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Home My WebLink AboutVariance (518) APPUCATION FOR R E V Appl� °C ' x"?!on TOWN OF SOUTH WINDSOR IOU 9 yA91 Dat6' t, ZONING BOARD OF APPEALS Receipt G'✓ " $0. WINDSOR PLA 14ING DE,Pl. p IMMTAHT: 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 ITEMS MUST BE ANSVMM AND ALL SUPPLEMENTS MUST BE SUBtIITTED. 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 bt:11dings 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: lfU/l% VC C 7-i C y i Tr111-A,-7- MAILING ADDRESS Q r2 wr'i' A �V --4wr/-i fi/--z G T ?�"•16 -� -(� Yy OWNER OF RECORD OF PROPERTY IN QUESTION /,,/lj/'i'F�` A/. LOCATION OF PROPERTY IN QUESTION_ r ) ZONE OF PROPERTY IN QUESTION_ CHECK ONE OF THE FOLLOWING: // Request Variance to Section S of the Zoning Regulations to allow. /�-'oc� ;,: „� CA' L_ Li' r /t/'1/1 ,/�,z r / /12 r S'u 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? 60�'t=2.�c/MCN7rat Cp,vv"EMtij/V �Url�Olef7-y (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? N 0 Are there any liquor outlets within the restricted area? N J (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? N d 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) . UN LE _6-✓yN- 6-61y41,41 7-,1-tu7/' yT-2�%. rA/Lv ee 7o or- r 724'4!� b,'112i11NU5 GVo Ld /=FS L7- /N 7�i- TO ill 4 ACOJ;S/7lory or - Tti'C Su a,),C 7' 1'1-1 c,e�'2 TY 'T/�u I 6V1W Yii y6- 7'/-/"- OWAI 61e(s) SF_ OCCu flj"CY OF 7'i-P'f lzl;- lA Al AA r O'r Dated this day of /9"11`I' Year 1991 Telephone # 259 -3352 APPLICANT:/ ��X h --v- /E116,4VA C1 L /y/fr zi - A6Ar 7_ LOOM - 0.0 ?' (Signature) OWNER: 1'ZiASL- SCE EX14lzi i rS A-14 (Signature) ACTION OF THEBOARD GRANTED `� DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :G:t. . . . ..0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . D . .� . . . . . . . . . . . . . . . . . . . . . . . . • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . . . . . . . . . . . . . . . . . . ... . ii x/�f .'7- A PINNEY, PAYNE, VAN LENTEN, BURRELL, WCLFE b DILLMAN, P.C. ATTORNEYS AT LAW A SEAnLE►INNEY 25 WEST STREET Ncw NILrORO OrrICE 0045Y 3.PAYNE• POST OFFICE BOX 650 .e -AIN STREET TMl7MAS W.V..LCNTEN NCW MILrOHU,CONNECTICUT 06770 HUGH A,TURRELL DANBURY, CONNECTICUT 06810 12on355.II81 MGB(-IT J wOLrC -- wC. M,OILLMAN (203)-,A3•2721 n10c[ncLc OrrICL W ILLIAM S.STCCLC.JR_ .JI 4A 31PCCT JCrrRCY a.SICNKIEWIC: RIDGCrILLO.CONNCCTICUT 00877 TCD O.OACKCR•• 1:0 J1.a0.7720 CO Ni(L JAMC3 N.NALCN(V T N O M A S L.C N C N(Y M IC MA[L S.MCK[NNA ALrRED V.rOnIHO Nancy R. S ienkiewicz January 24 , 1986 New Milford r LCA3C RC►LY TO 'ALSO AOMITTCO IN VA •ALSO AOMITTED IN O.C.ANO NY George R . Sullivan , Jr . , Chairman Zoning Board of Appeals Town of New Milford 24 Church Street New Milford , Ct . 06776 R% : T3otification 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 p aintiLf 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 r � PL';NF_Y. 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. a . 1383T Heriaen v . Highway Commissioner , 169 Conn . 363 A. a . 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 . c, 1. Jeffrey B . Sienkiewicz New Milford Town Counsel By Nancy R. Sienkiewicz NZ/1 c Douglas Hummel '5tntr of (Ccrimrrttrllt o Y GF�\ JOSEPH I. LIEBERMAN ATTORNEY GENERAL mil,✓ /V' FCONN Officc of ZITC "�t471-11cu (hc;w—r Il W RRAINARD ROADY 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 Op 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 #1667-91 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 11 , 112 s . f . to 9, 675 s . f on property located at 1758/1760 Ellington Road . (RR Zone) Approval is based on the boards consideration that changes in the highway pattern is not a detriment to this property but an enhancement . It was also noted that 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 ]22-67eAk WuvvA Ck cl)rn of the South Windsor Zoning Board of Appeals , hereby certify that on the Zoning Board of Appeals granted to Sc,4 of Gnnec�'r(_4, legunlrn� TrGtnSAtn a variance to Section of the Zoning Regulations - D CAH " Y2J0A" 10k cop CA cj - on premises located at I _7SEL & C) and more particularly bounded and described as follows : by land now or formerly of Hattie Watrous, et al, one NORTHERLY: hundred four (104.0) feet; EASTERLY by community Road, one hundred six and eighty-five hundredt (106.85) feet; by Ellington Road, one hundred four (104.0) feet; SOUTHERLY' et al, one by land now or formerly of Hattie Watrous. Beet. WESTERLY : hundred six and eighty-five hundredths (106.85) OWNER OF RECORD: VVGI/1,� H • 1 V -ew 6 gAzi� A Dated at South Windsor, Connecticut this d'- day of (k)"Comn ZONING BOARD OF APPEALS PUBLIC ACT # 75-317 Received for Record this day of 19 at ATTEST : TOWN CLERK LLJ z _ f ~ N w (o Lb ct v� N / F RICHARD S. KELLY 2 Q 33± ACRE ± ► z LIMIT OF PROP. DRIVEWAY 2'0 _j I CT -- j )2± ACRE WARREN H. Z I sTY iNEWBERRY ET AL. � „ ` 3 u I BPI'CK 4PPROX. SLOPE QD in # 1774 I LIMIT - - - wit o ( I STY JN 1 \ TAKING LINE 1 W.F. ?_ 112 STY � C) 1 #1758 W.F. to #1760 R=30' 7�± i I --- ccIL HIGHWAY UNE -- tUGHfAY LINE— 0- — — — S 021 10 .0'S SNET # 214 PRESENT ELLINGTON ROAD v RTE. 34 TO MANCHE",--F 47 48 49 BASE LINE N 890-39'-07.69" E +,89.5 HIGHWAY LINE HIGHWAY LINE} P. C. STA. 47+93.49 /" I ROUTE 30 P. 0. C. STA. 48+34.06 % COMMUNITY RD. P. 0. L. STA. 60+00.00 I HERE6' :ERT!F7 'HAT THIS MAC SJ657ANT!ALLv CCRRE;: AND WERE PPFPAREG 'N . WjrH THE STAN'.?AROS OF A CLASS D `JRVEY 4S ^� CODE Or DRACT:CE FOR STANDARDS OF AND MAPS, A00PTED DECEMBER 10 1975 Ci)NNECT'-,jT ASSOCIATION OF LAND SURVF* N-. nc M'v KNOWLE:GE AND DEL EF DATE REVISION R£0 Br TOWN N 132O — r �-/ r7ihacf Cin� lvnrK fa M•L M. PRt?J'ECT NO 6 '24./90