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Home My WebLink AboutVariance (543) APPLICATION FOR Application # TOWN OF SOUTH WINDSOR Date ZONING BOARD OF APPEALS Receipt impoRTANT: 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 SUPPIMONTS MUST BE SUNUTTRD. THE APPLICATION WILL BE RETURNED IF INCONPLETE- - 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.: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 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: C /i'eV C:� T/e i i � lf✓ 7%i /./y i Cat ✓'� ''/�iv.�e'� 7✓� i!cr�r MAILING ADDRESS /� t `- �f f_/I, �. r� j,. �:4 "://�� ,�.. _a t `��.i ', OL OWNER OF RECORD OF PROPERTY IN QUESTION f^yc- LOCATION OF PROPERTY IN QUESTION Lj. ; %' E a:.", 4 - ZONE OF PROPERTY IN QUESTION CHECK-ONE OF THE FOLLOWING: Request Variance to Section of the Zoning Regulations to allow _ A` ,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? CrQVZIeIVM,6NTAL C t�/�Ei�NJN� /IV iHn2 i'y (If Corporation, submit a list of officers. If Co-partnership, submit a list of owners) . Is the applicant owner, lessee, or prospective °henant? A10 Are there any liquor outlets within the restricted area? N 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? A/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) . VN�L2 C�%NN• �Tfi�Ei�/JL �YT/i>v�/ ��' -2�/ F/�/L y�F_ ?'o &.4�,/A/V 7 !n/yyL/� 2Fs(i�7 /N 7L//5' 707/9L /7CQvrS/ 7-/o/-%j 0,4' 7/�E S�/3 JFC T �/c'oF'C�7Y 7/-/v3 0ANY11v& 7116F dw/vF_r (S') U_SE Atio OCcu'-'A—GY D,-- 76%/_ 7/-//2 o U C-N N 0 wh/_ H Dated this �✓ day of J<1Nv4/<Y Year `3�Z Telephone # 2 3s52 APPLICANT:�L! Vy �, �� Af1Ci-/AEt G. IV4127 -/&/-w r Fob C oNN- D U_ 7 (Signature) OWNER: pz.,7sl-' .s�f rXti'i1-?I rs A -A6 (Signature) ACTION OF THE BOARD TED 6+ucz (a /99a DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . P . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 A PINNEY, PAYNE, V.aN LENTEN, BURRELL. WOLFE S DILLMAN, P.C. ATTORNEYS AT LAW A SEA✓•LE PINNCY 25 WEST STREET NEW MILrORO OEIICE 0045Y a.PAYNC• POST OFFICE BOX 65C .0 MAIN 17-ECT THOMAS W.V..LCNTEN NEW MIL7CRU.COMMEC71CUT 06770 MUCH A.6URRELL DANBURY, CONNECTICUT 06810 r,o�I �aa naI NOS(NTJ WOLfC JC'r.N M,DILL- (203)7AD-27ZI AIOOCl,CLC 0—CL WILLIAM S.STLELE.JP, •01 MAIN ST RCCT JC/rRCY 6.SIENAICWIC: RI.r."EL0.CONNECT ICUT 06077 TED D. 5ACMC... 12031•]a 372. JAMf.5 M.MALONEY C Cc:NS[L MICHAEL S.MCMENMA L.CMCNCT ALrRED P.ram NO Nancy R. S ienkiewicz January 24 , 1986 /LEASE RCPLY TO New Milord ALSO ADMITT CD IN VA "ALSO AOMITTEC IN D.C.AND NY George R. Sullivan , Jr . , Chairman Zoning Board of Appeals Town of New Milford 24 Church Street New Milford , Ct . 06776 Ri : Notificaticn of Prouerty Owners Of variable Application by DOT Dear fir . 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_aint� �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 ccmpensation 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-ir4u. PAYNE.VAH LENTEN. GURRELL;WOLFS 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 , 36 A, a . ; Meri en V . Highway Commissioner , 169 Conn . 