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HomeMy WebLinkAboutVariance (759) TOWN OFSOUTH 91"SOR Application # tj - APPLICATION FOR Date - )L4— ; Z'ONEW BOARD OF APPEALS Receipt# S) 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. :x 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. 71.. 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: Burr Meadow an Expandable Condominium 5. Location of property in question: Pleasant Valley Road Assessor's Map# 16 Parcel# 10 Zone MF-A 6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership, submit a list of owners). Governmental Condemning Authority �:. dL.rl?QAZlV ° '�xtsxrr' �.' aare7 7. Please indicate if the applicant is owner, lessee, or prospective tenant: See No. 6 8. Check one of the following: (x� Request Variance to Section x,10.2 of the Zoning Regulations to allow a lot size reduction from 5.78 acres to 5.77+/- acres ( 251,401+/- Sq. Ft. ) ( ) 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 v O. ce to Section 3.12, are there any liquor outlets within the restricted area, (500 feet)? IM or 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? V49 No If yes, application must be filed with the Connecticut Water Company by the applicant. 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 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 day of Year t9C0 Applicant: &_S� -- - (Signature) Douglas M. Hummel (Agent for CTDOT) OWNER: SEE EXHIBIT "A" & "B" (Signature) Approved: Denied: Revised 12/04/98 Exhibit "A" PINNEY, PAYNE, VAN LENTEN, 6URRELL, WOLFE , DILLMAN, RC, ATTORNEYS AT LAW A.SEARLE PINNEY - 26 WEST STREET POMMY S.PAYNE• NEW MILFORO OFFICE THOMAS W.V•.LCNTCN POST OFFICE BOX 650 46 MAIN STREET HUSH A.PURRELL DANBURY, CONNECTICUT 06610 NEW MILFORD,CONNECTICUT 06776 HOBERI't'J.WOLFE (¢0])3tl 8-1181 JOHN M.OIL.LMAN (203)743.2721 RIDGEFIELD OFFICE WILLIAM S,STEELE.JR. J EFFREY M.SIEN KICWICT 401 MAIN STREET 1'EO D.BACKER- RIDGEFIELD,CONNECTICUT 06877 (ZO31436.3726 JAMF.S H.MALONEY COUNSEL MICHAEL S.MCHENNA THOMAS L.CHENEY AL:PRED P.FORINO Nancy R. Sienkiewicz'ALSO ADMITTED IN VA January 24 , 1986 PLEASE REPLY TO: New Milford - "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. I Section 48-24 of the General Statutes gives the condemning I authority the power to obtain a variance for the portion of property which will remain after the taking. In Smith v. Zonin_q Board of Ap2eals , 174 Conn. 323 ( 1978 ) , where the p-f-aint-17-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 Exhibit "A" PINNEY, PAYNE VAN LENTEN, BURRELL,WOLF"E 6 DILLM^N,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. ZU. Meriden v. Highway Commissioner , 169 Conn, 65 �; 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 . c; hne i . Jeffrey g . Sienkiewicz New Milford Town Counsel By Nancy�2. Sa.enca.ewicz NI)/lc �9'6 : Douglas Hummel • Exhibit "B" Ritat.e of (141nit.ertirixt JOSEPH I. LIEBERMAN s ATTORNEY GENERAL A�'CANN� - (Offire of C,fir Attarnrr 05enerral 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 06109 Dear Mr . Hummel : With reference to our conversation concerning Conn. Gen . 5tat. 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: f7) Paige Everin Assistant Attorney General PE: rw volume 426 Page N° 356 ` s j FOURTH AMENDMENT TO J DECLARATION 0692 of x^ BURR MEADOW, AN EXPANDABLE CONDOMINIUM j The undersigned, Burr Meadow Associates, the DeclArant of Burr Meadow, an 5._ Expandable Condominium, acting herein both for itself, as Declarant, and for j t 1' each of the Unit Owners of said Burr Meadow,. an Expandable Condominium, other 1 than itself by virtue of a Power of Attorney Coupled With An Interest and an Irrevocable Proxy duly executed by each of said Unit Owners, hereby amends the i E t_ Declaration of Condominium of Burr Meadow, an Expandable Condominium dated Julq ; ; /`^ 15, 19.83 and recorded in Volume 342, at Page 50 of the South Windsor Land'Records, by adding additional land to the Condominium pursuant to Co 3 nnecticut General Statutes Section 47-71a. The description of the additi a1 land which is added to the Condominium is attached to this Amendment as Schedule The reallocated undivided interests in the Common Elements are set forth in Schedule A attached hereto. iI New surveys and plans required by Connecticut General Statutes Section 3 a 47-71a are recorded simultaneously herewith. e r i In Witness Whereofp the Declarant has caused this Declaration to be f executed this 31st day of January, 1986. Signed, Sealed and Delivered BURR MEADOW ASSOCIATES in the Presence of: a B } # s 4 Ralph J. Al ander aymo , J. ex der General Partner 1 rss ds; _ CIF Ila H. flexander z J qV VI STATE OF CONNECTICUT) SS SOUTH WINDSOR r b COUNTY OF HARTFORD ) The foregoing instrument was acknowledged before me this 31st day of January 1986, by RAYMOND J. ALEXANDER General Partner of Burr Meadow ' Associates, a Connecticut General Partnership, as his and the free act and deed of the partnership. 