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Home My WebLink AboutVariance (519) APPLMATION FOR RECE IVED Applic,� n I ( �l TOWN OF SOUTH WINDSOR r° �°� , Date{J' r ,' MAY 9 1991 ZONING BOARD OF APPEALS � So, WINDSOR pLMNINc Day Receipt # IMPORTANT: This application must be submitted to the Plana'irig -Department by the second Friday of the Preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ABSWERID AND ALL SUPPLE MS MUST BE SUB1IITTED. THE APPLICATION WILL BE RETURNED IF INCQPLETE. - 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: cl: L MAILING ADDRESS ', :fir.. -�� /,t�'=Tia�'r:� / �� 6 7 �r �� OWNER OF RECORD OF PROPERTY IN QUESTION % C!, L LOCATION OF PROPERTY IN QUESTION �y� /"/�5s-�u �C� ZONE OF PROPERTY IN QUESTION CHECK ONE OF THE FOLLOWING: Request Variance to Section of the Zoning Regulations to allow i t� ,fc?l-1 71 :L 2c), 7- Tip i[i, �'7 S t �C T T 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?_ (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . . Is the applicant owner, lessee, or prospective tenant? N G Are there any liquor outlets within the restricted area? /U o (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 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) . N�C"2 6ov/v. �E��i-f+L ST/i ru-r y�'_ ?y /`%�/L��'F 7U cleA/vT SUl?�/F_CT /�/JG0L27�i - u,3 ,0rNY/.v& 1ti'Af,!!�Ie�� USA" AN CC AID 1C1 U,4L7- 0/-- Dated this 9=,' day of �/]y Year /`�`�/ Telephone # 2-SE 335Z Coivh/- APPLICANT: ! C /yI/C/�'f��"L L "1221 T (Signature) OWNER: /'9z'_'W3'C S f L ,Exti/Q/TI %�'6 (Signature) ACTION OF THE BOARD GRANTED cI('I q I DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . </L� PINNEY, PAYNE, VAN LENTEN, BURRELL, WCLFE & DILLMAN, P.C. ATTORNEYS AT LAW A SEARLE rINNCY 26 WEST STREET 0046Y 7.'AY.(. NEW MILrORO OrrlcC TFJMAS W_V..LCNTCN POST OFFICE BOX 650 A0 ..AIN IT-ELT NCW MILrONO,CONNEC71CUT 06770 HUGH A.OURRELL DANBURY, CONNECTICUT 06810 NGB['IT J WOLrESU 01 .:el-M,DILLMAN (20J1 7.t J.2721 �10CEnELO OrrICC WILLIAM S.STLCL[,JR. J Crr RCY S.SICN KICWIC: .1U1 MAIN SI PCCT r[0 O. OACA[R•• RIOCCr1EL0.CONNECTICUT 06077 IZ031 136-3726 ,I—CS N.MALCNCY CO-.:;(L MICNA[L S.M.-ENNA Tn0••AS L.CnLVCT ALrRCO P.rOPtNO Nancy R. S ienkiewicz:SO AO--,E0 IN A January 24 1986 .LEASE REPLY TO New Milord V —ALSO AOMITTEO IN D.C.ANO NY George R. Sullivan , Jr . , Chairman Zoning Board of Appeals Town of New Milfora 24 Church Street New Milford , Ct . 06776 RE : Notificaticn 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 takina . In Smith v . ZoninO Board of Appeals , 174 Conn . 323 ( 1978 ) , where the p aintiff 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 t fr ?f Lurtnrrttrizf /Q3iE dO q� 1 .1 JOSEPH I. LIEBERMAN ATTORNEY GENERAL ��,✓ - -" N� " Cnfftrc Uf <1;r 'ttorl;c;7 Chc:;crz;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 . 9 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 By Nancy R. Sien iewicz N�/1 c G Douglas Hummel 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 .D . Drawer A Wethersfield, Ct 06109 Dear Mr . Marzi : RE : ZBA Application #1668-91 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 1511 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,RAeJ wrxa/1Q/V- V'G►rme2, of the South Windsor Zoning Board of Appeals, hereby certify that on Jur_Ae. (o, (q g I the Zoning Board of Appeals granted to: a variance to Section 5 • � of the Zoning Regulations to -G?IYYM ao. 3oc� S.-� +fl 19 9qS S.� on premises located (_�; �-rr_ and more particularly bounded and described as follows: Beginning at a point on the westerly line of Sullivan Avenue, seven hundred five (705) feet northerly from the northeast corner of land now or formerly of Arthur M. Van Sicklin et al. , measured along said westerly line of Sullivan Avenue; thence running westerly in a line forming an interior angle of 900 with said westerly line of Sul- livan Avenue two hundred three (203 ) feet; thence running northerly in a line forming an interior angle of 900 with st e last described esc ibforminp, line, one hundred (100) feet, thence running an interior angle of 900 with the last described line , two hundred three ('203) feet to the westerly line of Sullivan Avenue; thence run- ning southerly along said westerly line of Sullivan Avenue, one hundred (100) feet to the point of beginning; OWNER OF RECORD: U< � C'hc,�,ncn-, (F T f)L Dated at South Windsor, Connecticut thiso)00--day of lbhe 1991 ZONING BOARD OF APPEALS PUBLIC ACT #75-317 Received for Record this day of 19 at ATTEST: TOWN CLERK