HomeMy WebLinkAboutVariance (761) ..«.y.,%.A. Application #
APPLICATION FOR Date - j L
ZONING BOARD OFAPPFALS 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.
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I. 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 l o 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.O. Box 317546
Newington, Connecticut 06131-7546
3. Telephone#: 860-594-2441
4. Owner of record of property in question: Condominium at Cinnamon Springs
5. Location of property in question: Pleasant valley Road
Assessor's Map# 16 Parcel # 13 Zone MF-A
6. Is applicant a corporation or co partnership? (If corporation, submit a Iist of officers. If co-partnership,
submit a list of owners). Governmental Condemning Authority
�...r+.Jcrtr�Y.il.ifl.i< viF/EEE/EEECEE - "=x `s __ .• ..•
,.<t. _ _v..^x�...x:,.' x.:... xx� :gssz�'r x 3`xrRxx� ,. f:•_:�:.
7. Please indicate if the applicant is owner, lessee, or prospective tenant: see No. 6 '
8. Check one of the following:
.(x 4)Request Variance to Section x 1o.-2of the Zoning Regulations to allow a lot size red uction
from 12.90 acres to 12.85 acres (559,735+/- 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.
O
10. If application is for a v ce to Section 3.12, are there any liquor outlets within the restricted area,
(500 feet)?xYE& o<�)
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 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 aaauisition of the sub-iect property, thus denying the owner(s) use an
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 y of =- qiz
Year aoo 2— .
Applicant:
s M. Hummel (Agent for CTDOT)
OWNER: SEE EXHIBIT "A" & "B"
(Signature)
ssrx
x
•
Approved: ? Denied:
Revised 12/04/98
Exhibit "A"
PINNEY, PAYNE, VAN LENTEN, BURRELL, WOLFS 6, DILLMAN, P.C.
ATTORNEYS AT LAW
A-SEARLE PINNEY 26 WEST STREET
00S6Y S.PAYNE• NEW MILFORD OFFICE
THOMAS W.V-LENTEN POST OFFICE BOX 6$O 46 MAIN STREET
HUGH A.BURRELL DANBURY, CONNECTICUT 06610 NEW MILFORD,CONNECTICUT 06776
ROSERT J.WOLFE - (S 03)355•1181
001IN M.DILLMAN (2031 743.2721 _
WILLIAM S.STEELE•JR. RIDGEFIELD OFFICE
JEFFREY S.SIENKIEWICZ 401 MAIN STREET
TED O.SACKER- RIDGEFIELD,CONNECTICUT 06677
(203)A38.3725
DAMES H.MALONEY - -
MICHAEL S.MCKENNA
COUNSEL
AI:FRED P.F0 RIN0
THOMAS L.CHENEY
Nancy R. 'Si...nkiewicz'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.
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 pt�lff g 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"
PINNEY, PAYNE,VAN LENTEN, BURRELL,WOLFE 6 61LLMAN, P. C.
George R. Su1liVan, 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,
v. Hi hwa Commis ri
sioner, 169 .Conn, �65Me
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 ,
n nn
i a s vc:r'c:i S%,
Jeffrey B. Sienkiewicz
New Milford Town Counsel
By
N n c y K2. S i e n c
N /lc
4, Douglas Hummel
i
Exhibit "B"
s tt e of CITannecticat
JOSEPH 1. LIEBERMAN
ATTORNEY GENERAL Ix
O�'CONN
C0ffirr of Z.fir r ttvrrnrr 0meral
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 061.09
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 & Di,llman, 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 1
J �
B Y:
Paige Ever,in
Assistant Attorney General
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�. .... _,. _. w_...._ . ...___ C_iOVA `APO
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N°
Volume 172 Page 109�
is
CONDOMINIUM AT CINNAMON SPRINGS
DECLARATION
1 ! �e
I, GEORGE J. ACHENBACH, of the Town of Middletown, County of Middlesex
�0 _
- and State of Connecticut, on behalf of mysel
f,, my heirs, executors, adminis-. � �x
tratora and assigns, hereinafter collectively referred to as "Grantor", do
\ i r
hereby declare: r ------------
f r
' ARTICLE Is
f
SUBMISSION OF PROPERTY ° +
�. The Grantor is the owner, in fee simple, of the land hereinafter � , ;� +, =<�� r �
t
described and ages hereby submit such land and all buildings and other
ik ; � t
n improvements thereon or to be constructed thereon (hereinafter called "the !t � ,
�a Property") n
to the provisions of the Unit Ownership Act of the Connecticut f
=4 t
Z FM
General Statutes, as amended: I { of ,�#
_
A certain piece or parcel of land, together with all buildings and
improvements now or hereafter placed thereon, containing`12.9 acres, more
i�l S3
or leas, situated on the easterly aide of Clark Street and the northerly
rI
it
aide of Pleasant Valley Road, in the Town of South Windsor, County of } �
s:
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Hartford and State of Connecticut, shown on a map entitled, "BOUNDARY MAP Ti tr�E4
CINNAMON SPRINGS PROPERTY OF GEORGE J. ACHENBACH Pleasant Valley Rd. d T I i"fix$
�E YFtU f,
-_. Clark St. South Windsor, Conn. SCALE 1" 40' PRELIMINARY DATE 8-29-1972 (�[ J 6ao
FINAL DATE 1-11-773 SHEET 1 OF 5 R. V. Kotowaki Civil Engineer" ("the Map"),
-, - P ), •!!
