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HomeMy WebLinkAboutVariance (758) TOWN OF SOUTII WIADSOR Application#W 7 AI'PLICATIONFOR Date - Ica D ZONING BOARD OF APPEALS Receipt# / IMPORTANT.- This application must be submitted to the Planning Department by the second Thursday of the preceding month to insure being heard at the next meeting. ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED. 1. The application and supplements must be filed in duplicate,typed or printed in ink. 2. 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. 3. If a variance is being requested,a legal description and deed of the property must be submitted with the application. This description can be obtained from the land records. 4. 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. 5. No application shall be a complete application unless it shall be in such form and contain such information as necessary for a fair determination of the issues. Incomplete applications may be denied. MPH 1. Applicant: Connecticut Dept. of Transportation/ Town of South Windsor 2. Mailing Address: P.O. Box 317546 Newington, Connecticut 06131-7546 3. Telephone#: 860-594-2441 4. Owner of record of property in question: Maureen E. LeRoux 5. Location of property in question: 1088 Pleasant Valley Road Assessor's Map# 16 Parcel# 11 Zone RR 6. Is applicant a corporation or co-partnership? " p p. (If corporation, submit a list of officers. If co-partnership, submit a list of owners). On 7. Please indicate if the applicant is owner, lessee, or prospective tenant: See No.' 6 8. Check one of the following: )Request Variance toSection x,to.2of the Zoning Regulations toallow see Exhibit "C" O State hearing under Section of the General Statutes for ( ) An appeal from the Zoning Officer's decision involving 9. Is this a request for a sign variance? If yes, complete and submit the sign checklist information. 10. If application is for a ce to S Non 3.12, are there any liquor outlets within the restricted are (500 feet)? M NO If yes, submit a list of liquor outlets, their locations and distances from the property in question. 11. Is this property within'500 feet of another town line? NO 12. Is this property within the Connecticut Water Aquifer area?x r No If yes, application must be filed with the Connecticut Water Company b the applicant. P Y Y PP 13. If requesting.a variance state clearly the unusual hardship or exceptional difficulty on the property that prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if necessary. Under Ct. General Statute 48-24, failure to grant the variance(s) may result in the total acquisition of the subject property thus denying the owner(s) use and occupancy of the remainder through no fault of their own. I hereby declare that the data&information contained herein is accurate to the best of my knowledge. Dated this_ i day of Year -�00 �.. Applicant: /11 (Signature) Douglas M,l Hummel (Agent for CTDOT) OWNER: See Exhibit "A" & "B" (Signature) ME Approved Denied: Revised 12/04/98 EXHIBIT "C" Attachment to ZBA Application for 1088 PLeasant Valley Road 8. continued.... . .. to allow a lot size reduction from 20,000 Sq. Ft. to 17,889+/- Sq. Ft. ; a loV depth reduction from 125+/- Ft. to 118+/- Ft. ; a lot width reduction from 160+/- Ft'.. to 148+/- Ft. ; a frontyard setback reduction from 32+/- Ft. to 24+/- Ft. (PLeasant Valley Road) ; and a frontyard setback reduction from 52+/- Ft. to 38+/- Ft. (Clark Street). � . Exhibit "A" PINNEY, PAYNE, VAN LENTEN, BURRELL, WOLFE DILLMAN, F .C. ATTORNEYS AT LAW A-SEARLE PINNCY 26 WEST STREET NEW MILFORD OFFICE 6040Y S.PAYNE• T FrOMAS W.V.