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HomeMy WebLinkAboutVariance (550) APPLICATION FOR . ���7�, pplication ITOWN OF SOUTH WINDSOR Ion ZONING BOARD OF APPEALS ; Receipt #_ South Windsor Planning & Zoning Coo-nmissiou I2�OETAAT: 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 ANSiiEtM AND ALL SUPPLEMENTS MUST BE SUMffTTED. THE APPLICATION WILL BE RETURMW IF INCOMPLETE. t be filed in duplicate. or printed in ink. roperty in question must be submitted with the aes, building lines, zone boundary lines, dimensions, n�1 snd buildings on adjacent properties and distance legal description of the property must be submitted 1 :ion can be obtained from mortgage records. Lt must be displayed on the property at least 10 days ration visible from all abutting streets. must be present for the public hearing. The time, je advised by mail. Inquiries on this application may be directed to the Planning Department at the South Windsor Town Hall. , APPLICANT: —rov n,c,(+;( or? 4 ov, ill 4- MAILING ADDRESS 64"/6) OWNER OF RECORD OF PROPERTY IN QUESTION Lr I/ LOCATION OF PROPERTY IN QUESTION i�I S.v ,� Cck!( Il d ZONE OF PROPERTY IN QUESTION �hI �( �e al ee S A elvL l -J CHECK ONE OF THE FOLLOWING: 1' r Request Variance to Section of the Zoning Regulations to allow k�d�C-h �r► I rf r<,( r�` 2�L(C-rri 410 3 5 r r -fD 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!`yf,(Am6'14 Ccr1(kt'V?"ln I o L'1 fh r� (If Corporation, submit a list of officers. If' o-partnership, submit a list of owners). Is the applicant owner, lessee, or prospective tenant? I\0 Are there any liquor outlets within the restricted area? KC) (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? rC) 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). J i x (,o i �1(S V Si_ k L 1*n tl �t)G Dated this (�� - of Year j Telephone 1 r7�,rj ^23 APPLICANT: J� , + (Si nature) OWNER: Q 8IR S.L.0 P N ►► i T"S N S (Signature) ACTION OF THE BOARD GRANTED DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . • `�/ - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . � . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . r ZX'1_/ ' PINNEY, PAYNE, VAN LENTEN, BURRELL. WOLFE & DILLMAN, P.C. ATTORNEYS AT LAW A SCAALE FINNEY 25 WEST STREET NEW MILrOPD OrrICE Donal a.►AYNE. POST OFFICE BOX 650 A0 MA,N ATPEET TMOM"W.V..LCNTCN NCW MILrOND.CONNECTICUT 00770 NUDM A.DUNPELL DANBURY, CONNECTICUT 06a{O _ C203I 30S.0 aI MO a(IIT J WOLr[ -- _ wtl-M.DILL... (20317a3.272i AIDGE-CLO OrrICL WILLIAM S.STLCLE.JP. AOI M.IN SlP(CT JErrPCY S.SIC—EWIC: PIDD(rIELD,CONNEC71CUT 06077 TE7 0.aACACN•• ro3I.3e•3726 JAMS M.MALCNEY C OL:N',CL IIICMACL S.MCKLNNA THOMAS L.CNLN(Y ALrPED P.ronlNO Nancy R. SiAnkiewic` January 29 , 1986 New Milford 'LEASE PCPLY TO •L50 ADMITTED IN VA ••.L50 ADMITTED IN O.C.AND NY George R. Sullivan, Jr . , Chairman Zoning Board of Appeals Town of New Milfora 24 Church Street New :Milford , Ct . 06776 RE : "•Iotificatzon of P r o o e r t y 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 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 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 conseque^tial 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 r • `s i ir4EY. PAYNE.VAN LENTEN. BURRELL.WOLFE 6 OILLMAN,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 . ; Merioen v . Highway Commissioner , 169 Conn . 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. Sien iewicz N�/l c o Douglas Hummel p '�t�Ttr of (Calmrfttfizt A Y Gk � JOSEPH I. LIEBERMAN ATTORNEY GENERAL OF C'N Lnffirr of Z1Tr _'�'tt6rI1CIT C6r .r;t1 07 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 . 