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Home My WebLink AboutVariance (520) APPLICATION FOR RECEIVED Application 1T WN OF SOUTH WINDSOR 0 I Date ZONING BOARD OF APPEALS MW ! 1991 Re Sf2. WINDSOR PLANNING D Pg, F� IWMTAIITT: This application must be submitted to the Planning Department by the secon ! Friday of the, vrecedina month to insure being heard A the next meeting. ALL ITEM MUST BE ANSVEMM AND ALL SUPPLEMENTS MUST BE SUMUTTED. THB 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 street , lot lines, building lines, zone boundary lines, dimensions, and buildings present or p oposed, 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 hearin in a location visible from all abutting streets. - The applicant, or a repres, ntative, must be present for the public hearing. The time, date and place of the hear' ng will be advised by mail. - Inquiries on this application may be directed to the Planning Department at the South Windsor Town Hall. APPLICANT: K�A)Ivl:C 7/C u T /_"1--iV 1-1:1-7 O/- 7'riiy,>✓"C1-`711 Tic,' MAILING ADDRESS OWNER OF RECORD OF PROPERTY IN QUESTION LOCATION OF PROPERTY IN QUESTION /�A,r J%N% / U 'N ✓ ?ter `1'`1 ZONE OF PROPERTY IN QUESTION =i4 CHECK ONE OF THE FOLLOWING: Request Variance to Sectio' of the Zoning Regulations to allow ✓iJ:,i Ti v,v ✓' G .. L�//7 f-� �, J 7 c c, !-"T, -2 C- 612 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? G'OVE/�"/'�INT/fc 6/VOZEZVv;iVC 14(/r1-ia/--/Ty (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective tenant? No Are there any liquor outlets within the restricted area? /VO (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? /U C 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) . � C//Ijn i' Colv/V. Caw 612A c 7A 7-u rr /-/S- 2 c yr r ?a GBH IV T 7LiE GAd'//a/VC-z L✓OVLd /'F_SULT //V ?isE 7207�L /)LQviS/i/O/t/ bF 71-1E SLV J EC 7- 1620-2 rle-T y 7`�fy.( UCiv y/iv 71-/E O LIV,6<�` ) U C,E A/V2 0(-111-'v/0//VCb OF T<7iG /2FM/a//VOF� 7lfi�OvGt/ /l/c� l/IvLT �' jH/%/' nZIUI J, — N �/,� Dated this 9 day of R17 Y Year ln7 91 Telephone # 57 2 APPLICANT: �/ �'�- ' IViC�IAce'e� e- - roX Gc✓y�. ,O U T (Signature) OWNER: ,F14IS E XLC A 1/3 (Signature) ACTION OF THEBOARD GRANTED �) I l DENIED �. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4. • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .��. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . fXH PINNEY, PAYNE, V N LENTEN, BURRELL. WOLFE & DILLMAN, P.C. ATTORNEYS AT LAW A SCARLC r'INNCY 26 WEST STREET NEW NILrORD orrlcE DOReY 3.'AYNc• POST OFFICE BOX 650 '6 —IN •T.EET THOMAS W.V. LCNTEN MCW MILrOMU.CONNCC7ICUT 0877a NU011 A.BURRCLL DANBURY, CONNECTICUT C6810 (;03135s.Ua1 MCaCIITJ WOLrC -- vDI M,DILLNAN (203)7A3-2721 ✓?ro[rtcLc OrrICL W ILLIAM a.STECLE.JR. JOI NAIN SIRECT JCrrRCY S.SIENKIEWIC. RIDGCrIELD,CDNNCCTICUT 06077 TCD D.OACKER•• I:O 31��a.0736 -CS H.MALCNCY C OVNiCL MICNACL 3,MCKENNA THOMAS L.CM[NEY ALrRED P.rORINO N,:01cy R. S ienkiewicz January 24 , 1986 New Milford PLLASE AEV L Y TO AL50 ADMIT7CD IN VA •ALSO AOMITTEO IN D.C.AND NY - George R. Sullivan , Jr , , Chairman Zoning Board of Appeal Town of New Milford 24 Church Street New Milford, Ct . 