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Home My WebLink AboutVariance (760) APPLZCA27ONFOR pplicauun fP n/L--.) 9U U�— ZONING BOARD OFAPPEALS Date — - L/—U 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. 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. 1. Applicant: Connecticut Dept. of Transportation/ Town of South Windsor 2. Mailing Address: P.0. Box 317546 Newington, Connecticut 06131-7546 3. Telephone#: 860-594- 441 4. Owner of record of property in question: Charles C. & Marion M. Chaponis 5. Location of property in question: 30 Clark Street Assessor's Map# 9 Parcel# 17 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). Governm ntal Condemnina Authoritv 7. Please indicate if the applicant is owner, lessee, or prospective tenant: See No. 6 8. Check one of the following: t x)K bequest Variance to Section x 110.2 of the Zoning Regulations to allow See 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 v NO to Section 3.12, are there any liquor outlets within the restricted area, - (500 feet)? Y44 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? YES 12. Is this property within the Connecticut Water Aquifer area? xy=,V 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(s) may result in the total acquisition of the subject propert&Z thus denying the owners) use and occuoancv of the remainder through no fault of their own W � x I hereby declare that the data&information contained herein is accurate to the best of my knowledge. Dated this day of Yeardb Applicant: (Signature) Douglas M. Humnel (Agent for CTDOT) OWNER: See Exhibit "A" & "B" (Signature) r Approved: Denied: r � Revised 12/04/98 MIBIT "C" Attachment to Z,BA.irkpplication on 30 Clark Street 8. continued.. ... to allow a lot size reduction; from 20,000 Sq. Ft. to 19,555+/- Sq. Ft. ; a lot depth reduction from 200 Ft. to 195+/- Ft. ; and a frontyard setback reduction from 50+/- Ft. to 45+/- Ft. Exhibit "A" PINNEY, PAYNE, VAN LENTEN, l3URRELL., WOLPE & DILLMAN, P.C. ATTORNEYS AT LAW A.SEARLE PIIJNEY 26 WEST STREET 006HY S.PAYNE- NEW MILFO RO OFFICE THOMAS W.Vi..LENTEN POST OFFICE BOX 650 46 MAIN STREET NEW MILFORD,CONNECTICUT 06770 ROBERTJ,J,WOLFE H UGH DANBURY, CONNECTICUT 06810 Q03)366•uel K[ .I Crul M.DILLMAN (203)743,2721 RIDGEFIELD OFFICE WILLIAM S.STEEL[,JR. 4O1 MAIN STREET TED E 0 S.SIENKIEWICT RIDGEFIELD,CONNECTICUT 06677 - 7' O..SACKER-R•• 1203)A36.3726 NAMES H.MALONEY COUNSEL MICHAEL S.MCKENNA THOMAS L.CHENEY ALFRED P.FORINO Nancy R. Sienkiewicz January 24 , 1986 ry 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 agency' s application for a variance . The answer is clearly, no. j 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. Zoning Board of Appeals , 174 Conn . 323 ( 1978 ) , where the a ntiff 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 z a Exhibit "A" PIh NEY, PAYNE,VAN LENTEN. BURRELL,WOLF'E 6 DILLMAN, 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 , 36 A. ; Merin �v. _Highway Commissioner, 169 Conn . 65 ; 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 . YJ di{L't:iL ly , Jeffrey B. Sienkiewicz New Milford Town Counsel By Nancy R. Sa eriTciewicz ` NRA11 c Douglas Hummel i i Exhibit "B" 1�5tut.e of C"hint Inficixt JOSEPH I. LIEBERMAN �+ ATTORNEY GENERAL co Mffirr of Z4r r:kttarner C$rnrral 90 BRAINARD ROAD HARTFORD, CT 06114 Telephone : 566-2257 February 28, 1986 Douglas M. Hummel ' Assistant 'Propera:y 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 . 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, JOSEPH I. LIEBERMAN ATTORNEY GENERAL B Y: Paige Everin Assistant Attorney General PE: rw • M If{A QUrrA3 AUA VOL1.54 Pac:i 28 r� �wPr;,'ip:e� P.,a; Keu• t� ( � : _ C C 0166�, HARLES�CHAPONIS, of the Town of South County of Hartford and State of Connecticut, Windsor, for divers good causes and considerations thereunto moving, " DOLLARS LESS THAN ONE HUNDRED DOLLARS especially for A SUM IN received to m rr Y full satisfaction of I: i 1 CHARLES C. CHAPONIS and Of the Town of South Windsor, CoION unty OfNHartford and State of: Connecticut, :i t and haveheums�, released, and forever quitclaimed, and do by these presents, for ' justly and C1Y remise, ep' release, and forever QUIT-CLAIM unto(pelf ' ONIS and MARION M. said CHAPONIS, +a I I and the survivor of them, and the heirs and assigns of the survivor of them forever all such right and title as I the said CHARLES C. CHAPONIS i � have or ought to have in or to a certain piece or parcel of land, with the buildings thereon, situated in the Town of South Windsor, County ' of Hartford and State of Connecticut, on the Southeast side of Clark Street, being more ., particularly bounded and described as follows: t !s NORTHWESTERLY b! • ` � � � y Clark Street, ' ! one hundred [100] feet, more or less; �!