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 THIS IS TO CERTIFY that the State of Connecticut, acting herein by its i Commissioner of Transportation, Emil H. Frankel, pursuant to the provisions of Section 13a-73(b), the General Statutes of Connecticut, as revised, has taken by filing an Assessment and Notice of Condemnation on April 25, 1991 , with the Clerk of the Superior Court in the Judicial District of Hartford-Ne'.J Britain at Hartford the following described property owned by The Wapping Community Church, Inc., 1790 Ellington Road, South Windsor, Connecticut 06074, j Attn: Tom Rosfjord, President, and in which the following persons and/or corporation had an interest of record therein: First Federal Savings and Loan of East Hartford (Mortgagee) 1137 Main Street East Hartford, Connecticut 06108 The Metropolitan District (Lien) 555 Main Street Hartford, Connecticut 06101 i DESCRIPTION OF PROPERTY I i Said premises are situated in the Town of South Windsor, County of i Hartford and State of Connecticut, and described as follows: I� Parcel No. 1, situated on the northeasterly side of Present Sullivan Avenue, Route 194, containing 0.115 of an acre, F,�oLe or less, and bounded: SOUTHWESTERLY - by Present Sullivan Avenue, Route 194, a total distance of 502.61 feet; NORTHERLY - by land now or formerly of the Town of South . I' Windsor, 11 feet, more or less; I EASTERLY, NORTHEASTERLY - by Owner's remaining land, a total distance of AND NORTHERLY 566 feet, more or less, by a line designated "Taking Line, " as shown on the map hereinafter referred to; j i I i �) 1 of 4 II The Wapping Community Church, Inc. 132-112-5 SOUTHEASTERLY - by Present Ellington Road, Route 74, 18 feet, j; more or less; SOUTHERLY - by Present Oakland Road, Route 30, 62.55 feet. Parcel No. 2, Situated on the northerly side of Present Oakland Road, Route 30, containing 0.109 of an acre, more or less, and bounded: � SOUTHERLY - by Present Oakland Road, Route 30, 189.8 feet; NORTHWESTERLY - by Present Ellington Road, Route 74, 23 feet, more or less; NORTHERLY - by Owner's remaining land, 182 feet, more or less, by a line designated "Taking Line, " as i shown on said map; I( EASTERLY I- by land now or formerly of Marion J. Snow, 22 feet, more or less. f And said two parcels contain a total area of 0.224 of an acre, more or less, together with all appurtenances, all of which more particularly appears ; on a map entitled: "Town of South Windsor, Map Showing Land & Easement j Acquired From Wapping Community Church, Inc. by The State of Connecticut, Conn. Rte. 194, Rte. 30 & Rte. 74, Scale 1" = 401 , November 1989, Robert W. Gubala, Transportation Chief Engineer - Bureau of Highways." (132-112-5) I� Said premises are taken together with the following easements and rights j on portions of Owner's land: 1. A full and perpetual easement to slope for the support of the highway within an area of 0.010 of an acre, more or less, and located between and opposite approximate Stations 53+82 and 54+20 left, Base Line Present Oakland Road, Route 30, as more particularly shown on said map. 2. A full and perpetual easement to slope for the safety of the highway !� and remove, use, or retain excavated material within an area of 0.025 of an acre, more or less., and located between and opposite approximate Stations 126+31 and 127+40 right, g 124+80 and 126+00 right, 124+03 and !: 124+65 right, Present Sullivan Avenue, Route 194, and Station 52+15 left, Base Line Present Oakland Road, Route 30, and approximate Station 123+75 right, Base Line Present Sullivan Avenue, Route 194, as I more particularly shown on said map. I I I i I i I 2 of 4 i 4 of 4 i ii l liThe Wapping Community Church, Inc. 132-112-5 j f 3. An easement for temporary work area, Parcel No. 1, for the purpose of access for construction equipment, construction of retaining wall, to grade, seed and to otherwise restore any areas disturbed during the j reconstruction of Route 194, Sullivan Avenue and Route 30, Oakland Road, within an area of 0.202 of an acre, more