65'; (ibJ � A, a , q , 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 . .,_.nCcrc�� Jeffrey B . Sienkiewicz New Milford Town Counsel By Nancy R. Sien iewicz N /lc • o Douglas Hummel E G— ,o, d JOSEPH I. LIEBERMAN ATTORNEY GENERAL FO Lnfficr of 'I!;r ,:ar11c1T 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 , JOSEPH I . LIEBERMAN ATTORNEY GENERAL v' Paige Everin Assistant Attorney General PE : rw STATE OF CONNECTICUT DEPARTMENT OF TRANSPORTATION ROW-2A REV.9/89 ABSTRACT SHEET UPON COMPLETION, PLACE SHEETS IN ORDER AND NUMBER-USE SEARCH#IN PLACE OF OWNER IF APPLICABLE VOL. PAGE 7 4� OWNER TOWN So Gv,""_- s(_Y INSTRUMENT C, ROAD Z V C k( C"4 EXECUTED 8- - RECORDED q/ PROJECT / ? d / DATE ZU � TITLE EXAMINER CONSIDERATION C, A( ` USIRS O") e, SHEET# L � ee GRANTOR GRANTEE /toLcrf- A . Orso � d� f�}.�� Urso .S Cc 'y zo 1 ,5 Y 7 LV +�,�. d S G� C- �` d Cc 7 QF I , Robert W . Warren , Chairman of the South Windsor Zoning Board of Appeals hereby certify that on February 6 , 1992 , the Zoning Board of Appeals granted to : the State of Connecticut Department of Transportation , P .O . Drawer A, Wethersfield , Connecticut a variance to Section 10 . 1 of the Zoning Regu ', ations to allow reduction of lot area from 36 , 800(+/- ) square feet to 31 , 921 (+/- ) square feet on ~remises located : west side of Buckland Road and more particularly bounded and desribed as follows : Beginning at a point in the Westerly street line of Buccland Road, said point being the Nort!�-terly corner of land formerly of the Trust Estate of Elizabeth P. Grant et als and the Southeasterly corner of the parcel of land :rein described, said point being Northerly of the Northeasterly comer of a farm warehouse building situated on the Vbsterly side of Buck'-and ?bad; T'nence, muting Northerly along the Westerly street line of ?u&J=id Road,' one hundred sixty (160). feet, rmre or.less, to a point in the westerly street line of Buccland Road, said point being the Nort'raster_y comer of the Parcel of land herein described and the Southeasterly corner of land now or formmerly of one Ne.ers; ?Ytenm, ranting Westerly along land now or formerly of one hkvers and along land foarerly of the Trust Estate of Elizabeth P. Grant et als, two hundred tarty (230) feet, rmre or less, to a crncrete ¢rs anent; T.texe, ranting Southerly along land now or foarerly of the Trust Estate of ELizabeth P. Grant et als, one hundred sixty (160) feet, more or less, to a c>ncete amu e_nt; T`.nence, naming Easterly along land now or formerly of the Trust Estate of Elizabeth P. Grant et als, t.,c hundred thirty (230) feet, rmre or less, to the point of beginning. OWNER OF RECORD : Dated at South Windsor , Connecticut this 14th day of January , 1992 . R bert W . Warren , Chairman PUBLIC ACT #75-317 Received for Record day of 1992 at ATTEST . TOWN CLERK y r TOW;n 071CS"VtdA Wi�� O � NP �� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CONN. 06074 AREA CODE 203/644-2511 '��SOR•CO February 13 , 1992 C._.E R.. T_ . F I E. D M A_ I _L State of Connecticut Department of Transportation P . O . Drawer A Wethersfield , CT 06109-0801 ATT : Michael L . Marzi , Representative Office of Rights of Way RE : ZBA Application #2027-92 : Connecticut Deparmtent of Transportation - west side of Buckland Road Dear Mr . Marzi : At the meeting of the Zoning Board of Appeals held on February 6 , 1992 , a variance was granted to Section 10 . 1 of the Zoning Regulations to allow reduction of lot area from 36 , 800(+/- ) square feet to 31 , 921 (+/- ) square feet on property located on the west side of Buck l and Road . (RR Zone) (/-o-c q ) ( ;,,z--, (, This action is effective February 6 , 1992 and upon your/ filing of the enclosed form in the Town Clerk ' s office at your own expense. Very truly yours , Robert W . Warren , Chairman Zoning Board of Appeals RWW/asb Enclosure