which Map is on file in the office of the South Windsor Town Clerk and to
TIN—
which Map reference is hereby made and may be had for a more particular •
description of said premises, bounded and described as follows: B '
• <E , � E
Beginning at a point in the easterly line of Clark Street, which
7r point marks the northwesterly corner of land now or formerly of Alexander II.
4 -
F. Marouski; thence running northerly along the easterly line of Clark �s
a£ Street the following courses, directions and distances: (1) N 35' 42' 13" iT
41)
trrl� -
K_
Volum, e' 172 -Page .- No t :
1 9 110
2g.
1-9
2''' -
: .:.
E, 347 26 feat to a point (2) along the are of a curve to the right havin '
a central angle of 11 23 27 and a radius of 545.00 feat fora distancag � „l
08 3 feat to a point; (3) N 47° 05' 40" E, 92.10 lfcat�to a point; and",:,,
of 1 5
a (4). along the-arc of a curve to the right having a central angle of 1. 19,
40 and a radius of 2467.26 feat, for a distance of 53 56'feet to a point -:fig.
x r which marks the northwesterly corner of the herein'deacrbed premises and
° the southwesterly corner of land now or formerly of C. R. Burr 6 Co r,
f
Inc.; continue thence S 52. 37' 24" E along the southerly line of Iwd now r
or formerly of said C. R. Burr 6 Company, Inc., 69349Yfeat to a point 'marked by a concrete monument which point marks the northeasterly corner
of the herein described premises; thence running S 29' 53' 12" W along the westerly line of land now or formerly of Anthony D. Russo,;,781 38feet to
a point in the northerly line of Pleasant Valley Road, which point marks
44
the southeasterly corner of the herein described premises; continue thence
N 51 29 10 W along the northerly line of Pleasant Valley : 6522i
feet to a point which marks the southeasterly corner of land Road,. 5:y
now or formerly sr
xf'� I of Robert A. Marouski, -thence running along the easterly line of land now or
f11 formerly of Robert A. Marouski and the easterly and northerly lines of land 1 '
�'r" now or formerly of Alexander F. Marouski the following courses and distances s"
(1) N 35° 42' 13" E, 160'`00:.;feet to a point; and (2) N 51° 29' 10" Wit.
, In
� jr� _ feet to the point or place of beginning. '
j The above premises will be� conveyed to Unit owners sub ect to agreements,"
y j �•,•
" encroachments and easements appearing of record.
to
�R Said premises.are subject to a j possible easement or right of way along
t _ the easterly and northerly boundaries, as shown on the above entitled
Ottc"�' The above entitled Map has been certified substantially correct by a ~
�::"-- ram•
a . r .;
p l; licensed engineer and land surveyor. A copy of the Map is filed is the k
office of the.Town Clerk of South Windsor Connecticut �. ::
.;, .. . , as Map No. 25 in "�
Drawer No. 15. „T y
'}it
lei- Reference is also made to Exhibits A and B ap
pended hereto and Wade '
a part hereof. The drawings which form Exhibit B are on file in the South �4
z19
{ hf' Windsor Towri Clerk's Office as Maps Nos. through �f in Drawer Wo. 2
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_ _ ---— - Volume 172 page
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3 - i
I - - E •_:
x ARTICLE II ( i
( j52.