�� ! i NORTHEASTERLY by land now or formerly of Anastasia Moskitis two hundred [200] feet, more or less; ' :} I SOUTHEASTERLY by other land now or formerly of said Moskitis, one hundred [100] feet, more or less; and SOUTHWESTERLY by other land now- or formerly of said Moskitis, two hundred [200]_feet, more or less. The Westerly corner ,of the premises herein described is at a point r in the Southeasterly side of Clark Street, 321 feet, more or less, ion I Street withNortheasterly of the tlineooftChapeltRoad, and all interior ` a e o Clark angles are 900. Said land consists of all and the same premises conveyed to the i Grantor herein by Quit-Claim Deed from Anastasia Moskitis, dated ' May 31, 1951 and recorded in the South Windsor Land Records in Volume 36, Paae 5q7_ i "N 9-G9nveyance Tag,coll r Town Clerk of South Windsor —' �,� �. 9 i ► �- o'` C- I 4��oSOA ��G 1540 SULLNAN AVENUE •Co •SOUTH WINDSOR, CT 06074-2786 AREA CODE 860/644-2511 OFFICEFAX 860/644-3781 '�. OF THE TOWN COUNCIL a' JUN 2 3 .1999 N June 22, 1999 9 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 Co approved the following Resolution: unciI WHEREAS, the Town of South Windsor was awarded and State d Federal �g from the Intermodal Transportation Efficiency ACT (ISTEA), Surface Transportation Program (STP) for roadway improvements along Clark Street (from Chapel Road to Pleasant Valley Road), and Pleasant Valley Road (from Clark Street to the Manchester Town Line); 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, 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 roadway improvements along Clark Street and Pleasant Valley Road; and BE IT FURTHER RESOLVED that the project shall not 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 yours, Merlyn Guild Clerk o the Council cc: MichaeI'Gantick, Director of Public Works Jerry Iazzetta, Town Engineer r o u w 'L�SOR•COyP r e� <pwM "4 t� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074-2786 soe.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 A aowx ° n C r �O.SOR.CU. 8f7 C * ~ 7own 0-P sou( [� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 SOR-Co�� TELEPHONE (860) 644-2511 February 26, 2002 CERTIFIED #70001670000775517610 Town of Manchester Town .Clerk 41 Center Street Manchester, CT 06040 RE: Application #2530-02 - State of Connecticut, Department of Transportation/Town of South Windsor, 30 Clark Street, RR zone Dear Sir/Madam: Enclosed please find a copy of a legal notice for a public hearing to be held on March 7, 2002. Application # 2530-02 is requesting a variance to section 10.2 to allow a lot size reduction from 20,000 sq. ft. to 19,555 +/- sq. ft.; a lot depth reduction from 200 feet to 195+/- feet; and a front yard setback reduction from 50+/- feet to 45+/- feet at 30 Clark Street, RR zone. Very truly yours, Robert Warren, Chairperson Zoning Board of Appeals RW:dr zo*N af./ t� c P 4 0-le siou� 1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074 �OsoR•co TELEPHONE (860) 644-2511 March 20, 2002 CERTIFIED # 70001670000775517528 State of Connecticut Department of Transportation P.O. Box 317546 Newington, CT 06131-7546 RE: Application #2530-02 - Connecticut Department of Transportation/Town of South Windsor, 30 Clark Street, 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 variance to section 10.2 to allow a lot size reduction from 20,000 sq. ft. to 19,555+/- sq. ft.; a lot depth reduction from 200 feet to 195 +/- feet; and a front yard setback reduction from 50+/- feet to 45+/- feet at 30 Clark Street, 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 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 20,000 sq. ft. to 19,555+/- sq. ft.; a lot depth reduction from 200 feet to 195+/- feet; and a front yard setback reduction from 50+/- feet to 45+/- feet,RR zone. on premises located: 30 Clark Street and more particularly bounded and described as follows: have or ought to have in or to a certain piece or parcel of land, with the buildings thereon, situated in the Town of South Windsor, County of Hartford and State of Connecticut, on the southeast side of-Clark Street, being more particularly bounded and described as follows: NORTHWESTERLY by Clark Street, one hundred (1001 feet, more or less; , NORTHEASTERLY by land now or formerly of Anastasia Moskitis, two hundred (2001 feet, more or less= SOUTHEASTERLY by other land now or formerly of said Moskitis, one hundred 11001 feet, more or less; and SOUTHWESTERLY by other land now or formerly of said Moskitis, two hundred 12001 feet, more or less. The Westerly corner ,of the premises herein described is at a point in the Southeasterly side of Clark Street, 321 feet, more or less, Northeasterly of the intersection of the Southeas y a e o Clark Street with the Northeasterly line of Chapel Road, and all interior I angles are 90•. OWNER OF RECORD: Charles C. & Marion M. Chaponis 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