•LCNTEN POST OFFICE BOX 68o 46 MAIN STREET NEW MILFORD.CONNECTICUT 06770 HUGH A.BURRELL DANBURY, CONNECTICUT 06810 12o313ss uel ROBERT J.WOLFE _ JQHN M.DILLMAN (203)743.2721 RIDGEFIELD OFFICE WILLIAM S.STEELE.JR. - 401 MAIN STREET TED 0.B B. CR-SIE KIEWICY RIDGEFIELD,CONNECTICUT 06877 'I'W O.BACKER•• - - (2031 438.3726 aJAMFS H.MALONEY COUNSEL MICHAEL S.MCKENNA - THOMAS L.CHENEY ALFRED P.PORING - Nancy R. Si.rnkiewicz January 24 , 1986 PLEASE REPLY TO: New Milford 'ALSO ADMITTED IN VA "ALSO ADMITTED 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 RE: Notification 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 agencyrs 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. Zonin Board of Appeals, 174 Conn. 323 ( 1978 ) , where the pTainti .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 . We disagree . The plaintiffs , claims for consequential 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 or Exhibit "A" PINNEY, 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, 364 A. Mermen V. Highway Commissioner, 169 Conn . 363 A. 2d. 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 . vat3L c:LL 1y / Jeffrey B . Sienkiewicz New Milford Town Counsel By Nancy R. S1eTcie nwicz .- N /1 c 7p Douglas Hummel i • i Exhibit "B" O�E yGF� JOSEPH I. LIEBERMAN4, ATTORNEY GENERAL 'F f! A�CANN (Office of Life � ,ttornov General 90 BRAINARD ROAD HARTFORD, CT 06114 Telephone : 566-2257 February 28, 1986 Douglas M... Hummel" Assistant 'Proper.ty Agent Office of Rights of Way Department of Transportation 24 Wolcott- 'Hill Road Wethersfield , CT 061D9 Dear Mr . Hummel : With reference to our conversation concerning Conn. Gen. Stat. 9 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, i JOSEPH I. LIEBERMAN ATTORNEY GENERAL BY: Paige Everin Assistant Attorney General PE: rw J VOL 8 31 PAGE 7� LIMITED WARRANTY DEED y : 00486 TO ALL MEN TO WHOM THESE PRESENTS SHALL COME GREETING: KNOW YE,that Henry G. Cisneros,Secretary of Housing and Urban Development, of Washington,D.C.,(hereinafter referred to as Grantor"),in.consideration of ONE DOLLAR ($1.00)and other valuable consideration, received to Grantor's full'satisfaction of l y=' MAUREEN E. LEROUX, of South Windsor, Connecticut, I` ,O''; I *} (hereinafter referred to as "Grantee"), does give,grant, bargain,sell and confirm unto the said Grantee, his heirs and assigns, forever i !"M f SEE EXHIBIT"A" ATTACHED A. 5 s # BEING the same property acquired by the Grantor pursuant to the p National Housing Act, as amended (12 USC 1701 et seq.)and the Department of Housing and rovisions of the r aftogs: + �t.. Urban Development Act (79 Stat. 667), + tF+ `k�« S� s,twl U SUBJECT TO ALL covenants, restrictions, regulations and agreements, reservations, _ s I � �. easements, conditions and rights appearing of record; and SUBJECT to any state of facts an accurate survey would show. _ n GRANTEE is responsible for taxes due after conveyance by the Department of Housing and Urban Development. TO HAVE AND TO HOLD the above granted and bargained premises, with the privileges and appurtenances thereof, unto the said Grantee, his heirs and assigns forever, to M ft . them and their own proper use and behoof AND ALSO,the said Grantor does for himself and his successors covenant with the said c - ,y. Grantee, his heirs and assigns, that he has not.done or suffered anything whereby the said `3i premises have been incumbered in any way whatever. L AND FURTHERMORE, the said Grantor does by these presents bind himself and his 1 f successors forever to warrant and defend the above granted and bargained premises to the said i Grantee, his heirs and assigns against all acts of the