or less, and located, between and opposite approximate Stations 127+40 right, Present Sullivan Avenue, Route 194, and Station 52+15 left, Base Line Present Oakland Road, Route 30, as more particularly shown on said map. li I Said easement automatically terminates upon completion of the roadway j reconstruction project unless sooner released by the State. Tne j+ temporary easement area taken under this paragraph will be restored by i removal of all temporary installations and by restoring all areas disturbed during construction. j j� 4. An easement for temporary work area, Parcel No. 2, for the purpose of access for construction equipment, construction of retaining wall, to j grade, seed and to otherwise restore any areas disturbed during the j reconstruction of Route 194, Sullivan Avenue and Route 30, Oakland Road, within an area of 0.049 of an acre, more or less, and located j between and opposite approximate Stations 52+45 and 54+23 left, Base ; Line Present Oakland Road, Route 30, as more particularly shown on l said map. t Said easement shall automatically terminate upon completion of the roadway reconstruction project unless sooner released by the State. ` The temporary easement area taken under this paragraph will be !1 restored by removal of all temporary installations and by restoring iff all areas disturbed during construction. i 5. A right to construct retaining wall, driveway and sidewalk within an area located between and opposite approximate Stations 124+05 right, Base Line Present Sullivan Avenue, Route 194, and 53+58 left, Present Oakland Road, Route 30, as more particularly shown on said map. The State shall not be responsible for the maintenance of said retaining wall, driveway or sidewalk. ii !! 6. A right to install timber beam rail within a distance of 110 linear j� feet, more or less, and located between and opposite approximate Stations 122+93 and 124+05 right, Base Line Present Sullivan Avenue, it Route 194, as more particularly shown on said map. The. State shall f not be responsible for the maintenance of said timber beam rail. ! 7. A right to grade and to remove sidewalk and driveway within an area j located between and opposite approximate Stations 123+10 and 124+70 j� right, Base Line Present Sullivan Avenue, Route 194, as more particularly shown on said map. j I i I I 3 of 4 The Wapping Community Church, Inc. 132-112-5 j The aforesaid three rights shall terminate automatically upon completion of the work by the State. The land taken herein is a portion of the premises contained in a Warranty Deed dated February 10, 1868, and recorded in Volume 6 at Page 439 of the South Windsor Land Records; a Quit-Claim Deed dated August 5, 1957, and recorded in Volume 60 at Page 236 of said land records; a Warranty Deed dated" February 18, 1960, and recorded in Volume 77 at Page 19 of said land records; a Quit-Claim Deed dated September 28, 1966, and recorded in Volume 116 at Page 534 of said land records; a Quit-Claim Deed dated October 22, 1959, and recorded in Volume 74 at Page 265 of said land records. i Dated at Wethersfield, Connecticut, this j day of `' 1991. Emil H. Frankel Commissioner of Transportation t1 State of Connecticut AM 2 199 r� n� * C1� c r L�(. '� C L_G�. 4-C�� �- L.S. ) IN .,01,1TH 11VINDSOr By � LANE) ?�t,ORC8 PAGE y0��C� Robert W. Gubala Chief Engineer Bureau of Highways _ _ Duly Authorized ! I I i I I 4 of 4 i r' � ;, A PINNEY, PAYNE, VAN LENTEN, BURRELL• WOLFE b DILLMAN, P.C. ATTORNEYS AT LAW A SEARLE PINNEY 26 WEST STREET NEW NILroRD orrlcE OCINSY 3.