`' NAME OF CONDOMINIUM •'�Y
iP•
�1 The Condos{inium created by this Declaration shall beVi
¢ x
OOhDOMINIUM AT-CINNAMON-
ARTICLE known as
o- SPR.INCS III r
--E BUILDINGS r
The Buildings consist of nine (9) se parate buildings, deal
` 1100, 1102, 110k 8nated z
1106, 1108, 1110, 1112
1114 and 1116 '
containing in ( � �
thek
aggregate, one hundred two '_02 t
Units, Plus a storage 19,
room.
addition to the above mentioned Buildings, �" fl
there are a Swimming
Fa Y and a Boathouse 8 Pool if
Facility, f{ry
The Buildings
have two with stories, entry t '
zY at grade or second floor,
as indicated in Exhibit B. "
_ Each Unit contains as a minimum a livin ff ,�
rx- area, a kitchen, one bathroom g-dining ¢ It
C om and one bedroom, with use of a
Patio or deck.
rr - �d an e ( •k'� '
4 ntrq stoop. ,
The Buildings-are of frame construction 1 {
. aluminum siding over fiber fF�f
a board sheathing, with•full blown insulation. I # '�
� The foundation is �
r concrete slab. The floorsPlaced € F
are combination sub floor r r�
and underla � f �
Yment for
second floor rooaq, finished
All ( f'r
# f
floors will be carpeted except those in q
;
+ €
the kitchen
the bathroom, the laundry closet and the water heater ,
closet j
which floors r
will be covered with resilient vinyl asbestos tile. `surfacing Y Roof
bd g will be asphalt shin ( l•glee over plywood with bat-type ;
' YPe fiberglass ds '
iasulation on eloped areas and tar and gravel on flat areas ,
insula : with blown
tion, All
`_ party walls are double stud double plate with gypsum
wallboard and fu
ll blown insulation, All bearingr} j
walls are single stud
double
plate with gypsum wallboards,'
Other walla are single stud single i k� Plate with gypsum wallboard.
Sliding glass doors and windows are set in + (rit s"
alp frame with white finish, f �� #iE f#
All glass is. ineulatin (�
' - terior doors ass flush 8 Sless. All in y
masonite with white finish. 13
t
i y t F f
r try �-��-;
+ t Ifl
at
,.
Volume 172 Pa _ u
9e N 124 �
" in favor of the owners of all other Units to use the pipes, ducts, cablea,� 4 ,
wires; conduits, public utility lines and'other common facilities serving f
r .,
such other Unit and located in each such Unit. The Board of Directors' i
of the Condominium Association shall have the right of access t'o each
Y
i Unit to inspect the same, to remove violations therefrom and to maintain,
repair or replace the common facilities contained therein or elsewhere in x
I i i.. the Buildings.
ARTICLE XIX ;n
POWER 0
F ATTORNEY TO CONDOMINIUM ASSOCIATION
Each Unit owner shall, and doe's by the acceptance of his deed, grant
'
�r*a � � to Condominium At Cinnamon Springs Association, Inc., an irrevocable Power
r �,
of Attorney, coupled with an interest, to acquire title to or lease any a'
Unit whose owner desires to surrender, sell or lease the aame, or which
may be the subject of foreclosure or other judicial sale, in the name
of the Association for its designees,
ii corporate or otherwise, on behalf
. of all Unit owners, and to convey, sell, lease, mortgage, or otherwise
a:
deal with any such Units so acquired, or to sub-lease-any Unifs eo leased
b
r y the Association.
tx
ARTICLE XX
of f r
u # r > 1 .Part
itaial.Takinp`:Without'llirect;Effect on Ua If part of the `
x
ff tit4 I'fr Condominium shall be taken or condemned by any authority havingthe
power.
� � ly ' yfYk ti of eminent domain such that no Unit, nor Limited Common Area ap
purtenant r
t 1 u � thereto is taken, all compensation and damages for and on account of the Y-y-
taking of the Common Areas, exclusive of compensation for consequential
11 damage$ ia ''� Is to certain affected Units, shall be payable to a Trustee as trustee
for all Unit owners and mortgagees according to the lose or damages to their
33 I
( f
} I ? respective interests in such Common Areas. The Association, acting through s rM
r
Ir -
1 1 ��I'•. !i """".'r+wrra�wraww+a:+...a.w..r+W+:w�:,.,-._.._=:•_,•.tea'. ._.._. ._... '�"` _m..
Volume 172 r
Page N° 125 . Wl
_z
17- - RA-
the
I '
Board of Directors, shall have the right to act on behalf of the Unit � �y�
v
owners with respect to the negotiation and litigation of the issues with t ,
respect to the taking and compensation affecting the Common Areas, without
Ltssitation on the right of the Unit owners to represent their own interests.
Sock proceeds shall be used in accordance with the provisions of the By—Lawn. '
r
*� Nothing herein is to prevent Unit owners whose Units are specially affected
b7 the taking or condemnation from joining in the condemnation proceedings ) H
mad petitioning on their own behalf for consequential damages relating.to
i.
s loss of value of the affected Units, or personal improvements therein
�T , #.
