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HomeMy WebLinkAboutVariance (672) Fee APPLICATION FOR Receipt No.�, TOWN OF SOUTH WINDSOR ZONING BOARD OF APPEALS 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 ITEKS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. 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 buildings present or proposed, and buildings on adjacent properties and distance from subject property. - If a variance is being requested, a legal description of the property must be submitted with the 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: Getty Petroleum Corporation MAILING ADDRESS 33 Park Plaza P .O. Box 258 Lee, Ma 01238 OWNER OF RECORD OF PROPERTY IN QUESTION Getty Petroleum Corporation LOCATION.OF PROPERTY IN QUESTION 569 Sullivan Avenue South Windsor, Ct . ZONE OF PROPERTY IN QUESTION_ CHECK ONE OF THE FOLLOWING: XX Request Variance to Section t -of the Zoning Regulations to allow Q C XX -to ba �— Dor 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 f Is applicant a corporation or co-partnership? ' If Corporation, submit a list of officers. owners) . re Is the applicant (ownerl lessee, or prospective tenant? Are there any liquor outlets within the restricted area? NO (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?����r/�/n 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),. DTP a rP in an i ndnsgt ri a l zc)nn and i-'h Gt-ryi (-P �i att�n Psi et c fl Dated this 24th day of July Year. .1989 Telephone W 3) 243-4083 A 2AN=x Authorized Agent for Getty Petroleum— (Signature) ROUhLD J 0 TU Rom: Authorized Agent for Getty Petroleum-- (Signature) RONALD J . ORTUNE ACTION OF THE BOARD GRANTED on 9/7/89 DENIED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Q.lr-'< , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . �._ . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Granted a 19' variance to allow a canopy to be construction 16' from front property line. See l ef" -6-rn 4ff de" 1' �h t 3 t0wN $f4 r 710-u olle S-0� 1540 SULLIVAN AVENUE • SOUTH WINDSOR. CONN. 06074 OR•CO AREA CODE 203/644-2511 September 14 , 1989 ^,etty netroleum Corporation CERTIFIED MAIL 33 Park Plaza P.O. Box 258 Lee, MA 01238 Attn: Mr. Conrad Decker Reference: Application #1481-89 - 569 Sullivan Avenue Property Dear Mr. Decker: At the meeting of the Zoning Board of Appeals held on September 7, 1989 , a 19 ' variance was granted to Section 5 .2 of the Zoning Regulations to allow a canopy to be constructed 16 ' from front property line on property located at 569 Sullivan Avenue, South Windsor, Ct. The Board was in agreement that several variances have been granted in the past for other gas stations for ' canbpies .because there is a need to protect the customers from inclimate weather. This action is effective upon your filing of the enclosed form in the Town Clerk' s office at your own expense. Very truly yours, Richard H. Eriksson, Chairman Zoning Board of Appeals RHE/dlh Enclosure 0 00 1 p . Z�►JtIqN �X2� -17 U MlO1 D"7 �� FjCl�jr txJN J'JlA Doi .MAN o _ Do i SD.bO , • �cly�' j71LIVE �xi� DK�VE S-1 LLl VAS 4 A\/E_ volume-362. Page N° 015 ` STATUTORY FORM QUIT CLAIM DEED LEONARD LITWIN i of 18 Broadlawn Avenue, Great Neck, New York 11024 00470 , ; for the consideration of $85,0o0.00 grants to LEEMILT'S PETROLEUM, INC. ,• a New York corporation with offices. at 175 Sunnyside $oulevard, Plainview, N.Y.11803yyith QUIT-CLAIM COVENANTS (Description and Encumbrances•it any and any additional Provisions) a certain piece or parcel of land, together with the improvements thereon and appurtenances thereto situated on the Southerly side of Sullivan Avenue in the Town of South Windsor, County of Hartford and State of Connecticut and being more' particularly bounded and described as follows: Beginning at a point marked by an iron pin on the Southerly Street line of Sullivan-Avenue, which point marks the intersection of said Southerly Street line of Sullivan Avenue with the division line between the herein described premises and land next easterly thereof belonging now or formerly to Povilas Bielski; thence running in a general Southerly direction in a straight line along the Westerly boundary line of land now or formerly of Povilas Bielski, said line forming an interior angle of 83°02'35" with said Southerly street line of Sullivan Avenue, a dis tance of 250.00 feet to a point; thence turning and running in a general Westerly direction in a straight line along the Northerly boundary line of other land now or formerly of William J. Jurgelas, said line forming an interior angle of 96°57'25" with said last described line, a distance of 250.00 feet to a point marked by an iron pin; thence turning and running in a general Northerly direction