0677 RZ : ?Iotification of P operty O%gners of Variable Application by DOT Dear Mr . Sullivan :. i I have researched the issue of whether property owners whose land is to be condemnec by a state agency must consent to the agency' s application fc r a variance . The answer is clearly, no . Section 48-24 of the G neral 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 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 cc.apensation 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. r f LI7TTTtFiftrlI� o YE GF�\ JOSEPH I. LIEBERMAN ATTORNEY GENERAL co Lnffirr of 'Q'.11c 'ktiornclT lhc::rra1 BRAINARD ROAD' HARTFORD, CT 06114 Telephone : 566-2257 February 28 , 1986 Douglas M. Hummel Assistant Property Agent Office of Rights of Way Department of Transporltation 24 Wolcott Hill Road Wethersfield , CT 06109I Dear Mr . Hummel : With reference to our onversation concerning Conn . Gen . Stat . s 48-24 as of this dat I have examined an opinion letter dated January 24 , 1986 by th law firm of Pinney, Payne , Van Lenten , Burrell , Wolfe & Dillm�n , P.C. addressed to the chairman of the New Milford Zoning Boa d 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 PL-;NEY, PAYNE.VAH LENTEN. BURRELL,WgLFE 6 DILLMAN, P. C. George R. Sullivan, Jr . —2— January 23 , 1986 market value c the remainder after the taking from the marke value of the property just prior to the t iking . Laurel , Inc . v. State , 169 Conn . 195 , 205 , 36 A. Meriden v . Highway Commissioner , 169 Conn . 650' , 3Z-b , 363 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 onnection of the variance applications by certified mail . This m thod of notification is obviously sufficient . The Board should consider the variance applications submitted by the Depart ent of Transportation under these circumstances . �, u r..cc lL 1, .� , Jeffrey B . Sienkiewicz New Milford Town Counsel By Nancy F. sien iewicz N�/lc 4 Douglas Hummel I *IL y 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 061 9 Dear Mr . Marzi : RE : ZBA Application #1669-91 At the meeting of thE Zoning Board of Appeals held on June 6 , 1991 , a variance was gran ed to Section 5 . 1 of the Zoning Regulations to allow reduction of 1 t area from 20, 300 s . f . to 20, 039 s . f on property located at 519 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 tw 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 off ce at your own expense . Very truly yours, Robert Warren Chairman Zoning Board of Appeals RW :dlb Enclosure I, R �� Gc,t/1 ma-r— , of the South Windsor Zoning Board of Appeals , hereby certify that on wr12 w �� the Zoning Board of Appeals granted to S Conn e �'GU r�Prv� a variance to Section of the Zoning Regulations r d cU G4' c , s�� U S �. a o on premises located at ;v and more particularly bounded and described as follows : Beginning at a point in the westerly line of Sullivan Avenue, Six Hundred Five (605) Jeet northerly measured along said westerly line of Sullivan _ Avenue from the narl hasterly corner of land now or formerly of Arthur M. Van Sicklin, et al; thence rune q westerly in a line forming an interior angle of 90°, with the last described 1 ne, Two;Hundred Three (203) feet; -- thence runni ng northerly in a line forming an interior angle of 90°, with the last described Hie, One Hundred (100) feet; thence running easterly in a line forming an interior angle of 90°, with the last described 1 ne, Two Hundred Three (203) feet to the westerly line of Sullivan Avenue; thence runn ng southerly along the westerly line of Sullivan Avenue, One Hundred (100) feet to the point of beginning. OWNER Uf RECORD: Do pro- h -e a no — Dated at South Windsor, Con ecticut this o90"- day of —,TUln-e 19 C! 1 -ZONING BOARD F APPEALS PUBLIC ACT # 75-317 Received for Record this day of 19 at ATTEST: TOWN CLERK