�f
- ezeluaive of damages relatingto Common Areas. In the event that the
condemnation award does not allocate consequential damages to specific
z� Unit owners, but by its terms includes an award for reduction in value
z
z of Units without such allocation, the award shall be divided between affected 333# 1�
Unit owners and the Trustee as the interests may appear by arbitration in
accordance with the rules of the American Arbitration Association,
2. Partial or Total Taking Direct
l Affecting Units: If part or all
of the Condominium shall be taken or condemned y
emned by any authority having the •' ! �t �'
-. power of eminent domain, such that any Unit or a part thereof (including 17
r� !a
Limited Common Areas assigned to any Unit) is taken, the Association shall
have the right to act on behalf of the Unit owners with respect to Common f��r
Areas as in paragraph 1 of this Article, and the proceeds shall be payable rf
as outlined therein, The Unit owners directly affected by such taken !!!
g
11F 1�! i
µ shall represent sad negotiate for themselves with respect to the damages .
. affecti awards so made shall be distributed
1 ng their respective Units. The f�
-through the Trustee first to restore the Units and common buildings or
facilities on the remaining land of the Condominium in the !izc
e same manner - .. tsf !�fl�1
�' as provided for restoration under the By-Laws to the extent possible, l
Q
attempting to rebuild buildings containing new Units of the'same number, i
,yam
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Town 0-j-'es-oubt,
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1540 SULLIVAN AVENUE • SOUTH WINDSOR, CT 06074
SOR-co TELEPHONE (860) 644-2511
March 20, 2002
CERTIFIED # 70001670000775517511
State of Connecticut
Department of Transportation
P.O. Box 317546
Newington, CT 06131-7546
RE: Application #2531-02 - Connecticut Department of Transportation/Town
of South Windsor, Pleasant Valley Road (condominium at Cinnamon
Springs), MP-A 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 12.90 acres to 12.85 acres at Pleasant Valley Road .(condominium at
Cinnamon Springs), MF-A 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,
-;-j?:t I LLnA-x n or
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
12.90 acres to 12.85 acres, MF-A zone.
on premises located: Pleasant Valley Road
and more particularly bounded and described as follows:
SEE ATTACHED
OWNER OF RECORD: Condominium at Cinnamon Springs
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
raWtj IN 1U9 c
^ I
{r CONDOMINIUM AT CINNAMON SPRINGS
DECLARATION
s
I, CEORCE J. ACHENBACH, of the Town of Middletown, County of Middlesex
-_ and State of Coanecticur., on behalf of myself, my heirs, executors, adminis-. 1
s trators and assigns, hereinafter collectively referred to as "Grantor", do
s
hereby declare:
I ARTICLE I
f
" SUBMISSION OF PROPERTY
The Grantor is the owner, in fee simple, of the land hereinafter
described and does hereby submit such land and all buildings and other
improvements thereon or to be constructed thereon (hereinafter called "the
j! Property") to the provisions of the Unit Ownership Act of the Connecticut
- General Statutes, as amended: � .� !, f ���#�... .��•�,
_ A certain piece or parcel of land, together with all buildings and "! IIf �'(` F
improvements now or hereafter placed thereon, containing 12.9 acres, more
or lees, situated on the easterly side of Clark Street and the northerly
side ofRoad,
s t
Pleas Valley Road in the ,�• f.!+_ ��,�
Pleasant f I' h. 'tr k;•.
Y , e Town o South Windsor, County of �f� •'h�;r` ''"4"
Hartford and State of Connecticut, shown on a map entitled, "BOUNDARY MAP
CINNAMON SPRINGS PROPERTY OF GEORGE J. ACHENBACH Pleasant Valley Rd.
fit ' i
Clark St. South Windsor, Conn. SCALE 1" 40' PRELIMINARY DATE 8-29-1972 kx J (,ao {: I1 r t '4 ' y+
�r FINAL DATE 1-11-73 SHEET 1 OF 5 R. V. Kotowaki Civil Engineer" ("the A:a " �� ) `'� 'M`
which Map is on file in the office of the South Windsor Town Clerk and to
=A' which Map reference is hereby made and may be had for a more particular
V description of said premises, bounded and described as follows:
t . Beginning at a point in the easterly line of Clark Street, .which it ,
Point marks the northwesterly corner of land now or formerly of Alexander , "� s
F. Marouski; thence running northerly along the easterly line of Clark �s ,_• _:='_^s
Street the following courses, directions and distances: (I) N 35' 42' 13"
R l
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t
pis:. tI�"e