in a straight .line along the G t Easterly boundary line of other land now or formerly of William J. Jurgelas "1 said line forming an interior angle of 83*021356 with said last described . ] a, line a distance of 250.00 feet to a point in the Southerly street line 1 of Sullivan Avenue, which point is marked by an iron pin; thence turning and running in a general Easterly direction-in a -straight line along the is Southerly street line of Sullivan Avenue, said line forming an interior angle of 96*57125" with said last described line, a distance of 250.00 feet to the iron pin marking the point or place of beginning. Said Premises are conveyed subject to the following: (1) Provisions of existing building, zoning and environmental laws and planning regulations which do not prohibit or impair the use and operation of a. retail gasoline station; and ! (2) restrictions and easements of record which do not prohibit or impair the use and operation of a retail gasoline station providing that . any such restrictions or easements, if violated, will not-cause a f; forfeiture or reversion of title and same do not impose any affirmative , obligation or •duty on the owner hereof; and - '' (3) such taxes for the current year as are not now due and payable; and (4) any liens for municipal- betterments assessed hereafter; and (5) any state of facts an accurate survey or- inspection would {± reveal.. 8 425.00�_wnCl�,_�_,kouf vys co Ta _ 8 93 0 Connveya�ce T ocoived ocoived r T South WinciSor own Clerk of South Windsor l RICHARD M. RITTENBAND ATTORNEY AT LAW 1750 MKS+ELLINGTONROAD SOUTH WINDSOR,CONNECTICUT 06074 (203)644.2456 February 12, 1990 Mr. Richard H. Eriksson Chairman South Windsor Zoning Board of Appeals Re: Myette v. South Windsor ZBA Application #1471-89 Dear Dick: Enclosed is a copy of the Motion for Judgment and the Court's order directing the Zoning Board of Appeals to deny the variance in the above matter originally granted to Getty Petroleum. This is based upon a previous direction by the ZBA not to contest this appeal and Getty's letter of January 11, 1990 abandoning the variance, all of which is enclosed. This is to request that you place the subject variance on the agenda, revoke the approval previously given, and deny the application as per the Court's order. Thank you. Very yours, Richard M. Rittenband South Windsor Town Attorney RMR:ds Enc. • NO. CV 89-0364887S WILLIAM F. MYETTE, ET AL SUPERIOR COURT VS. JUDICIAL DISTRICT OF HARTFORD/ SOUTH WINDSOR ZONING NEW BRITAIN AT HARTFORD BOARD OF APPEALS, ET AL : JANUARY 31 , 1990 MOTION FOR JUDGMENT The plaintiffs, William F. Myette and Marjorie A. Myette ("Myettes") , move for judgment- in their favor in the captioned latter on the following basis: 1. On September 11, 1989, counsel for plaintiffs received a letter from defendant Getty Petroleum Corporation ("Getty") to the effect that Getty did not intend to pursue the variance at issue herein. A true and correct-. copy of the letter is attached hereto, made a part hereof and marked Exhibit A. 2. On September 15, 1989, Getty was defaulted For failure to enter an appearance in this case. 3. Thereafter, in a letter dated January 11, 19901 defendant Getty advised defendant South Windsor Zoning Board of Appeals. ("ZBA") that it had "abandon[ed] the car wash variance TESTIL"o-ilY IS NOT R URED Oiu"►L AIR-2: ti'LE :i NOT ESTED IL V /I 1�- MAR:705 =yrlA L A.i . /L ti \� granted on July 6, 1989. " In the said letter, Getty "request[ed] that the [ZBA] disengage the defense of said variance in the court action brought by William F. Myette. 11. A true and correct copy of Getty's letter is attached to the . Stipulation incorporated herein and marked Exhibit $ hereto. 4. Subsequently, relying upon Getty's position as stated in- its letter of January 11,- 1990, the defendant ZBA entered into the Stipulation attached hereto., incorporated herein and marked Exhibit B. 5. � Based on Getty's default as of September 15, 1989 and the Stipulation attached hereto, the Myettes are entitled to Judgment in their favor and against. the defendants. WHEREFORE, plaintiffs pray that a judgment enter sustaining plaintiffs' appeal without costs, and directing the defendant ZBA to deny defendant Getty's variance application as set forth in the plaintiffs'. Complaint. PLAINTIFF, WILLIAM F. MYETTE, ET AL. By .q Mark A. Rosenblum Their Attorney Rogin, Nassau, Caplan, Lassman & Hirtle CityPlaae Hartford, CT 06103-3460 (203) 278-7480 Juris. No. 50793 - 2 MAR:705 O n D R The foregoing Motion for Judgment having been duly' considered by the Court, judgment is hereby entered in favor of the plaintiffs sustaining plaintiffs' appeal without costs, and directing that the said variance be denied by the South Windsor Zoning Board of Appeals. .