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
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. Q.lr-'< , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
�._ . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Granted a 19' variance to allow a canopy to be construction 16' from
front property line.
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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
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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
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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
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Dated at South Windsor Conn. this 5 day of_____ v � --- ---- 9-J.
Signed----- = - C-----------
SECRETARY" �