said Grantor and against all claims and � demands of any person or persons claiming by, from, through, or under the said Grantor,but not as to those claiming otherwise, CONVEYANCE TAX RECEIVFD d e 7' TOWN CLERK OF SOUTH WINDSOR ` yF YOL. 83.1 PAGE 72 � EXHIBIT'A" 'a ' t All that certain piece or parcel of land with the buildings and i improvements thereon standing being known as No. 1088 Pleasant I Valley Road, South Windsor,. Connecticut and being located on the Northeast corner of Pleasant Valley Road and Clark Street in said Town of South Windsor, and being bounded.and described as follows: NORTHERLY: By land now or formerly of Alexander F. Marouski, 160 feet; EASTERLY: By land now or formerly of Alexander -„ F. Maroluski, 125 feet; SOUTHERLY: By Pleasant Valley Road, 160 feet; 1 y and +I ., WESTERLY: By Clark Street, 125 feet, � L� , Said premises is conveyed subject to: 1. Buildings lines and any and all provisions of any municipal ordinances, regulation and any federal, state or local public or. private laws, with special references to the provisions of any zoning rules and regulations governing the subject premises and 5 i subject to the provisions, if applicable, of any wetlands or coastal wetlands statutes, ordinances, rules and regulations, 2S Taxes due to the Town of SOUTH WINDSOR on the List of October 1, 1993 which taxes the Grantee hereby assumes and agrees to pay as part of the consideration for this deed. i i • S0,0 'JCq ` v s , 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074-2786 SOR c° AREA CODE 860/6442511 FAX 860/644-3781 OFFICE OF THE TOWN COUNCIL July 7, 1998 Mr. Matthew B. Galligan, Town Manager Town of South Windsor 1540 Sullivan Avenue South Windsor, Ct. 06074 Dear Mr. Galligan: At its Regular Meeting of July 6, 1998, the South Windsor Town Council approved the following Resolution: WHEREAS, the Town of South Windsor was awarded Federal and State funding from the Intermodal Surface Transportation Efficiency Act, Surface Transportation Program, to Reconstruction Pleasant Valley Road from the Manchester Town Line to Clark Street; and Clark Street, from Chapel Road to Pleasant Valley Road, including the intersection of Pleasant Valley and Clark Street; and, WHEREAS, the South Windsor Town Council seeks to accomplish said roadway improvement project with the best geometrical alignment, keeping impacts to the affected abutting property owners to a minimum; and WHEREAS, the Town Council has identified Plan #2 as the alternative that best accomplishes the Town Council's objectives for the intersection of Pleasant Valley Road and Clark Street Mr. Matthew B. Galligan, Town Manager Re: Pleasant Valley/Clark Intersection Page 2 July 7, 1998 NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby approves Plan #2 as the preferredplan; and hereby directs Town staff to pursue design and construction of said alternative for the intersection of Pleasant Valley Road and Clark Street. Respectfully submitted Patricia R. Brown Clerk of the Council Cc: Michael Gantick, Director of Public Works Jerry Iazzetta, Town Engineer 4O�R Rt,C C • Y G � s � Y�SOR•l'O� y tow" af rA .- Tom 0-/e sotdA N m ti °. 