HomeMy WebLinkAboutVariancee .,..JLAJL FrAls"<7vrc Application # LAPPLICATIDNFOR DateZONING.8OA" OFAPPEALS '
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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. y
ALL ITEMS MUST BE ANSWERED AND ALL SUPPLEMENTS MUST BE SUBMITTED.
a _
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.
,s
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I. 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: Amelia Marouski & Richard A. Marouski Jr.
5. Location ofproperty in question: 1075 Pleasant valley Road
Assessor's Map# 16 Parcel# 22 Zone RR
6. Is applicant a corporation or co-partnership? (If corporation, submit a list of officers. If co-partnership,
submit a list of owners). Governmental Conde mnin Aut
UddEZ!latdr..Udc!►mAIIUIV< continued $� " " •"�
7. Please indicate if the applicant is owner, lessee, or prospective tenant: see No. 1 6• r C
8. Check one of the following:
X)K Request Variance to Section x,10.2 of the Zoning Regulations to allow s E E EXHIBIT "C"
( ) State hearing under Section of the General Statutes for
( ) An appeal from the Zoning Officer's decision involving
9. Is this a request for a sign variance? If yes, complete and submit the sign checklist information.
10. If application is for a variance to Section 3.12, are there any liquor outlets within the restricted area,
(500 feet)? AM& or NO If yes, submit a list of liquor outlets, their locations and distances from the
property in question.
11. Is this property within'500 feet of another town line? NO
12. Is this property within the Connecticut Water Aquifer area? Y11szor No. If yes, application must be filed
with the Connecticut Water Company by the applicant.
13.If requesting a variance state clearly_the unusual hardship or exceptional difficulty on the property that
prompts this application and indicate why other options are unacceptable. Use a separate sheet of paper if
necessary.
Under Ct. General statute 48-24, failure to grit the varianc6k,�) may result in the
total acquisition of the subject property, thus denying the owner(s) use and
occupancy of the remainder through no fault of their own.
I hereby declare that the data&information contained herein is accurate to the best of my knowledge.
Dated this + la of Year c>-10 O .
Applicant:
(Signature) Douglas M. Hummel (Agent for CTDOT)
OWNER: SER RXHTRTT "A T "R"
(Signature)
ILM
Approved: — Denied:
0 Revised 12/04/98
EXHIBIT "C" Attachment to ZBA Application
for 1075 Pleasant Valley Road
8. continued..... a lot size reduction from 40,249+/- Sq. Ft. to
38,604+/- Sq. Ft. ; ;a lot depth reduction from
171+/- ft. to 164+/- ft. ; a frontyard setback
reduction from 25$/- ft. to 21$/- ft. (Garage).
` Exhibit "A"
PINNEY, PAYNE, VAN LENTEN, BURRELL, WOLFE DILLMAN, P.C.
ATTORNEYS AT LAW
A.SEARLE PINNEY 26 WEST STREET
6066Y 6.PAYNE• _ NEW MILFORD OFFICE
THOMAS W.V..N LENTEN POST OFFICE BOX 650 46 MAIN STREET
HUGH A.MURRELL DANBURY, CONNECTICUT O6BIO NEW MILFO RD,CONNECTICUT 06770
R06ERT J,WOLFE (2 03)355•II8I
JOHIJ M.DILLMAN (203)743.2721
WILLIAM S,STEELE.JR. RIDGEFIELD OFFICE
JEFFREY S.SIENKIEWICT 401 MAIN STREET
TED D.SACKER- RIDGEFIELD.CONNECTICUT 06677
(203)438.3796
DAMES H.MALONEY
MpCHAEL S.MCKENNA COUNSEL
THOMAS L.CHENEY
A I:FRED P.FO RINO
Nancy R. 'Si..nkiewicz'ALSO ADMITTED IN VA January 24 , 1986
PLEASC 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.
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 p�intiif -
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
plaintiffs 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"
PPNNFY, PAYN ,VAN LENTEN, BURRELL,WQLF"E 6 DILLMAN,P.C.
