfficc of <.1Tr �t.arnr:i �hc:;rr;;1 9-0 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 , JOS EPH I . LI EB ERMAN ATTORNEY GENERAL v' Paige Everin Assistant Attorney General PE: rw Pl-:r4u, 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. d . Meriden v . Highway Commissioner , 169 Conn . 65�;fib; A. d . 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 cf Transportation under these circumstances . C i n.� .,1 �..�.. r z.�Y i Jeffrey B . Sienkiewicz New Milford Town Counsel By Nancy R. Sienkiewicz N�/l c G Douglas Hummel �i �o June 19, 1991 C E R T I F I E D M A I Mr . Michael Marzi State of Connecticut Department of Transportation P .O . Drawer A Wethersfield, Ct 06109 Dear Mr . Marzi : RE : ZBA Application #1664-91 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 19, 995 s . f on property located at 1503 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 j WC4jL/jQN. (J)Glrrn&.v-- of the South Windsor Zoning Board of Appeals, hereby certify that on Q r1e (o (q q ( the Zoning Board of Appeals granted to,: a variance to Section5 • � CI of the Zoning Regulations 'to (,� pW re G�uGh vn 0j, Ic��- �,tn,tc� 'T rU1'� ao 300 9 gg s s on premises located {�C� ������ � • and more particularly bounded and described as follows: NORTH: by land now or formerly of William Joseph Descalco mute, 203 feet, more or less; EAST: by Sullivan Avenue, 100 feet, more or less; SCUM in Part by land now or formerly of Roger L. Chagr= and Vivian L. Chagnon, 203 feet, more or less; and WEST: by land now or fomerly of William Joseph Descalco mute, lo0 feet, more or less. OWNER OF RECORD: 1"G n(-N VCR Ck t O� S Dated at South Windsor, Connecticut this6)00--day of -)1Jh e 1991 ZONING BOARD OF APPEALS PUBLIC ACT #75-317 Received for Record this day of 19 at ATTEST: TOWN CLERK