10, �.> , - § ' al Ale �nder ' Comm asioner the Superior Court Rx e _ .j 1 p - S�a.G fff .V 4 .t_ Volume 426 Page N2 362 'Ph V' SCHEDULE B r `t continued "' SHEET 2 of 2 r Commencing at a mereatoe in the northwester ` at the intersection of the northerly bound of thelpremises iny street nquestione of randtthet�southerly bound of land now or formerly of RaM., Thence running in a general southwesterly along the street line of Clark Street, by an arc to the right having an angle of 3'45100"; a radius of r i 2417.26 feet for a distance of 158 21 feet, to a mereatone; s r 1 Thence running by a course of S33 07'37"W, for a distance of 1.9 1'A;'feet, rvLx. along the northwesterly street line of Clark..gtreet, to a mereatone; _ Thence.by an arc: to the left havin e 595.00 feet, for a distance of}118 29.,.feet, along the northwesterlyradstreet ofline _ of Clark Street, to a mereatone, ` Thence running by a course of S21'44 10"Wx , J along the northwesterly line of Clark Street, tofarmerestonece of�476 7A feet, �e Thence b an arc to the right having an angle of 93*50'57", a radius of �x 25.00 feet, for a distance of 40 93 :feet, along the intersection northwesterly street line o'f Clark"Street and the northeasterly street Of lineof Pleasant Valley Road, to a mereatone• Thence running b ' e �z along the northeasterlyalinerof said6PleasantWValleyaRoad,atoeaofoi20 67;feet, ro " intersection of the northwesterly boundary of the premises herein question and ! ; !� Pint at the . f the southwesterly boundary of land now or formerly of Marouski; Thence running by a course of N25°03'37"E y along land now or formerly of Marouski, to a pointy a distance of 191 50`feet, Thence running by a course of N64.22143"W _ �� a distance of along land now or formerly of Maroueki, to a point; 213 4Q feet, � �_1{ EiE \C� Thence running by a course of N27'05'40"E, �q, feet along land now or formerly of Connectih and Powert cut Ligt Company, to so , mereatone; Thence by a course of S63'13135"E c I �. I 1 now or formerly of Raymond, . for a distance of-y58 oeet, along land y+ Y ym nd, to a point; MA- - � ..�. land now Thence by a course of S63'13'35"E, for a distance of.;262 80._'f.eet, along `� ,; ,`li beginning.r formerly of Raymond, to a mereatone and the point end`place of Ott I {{ Said premises containing . 7B acres ' 9 Page 7 Fourth Amendment to Declara on °.I F5B 131986 Reosivsd for Roca. __ ;; At tout 1 R ' Asst. Toren Clem • towM a� x , 1540 SULLIVAN AVENUE•SOUTH WINDSOR, CT 06074-2786 OR-Co AREA CODE 860/644-2511 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 preferred plan; 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 ✓ /4pMM•R( s � YOSOR Cow y C �i�osoA.coA` 1540 SULLIVAN AVENUE•SOUTH WJNDSOR, CT 06074-2786 AREA CODE 860/644-2511 j g OFFICE FAX 8601644.3781 THE ' TOWN COUNCIL e � 4 SUN � _ p 3 .1999 N June 22, 1999 �'• w 9I� � 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 June 21, 1999, 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 Transportation Pro (ISTEA), Surface along Clark Street (from (C P for Road way improvements Road), and Pleasant ValleyPleasant Valley Manchester Town Line); an Road (from Clark Street to the 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, a public hearing was held on April 29, 1999, to receive input from property-owners and the public concerning the preliminary design of roadway improvements; (Resolution Continued on Next Page) Mr. Matthew B. Galligan, Town Manager Page 2 June 22, 1999 NOW, THEREFORE, BE IT RESOLVED that the South Windsor Town Council hereby reaffirms the need for said Project and supports continuation of the design of the roadway improvements along Clark Street and Pleasant Valley Road; and . BE IT FURTHER RESOLVED that the project shall not r sidewalks along the north side of Pleasant Valley Road; and vide BE IT FURTHER RESOLVED that the Town staff'will evaluate and provide the Town Council with prices for plantings. Very truly you, Merlyn Guild Clerk o the Council cc: Michael Gantick, Director of Public Works Jerry Iazzetta, Town Engineer r o u l fit• bt' �SORd0;1P