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 TELEPHONE (860) 644-2511 March 20, 2002 CERTIFIED # 70001670000775517542 State of Connecticut Department of Transportation P.O. Box 317546 Newington, CT 06131-7546 RE: Application #2527-02 - Connecticut Department of Transportation/Town of South Windsor, 1088 Pleasant Valley Road, RR zone To Whom It May Concern: At the meeting of the South Windsor Zoning Board of Appeals held on March 7, 2002, the Board approved your request for a variance to section 10.2 to allow a lot size reduction from 20,000 sq. ft. to 17,889+/- sq. ft.; a lot depth reduction from 125+/- feet to 118+/- feet; a lot width reduction from 160+/- feet to 148+/- feet; a front yard setback reduction from 32+/- feet to 24+/- feet (Pleasant Valley Road); and a front yard setback reduction from 52+/- feet to 38+/- feet (Clark Street), at 1088 Pleasant Valley Road, RR zone. The Board concluded the hardship to be that the State and Town will be reconstructing the road. These actions are effective upon your filing the enclosed form in the Town Clerk's Office at your own expense. Very truly yours, Robert Warren, Chairman T Zoning Board of Appeals RW:dr cc: Building Department y � I, Robert 'Warren, Chairman of the South Windsor Zoning Board of Appeals hereby certify that on March 7, 2002 the Zoning Board of Appeals granted to: State of Connecticut, Department of Transportation/Town of South Windsor, a variance to section 10.2 to allow a lot size reduction from 20,000 sq. ft. to 17,889+/- sq. ft.; a lot depth reduction from 125+/- feet to 118+/- feet; a lot width reduction from 160+/- feet to 148+/- feet; a front yard setback reduction from 32+/- feet to 24+/- feet (Pleasant Valley Road); and a front yard setback reduction from 52+/- feet to 38+/- feet(Clark Street), RR zone. on premises located: 1088 Pleasant Valley Road and more particularly bounded and described as follows: All that certain piece or parcel of land with the buildings and improvements thereon standing being known as No. lose Pleasant Valley Road, South Windsor,- Connecticut and being located on the Northeast corner of Pleasant Valley Road and Clark Street in said Town of South Windsor, and being bounded and described as follows: NORTHERLY: By land now or formerly of Alexander F. Marouski, 160 feet; EASTERLY: By land now or formerly of Alexander F. Marouski, 125 feet; SOUTHERLY: By Pleasant Valley Road, 160 feet; and WESTERLY: By Clark Street, 125 feet. OWNER OF RECORD: Maureen E. LeRoux Dated at South Windsor, Connecticut this 18th day of March, 2002. Robert Warren, Chairman PUBLIC ACT#75-317 Received for Record this day of 2002 at VOLUME PAGE TOWN CLERK Iron Pin BRIO opRpINP� , �,110vs c WERSEcnOv N __ UMiT OF caysrRucnav COO �/?� STA. 1+098RK STA. � CE ER� T 260807.728 `Fq`r'giyl N 260648.958 WG E 919324.991 2�) E 319262.457 Apparent 1+840 1+820 Street Line PRESENT IN ARK STRE Wf cad KM 0.10 Tree V Sw- in d,P Si oun ¢/77 Tree �. N 260,651.2 TAKING LINE U E 3�g3� E 319,271.8: © (SEE DETAIL) * a40 a2o Tree Z a57 0.0 Tree QTree / LINT OF o0 Tr &kk © DRIVEWAY - rSteps 0aVS1RNC77av o Mad erirJr l a2o rfm Box Steps / / 148ush CdV51Rl/CJ1QN AV) PROPOM 1+850 �7ER UNE -vote // /�l© SrE MfiNTA70V 0.48 Walk / O/ CON1ROL SYSTE,W 1 0 1+8/7.7 1 N w Construction Center Line Stone Wall to 0 3 Wood / /c Apparent -� a Fence / N/` Street Line - 38.fOm 125.0'd © 0.65 Frances S. Morousk/, Et Al _' .25 Tree / 26.6mf(87f) O.Smt Directional Tree Bush Line � Appawt (T)P) o `erne / / 9.500M Wood V (31.177 z 0.15 Fence 0.30 ood I o Tiee o p a2o pa E g1g35� c st Tree Tree A o Line ^ o t 0 �. N/F Z 3 'c•, Condominium At �o o� Cinnamon Springs 0 o PC STA 1+689 026 E 3�9797.383 �0 MA UREEN E. LEROUX 9.500m m TAKING AREA = 197.2f M 2 Jc31.17' (2111± ~•��•� ( ) C EASEMENT TO SLOPE FOR THE SUPPORT AND 1.9mf y SAFETY OF THE HIGHWAY AND REMOVE, USE (6 t) _ P0. OR RETAIN EXCAVATED MATERIAL ACQUIRED TOTAL EASEMENT AREA = 4.9 t m2 53t S .Ft. RIGHT TO CONSTRUCT DRIVEWAY RIGHT = 11.0 t m2 (118t Ft.) TAIL SCALE = 1: 500 1 CM = 5 M y RIGHT TO INSTALL SEDIMENTATION CONTROL SYSTEM ACQUIRED Trl Plr.WT = 174- — ix-a.l c&