►AYNE• POST OFFICE DOX 6.50 .e MA.N \T.LCT TMJMAS w.V..LCNTLN NEW MILrCNU.CONKCC T,CUT Oe77e MUOM A.PIURRELL DANBURY, CONNECTICUT 06810 353.1,al NopcRYJ JCl— M.CILL—N 12C3t 7AO.2721 .,OOcr, cLc orrlcL WILLIAM S.S71.CLE•JR. 10, MAIN 51 RCET JErrRCY a.SICNAICW,C: PIDOCrut.D.CONNECT ICUT 05 077 TED D.BACKER" IiO JIA 3p.37,26 JAMr.S M.MALCNCY C.CU.SCL M,CMACL S.MCKENMA THOMAS L.CMENCY ALI-RED P.rO.,NO Nancy R. S ienkiewicz January 24 , 1986 .LEASE REPLY To: New Milford . ALSO ADMITTED IN vA 1.50 AOMITT ED 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 Rom . ?•lotifi cation 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_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 . P;e disagree . The plaintiffs ' claims for consequetial 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 :' NFY, PAYNENAN 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 . Meriden v . Highway Commissioner , 169 Conn . 65b,—T6T,- 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 . S, , . Jeffrey B . Sienki.ewicz New Milford Town Counsel By Nancy R. Sien iewicz N�/lc o Douglas Hummel f C, annrrftrnt 7- EY G F JOSEPH I. LIEBERMAN ATTORNEY GENERAL OF CONN Lflffzcc cf !Tc �ttar:Tcu 9) BRAINARD ROAD HARTFORD. CT M114 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 . 5 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 BY: v' Paige Everin Assistant Attorney General PE: rw � I IThe Wapping Community Church, Inc. 132-112-5 I '.i 3. An easement for temporary work area, Parcel No. 1, for the purpose of access for construction equipment, construction of retaining wall, to I grade, seed and to otherwise restore any areas disturbed during the i j� reconstruction of Route 194, Sullivan Avenue and Route 30, Oakland. II Road, within an area of 0.202 of an acre, , more or less, and located i between and opposite approximate Stations 127+40 right, Present I Sullivan Avenue, Route 194, and Station 52+15 left, Base Line Present Oakland Road, Route 30, as more particularly shown on said map. it Said easement automatically terminates upon completion of the roadway recoilstrsction project unless sooner released by the State. The !� temporary easement area taken under this paragraph will be restored by i removal of all temporary installations and by restoring all areas j I disturbed during construction. j{ 4. An easement for temporary work area, Parcel No. 2, for the purpose of access for construction equipment, construction of retaining wall, to grade, seed and to otherwise restore any areas disturbed during the reconstruction of Route 194, Sullivan Avenue and Route 30, Oakland jl Road, within an area of 0.049 of an acre, more or less, and located between and opposite approximate Stations 52+45 and 54+23 left, Base Line Present Oakland Road, Route 30, as more particularly shown on i said map. ,I it Said easement shall automatically terminate upon completion of the roadway reconstruction project unless sooner released by the State. I The temporary easement area taken under this paragraph will be restored by removal of all temporary installations and by restoring j !� all areas disturbed during construction. 5. A right to construct retaining wall, driveway and sidewalk within an area located between and opposite approximate Stations 124+05 right, j Base Line Present Sullivan LIvenue, Route 194, and 53+58 left, Present Oakland Road, Route 30, as more particularly shown on said map. The State shall not be responsible for the maintenance of said retaining If wall, driveway or sidewalk. 6. A right to install timber beam rail within a distance of 110 linear j feet, more or less, and located between and opposite approximate Stations 122+93 and 124+05 right, Base Line Present Sullivan Avenue, j Route 194, as more particularly shown on said map. The. State shall not be responsible for the maintenance of said timber beam rail. I 7. A right to grade and to remove sidewalk and driveway within an area located between and opposite approximate Stations 123+10 and 124+70 j right, Base Line Present Sullivan Avenue, Route 194, as more i particularly shown on said map. I j i I 3 