George R. Sulli"van, 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, 36T_A__.'jU
v. Hi hwa
A. Cmoer' 169 Co 551 ,
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 b
certified mail . This method of notification is obviously y
sufficient . The Board should consider the variance applications
submitted by the Department of Transportation under these
circumstances .
v+.ny".' riy
Jeffrey B. Sienkiewicz
New Milford Town Counsel
By
Nancy 12. Saien 6—v ci Z`�-----___ _
N /lc
Ny Douglas Hummel
i
r Exhibit "B"
• tt e Orf (11"a zteeii nt
JOSEPH I. LIEBERMAN v+ s
ATTORNEY GENERAL
co
(Offtrr of i i4e r�k#tarngy 0rurral
90 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 Mt . 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,
JOBEPH I. LIEBERMAN
ATTORNEY GENERAL
Paige Everin
Assistant Attorney General
PE: rw
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4�tioso�.c0��,�� 1540 SULLIVAN AVENUE NUE•SOUTH WINDSOR,CT 060742786
ODE 8601644-25I 1
FAX 8601644.3781 Z01.
OFFICE
OF THE p�
TOWN COUNCIL A�
4 JUN
2 3 1999 N
June 22, 1999
Mr. Matthew B. Galligan, Town Manager
Town of South Windsor g
1540 Sullivan Avenue
South Windsor, CT 06074
Dear Mr. Galligan:
At its Regular Meeting of June 21, 1999 the South Windsor
approved the following Resolution: Town Council
WHEREAS, the Town of South Windsor
and State Funding f was awarded Federal
rom the IntermodaI
Transportation Efficiency Surface
Transportation Program �' ACT (ISTEA), Surface
along Clark Street (from (Cha l° Road
improvements
Road), and Pleasant Valleya d to Pleasant Valley
Manchester Town Line); an Road (from Clark Street to the
WHEREAS, the South Windsor Town Council seeks
accomplish said roadway. Council project with the best
geometrical ali
abuttingwent, keeping impacts to the affected
Property owners to a minimum; and
WHEREAS, a public hearin
receive input fromproperty-owners g was held on April 29, 1999, to
the ivelinp and the public concerning
nary design of roadway improvements;
(Resolution Continued on Next page)
katthew B. Ganigan, Town Manager
Page 2 g
June 22, 1999
NOW, THEREFORE,
Windsor Town Co unc BE
hereby RESOLVED that the South
Project and sir reaT=s the need for said
roadwa ppo� continuation of the design
Y unprovements along Clark Sheet and Pleasant V the
ey
Road; and all
BE IT FURTHER RESOLVED
sidewalks along that the project shall not g the north side of Pleasant provide Valley Road;BE IT FURTHER RESOLVED ; and
and provide the Town Council the Town staff'will evaluate
To
for plantings.
Very try yours,
Merlyn Guild
Clerk o the Council
cc: Michael Gantick, Director of public Works
Jerry Iazzetta, Town Engineer
<a
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-toMrN SIN
�ti • ��� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074-2786
°Soe•c°N 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 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
C r
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9 ti
y�SOR•CU�
40WN se" C`y
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`�;�°. • ��� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
°SOR•co TELEPHONE (860) 644-2511
March 20, 2002
CERTIFIED # 70001670000775517535
State of Connecticut
Department of Transportation
P.O. Box 317546
Newington, CT 06131-7546
RE: Application #2529-02 - Connecticut Department of Transportation/Town
of South Windsor, 1075 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 40,249+/- sq. ft. to 38,604+/- sq. ft.; a lot depth reduction from
171+/- feet to 164+/- feet; a front yard setback reduction from 25+/- feet to 21+/- feet
for the existing garage at 1075 Pleasant Valley Road, RR zone.
The Board concluded the hardship to be that the State and Town will be
reconstructing the road.
The Board placed the following condition on this application: The front yard setback
variance applies only for the garage. Should the garage be removed, any new
structure will need to be built to conform to the zoning regulations.
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
Zoning Board of Appeals
RW:dr
cc: Building Department
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
40,249+/- sq. ft. to 38,604+/- sq. ft.; a lot depth reduction from 171+/- feet to 164+/- feet; a front yard
setback reduction from 25+/- feet to 21+/- feet for the existing garage, RR zone.
Condition: The front yard setback variance applies only for the garage. Should the garage be removed,
any new structure will need to be built to conform to the zoning regulations.
on premises located: 1075 Pleasant Valley Road
and more particularly bounded and described as follows:
or reel of land with ell :bat terrain piece
i» impemvessenca thereon located in the Tom of South Vindsor.