• ran d/D�3ed. V � �� .� •� BY THE COURT Dated: Judge/efWft CERTIFICATION This is to certify that a copy of the- foregoing has been sent by certified mail this 3fc+- day of January, 1990 to the following: Zoning Board of Appeals Town of South Windsor c/o Richard M. Rittenband, Esq. 1750 Ellington Road South Windsor, CT 06074 Getty Petroleum Corp. Agent for Service C.T. Corp. Systems One Commercial Plaza Hartford, CT 06103 Rose Marie Locurto Getty Petroleum Corp. 125 Jericho Turnpike Jericho, NY 11753 Mark A. Rosenblum - MAR:705 LAW OFFICES • ROOM.NASSAU,CApLAX.LASSMAN A HMM CITYPLACE • HARTFORD.CONNECTICUT 06103.3460 • 42031278.7480 0 JURIS NO.50783 s etty any PrfroNum Corp, 126 Jsrloho Turnplks, Jsrloho, New York 11763 • (ale) 3384000 AIRBORNE LXPRXSS NO. 768902186 September 111 1999 Mark A. Rosenblum, $sq. Rogin, N&984Ur Caplan, Lawman i Hirtl* City place Hartford, Connecticut 061'03-3460 RXt 11�lliam 1". My itte,•' at al v. s Appeals, at al outh Windsor Zoning Board of NO$ CV89-03618873 Dear Mr,. Rosenblum Please. be advised that Getty Petroleum► Corp pussaing the oar wash variance at our e. Windsmrnot interested in According to our Regional Manager, Rudy Novotny, in N n. Getty petroleum Corp. is- only interested in b��ild�.nq a canopy the location. Now Aaven, • at Rindly advise your 'client of same and should questions, pleas* feel free to contact You have an myself% t either Mr. Rudy NOvol;ny or Thank` You for your Cooperation. _ Very truly yours, MIT psTROLXVM CORP. AdBX 1ARZX 11AGGZC paralegal ` . ]k�/o j • cct B.M; Jones, Esq. Rudy. xovotny Scott Dunn • Car01 Collins EXHIBIT A " L t '•i `` Richard'H. Eriksson, Chairman , of the South Windsor Zoning Board of Appeals , hereby .certify that on September 7, 1989 the Zoning Board of Appeals granted to Getty Petroleum Corporation a variance to Section 5.2 of the Zoning Regulations to allow a canopy to be constructed 16' from front property r line. 19' variance granted. on premises located at 569 Sullivan Avenue, South Windsor, Ct 06074 r r and more particularly bounded and described as follows: a certain piece or parcel of land, together with the improvements thereon and appurtenances thereto situated on the Southerly side of Sullivan { Avenue in the Town of South Windsor, County of Hartford and State of Connecticut and being more particularly bounded and described as follows: Beginning at a point marked by an iron pin on the Southerly Street . line of Sullivan Avenue, which point marks the intersection of said Southerly Street line of Sullivan Avenue with the division line between the herein described premises and land next easterly thereof belonging I now or formerly to Povilas Bielski; thence running in a general Southerly - direction in -a straight line along the Westerly boundary line of land now or formerly of Povilas Bielski, said line forming an interior angle of 83002'35" with said Southerly street line of Sullivan Avenue, a dis- tance of 250.00 feet to a point; thence turning and running in a general Westerly direction in a straight line along the Northerly boundary line of other land now or formerly of William J. Jurgelas, said line forming 1 an interior angle of 96057125' with said last described line, a distance of 250.00 feet to a point marked by an iron pin; thence turning and running in a general Northerly direction in a straight .line along the Easterly boundary line of other land now or formerly of William J. Jurgelasl,said line forming an interior angle of 830021356 with said last described line a distance of 250.00 feet to a point in the Southerly street line of Sullivan Avenue, which point is marked by an iron pin; thence turning and running in a general Easterly direction-in a straight line along the i. Southerly street line of Sullivan Avenue, said line forming an interior angle of 96°57125' with said last described line, a distance of 250.00 feet to the iron pin marking the point or place of beginning. OWNER Or RECORD• Leemilt's Petroleum, Inc. Dated at South Windsor, Connecticut this. 13th day of September 19 89 . '--R- -H ^-. ZONING BOARD OF APPEALS PUBLIC ACT # 75-317 Received for Record this day of 19 at ATTEST: TOWN CLERK �.: TOWN OF SOUTH WINDSOI� a N, 1481 x. ZONING BOARD OF APPEALS -------------------------------------------------- Received from __ F __ •_ - ----rL�l- -�� -� . __: Dollars fee for a hearing before the Zoning Bo�`ard of Appeals. t�{ �--:— --------- for u _�_ -_ - 1-— Ln This hearing is to cover application number ___ - ..__ A C r?GG J t1 . �-�-----2----2 G; �, 1.J - - -- -- -- A --- L; 1 ,►=�9 _ ` ! rP C �1 V �_ ------------------ ---- Dated at South Windsor Conn. this 5 day of_____ v � --- ---- 9-J. Signed----- = - C----------- SECRETARY" �