of 4 The Wapping Community Church, Inc. 132-112-5 The aforesaid three rights shall terminate automatically upon completion of the work by the State. The land taken herein is a portion of the premises contained in a Warranty Deed dated February 10, 1868, and recorded in Volume 6 at Page 439 of the South Windsor Land Records; a Quit-Claim Deed dated August 5, 1957, and recorded in Volume 60 at Page 236 of said land records; a Warranty Deed dated February 18, 1960, and recorded in Volume 77 at Page 19 of said land records; a Quit-Claim Deed dated September 28, 1966, and recorded in Volume 116 at Page 534 of said land records; a Quit-Claim Deed dated October 22, 1959, and recorded in Volume 74 at Page 265 of said land records. Dated at Wethersfield, Connecticut, this day of 11 ` " 1991. I Emil H. Frankel Commissioner of Transportation 2 State of Connecticut A, q3-1 Crr;: C, f SC I? B . �R�E„ N ..�1,,H sfu�NDSGr Y I G..C,S V0 � Robert W. Gubala 1 La..fC REC AGE Chief Engineer Bureau of Highways Duly Authorized I i 1 1 f :eta 4 of 4 AO Pi sty<� Go) ;D Or •OS Uo °NN. 06074 1540 SULLIVAN AVENUE °UTH WINDSOR. 25AREA CODE R COS April 3, 1992 C E R T I F I E D M A I L Michael L. Marzi, Representative Office of Rights of Way p.0. Drawer A Wethersfield, CT 06109 11196 Dear Mr. Marzi: Re: Application #2041-92 Appeals held on April 2, At the meeting of the ronin anted to rd of oSection10 . 2 of the Zoning 1992, a variance was g Regulations to allow reductiot °located lot rat them 40,075 7 s t• northsideof to 39 ,596 + sq. ft. on property Oakland Road, RR zone with the following stipulation: 1 , Wapping CommuniayChurch State of Connecticut in for the the error cause by surveying procedure. The hardship placed with this appeal is that if the Zoning Board of Appeals denies this application the State of Connecticut would condemn the property. Apr 2, 1992 and upon your filing of This action is effective expense. the enclosed form in the Town Clerk's office at your own Ver truly � yours , , I R bert W. Warren, Chairm� Zoning Board of Appeals RWW/pmm Enclosure I, Robert W. Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on April 2, 1992, the Zoning Board of Appeals granted to: Connecticut Department of Transportation, P.O. Drawer A, Wethersfield, CT 06109-0801 a variance to Section 10 . 2 of the Zoning Regulations to allow reduction of lot area from 40, 075 ± sq. ft. to 39,596 ± sq. ft. on premises located: on the northerly side of Oakland Road and more particularly bounded and described as follows: Parcel No. 1, situated on the northeasterly side of Present Sullivan Avenue, Route 194, containing 0.115 of an acre, more of less, and bounded: SOUTHWESTERLY - by Present Sullivan Avenue, Route 194, a total distance of 502.61 feet; NORTHERLY - by land now or formerly of the Town of South Windsor, 11 feet, more or less; EASTERLY, NORTHEASTERLY - by Owner's remaining land, a total distance of AND NORTHERLY 566 feet, more or less, by a line designated "Taking Line," as shown on the map hereinafter referred to; SOUTHEASTERLY - by Present Ellington Road, Route 74, 18 feet, more or less; SOUTHERLY - by Present Oakland Road, Route 30, 62.55 feet. Parcel No. 2, situated on the northerly side of Present Oakland Road, Route 30, containing 0.109 of an acre, more or less, and bounded: SOUTHERLY - by Present Oakland Road, Route 30, 189.8 feet; NORTHWESTERLY - by Present Ellington Road, ' Route 74, 23 feet, more or less; NORTHERLY - by Owner's remaining land, 182 feet, more or less, by a line designated "Taking Line," as shown on said map; EASTERLY - by land now or formerly of Marion J. Snow, 22 feet, more or less. OWNER OF RECORD: Wapping Community Church, Inc. Dated at South Windsor, Connecticut this 3rd day of April 1992 Robert W. Warren, Chairman PUBLIC ACT #75-317 Received for Record day of 1991