County of lartford and State of Connecticut being known and demig✓sced as Lot 13 an a
certain nap or plan entitled "P80PM= OP AUINO:fY P. 251ROOSRT. = M y
V=SOR. COt0(. SC= I"-200'. SEMSER. I986"certified subN---I•1ly correct by
John Connelly a regiscared land surrvrnee�r. vhich up or plan is an f.:a with the Land
Records of the Ton of South Vindeorlvfich reference say be had. Said premises are
further bounded and described as follow to wit:
NORTBERLSJ by the south boundry of Pleaaanc Valley Readv sa..calledq no huadrms
forcy-eix and fifty one hundredtho (I66.S0') lee--;
NORnUST=Ts by the curb of the intersection el the south beodry of Pleasant
Valley Read and the vset boundry of Clark Street. se-called. Wir_T%
eight and sixty-six one hundredths (38.66') feet: f
EASTERLT: by the vast boundry of Clark Streec. se-called. as hundred eight
and sixty-seven ans hundredth: (IN AP) feet; !+
800TRi=Ys by land nov or formerly of Anthony P. Narouski oar hundred seventy-!
five and sixty-eight (173.681 feet; and f
VBSTERLTI by other land of the Crantors herein. two hundred and th1 +(
(2331) feet. �'-thzae ;
A malor portion of the above described premises is already owed by the Crantess f(
herein.
OWNER OF RECORD: Amelia Marouski &Richard A. Marouski, Jr.
Dated at South Windsor, Connecticut this 18th day of March, 2002.
-2 c L�e,,AL, kt
Robert Warren, Chairman
PUBLIC ACT #75-317
Received for Record this day of 2002
at
VOLUME
PAGE
TOWN CLERK
val. 1 PAGE 246
� I
a STATUTORY FORM QUIT CLAIM DE
for no co- era'A MAROUSKI,of the Town of
pat South Windsor,County ofHartterd3
Connecticutd RICHE nt all ofm interest to m d and State of
y myself A�IELIA
Connecticut,AS JOINT T S OU~SIR.,of the To. MAROUSKL of South Windso�"ecticut,
COVENANTS: WITH RIGHTS OF SUR °f Mansfield,County of To,,VIVORSHIP WIT,- QUIT
j and State of
QL IT.CLAIM
1075 PLEASANT VALLEY ROAD;
SEE SCHED SOUTH WINDSOR
Signed this 1$'"day ofMar ULE A ATTACHED HERETOO�'NECTICUT i
y ck 1998.
IN WITNESS WHEREOF: trAFE f �'��TAX RECF1y�p
^ C1cAt g i
/ 1pyN QZW CF SOUTH W7NOSOR
Witness � ° i
AMELIAMAROUSKI i
.l` f
Witness i
i
STATE OF CO CTICUT. : ;
COUNTY OF HARTFORD ss. Wethersfield F
(town/cih) March I8* I998 t
Personally appeared AMELIA (�'
the same to be her free MAROUSKI,signet and sealer of the foregoing act and deed,before me. =regoing=moment and ackiiflwledged -
ANDREW E.ICEgRN
CommissioncroftheSS i
no,Court -
r ! 1
for Parcel of land with all imps f
County of Hartford and Seat of Cements
' certain as thereon located
WINDSOR, CPOtOorr lea nnecticut 1n Lhe 1 that certain P1Ke
P entitled "PROP belag kno �+ o! South
John connaIl SCrLLE Ie 200', S �� OF ANn{ONY p,own and desl�ted as 1ilndsor,
Jo OJER. I986" NAAOUSKI, � Lot is on a
5 ttacorda y a registered land au
1� o! the So ryeyor certified subata�tla1� �' S further bounded of South Windsorlwf{ vhich Y correct by 1
and described es toll 1ch referee eor Plan Ss
NORTHERLY, by the a ova to vltt may be had Said Premises are
j
for outh boundry of please
NOA1$ Y aiY and f1ftY one nt Valley Road, to
EASTERLty hundredths (14_=� fe;,:
by the curb o ailed. oas buadrse
valleyof intarsection of the south
eight a d rind the
ty'a one Clark b Pleasant
EASTERLY, vas hundredths IC38.66 r S reet�o-called, thi�I t
by the vast bound I feet;
` and Y-seven one °f Clark Street. eo
aLtt -called, handy st
SOUTHERLY$ hundredths (208(7!� feet[ � eight {{by land now or tve and o
rberjy of An
WESTER mr, bYiothar Ia d of the (275,68y1hfeetP'a arouak3 sae baadred eeveary_t f
(233�) feet, the Grantors here
A ma - in. two
hundred and ehir 1 �
herein Portion of the above ty'
described Premises as
I3
Ss already ovaed j
by =he Crantees! i
RECEIVED FOR RECORD UN 2 !_5a9 I
AT
_ t �rn
RECORDED IN SOU774 WINDSOR
7 w■ ri ,x
'TOW1Y CLERK r
17
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